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HomeMy WebLinkAboutNHESP Comment 3.18.2025March 18, 2025 Peter Fairbanks 41 Uncle Roberts Road West Yarmouth, Massachusetts 02673 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: Peter Fairbanks Project Location: 41 Uncle Roberts Road Project Description: Construction of an elevated boardwalk, restoration of existing beach access pathway, installation of mobi-mat DEP Wetlands File No.: 083-2468 NHESP File No.: 25-19314 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 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 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). In Massachusetts, generally, these coastal birds can be found from April – September . Piping Plovers 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 and their nests are particularly vulnerable to predators, unleashed pets, and human 25-19314NHESP No.Page 2 of 3 Issued March 18, 2025 disturbance. After hatching, Piping Plover chicks are not capable of flight for 25-30 days. During this period unfledged plover chicks will often range widely to either forage or seek shelter. 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 above noted 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 Devon Harrington, Endangered Species Review Biologist, at devon.a.harrington@mass.gov, or 508-389-6354. Sincerely, Jesse Leddick Assistant Director cc: Attachment: List of Conditions 25-19314NHESP No.Page 3 of 3 Issued March 18, 2025 List of Conditions Applicant: Peter Fairbanks Project Location: 41 Uncle Roberts Road Project Description: Construction of an elevated boardwalk, restoration of existing beach access pathway, installation of mobi-mat NHESP File No.: 25-19314 Heritage Hub Form ID: RC-92514 Approved Plan: Concept Beach Pathway Plan and Profile Plan date: 1-4-2025, one sheet, prepared by AJM Site Design, LLC 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: To protect state-listed species and their habitats, Work associated with the construction of the boardwalk and restoration of the existing pathway 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 or state-listed species of terns that may be on this section of beach. Therefore, the applicant must allow 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 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.