HomeMy WebLinkAboutNHESP comment- more info needed
May 2, 2025
Will Rubenstein
Camp Wingate Kirkland
79 White Rock Road
Yarmouth, Massachusetts, 02675
Yarmouth Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
RE: Applicant: Will Rubenstein, Camp Wingate Kirkland
Project Location: Elisha’s Pond (Yarmouth)
Project Description: Hydrilla management with fluridone and hand removal within the Camp
Wingate Kirkland designated swim area; hand raking or harvesting along
shoreline of dead plant material
NHESP File No.: 25-19462
MA DEP File No.: 083-2479
Heritage Hub Form ID: RC-93395
NOTICE that your application for MESA review under 321 CMR 10.18 is incomplete and requires submission
of additional information; Determination under the WPA only
Dear Applicant and Commissioners:
The applicant listed above has submitted a NOTICE OF INTENT WITH APPENDIX A: ECOLOGICAL LIMITED PROJECT CHECKLISTS
entitled “Elisha’s Pond Aquatic Vegetation Management Plan & Narrative” dated April 10, 2025 (prepared by
Crawford Land Management) including the ELISHA’S POND, YARMOUTH, MA HYDRILLA MANAGEMENT PLAN
to the Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife
(the “Division”), in compliance with the rare wetland wildlife species habitat provisions of the Massachusetts
Wetlands Protection Act Regulations. The Applicant also seeks approval for work pursuant to the MA
Endangered Species Act (M.G.L. c.131A) and its implementing regulations (321 CMR 10.00).
PROJECT DESCRIPTION
Elisha’s Pond is a 10.3-acre freshwater pond with a maximum depth of 20 feet located in Yarmouth, MA.
Invasive hydrilla (Hydrilla verticillata) has been documented in about 6.3 acres of the Pond. The proposed plan
for hydrilla management within Elisha’s Pond includes a combination of chemical and physical/mechanical
methods. Hydrilla will be treated with fluridone, which requires a 30–90 day contact period, through initial
treatment and then boosting to maintain the effective concentration. If hydrilla growth is substantial within
Camp Wingate Kirkland’s designated swimming area, manual removal (hand-harvesting) may be conducted.
After chemical treatment(s), a substantial amount of dead plant material could accumulate within the pond.
This dead plant material may be removed through shoreline raking and/or hand-harvesting to prevent oxygen
depletion of the pond.
NHESP RC-93395, Elisha’s Pond, Page 2 of 3
STATE-LISTED SPECIES
The Project as currently proposed will occur within Priority Habitat for the of the following state-listed species:
Scientific Name Common Name Taxonomic Group Conservation Status
Sabatia kennedyana Plymouth Gentian Plant Special Concern
Enallagma pictum Scarlet Bluet Dragonfly/Damselfly Threatened
Enallagma recurvatum Pine Barrens Bluet Dragonfly/Damselfly Threatened
State-listed species and their habitats are protected in accordance with the 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.
MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)
The filing states that the Applicant is seeking approval for the use of products with fluridone as an active
ingredient. This letter is to inform you that the Division has reviewed the materials submitted with your
application and has determined that additional information is required in order for the Division to complete
its review pursuant to 321 CMR 10.18 (MESA) and 310 CMR 10.59 (WPA).
1) Submit an Analysis of Fluridone Impacts to Plymouth Gentian. The analysis must include
summarization of data available on species related to the state-listed species and address the specific
amount, form and brand of products proposed for use in this application as compared to the literature
sources. The Applicant must additionally submit an alternatives assessment including the use of
alternative herbicides.
2) Submit a Plan to Avoid Impacts during Manual Removal. The Applicant must develop a plan for
Division review and approval that is designed to avoid impacts to shoreline vegetation during hand
harvesting and raking of decayed plant materials. When such activities occur, the Plymouth Gentian
shall be avoided and protected in both vegetative and flowering states.
The Division reserves the right to request additional information to understand the potential impacts of the
proposed project on state-listed species and their habitats. After receiving the above requested information,
the Division will continue its review of the proposed project for compliance with the state -listed species
provisions of the MESA regulations. Pursuant to 321 CMR 10.20, the Division reserves the right to request
additional information beyond that described above to understand the potential impacts of the proposed
project on state-listed species and their habitats.
MA WETLANDS PROTECTION ACT
Based on a review of the information that was provided and the information that is currently contained in our
database, the Division has determined that this project, as currently proposed, will not adversely affect the
actual Resource Area Habitat of state-protected rare wetland wildlife species.
The Division will continue reviewing this project pursuant to the MESA after receiving receipt of the items listed
above. Even if the Commission elects to issue an approving Order of Conditions, no work or other activities
NHESP RC-93395, Elisha’s Pond, Page 3 of 3
related to your filing may be conducted anywhere in the pond until requirements under MESA are satisfied,
and the Division completes its review.
Please do not hesitate to contact Misty-Anne R. Marold, Senior Review Biologist, at (508) 389-6356 (misty-
anne.marold@mass.gov) with any questions or comments you may have.
Sincerely,
Jesse Leddick
Assistant Director
cc: Jen Crawford, Crawford Land Management, andreana@crawfordlm.com
MA DEP Southeast Region, Wetlands and Waterways