HomeMy WebLinkAboutNHESP comment- more info needed
May 13, 2025
Yarmouth Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
Roby Whitehouse
Town of Yarmouth
Department of Public Works, Parks Division
74 Town Brook Road
Yarmouth, MA, 02675
Applicant: Roby Whitehouse, Yarmouth DPW – Parks Division
Project Location: Smugglers Beach, South Middle & Judan Way
Project Description: Beach Management Plans
DEP Wetlands File No.: 083-2477
NHESP Tracking No.: 25-19468
Heritage Hub Form ID: RC-94002
RE: Notice that additional information is required to take further action on your streamlined
application for review pursuant to the WPA (321 CMR 10.37) and MESA (321 CMR 10.18).
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife
(the “Division”) received a Notice of Intent with plans titled “TOWN OF YARMOUTH BEACH MANAGEMENT PLAN
– SMUGGLERS BEACH” & “TOWN OF YARMOUTH BEACH MANAGEMENT PLAN – SOUTH MIDDLE BEACH & JUDAN WAY”
(dated April 2025) 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).
STATE-LISTED SPECIES
The Division has determined that this Project, as currently proposed, will occur within the habitat of the
following species:
Scientific Name Common Name Taxonomic Group MESA Status
Charadrius melodus Piping Plover Vertebrate Animal Threatened
State-listed species and their habitats are protected in accordance with the MESA and rare wetland
wildlife habitat is protected pursuant to rare species provisions of the WPA. The Piping Plover is federally
protected as Threatened pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11).
NHESP No. 25-19468, Page 2
MA WETLANDS PROTECTION ACT (WPA) & 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 Area Habitats of state -listed species. The
purpose of the MESA review is for the Division to determine whether a Take of state-listed species will
result from the proposed project. Under 321 CMR 10.18(1), the Division is required to notify the Record
Owner of the property where the project is proposed within 30 days whether the submitted application
contains the information required to be submitted to the Division pursuant to 321 CMR 10.20, including
the applicable review fee. The Division also has the authority under 321 CMR 10.20 to require an applicant
to provide additional information beyond the minimum information specified therein.
This letter is to inform you that the Division has reviewed the materials submitted with your combined
application under the WPA (310 CMR 10.37) and MESA (321 CMR 10.18) regulations and has determined
that additional information is required in order for the Division to complete its review pursuant thereto,
as specified below:
1. Site Plan/Map: The Smugglers Beach Management Plan narrative identifies specific beach uses or
activities at the site including but not limited to a) volleyball court b) shade structure(s) c) annual beach
grass planting, etc.; however, the site plan/map (Attachment A of the Beach Management Plan) does
not identify these features, dimensions, or locations. Please provide an updated site plan/figure.
2. Volleyball Area: In addition to the figure(s) requested above, please identify how this activity will be
managed if state-listed species are in the vicinity of the volleyball court.
3. Beach Grass Plantings: Please provide additional details regarding the scope of American beachgrass
plantings. Specifically, please clarify the location(s), planting density, and frequency of beach grass
plantings at the site. Additionally, please clarify whether this occurs within the coastal dune or coastal
beach and quantify the approximate the size of the area(s) planted per year.
4. Beach Operations: Please provide additional details regarding hours of operation and staffing, beach
rules or regulations, entity responsible for compliance or enforcement of beach rules, commercial or
venders on the beach (e.g., kiosks for equipment rentals, tours, etc.), and public and or private events
(e.g., weddings, festivals, tournaments, fireworks, etc.).
After receiving the above information, the Division will continue its review of the proposed project for
compliance with the MESA and the rare species provisions of the WPA. 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.
No work or other activities related to your filing may be conducted anywhere on the project site until
the Division completes its review.
If you have any questions about this letter, please contact Amy Hoenig, Senior Endangered Species
Review Biologist, at Amy.Hoenig@mass.gov.
NHESP No. 25-19468, Page 3
Sincerely,
Jesse Leddick
Assistant Director
cc: Amy Ball, Horsley Witten Group
MA DEP Southeast Region, Wetlands Section