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HomeMy WebLinkAboutNHESP conditionsDecember 30, 2025 RJ Resorts Blue Water Resort Owner LLC 444 Madison Ave Floor 14 New York, New York 10022 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: RJ Resorts Blue Water Resort Owner LLC Project Location: 291 & 301 South Shore Drive Project Description: Construction of a temporary deck within the Coastal Beach DEP Wetlands File No.: 083-2494 NHESP File No.: 25-19724 Heritage Hub Form ID: RC-95449 Dear Commissioners and Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans titled "Site Plan showing Proposed Temporary Wood Framed Deck" (7-21-2025, one sheet, prepared by Cape Cod Engineering, INC) 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" The Project includes the construction of a 12.8' X 12.6' temporary deck (stage) 22' south of the existing deck, in the northwest corner of the Lot (291 South Shore Drive). The temporary deck will be delivered via the existing access route located along the edge of the eastern parcel boundary of 301 South Shore Drive. STATE-LISTED SPECIES 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 25-19724NHESP No.Page 2 of 4 Issued December 30, 2025 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 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. 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 a review of the information provided and the information that is contained in our database, the Division has determined 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. The Division notes that any future projects or activities proposed on the Property which are (a) located outside of the approval of the limit of Work shown on the site plan , (b) not exempt from review pursuant to 321 CMR 10.14, and (c) located within mapped Priority Habitat as indicated in the Massachusetts Natural Heritage Atlas, will require review by the Division pursuant to MESA. Furthermore, 321 CMR 10.16 provides that projects shall not be segmented or phased to evade or defer the review requirements under MESA . If the Division determines, based on the considerations provided for in 321 CMR 10.16, that a future project or activity proposed on the Property is part of a larger common project or scheme , it may evaluate the cumulative impacts of the existing and proposed segments of the common project when reviewing the future proposed project or activity pursuant to MESA. 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. 25-19724NHESP No.Page 3 of 4 Issued December 30, 2025 Sincerely, Jesse Leddick Assistant Director cc: Attachment: List of Conditions 25-19724NHESP No.Page 4 of 4 Issued December 30, 2025 List of Conditions Applicant: RJ Resorts Blue Water Resort Owner LLC Project Location: 291 & 301 South Shore Drive Project Description: Construction of a temporary deck within the Coastal Beach NHESP File No.: 25-19724 Heritage Hub Form ID: RC-95449 Approved Plan: Site Plan showing Proposed Temporary Wood Framed Deck Plan date: 7-21-2025, one sheet, prepared by Cape Cod Engineering, INC 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, all Work associated with the installation and maintenance of the temporary wooden deck shall not be conducted during the period April 1 – August 31. 2.State-listed Species Protection: The property owner has the responsibility of protecting breeding Piping Plovers and state-listed species of terns that may nest on this section of beach. Therefore, the property owner must ensure 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). 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”). 3.Beach Management Plan: The applicant and property owner have the responsibility of protecting, monitoring, and managing state-listed species and their habitats. Therefore, the applicant must prepare a beach management plan for the site that includes but is not limited to maintenance and management activities, nourishment, grading, use of equipment or vehicles, state-listed species protection measures, monitoring and management of state-listed species and their habitats, as well as threats to state-listed species resulting from recreational use (e.g., fires, fireworks, trash, kites, kiteboarding, etc.) and demonstrates how this site is managed in accordance with the Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns and Their Habitats in Massachusetts (Massachusetts Division of Fisheries and Wildlife, 1993). The Beach Management Plan must be submitted to the Division for review pursuant to the MESA in conjunction with any subsequent MESA application for beach maintenance activities or within 6 months from the date of this determination, whichever is first. 4.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. 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.