HomeMy WebLinkAboutNHESP comments 7.25.2022s
DIVISION OF
FISHERIES & WILDLIFE
1 Rabbit Hill Road, Westborough, MAO1581
p: (508) 389.6300 ( f: (508) 389-7890
MASS. GOV/MASSWILDLIFE
MASSWILDLIFE
July 25, 2022
Rebecca Tepper, Secretary
Executive Office of Energy and Environmental Affairs
Attention: Jennifer Hughes, MEPA Office
100 Cambridge St.
Boston, Massachusetts 02114
Project Name:
Hayes Aquaculture
Proponent:
Christian Hayes
Location:
north coast of Yarmouth, CCB 26
Project Description:
Shellfish Aquaculture
Document Reviewed:
Aquaculture Special Review Procedure Request Form
EEA File Number:
16964
NHESP Tracking No.:
25-19624 (18-38094)
Hear Secretary Tepper,
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries &
Wildlife (the Division) reviewed the Aquaculture Special Review Procedure Request (SRP) Form for the
proposed shellfish aquaculture project off the north coast of Yarmouth, MA and would like to offer the
following comments.
The proposed project site is located off the north coast of Yarmouth, west of Lone Tree Creek and east
of Mill Creek, and within DMF designated shellfish growing area CCB 26. The applicant proposes to grow
oysters (Crassostrea virginica), quahogs (Mercenaria mercenaria), softshell clams (Mya arenaria), and
blue mussels (Mytilus edulis) within bottom cages on a subtidal site that has a muddy/sandy bottom.
The proposed project site has been mapped as Priority Habitat and Estimated Habitat according to the
Massachusetts Natural Heritage Atlas (15sh Edition), for state listed Tern species and Piping Plover
(Charadrius melodus) a state -listed Threatened species. These species and their habitats are protected
pursuant to the Massachusetts Endangered Species Act (M.G.L c. 131A) and its implementing
regulations (MESA, 321 CMR 10.00). Rare wetland wildlife is protected pursuant to the rare species
provisions of the Massachusetts Wetlands Protection Act regulations (WPA, 310 CMR 10.37). This
project requires a direct filing with the Division for compliance with the Massachusetts Endangered
Species Act (MESA 321 CMR 10.00).
Based on the information contained within the SRP form and in advance of a formal filing pursuant to
the MESA, it is anticipated this project could be conditioned to avoid a prohibited Take of state -listed
species. The Division anticipates that any state -listed species concerns can be addressed during the
MESA review process.
The Division will not render a final decision until all required MESA filing materials are submitted by the
proponent to the Division. As our MESA review is not complete, no alteration to the soil, surface, or
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vegetation and no work associated with the proposed project shall occur on the property until the
Division has made a final determination.
If you have any questions about this letter, please contact Devon Harrington, Endangered Species
Review Biologist, at (508) 389-6354 or devon.a.harrington@mass.gov. We appreciate the opportunity
to comment on this project.
Sincerely,
Jesse Leddick
Assistant Director
CC' Yarmouth Board of Selectmen
Yarmouth Conservation Commission
Yarmouth Planning Department
DEP Southeast Regional Office, MEPA
MASSWILDLIFE