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HomeMy WebLinkAboutNHESP comment 4.14.2026April 14, 2026 Dewey J & Margaret Awad Dewey J Awad 2007 Irrevocable Family Trust 75 Cart Path Road Weston, Massachusetts 02493 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: Dewey J & Margaret Awad, Dewey J Awad 2007 Irrevocable Family Trust Project Location: 911 & 921 Great Island Road Project Description: Construction of a stone revetment, sand nourishment, debris removal DEP Wetlands File No.: 083-2529 NHESP File No.: 24-18473 Heritage Hub Form ID: RC-98437 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). PROJECT DESCRIPTION "the Project" The Project, as currently proposed, includes the construction of ±300 linear feet of stone revetment and removal of debris associated with the existing coir fiber array system. As proposed, the stone revetment will be initially nourished with 110CY of compatible sand and annually nourished with 40CY of compatible sand. STATE-LISTED SPECIES The Division has determined that this Project, as currently proposed, will occur within the Priority Habitat of the following species: Scientific Name Common Name Taxonomic Group State Status ThreatenedBirdPiping PloverCharadrius melodus 24-18473NHESP No.Page 2 of 4 Issued April 14, 2026 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 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. 24-18473NHESP No.Page 3 of 4 Issued April 14, 2026 Sincerely, Jesse Leddick Assistant Director cc: Attachment: List of Conditions 24-18473NHESP No.Page 4 of 4 Issued April 14, 2026 List of Conditions Applicant: Dewey J & Margaret Awad, Dewey J Awad 2007 Irrevocable Family Trust Project Location: 911 & 921 Great Island Road Project Description: Construction of a stone revetment, sand nourishment, debris removal NHESP File No.: 24-18473 Heritage Hub Form ID: RC-98437 Approved Plan: Proposed Stone Revetment Bank Stabilization Plan date: 2-2-2026, 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 avoid impacts to state-listed species and their habitats, all Work associated with the removal of the coir system, construction of the revetment and sand nourishment, shall not be conducted during the period April 1 – August 31. 2.State-listed Species Protection: The applicant has the responsibility of protecting state-listed shorebird species (piping plovers and or terns) that may occur on this property. Therefore, it is recommended that the applicant engage a qualified shorebird monitor to conduct regular monitoring for the presence of these state-listed species during the period April 1 – August 31 and protect any nests, scrapes, or unfledged chicks with symbolic fencing (warning signs and twine fencing). 3.Nourishment: As proposed, the Applicant shall provide annual compensatory sand nourishment. a. Immediately upon completion of the revetment construction, an initial deposition of ±110 cubic yards (CY) of compatible sand shall be distributed overtop the revetment and/or upon the coastal beach. This volume shall be in addition to the sand excavated for the installation of the system. b. Thereafter, the Applicant is responsible to place ±40 cubic yards of compatible sand nourishment annually. The Applicant is required to demonstrate compliance with delivery slips or receipts . c. All nourishment must avoid the shorebird nesting period; therefore, sand shall not be deposited during April 1 – August 31, unless otherwise approved in writing by the Division. 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.Wetlands Protection Act, 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.