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HomeMy WebLinkAboutNHESP comment 5.19.2026May 19, 2026 Great Island Realty Trust 1100 Great Island Road West Yarmouth, MA 02673 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: Great Island Realty Trust Project Location: 0 Great Island Road Project Description: Reconstruct beach access stairs DEP Wetlands File No.: 083-2535 NHESP File No.: 24-18391 Heritage Hub Form ID: RC-98783 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 removal and reconstruction of the existing beach access stairs. 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 Special ConcernBirdLeast TernSternula antillarum 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 24-18391NHESP No.Page 2 of 4 Issued May 19, 2026 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 and Least Terns 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, terns and their nests are particularly vulnerable to predators, unleashed pets, and human disturbance. After hatching, Piping Plover and Least Tern chicks are not capable of flight - 25-30 days for plovers and 21-25 days for terns. 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 the information provided and the information 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. 24-18391NHESP No.Page 3 of 4 Issued May 19, 2026 Sincerely, Jesse Leddick Assistant Director cc: Attachment: List of Conditions 24-18391NHESP No.Page 4 of 4 Issued May 19, 2026 List of Conditions Applicant: Great Island Realty Trust Project Location: 0 Great Island Road Project Description: Reconstruct beach access stairs NHESP File No.: 24-18391 Heritage Hub Form ID: RC-98783 Approved Plan: Site Plan of 0 Great Island Road West Yarmouth, MA Plan date: 4-1-2026, one sheet, prepared by Down Cape Engineering, INC Revised Date: 4-23-2026 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 the removal and reconstruction of the beach access stairs shall not be conducted during the period April 1 – August 31, unless otherwise approved by the Division 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.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. 4.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.