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HomeMy WebLinkAbout2013_8_28 NHESP Comments_201405230902307866 Commonwealth of Massachusetts Wayne F. MacCallum, Director www.mass.gov Division of Fisheries and Wildlife Temporary Correspondence: 100 Hartwell Street, Suite 230, West Boylston, MA 01583 Permanent: Field Headquarters, North Drive, Westborough, MA 01581 (508) 389-6300 Fax (508) 389-7890 An Agency of the Department of Fish and Game August 28, 2013 Nantucket Conservation Commission 37 Washington Street Nantucket MA 02554 Siasconset Beach Preservation Fund c/o Jenny Garneau 18 Sasapana Road Nantucket MA 02554 RE: Project Location: Sconset Bluff & Baxter Road (Lot 63 – 119 Baxter Road) Project Description: Sconset Bluff & Baxter Road Storm Damage Prevention Project - Coastal Bank Stabilization DEP Wetlands File No.: 048-2581 NHESP Tracking No.: 13-32415 Dear Commissioners & Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent, site plans entitled “SCONSET BEACH PRESERVATION FUND SCONSET BLUFF EROSION CONTROL PROJECT” (dated 6/28/13, last revision 8/23/13) and Supplemental Submission materials dated August 23, 2013 in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37). Additional materials were submitted for review pursuant to the Massachusetts Endangered Species Act (MESA; M.G.L. c. 131A) and its implementing regulations (321 CMR 10.00) (MESA). With the installation of stone revetment along approximately 4,000 linear feet of coastal bank, it is anticipated that the amount of sediment within the system available to state-listed nesting shore-birds will be greatly reduced. The Piping Plover (Charadrius melodus) is a state-listed as “Threatened”, individuals and their habitats are protected pursuant to the MESA. The Piping Plover is also federally protected pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11). The NHESP has reviewed the submitted material and while we understand the project has been revised to occur outside of Priority & Estimated habitat, there is the potential for downdrift impacts (e.g. the loss of sediment within the littoral system) as a result of the proposed project. These downdrift impacts have the potential to impact state-listed species habitat and therefore, additional information is required in order for us to review the proposed project pursuant to the rare species provision of the WPA (310 CMR 10.37) and the (321 CMR 10.20). The applicant must provide us with the following: 1) Additional information regarding the proposed “sand mitigation” - It is stated that shoreline monitoring will determine if sand mitigation is required. Based on the 44 established profiles and the “additional monitoring transects…in the immediate areas downdrift of the revetment” monitoring will occur twice per year to determine if accelerated erosion exists. NHESP No. 13-32415, page 2 of 2 a. Where and how many “additional monitoring transects” will be added? b. How and who will determine if “accelerated erosion exists”? Can you provide information regarding the data set to be used? c. If it is determined that accelerated erosion exists, what is the mechanism and location of the resulting sand mitigation? Please note that upon review of this information the NHESP may require additional information. Once the NHESP has determined all of the required materials have been received (321 CMR 10.20), we will determine whether or not the proposed project will result in an adverse effect to the Resource Area habitat of state- listed wildlife and determine whether or not the project will result in a “take” of state-listed rare species (321 CMR 10.18(1)). The NHESP’s review under both the WPA and MESA are ongoing. Issuance of an Order of Conditions approving the project is inconsistent with the interests of the WPA. No work or other activities related to the subject filing should be conducted anywhere on this project site until the NHESP has completed its review. Please do not hesitate to contact Amy Coman-Hoenig, Endangered Species Review Biologist, at (508) 389- 6364 with any questions or comments you may have. Sincerely, Thomas W. French, Ph.D. Assistant Director cc: MA DEP Southeast Region Lester Smith, Epsilon Associates, Inc.