45-037 MESA violation Northampton_18-37998.pdf
NOTICE OF NON-COMPLIANCE WITH THE MASSACHUSETTS ENDANGERED SPECIES ACT
August 23, 2018
Donald and Ellen Miele
195 Royal Street
Chicopee, MA 01020
RE: Subject: Unlicensed dock within Priority Habitat
Project Location: 372 Old Springfield Road, Northampton
NHESP File No.: 18-37998
To Whom it may Concern:
The Natural Heritage and Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries
and Wildlife (the “Division”) has been made aware of an unlicensed dock on the Oxbow of the Connecticut
River at 272 Old Springfield Road. The dock is within Priority and Estimated Habitat of Rare Species as
indicated in the Massachusetts Natural Heritage Atlas (14th Edition).
Pursuant to the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A) and its implementing
regulations, a project filing must be submitted to the Division for all Projects and Activities located within
Priority Habitat (321 CMR 10.18; certain exemptions may apply). The Division has no record of receiving a
MESA filing for work at this project site. Therefore, work that occurred or is ongoing appears to be out of
compliance with the MESA. Please note that violations of the MESA are subject to civil and criminal penalties
as specified in 321 CMR 10.06.
In order to address this matter, an “after-the-fact” MESA Project Review Checklist with associated
information must be submitted to the Division. To obtain a MESA Project Review Checklist and additional
information about the MESA review process, please visit our website: https://www.mass.gov/how-to/how-
to-file-for-a-mesa-project-review
Please note that the current edition of the Massachusetts Natural Heritage Atlas (14th Edition) is available
online and paper maps are available at your local Conservation Commission or Planning Board office. Please
contact our office ((508) 389-6357) to initiate a consultation to resolve this matter.
Sincerely,
Thomas W. French, Ph.D.
Assistant Director
cc: Northampton Conservation Commission