Loading...
Fish & WildlifeMass Wildlife January 3, 2005 Edward Brown. MS Transportation Systems, Inc. PO Box 967, 2 Bishop Street Framingham, MA 01701 Dear Mr. Brown, Commonwealth of A'/assachusetts C fic.°c(. X 41. c Division of Fisheries Sit Wildlife Re: Norwottuck and Williamsburg Rail Trail Northampton, MA NHESP File: 04 -17119 Wayne F. MacCallum, Director DEPT OF PLANNING NORTHAMPTON, MA 01060 Thank you for contacting the Natural Heritage and Endangered Species Program "NHESP of the MA Division of Fisheries Wildlife for information regarding state protected rare species at the above referenced site. Our database indicates that the following protected rare species and exemplary natural communities occur in the vicinity of your project: Scientific name Common Name Taxonomic Group State Status Clennnys insculpta Wood Turtle Reptile Special Concern Arnbystoina jeffersonianum Jefferson Salamander Amphibian Special Concern Certified Vernal Pools These species are protected under the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A) and its implementing regulations (321 CMR 10.00). State listed wildlife are also protected under the state's Wetlands Protection Act (WPA) (M.G.L. c. 131, s. 40) and its implementing regulations (310 CMR 10.37 and 10.59). Fact sheets for these species can be found on our website http: /www.nhesp.org. Please note that before the initiation of any work at the above listed project site, project plans must be reviewed by the NHESP for compliance with the state listed rare species protection provisions of MESA (321 CMR 10.00) and the WPA (310 CMR 10,00). If the project site is within Estimated Habitat for Rare Wildlife and a Notice of Intent (NOI) is required, then a copy of the NOI must be 'submitted to the NHESP in a timely manner, so that it is received at the same time as the local conservation commission. Whether or not the proposed project is within Estimated Habitat, preliminary project plans, a project, description, and a rare species habitat assessment mist be sent to NHESP Environmental Review to determine whether a probable "take" under the MA Endangered Species Act would occur (321 CMR 10.02). The rare species habitat assessment must be performed by qualified individuals who are familiar with the habitat requirements of the above listed rare species. Resumes should be included in the assessment report. As part of the habitat assessment, vegetation cover types should be described and mapped. In addition, if the rare species list provided above includes one or more plant species, then suitable habitat that meets the growing requirements of those rare plant species should be described and mapped. If the rare species list provided above includes one .or more wildlife species, then, depending upon the life history characteristics of those species, suitable feeding, breeding, migrating, nesting, overwintering, and estivating habitat should be described and mapped. Finally, the www mo ife. org Division of Fisheries and Wildlife -Field- Headquarters, One-Rabbit Hill Road, Westborough; MA 01 (508) 792- 7270 Fax (508) 792 -7275 An Agency of the Department of Fisheries, Wildlife Environmental Law Enforcement habitat assessment should include a detailed evaluation of the potential impacts of the proposed project on state listed rare species and their habitats. We recommend that the project proponent confer with the NHESP about rare species permitting issues as early in the project planning and design process as possible, as early consultation may expedite endangered species regulatory review. On a case by case basis, please note that more extensive surveys may be required in order to locate rare species on the project site, and to determine their patterns of distribution and habitat use. MA Endangered Species Act (M.G.L. c. 131A) If NHESP determines that the proposed project would "take" a rare species, then it may be possible to redesign the project to avoid a "take." If such revisions are not possible, the applicant should note that projects resulting in the "take" of state protected wildlife may only be permitted if they meet the performance standards for a "Conservation and Management Permit" under MESA (321 CMR 10.04(3)(b)). Please note that projects resulting in a "take" will require submission of an Environmental Notification Form, pursuant to the MA Environmental Policy Act regulations (301 CMR 11.00). Wetlands Protection Act If the NHESP determines that the proposed project will adversely affect the actual Resource Area habitat of state protected wildlife, than the proposed project may not be permitted (310 CMR 10.37, 10.58(4)(b) 10.59). In such a case, the project proponent may request a consultation with the NHESP to discuss potential project design modifications that would avoid adverse effects to rare wildlife habitat. This evaluation is based on the most recent information available in the Natural Heritage database, which is constantly being expanded and updated through ongoing research and inventory' Should your site plans change, or new rare species information become available, this evaluation may be reconsidered. If you have any questions regarding this review please call Joanne Theriault, Environmental Review Assistant,. at ext. 310. Thomas W. French, Ph.D. Assistant Director cc: Northampton Conservation Commission and Planning Board Page 2