Commonwealth of Massachusetts
Wayne F. MacCallum, Director
July 8, 2014
Ware Conservation Commission
126 Main Street, Suite A
Ware, MA 01082
Judy Metcalf
Town of Ware Board of Health
126 Main Street
Ware, MA 01082
RE:
Applicant:
Project Location:
Project Description:
DEP Wetlands File No.:
NHESP Tracking No.:
Thomas Benjamin
Sheehy Road, Ware
Capping Former Landfill, Stormwater Improvements
317-0420
14-33082
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries &
Wildlife (the “Division”) received a Notice of Intent with site plans entitled “Site Plan with Wetland
Lines” (dated May 22, 2014; prepared by Environmental Compliance Services, Inc.) and supporting
documentation in compliance with the rare wildlife species section of the Massachusetts Wetlands
Protection Act Regulations (310 CMR 10.59). The Division also received the MESA Project Review
Checklist and supporting documentation for review pursuant to the Massachusetts Endangered Species
Act (MGL c.131A) and its implementing regulations (321 CMR 10.00) (MESA).
The Division has determined that the proposed project is located within the mapped Priority Habitat of the
Wood Turtle (Glyptemys insculpta), a species state-listed as “Special Concern”. This species and its habitats
are protected pursuant to the MESA. A Fact Sheet for this species can be found on our website,
www.mass.gov/nhesp.
The project, as proposed, includes the capping of a formal landfill and the installation of stormwater
management structures, collectively resulting in approximately ±2.5 acres of disturbance. The proposed
project also includes the long-term, ongoing vegetation maintenance of both areas.
WETLANDS PROTECTION ACT (WPA)
Based on a review of the information that was provided and the information that is currently contained in
our database, the Division has determined that this project, as currently proposed, will not adversely
affect the actual Resource Area Habitat of state-protected rare wildlife species. Therefore, it is our
opinion that this project meets the state-listed species performance standard for the issuance of an Order
of Conditions. Please note that this determination addresses only the matter of rare wildlife habitat and
does not pertain to other wildlife habitat issues that may be pertinent to the proposed project.
www.mass.gov/nhesp
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
NHESP No. 14-33082, Ware, 7/8/2014, Page 2 of 2
MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)
Based on a review of the information that was provided and the information that is currently contained in
our database, the Division has determined that this project, as currently proposed, must be conditioned
to avoid a prohibited “take” of state-listed rare species. The following conditions must be met:
1.
Turtle Protection Plan: Prior to the start of work, the Applicant shall submit for Division review
and approval a turtle protection plan detailing procedures for protecting state-listed turtles
during construction. Please note that, should all work associated with the proposed project occur
during the inactive season of the Wood Turtle (October 15 – April 15 of any year), no turtle
protection activities will be required.
2.
Operations & Maintenance Plan: Any future, mechanized maintenance (e.g., mowing, digging,
etc.) of the landfill cap and associated stormwater management areas shall occur during the
inactive season of the Wood Turtle (October 15 – April 15 of any year), unless otherwise
approved in writing by the Division. Therefore, prior to the start of work the Applicant shall
submit for Division review and approval an operations & maintenance plan for the future
maintenance of these areas.
Provided the above-noted conditions are fully implemented and there are no changes to the site plans,
this project will not result in a “take” of state-listed species. 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.
The Division notes that any future projects or activities proposed on the property which are located
outside of the approved limit of work shown on the site plans, are not exempt pursuant to 321 CMR
10.14, and are located within mapped Priority Habitat as indicated in the Massachusetts Natural Heritage
Atlas, will require review by the Division pursuant to the MESA. The Division, at its discretion, may take
into account the cumulative impacts that may be relevant to state-listed species, including but not limited
to those associated with the current 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 Jesse Leddick, Endangered Species Review
Biologist, at (508) 389-6386 or [email protected].
Sincerely,
Thomas W. French, Ph.D.
Assistant Director
cc:
Thomas Benjamin, Environmental Compliance Services, Inc.
Scott Smyers, Oxbow Associates, Inc.
MA DEP Wetlands, Western Region