estimated habitat nhesp comments... · 2019. 6. 19. · nhesp no. 19-38653, haverhill, 6/19/2019,...

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June 19, 2019 Carroll Gustafson 358 Main Street Groveland, MA 01834 Haverhill Conservation Commission City Hall, Room 300 4 Summer Street Haverhill, MA 01830 RE: Applicant: Carroll Gustafson Project Location: Lot 26 and Lot 26A Crystal Street South Essex Registry of Deeds: Book 6680 Page 441 Project Description: Two Single Family Residences DEP Wetlands File No: Unavailable (Lot 26); 033-1465 (Lot 26A) NHESP File No.: 19-38653 Dear Applicant and Commissioners: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans entitled “PLAN FOF LAND FOR 26 & 26A CRYSTAL STREET IN HAVERHILL, MASS.” (SHEET2 OF 2, dated 6/5/2019; prepared by Christiansen & Sergi, Inc.; the “Plan”) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.58(4)(b), 10.59). 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). As proposed, the project includes the construction of two single family residences, resulting in ± 69,500 square feet of disturbance on two lots totaling 283,600 square feet. Based on a review of information that was submitted and the information that is contained in our database, the Division has determined that the proposed project is within the mapped Priority and Estimated Habitat of the Blanding’s Turtle (Emydoidea blandingii), state-listed as Threated and Blue Spotted Salamander (Ambystoma laterale), state-listed as Special Concern. These species and their habitats are protected in accordance with the rare species provisions of the WPA and the MESA. 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.

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Page 1: Estimated Habitat NHESP comments... · 2019. 6. 19. · NHESP No. 19-38653, Haverhill, 6/19/2019, page 2 of 3 Please note that this determination addresses only the matter of rare

June 19, 2019 Carroll Gustafson 358 Main Street Groveland, MA 01834 Haverhill Conservation Commission City Hall, Room 300 4 Summer Street Haverhill, MA 01830 RE: Applicant: Carroll Gustafson Project Location: Lot 26 and Lot 26A Crystal Street South Essex Registry of Deeds: Book 6680 Page 441 Project Description: Two Single Family Residences DEP Wetlands File No: Unavailable (Lot 26); 033-1465 (Lot 26A) NHESP File No.: 19-38653 Dear Applicant and Commissioners: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans entitled “PLAN FOF LAND FOR 26 & 26A CRYSTAL STREET IN HAVERHILL, MASS.” (SHEET2 OF 2, dated 6/5/2019; prepared by Christiansen & Sergi, Inc.; the “Plan”) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.58(4)(b), 10.59). 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). As proposed, the project includes the construction of two single family residences, resulting in ± 69,500 square feet of disturbance on two lots totaling ±283,600 square feet. Based on a review of information that was submitted and the information that is contained in our database, the Division has determined that the proposed project is within the mapped Priority and Estimated Habitat of the Blanding’s Turtle (Emydoidea blandingii), state-listed as Threated and Blue Spotted Salamander (Ambystoma laterale), state-listed as Special Concern. These species and their habitats are protected in accordance with the rare species provisions of the WPA and the MESA. 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.

Page 2: Estimated Habitat NHESP comments... · 2019. 6. 19. · NHESP No. 19-38653, Haverhill, 6/19/2019, page 2 of 3 Please note that this determination addresses only the matter of rare

NHESP No. 19-38653, Haverhill, 6/19/2019, page 2 of 3

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. MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) The MESA is administered by the Division, and prohibits the Take of state-listed species. The Take of state-listed species is defined as “in reference to animals…harm…kill…disrupt the nesting, breeding, feeding or migratory activity…and in reference to plants…collect, pick, kill, transplant, cut or process…Disruption of nesting, breeding, feeding, or migratory activity may result from, but is not limited to, the modification, degradation, or destruction of Habitat” of state-listed species (321 CMR 10.02). 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 a prohibited “take” of state-listed species (321 CMR 10.18(2)(a)). The project must adhere to the following conditions:

1. Record Letter and Plan: Prior to the start of Work, the Applicant shall record this letter and the Plan in the Registry of Deeds or the Land Court for the district in which the Property is located so as to become a record part of the chain of title for the Property. Prior to the start of Work, the Applicant shall provide the Division with proof of said recordation.

2. Symbolic Fencing: Prior to the start of Work, symbolic fencing (e.g., colored flagging, snow fencing or similar) shall be erected around the limit of Work shown on the Plan and maintained throughout construction.

3. Prior to the start of Work, a Massachusetts Registered Land Surveyor shall certify to the Division,

in writing, that said symbolic fencing has been installed at the limit of Work shown on the Plan.

4. Turtle Protection Plan: Prior to any work, the Applicant shall submit a Turtle Protection Plan, prepared by a qualified biologist, to the Division for review and approval. Said Protection Plan must be approved in writing by the Division prior to the start of Work. Please note that a Scientific Collection Permit must be obtained from the NHESP to handle state-listed species. The Division is available to provide guidance on the development of the plan.

5. No additional work shall occur outside the limit of Work shown on the Plan unless otherwise approved in writing, in advance, by the Division.

6. Compliance Report: Within thirty (30) days of completing work, the Applicant shall file a brief

written report to the Division confirming that all work is complete and providing representative photos demonstrating compliance with the conditions herein.

Provided the above-noted conditions are fully implemented and there are no changes to the Plan, 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 Plan may require an additional filing with the Division

Page 3: Estimated Habitat NHESP comments... · 2019. 6. 19. · NHESP No. 19-38653, Haverhill, 6/19/2019, page 2 of 3 Please note that this determination addresses only the matter of rare
Page 4: Estimated Habitat NHESP comments... · 2019. 6. 19. · NHESP No. 19-38653, Haverhill, 6/19/2019, page 2 of 3 Please note that this determination addresses only the matter of rare

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PROPOSED

4-BEDROOM

HOUSE

TOP FND. = 526.5

GAR. FLR. = 525.7

BSMT. FLR. = 519.0

5

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8

W

W

500'

500'

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PROPOSED

4-BEDROOM

HOUSE

TOP FND. = 525.0

GAR. FLR. = 521.0

BSMT. FLR. = 517.5

SCALE: 1" = 50'

0 FT

SITE PLAN

5050100

CHRISTIANSEN & SERGI, INC.

STEPHEN SAWYER, P.E.

DWG. NO. 14053011

DATE: JUNE 5, 2019

PROFESSIONAL

ENGINEER

SHEET 2 OF 2

OWNER/APPLICANT:

PLAN FOF LAND

FOR

26 & 26A CRYSTAL STREET

IN

HAVERHILL, MASS.

CARROLL GUSTAFSON

358 MAIN STREET

GROVELAND, MA 01834

C

R

Y

S

T

A

L

S

T

R

E

E

T

LOT 26A

LOT 26

EDGE OF BORDER VEGETATED WETLANDS

100' WETLAND BUFFER

200' OFFSET FROM TRIBUTARY STREAM TO CRYSTAL LAKE

100' WETLAND BUFFER

EDGE OF BORDER VEGETATED WETLANDS

CENTERLINE OF TRIBUTARY STREAM TO CRYSTAL LAKE

500' OFFSET FROM CRYSTAL LAKE

LIMIT OF WORK

CHRISTIANSEN & SERGI, INC.

PROFESSIONAL ENGINEERS & LAND SURVEYORS

160 SUMMER ST. HAVERHILL, MA 01830 WWW.CSI-ENGR.COM

TEL. 978-373-0310 FAX. 978-372-3960 © COPYRIGHT 2016

AutoCAD SHX Text
W
AutoCAD SHX Text
525.5