NHESP Comments EversourceMidCape_11-29140_9.23.2022
September 23, 2022
Matthew Devlin
Eversource Energy
247 Station Drive
Westwood MA 02090
RE: Applicant: Eversource Energy
Project Location: Right-of-Way 342 – Bourne Switching Station to West Barnstable
Substation (Bourne, Sandwich, Barnstable)
Project Description: Construction of a 12.5-mi transmission line and relocation of existing
distribution line within ROW 342
NHESP File No.: 11-29140
Dear Mr. Devlin:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife
(the “Division”) received the MESA Project Review Checklist, site plans (Mid Cape Reliability Project,
Transmission and Distribution Line Permitting Map Set, dated 8/19/2022) and other required materials
for review pursuant to the Massachusetts Endangered Species Act (MESA) (MGL c.131A) and its
implementing regulations (321 CMR 10.00). The project includes ±0.19ac of tree removal adjacent to the
Bourne Switching Station, relocation of existing distribution lines within the ROW, creating “bump outs”
of the existing access roads to accommodate the proposed new transmission poles, and temporary pull
pad areas. The Applicant has conducted botanical surveys and ongoing Eastern Box Turtle surveys on
ROW 342, in order to refine impacts and avoidance measures. The Division notes that Eversource has
minimized permanent habitat impacts
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).
The Division has determined that this Project, as currently proposed, will occur within the actual habitat
of a suite of state-listed lepidoptera species and the state-listed species listed below. These species and
their habitats are protected in accordance with the MESA.
Scientific Name Common Name Taxonomic Group Status
Anstromus vociferous Eastern Whip-poor-will Bird Special Concern
Circus hudsonius Northern Harrier Bird Threatened
Dichanthelium scabrusculum Rough Panic-grass Plant Threatened
Liatris novae-agliae New England Blazing Star Plant Special Concern
NHESP No. 11-29140, Mid Cape Reliability Project, Page 2
Terrapene carolina Eastern Box Turtle Reptile Special Concern
Based on the information provided and the information contained in our database, the Division finds that
a portion of this project, as currently proposed, will not result in a Take of Eastern Whip-poor-will,
Northern Harrier, Rough Panic-grass, and state-listed lepidoptera species
Based on the information provided and the information contained in our database, the Division finds that
a portion of this project, as currently proposed, must be conditioned in order to avoid a prohibited Take
of Eastern Box Turtle and New England Blazing Star (321 CMR 10.18(2)(a)). To avoid a prohibited Take of
state-listed species, the following conditions must be met:
1. Turtle Protection Plan: A Division-approved qualified biologist shall implement the Eastern Box
Turtle Protection Plan (dated 8/26/2022). Any changes to this Plan must be pre-approved by the
Division in writing.
2. Plant Avoidance: Prior to the initiation of work or as otherwise approved by the Division, a
qualified Division-approved botanist shall submit written confirmation to the Division that
temporary symbolic flagging has been installed at the Rare Plant Avoidance Areas as shown on
the site plans. Said symbolic fencing shall be maintained throughout construction.
3. Use of native species: All plants and seed mixes shall be composed of Little Bluestem
(Schizachyrium scoparium) and/or species native to Nantucket County and Massachusetts in
accordance to The Vascular Plants of Massachusetts: A County Checklist First Revision (Dow
Cullina, M, B Connolly, B Sorrie, and P Somers. 2011. MA NHESP DFW). Available from
Massachusetts state archive:
http://archives.lib.state.ma.us/bitstream/handle/2452/120973/ocn747431427.pdf?sequence=1
4. Compliance Report: Within thirty (30) days of completion of work the Applicant shall submit a
brief written report, including photographs showing previous and final conditions, and
demonstrating compliance.
Provided the above-noted conditions are fully implemented and there are no changes to the project plans,
this project will not result in a Take of state-listed species. We note that all work is subject to the anti-
segmentation provisions (321 CMR 10.16) of the MESA. 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.
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 Lauren Glorioso, Endangered Species Review
Biologist, at 508-389-6361 or lauren.glorioso@mass.gov.
NHESP No. 11-29140, Mid Cape Reliability Project, Page 3
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: Mike Howard, Epsilon Associates
Michelle Ford, Eversource Energy