NHESP letter Barnstable_22-41392
October 28, 2022
Barnstable Conservation Commission
200 Main Street
Barnstable MA 02601
Herlihy Family Limited Partnership
103 Blantyre Avenue
Barnstable, MA 02632
RE: Applicant: Herlihy Family Limited Partnership
Project Location: 103 Blantyre Ave
Project Description: Permit existing shed, proposed fencing, pond wall repairs and invasive
species management/restoration
DEP Wetlands File No.: 003-6040
NHESP Tracking No.: 22-41392
Dear Commissioners & Applicant:
The applicant listed above has submitted a Notice of Intent with site plans (“Restoration Plan” dated
8/16/2022 and “Site Plan Proposed Improvements” dated August 9, 2021) to the Natural Heritage &
Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”), in
compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act
Regulations (310 CMR 10.59).
MA 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.
MA ENDANGERED SPECIES ACT (MESA)
Pond/Retaining Wall Maintenance, Other Infrastructure Additions and Improvements
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 result in a
prohibited Take of state-listed rare species.
NHESP No.22-41392, Page 2
Land Management Plan
The Division hereby approves the submitted land management plan, dated August 30, 2022, and
associated Restoration Plan dated August 16, 2022, provided the following conditions are met:
A. All plants, plugs, and seed mix applied within Priority Habitat shall be composed of species
native to the county in accordance with 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 Library). The Division notes that the following plants
are not currently listed as native to the county: Leucothoe axillaris, Tiarella cordifolia, and
Echinacea purpurea.
• Vascular Plant County Checklist: http://archives.lib.state.ma.us
B. All plants, plugs, and seed mix applied within Priority Habitat shall exclude all state- and watch-
listed plants. The Division does not approve of the planting of state-listed species, including but
not limited to Lobelia siphilitica, Agastache foeniculum, Eurybia spectabilis, and Penstemon
digitalis, even if the plant material is sourced outside of Massachusetts.
• MESA List: https://www.mass.gov/info-details/list-of-endangered-threatened-
and-special-concern-species#plants
• Watch List: https://www.mass.gov/service-details/plant-watch-list
Any changes to the proposed project or any additional work beyond that provided may require a filing
with the Division pursuant to the MESA regulations. The Land Management Plan approval is valid for five
(5) years from the date of issuance.
Please note that this determination addresses only the matter of state-listed species and their habitats.
If you have any questions about this letter, please contact Alexandra Echandi, Endangered Species
Review Biologist, at (508) 389-6354.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: MA DEP Southeast Region
Sullivan Engineering and Consulting