NHESP Letter Barnstable_22-41476
December 15, 2022
Judith Allen
520 W 110th Street Apt 7C
New York, NY 10025
Barnstable Conservation Commission
200 Main Street
Barnstable, MA 02601
Project Location: 332 Wheeler Road, Middle Pond
Project Description: Replace access stairs to Middle Pond, construct a pier 40 feet
long with 1 additional 10 ft long section placed parallel to the
last section.
DEP File No.: 003-6048
NHESP Tracking No.: 22-41476
Dear Commissioners and Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the
“Division”) received a Notice of Intent (NOI) with plans entitled SITE PLAN PROPOSED PIER/SOUNDINGS PLAN
AT 332 WHEELER ROAD BARNSTABLE (MARSTON MILLS) MASS. (dated November 9, 2022, no revisions;
prepared by Sullivan Engineering and Consulting, Inc., sheet 1 of 1) 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 Review Checklist and supporting documentation for review pursuant to the MA Endangered Species
Act Regulations (321 CMR 10).
Based on a review of the information provided and the information currently contained in our database, the
proposed Project is located within mapped Priority and Estimated Habitat for the following state-listed species,
as indicated in the Massachusetts Natural Heritage Atlas (14th Edition):
Scientific Name Common Name State Status Taxonomic Group
Ligumia nasuta Eastern Pondmussel Special Concern Invertebrate Animal: Mussel
Leptodea ochracea Tidewater mucket Special Concern Invertebrate Animal: Mussel
These species and their habitats are protected pursuant to the MESA and the rare species provisions of the
WPA. Fact sheets for these species can be found on our website, www.mass.gov/nhesp.
Barnstable, NHESP 22-41476, Page 2 of 3
MA WETLANDS PROTECTION ACT (310 CMR 10.59, 10.58(4)(B)) AND MA ENDANGERED SPECIES ACT (321 CMR 10.00)
Based on the information provided and the information contained in our database, it is the opinion of the
Division that a portion of this project, as currently proposed, must be conditioned in order to avoid adverse
effects to the Resource Area Habitats of state-listed wildlife species (310 CMR 10.59) and must be conditioned
in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). The following conditions
must be met:
1. Mussel Protection. Prior to the first installation of the dock and any work within Land Under Water and
Waterbodies or Bank, a one-time mussel sweep shall be conducted immediately prior to the work. The
purpose of the sweep is for a qualified biologist to search the area of the dock, footing and vicinity for
mussels and translocate them outside of area subject to alteration.
a) The Division must pre-approve the candidate biologist(s) prior to any Work subject to this
condition. The ability to locate and identify state-listed mussels requires significant experience
with the target mussel species. The resume/curriculum vitae of the candidate biologist,
demonstrating extensive experience locating state-listed mussels, shall be sent to the Division for
written pre-approval.
b) In order to handle state-listed species, the biologist must obtain a Commercial Scientific
Collection Permit for this project site prior to conducting mussel sweeps. Commercial Scientific
Collection Permit Application & filing fee information can be found at:
https://www.mass.gov/doc/commercial-scientific-collection-permit-application/download
c) Survey and relocation of mussels shall only occur between June 1 and October 1 and must occur
immediately prior to Work.
d) The survey is only required once immediately prior to the work. No further mussel surveys are
required for use of the dock.
2. Notice, Wetland Protection Act filings. When filing for any Notice of Intent, Request for
Determination of Applicability or associated renewal, extension, or amendment of the WPA Orders of
Conditions the Applicant shall contact the Division for written response regarding impacts to
Resource Area habitat of state-listed wildlife. A renewal, extension or amendment of Order of
Conditions does not renew, extend or amend the MESA authorization.
3. Authorization Duration. This authorization for installation is valid for 5 years from the date of
issuance of this letter.
4. Compliance Report. Within thirty (30) days of the completion of Work within Priority Habitat, the
Applicant shall file a written project report including the dates of all Work activities and post-
construction photographs.
Provided the above-noted conditions are fully implemented and there are no changes to the project plan, this
project will not result in an adverse effect to the actual Resource Area (310 CMR 10.59) or a Take of state-listed
species. 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.
Barnstable, NHESP 22-41476, Page 3 of 3
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, Misty-Anne Marold, Senior Endangered Species Review
Biologist, at (508)-389-6356.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: Charles Rowland, Sullivan Engineering & Consulting, Inc.
MA DEP Southeast Region