A00842-608634.pdf

PDF 957 KB Posted

Attached to
608634 DEERFIELD FAP No. BFL(BR-OFF)-0032(052)X Bridge Replacement, D-06-001, Upper Road over Deer
Solicitation number
BD-26-1030-0H100-0H002-130064
Issued by
Franklin County, Massachusetts

About this file

This is a Conditional No Take Letter issued by the Massachusetts Division of Fisheries & Wildlife (Natural Heritage & Endangered Species Program) in coordination with the Massachusetts Department of Transportation Highway Division for bridge replacement Project 608634, involving the replacement of the Upper Road Bridge over Deerfield River (Bridge D-06-001) in Deerfield, Massachusetts. The letter documents a Massachusetts Endangered Species Act (MESA) review determination that the proposed project will occur within the actual habitat of two state-listed species: Wood Turtle (Glyptemys insculpta, Endangered) and Giant St. John's-wort (Hypericum ascyron, Special Concern). The Division has determined that the project, as currently proposed, must be conditioned to avoid prohibited "Take" of these state-listed species. The letter is dated January 6, 2025, and was issued to Julia Hoogeboom of the Massachusetts Department of Transportation. No changes to the proposed project or additional work beyond that shown on site plans may proceed without additional filing with the Division, and no physical work may commence without adherence to specified conditions.

To avoid a prohibited Take of state-listed species, the applicant must submit a Wood Turtle Protection Plan to the Division for review and written approval prior to the start of any work, including vegetation clearing or soil disturbance. The Plan must detail procedures for protecting state-listed turtles during construction and be prepared and implemented by a qualified, Division-approved wildlife biologist. The Division-approved Plan shall be implemented as written, with any proposed changes requiring Division review and written approval prior to implementation. By December 31st of any year in which work occurs, the qualified biologist must submit a summary report to the Division detailing project status and compliance with the Plan, as well as any observations of state-listed turtles reported through the Division's website. This determination is final and addresses only state-listed species and their habitats; the project may be subject to further review if no physical work commences within five years from the issuance date or if the project changes.

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Text version

Massachusetts Department Of Transportation Highway Division Proposal No. 608634-134590

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DOCUMENT A00842

MASSACHUSETTS DIVISION OF

FISHERIES & WILDLIFE

CONDITIONAL NO TAKE LETTER –

NHESP FILE No. 23-6213

Massachusetts Department Of Transportation Highway Division

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*** THIS PAGE IS INTENTIONALLY LEFT BLANK ***

January 06, 2025

Julia Hoogeboom

10 park plaza

Boston, MA 02116

RE: Applicant: Julia Hoogeboom

Project Location: Upper Road Bridge over Deerfield River (Bridge D-06-001)

Project Description: 608634 - Deerfield Bridge Replacement, Upper Road over Deerfield River

NHESP File No.: 23-6213

Dear Applicant:

The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the

“Division”) received the MESA Project Review Checklist and supporting documentation for review pursuant to the

Massachusetts Endangered Species Act (MESA) (MGL c.131A) and its implementing regulations (321 CMR 10.00).

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 the following species:

Scientific Name Common Name Taxonomic Group State Status

Special ConcernReptileWood TurtleGlyptemys insculpta

EndangeredPlantGiant St. John's-wortHypericum ascyron

These species and their habitats are protected in accordance with the MESA.

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 to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the conditions attached to this

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23-6213NHESP No. Page 2 of 3 Issued January 06, 2025 letter must be met.

Provided the attached 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 Melany Cheeseman, Endangered Species Review Assistant, at

Melany.Cheeseman@mass.gov, (508) 389-6357.

Sincerely, Jesse Leddick

Assistant Director cc: david paulson, Massachusetts Department of Transportation

Julia Hoogeboom, Massachusetts Department of Transportation

Attachment: List of Conditions

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23-6213NHESP No. Page 3 of 3 Issued January 06, 2025

List of Conditions

Applicant: Julia Hoogeboom

Project Location: Upper Road Bridge over Deerfield River (Bridge D-06-001)

Project Description: 608634 - Deerfield Bridge Replacement, Upper Road over Deerfield River

NHESP File No.: 23-6213

Heritage Hub Form ID: RC-90690

Approved Plan: Deerfield Upper Road Over Deerfield River

Plan date: 10/24/24 Revised Date: N/A

To avoid a prohibited Take of state-listed species, the following condition(s) must be met:

1. Turtle Protection Plan: Prior to the start of work (including vegetation clearing or soil disturbance), the

Applicant shall submit a Wood Turtle Protection Plan to the Division for review and written approval. Said Plan shall detail procedures for protecting state-listed turtles during construction, and be prepared and implemented by a qualified, Division-approved wildlife biologist. The Division is available for consultation on Plan development and can provide contact information for qualified biologists. The Division-approved Plan shall be implemented as written; any proposed changes to the Plan must be submitted to the Division for review and written approval prior to implementation of said changes. By December 31st of any year in which work occurs, the qualified biologist shall submit: a) a summary report to the Division detailing project status and compliance with the Plan; and b) any observations of state-listed turtles at https://www.mass.gov/how-to/report-rare-species-vernal-pool-observations.

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A00842 -1 MAFWS No Take Letter
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