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NHESP Comment Commonwealth of Massachusetts Jack Buckley, Director www.mass.gov/nhesp Division of Fisheries and Wildlife Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 389-6300 Fax (508) 389-7890 An Agency of the Department of Fish and Game September 22, 2015 Northampton Conservation Commission City Hall 210 Main Street Room 11 Northampton MA 01060 Kim Urban 140 Riverbank Road Northampton MA 01060 RE: Applicant: Kim Urban Project Location: 140 Riverbank Road Project Description: Bank stabilization and removal of fallen trees DEP Wetlands File No.: 246-0687 NHESP File No.: 15-34028 Dear Commissioners & Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans entitled “SLOPE STABILIZATION 140 RIVERBANK ROAD NORTHAMPTON, MA” (prepared by New England Environmental, Inc. dated 8/13/2015, revised 8/28/2015) 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). 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. MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) 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. 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 NHESP No. 15-34028, page 2 of 2 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 Assistant, at (508) 389-6361. Sincerely, Thomas W. French, Ph.D. Assistant Director cc: MA DEP Western Region Meredith Borenstein, New England Environmental, Inc.