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Beaver Brook Greenway-NHESP Comments-bird blind and maintenance-2016 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 July 28, 2016 Northampton Conservation Commission City Hall 210 Main Street Room 11 Northampton MA 01060 Robert Zimmerman Broad Brook Coalition 549 North Farms Road Florence MA 01062 RE: Applicant: Broad Brook Coalition & Leeds Civic Association Project Location: Beaver Brook/Broad Brook off Route 9 Project Description: Trail Installation, Wildlife Viewing Blind, Gravel Parking, Invasive Species Control DEP Wetlands File No.: 246-0695 NHESP Tracking No.: 11-29084 Dear Commissioners & Applicant: The applicant listed above has submitted a Notice of Intent with project description 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 ). 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) Based on a review of the information that was provided, the Division has determined that the proposed activities are approved as a habitat management plan, provided the following condition is met:  As proposed, all brush hogging/mowing is to occur only between November 1 and April 30, of any year, unless otherwise approved by the Division. NHESP No. 11-29084, page 2 of 2 Therefore, the proposed activities are exempt from MESA review pursuant to 321 CMR 10.14 which states: “[t]he following Projects and Activities shall be exempt from the requirements of 321 CMR 10.18 through 10.23…”. (15) The active management of State-listed Species habitat, including but not limited to mowing, cutting, burning, or pruning of vegetation, or removing exotic or invasive species, for the purpose of maintaining or enhancing the habitat for the benefit of rare species, provided that the management is carried out in accordance with a habitat management plan approved in writing by the Division” 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. 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 Lauren Glorioso, Endangered Species Review Biologist, at (508) 389-6361. Sincerely, Thomas W. French, Ph.D. Assistant Director cc: MA DEP Western Region Sarah LaValley, Northampton Conservation Commission