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Northampton_21-40394.pdf Notice of Non-Compliance with the Massachusetts Endangered Species Act August 27, 2021 John Citro PO Box 702 Goshen, MA 01032 RE: Project Location: Riverbank Road Project Description: Removal of vegetation along the banks and riverfront of the Connecticut River Town: Northampton NHESP Tracking No.: 21-40394 Dear Mr. Citro: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) is in receipt of a copy of the Wetlands Protection Act Enforcement Order (“EO”) dated July 27, 2021 that describes unpermitted vegetation cutting along the banks and riverfront area of the Connecticut River (the “Unpermitted Project”) that has and or is currently being conducted on the above-referenced site. This Unpermitted Project is located within mapped Priority and Estimated Habitat of Rare Species, as indicated in the Massachusetts Natural Heritage Atlas (15th Edition). State-listed species and their habitats are protected pursuant to the Massachusetts Endangered Species Act (MESA) (M.G.L. c.131A) and its implementing regulations (321 CMR 10.00); state-listed wetland wildlife species and their habitats are also protected pursuant to the Wetlands Protection Act (WPA). Pursuant to the MESA and its implementing regulations, a project filing must be submitted to the Division for all projects or activities proposed within Priority Habitat prior to conducting said project or activity (321 CMR 10.18). The purpose of the Division’s review under the MESA is to determine whether a Take of state-listed species will result from the proposed project or activity. For work located within Estimated Habitat and subject to the MA Wetlands Protection Act (WPA), a project filing must be submitted to the Division to determine if the proposed project or activity will adversely affect the actual Resource Area habitat of state-protected wildlife species (310 CMR 10.37, 10.58(4)(b), 10.59). The MESA prohibits the Take of state-listed species, which includes actions that “in reference to animals, means to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct… 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 wildlife species” (321 CMR 10.02). Northampton, NHESP 21-40394, Page 2 of 2 The Division has no record of a MESA project filing for the Project. Therefore, the Unpermitted Project constitutes a violation of the MESA. Please note that violations of the MESA are subject to civil and criminal penalties as specified in 321 CMR 10.06. The Project may also constitute a violation of the WPA if any portion(s) of the work occurred in wetland resource areas jurisdictional under the WPA. Any on-going work or activities associated with the Unpermitted Project must cease immediately. No additional alteration of land, soil, or vegetation alteration activities may occur without compliance with the MESA. Unless otherwise approved by the Division, the following information must be submitted to the Division by September 15, 2021 for review pursuant to the MESA: 1. A project narrative and map(s) describing all the work and activities conducted within mapped Priority Habitat. The narrative must include the acreage of alteration, the nature and purpose of the work, a timetable of when the work occurred, and any other pertinent information for the Division to understand the Unpermitted Project. The map(s) must show the limits of work associated with the Unpermitted Project and depict prior habitat conditions within areas of alteration. 2. As required by the Conservation Commission’s EO, the Division must review and approve of the draft restoration plan. The draft plan prepared by a qualified consultant to fully restore the impacted area. The plan must detail plantings and other work necessary to restore the impacted area. The plan must include the plantings (species, number, size), planting methodology, and work plan. The Division concurs with the requirements of the EO that the Applicant (a) implemented the restoration plan by September 30, 2021, and (b) that an environmental consultation to monitor the ‘restoration area’ for a period of at least two (2) consecutive growing seasons beginning on the first full growing season after construction. Please note that violations of the MESA are subject to civil and criminal penalties as specified in 321 CMR 10.06. No work including soil or vegetation alterations shall be conducted within Priority Habitat, unless otherwise exempt, until a formal filing has been submitted and the Division has completed its review. If you have any questions concerning this notice or believe it was issued in error, please contact Misty-Anne Marold, Senior Endangered Species Review Biologist, at (508) 389-6356 or misty-anne.marold@mass.gov Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: Northampton Conservation Commission