06-048 Northampton_22-41312.pdf
NOTICE OF NON-COMPLIANCE WITH THE MASSACHUSETTS ENDANGERED SPECIES ACT
August 30, 2022
Chris Duval - Equinox Partners
c/o Dots Golf
183 Main Street
Haydenville MA 01039
RE: Subject: Unauthorized mowing in Priority Habitat
Project Location: off Haydenville Road, Northampton
NHESP File No.: 22-41312
To Whom it May Concern:
The Natural Heritage and Endangered Species Program (NHESP) of the Massachusetts Division of
Fisheries and Wildlife (the “Division”) has been made aware of unauthorized mowing that occurred
along Haydenville Road within the riverfront area of Beaver Brook.
This work occurred within the mapped Priority and Estimated Habitat of Rare Species (321 CMR 10.18), as
indicated in the Massachusetts Natural Heritage Atlas (15th Edition; https://www.mass.gov/service-
details/regulatory-maps-priority-estimated-habitats). Pursuant to the Massachusetts Endangered Species
Act (MESA) and its implementing regulations, a MESA project filing must be submitted to the Division for
all Projects and Activities located within Priority Habitat. For work subject to the MA Wetlands Protection
Act and located within Estimated Habitat, a copy of the Notice of Intent must be submitted to the Division
to determine if the project will adversely affect the actual Resource Area habitat of state-protected wildlife
(310 CMR 10.37, 10.58(4)(b) & 10.59).
The Division responded to a filing for replacement of the driveway bridge on this parcel (for the home at
595 Haydenville Road, NHESP 20-39661) in April and September of 2021. A determination letter was
issued to the applicant and Equinox Partners (as the property owner) for the bridge replacement. The
determination conditioned the project with a time of year restriction or required a turtle protection plan
for work during the turtle active season (April 15- November 1). The filing to replace the driveway bridge
did not authorize any mowing on the parcel. The Division has no record of a MESA filing for mowing or
clearing work at this site. The mowing occurred during the restricted time of year with no approved rare
species protection plan. Therefore, work that occurred may constitute 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.
All unpermitted activities must cease on the property until the project is in compliance with the MESA.
To bring the project back into compliance with the MESA the Division requests the following information
by October 1, 2022 for review pursuant to the MESA (321 CMR 10.00):
MESA Notice of Non-compliance, Page 2 of 2
1. An after-the-fact MESA project checklist and filing fee must be submitted. A downloadable MESA
checklist and information on filing is available on our website: https://www.mass.gov/how-
to/how-to-file-for-a-mesa-project-review
2. The project narrative submitted with the MESA checklist shall describe the unpermitted work,
including a time table of when work occurred, acreage of alteration within areas mapped as
Priority Habitat, the purpose of the work, any future proposed work including planned annual
mowing, and any other pertinent information for the Division to better understand both the
unpermitted work that occurred and any additional proposed work on the property associated
with the project.
If you have any questions about this notice or feel it was issued in error, please contact Melany
Cheeseman at melany.cheeseman@mass.gov.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: Northampton Conservation Commission