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45-037 MESA violation Northampton_18-37998.pdf NOTICE OF NON-COMPLIANCE WITH THE MASSACHUSETTS ENDANGERED SPECIES ACT August 23, 2018 Donald and Ellen Miele 195 Royal Street Chicopee, MA 01020 RE: Subject: Unlicensed dock within Priority Habitat Project Location: 372 Old Springfield Road, Northampton NHESP File No.: 18-37998 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 an unlicensed dock on the Oxbow of the Connecticut River at 272 Old Springfield Road. The dock is within Priority and Estimated Habitat of Rare Species as indicated in the Massachusetts Natural Heritage Atlas (14th Edition). Pursuant to the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A) and its implementing regulations, a project filing must be submitted to the Division for all Projects and Activities located within Priority Habitat (321 CMR 10.18; certain exemptions may apply). The Division has no record of receiving a MESA filing for work at this project site. Therefore, work that occurred or is ongoing appears to be out of compliance with the MESA. Please note that violations of the MESA are subject to civil and criminal penalties as specified in 321 CMR 10.06. In order to address this matter, an “after-the-fact” MESA Project Review Checklist with associated information must be submitted to the Division. To obtain a MESA Project Review Checklist and additional information about the MESA review process, please visit our website: https://www.mass.gov/how-to/how- to-file-for-a-mesa-project-review Please note that the current edition of the Massachusetts Natural Heritage Atlas (14th Edition) is available online and paper maps are available at your local Conservation Commission or Planning Board office. Please contact our office ((508) 389-6357) to initiate a consultation to resolve this matter. Sincerely, Thomas W. French, Ph.D. Assistant Director cc: Northampton Conservation Commission