3/16/2017

1

Wildlife Habitat Assessments:

How Commissions Can Evaluate

Potential Impacts to Wildlife

P. Chase Bernier, CWB

BSC Worcester

March 3, 2017

Topics Covered

What is Wildlife Habitat and Why is it Important?

When is a Wildlife Habitat Evaluation (WHE) Required?

Requirements of a WHE

Simplified & Detailed WHEs

Key Considerations and Tools for Commissions

Examples & Case Studies

What is Wildlife Habitat?

“Those areas subject to (M.G.L. c. 131 § 40) which due

to their plant community composition and structure,

hydrologic regime or other characteristics, provide

important food, shelter, migratory or wintering areas, or

breeding areas for wildlife” - Mass WPA

What is Wildlife Habitat?

“The places where the wild animals live outside”

- Julie

3/16/2017

2

Why is Wildlife Habitat Important?

Provides vital

functions for wildlife

Conservation and

biodiversity

Environmental health

Economic value

Why is Wildlife Habitat Important?

Listed under protected interests under WPA

– 1986: MA Legislature adds “wildlife habitat” to

protected interests

– 1987: DEP revises regulations to include habitat as

protected interest and adopts standards and

procedures to protect important habitat

– 1996: Rivers and Harbors Act further protects wildlife

habitat

– 2006: DEP issues guidance for inland wetlands

Why is Wildlife Habitat Important?

The presumption of significance

– “The presence of characteristics providing

important wildlife habitat functions”

Geographic jurisdiction of Commissions/DEP is

NOT increased

Wildlife habitat is important for all resources

areas; but, WHEs only applicable to inland

resources

“Not all habitats are created equal”

When is a WHE Required?

Resources with Thresholds– Bank

• 10% of length on a single lot or 50 lf• No WHE =

Below threshold Stream crossings IF Mass Stream Crossing

Standards and flood protection structures constructed before 1.Nov.87 or via NOI prior to 1.Apr.83

• App A (Simplified) = > threshold• App B (Detailed) = Depends on App A

3/16/2017

3

When is a WHE Required?

Resources with Thresholds

– LUWW• 10% of land in resource area in a

single lot or 5,000 sf• No WHE = Below threshold• App A (Simplified) = > threshold• App B (Detailed) = Depends on

App A

When is a WHE Required?

Resources with Thresholds

– BLSF • 10% of land in resource area or 5,000 sf• No WHE = Below threshold• App A (Simplified) = > threshold• App B (Detailed) = Depends on App A OR impacts to VP

Presumption of significance applies to the 10-year floodplain or 100-

ft of Bank or BVW (whichever is further from resource area)*

*excluding vernal pools

When is a WHE Required?

Resources without Thresholds

– BVW• No WHE = NEVER• App A (Simplified) = <5,000 sf• App B (Detailed) = > 5,000 sf,

depends on App A, VP, or Habitat of Potential Regional or Statewide Importance (HPRSI)

When is a WHE Required?

Resources without Thresholds

– ILSF• No WHE = Doesn’t meet

definition of ILSF OR no VP• App A (Simplified) = Never• App B (Detailed) = Meets

definition of ILSF AND VP

3/16/2017

4

When is a WHE Required?

Resources without Thresholds

– Riverfront Area• No WHE =

Undeveloped, <5k sf IF no impairment of habitat, not VP, AND not HPRSI

Construction of single family home, septic (IF no sewer available), and driveways IF lot recorded before 7 Aug 1997, size/shape of lot prevents alternatives, AND meets performance standards

Previously developed or Grandfathered / Exempted

• App. A (Simplified) = Undeveloped, >5k sf AND not VP or HPRSI

• App B (Detailed) = >5k sf, rare species, VP, OR HPRSI

When is a WHE Required?

Limited Projects

– WHEs may be required at the discretion of the

issuing authority

– Depends on: Magnitude of impact

Significance of site

Availability of reasonable alternatives

Avoidance, minimization, and mitigation of impacts

When is a WHE Required?

Vernal Pools

– Confined basin depression

– Holds water during most years for at least 2 months in

Spring/Summer

– Free of adult fish populations

– Includes adjacent habitat w/in 100-ft of mean annual

boundaries as long as area is subject to jurisdictional

protection

• Does NOT extend into non-jurisdictional upland or Buffer Zone

When is a WHE Required?

3/16/2017

5

When is a WHE Required? When is a WHE Required?

Vernal Pools Cont.

– May be certified prior to filing NOI, OR

– Documented evidence may be presented during

review process

• Must be sufficient to support certification by MassDFW

– VPs in BLSF severely altered so important functions

are eliminated likely not significant IF lawfully

existing on 1 Nov 1987 and maintained as such

– All impacts require a Detailed WHE

When is a WHE Required?

Buffer Zone

– Activities impacting wildlife habitat in BZ do not

trigger a WHE; BUT…

– Are subject to regulation when impacts will alter

jurisdictional area in the judgement of Commission

– Extensive work w/in inner 50-ft of BZ considered

likely to alter resource areas• Veg clearing, soil disturbance

• Impacts that will alter soil composition, topography, hydrology, temp, and light exposure.

Is a WHE Required?

An existing Town road needs to be widened.

Construction will impact 3,500 sf of BVW.

Construction of a new single family home in

Riverfront Area on a lot that was established in 1998.

No other resource areas are present.

Bioengineered stabilization of 40 lf of Bank on a single

lot that contains 250 lf of Bank on the eastern portion

of an intermittent stream.

3/16/2017

6

Habitat of Potential Regional or Statewide

Importance

http://www.umass.edu/landeco/research/caps/data/dep/dep.html

Biomap 2

http://maps.massgis.state.ma.us/dfg/biomap2.htm

Requirements of a WHE

Completed by a qualified individual – 310 CMR

10.60(1)(b)

– At least a Master’s in wildlife biology or ecological

science, OR

– At least 2 years completing WHEs

Completed Simplified/Detailed WHE Forms

– Each impact area needs a form

– Not a one size fits all requirement

Requirements of a WHE

Written Project Narrative

– Project description, purpose and

need

– Existing conditions

• Resource areas and adjacent habitats

• Important wildlife habitat features and functions

• Observed wildlife

• Quantitative and qualitative

3/16/2017

7

Requirements of a WHE

Written Project Narrative cont.

– Impact Areas

• Describe each individual area

• Where is it located?

• Why is being impacted?

• What important feature or function will be impacted?

• Is it being mitigated?

Requirements of a WHE

Photos

– Each impact area

– Important wildlife habitat functions

Map or Sketch

– Overlain on a current aerial photo is preferred

– Identify impact areas and important wildlife

features/functions

Key Considerations for Commissions

No seasonal requirement

Project Evaluation Area

Is a Detailed WHE warranted?

Is there sufficient information presented?

Impact areas

– Temporary, Permanent, Secondary, and Cumulative

• Thresholds may only be applied once

Key Considerations for Commissions

Determination of No Adverse Impact

– All projects requiring WHEs must have no adverse

effect on wildlife habitat

• Applicant’s responsibility to certify

• Commissions responsibility to determine

– Adverse effect: The alteration of any wildlife habitat

characteristic that will substantially reduce its capacity

to provide important functions

– Impacts to wildlife habitat along are not “adverse”

3/16/2017

8

Key Considerations for Commissions

Rare Species

– Projects within Estimated Habitat for Rare Species are

under the jurisdiction of NHESP

– Impacts to rare species habitat must be reviewed by

NHESP

• Only NHESP can determine if a project will result in adverse impacts to a protected species.

• If NHESP determines a project will not impact rare species, Commissions cannot assume otherwise.

Simplified Wildlife Habitat Evaluations

4-toed salamanders delisted in

2006

Removal of beaver lodges and

dams may require additional

permitting

“When not commonly

encountered in surrounding

area”

Requires Detailed WHE

Example Project

As part of an expansion and improvement project

requiring an NOI, a church proposes to pave their dirt

parking lot that is within 50 ft of a certified vernal pool

that is located within BLSF. No work will occur within

BLSF.

– Does paving the parking lot require a WHE?

Example Project

3/16/2017

9

Example Project

An electrical utility proposes a 10-mile project that will

replace multiple structures and will require impacting:

– BVWs 7,500 sf

– 100-ft Buffer Zone 23,000 sf

– Banks 70 lf

– Riverfront Area 10,000 sf

– Habs. of Pot. Reg. or State Imp. 2,500 sf

Exempt (310 CMR 10.02(2)(a)2.)

Detailed Wildlife Habitat Evaluations

Detailed Wildlife Habitat Evaluations

Part 1 – Summary info

Part 2 – Detailed Field Data Form

– Site description

– Important habitat features

– Landscape content

– Habitat degradation

– Quantification table

Detailed Wildlife Habitat Evaluations

Part 3a – Plan depicting impact areas and habitat

features

Part 3b – Site Photographs

Part 4 – Reducing alterations

Part 5 – Adverse effect analysis and certification

3/16/2017

10

Case Study 1

Submitted materials:

– Simplified WHE

– Detailed WHE

– Project Narrative

– Photos (5 total)

– Aerial photo & Plan sketch

Case Study 1

Details from Project Narrative

– WHE required because of impacts to VPs

– Impact Areas located within BVW and Riverfront Area

• Total impact = 1,641 sf in 2 Impact Areas

• Total project area = 16 ac of a 155 ac site

– Site includes existing buildings, athletic fields, and undeveloped forest w/

trails

– Wetland resources on-site support lots of wildlife

– Project will include construction of a large new building, improvements to an

existing building, and construction of a track/field complex

Case Study 1

Details MISSING from Project Narrative

– Impacts are resultant from what activity?

– Were any sign wildlife observed?

– Will the impacts to VP habitat be mitigated as part of

the wetland mitigation area?

– What is the size of the existing VP?

– What existing habitat constitutes the VP 100-ft Buffer

Zone habitat.

• What is the post-construction change?

Detailed WHE – “Case” Study

3/16/2017

11

Detailed WHE – “Case” Study “Case” Study 1

“Case” Study 1 “Case” Study 1

3/16/2017

12

“Case” Study 1 Case Study 1

Is sufficient information presented?

What other kinds of information are needed or

would be helpful?

Will the impacts substantially reduce the capacity to

provide important wildlife habitat functions?

Has adequate mitigation been proposed?

How this project be Conditioned?

Case Study 2

Submitted materials:

– Detailed WHE

– Project Narrative

– Photos (12 total)

Details from Project Narrative

– Project proposes to realign a heavily travelled road

– Impacts include Riverfront (redevelopment), BVW, Banks• 89,533 sf of BVW / 684 lf of Bank

Case Study 2

Details from Project Narrative Cont.

– Field survey occurred Feb, Mar, and Sep

– Site consists of commercial and residential development

• Heavily impacted, fragmented, etc.

– Detailed descriptions of BVWs, mitigation area, rare

species, and resources evaluated under a Detailed WHE

– Rare species habitat is present

3/16/2017

13

Case Study 2

Details MISSING from Project Narrative Cont.

– Where does each Impact Area occur?

– How much of each jurisdictional resource will be altered/lost?

– What wildlife habitat functions will be impacted?

– Are the impacts temporary/permanent?

– Secondary/cumulative impacts?

– What spp. are already utilizing the areas?

– Are any of the impacted areas also within rare species habitat?

Case Study 2

Case Study 2 Case Study 2

3/16/2017

14

Case Study 2 Case Study 2

Is sufficient information presented?

What other kinds of information are needed or

would be helpful?

Will the impacts substantially reduce the capacity to

provide important wildlife habitat functions?

Has adequate mitigation been proposed?

How this project be Conditioned?

Tools for Commissions

WHE Guidance:

– http://www.mass.gov/eea/agencies/massdep/water/watersheds/massachusetts-wildlife-habitat-

protection-guidance-for-inland-wetlands.html

Habitats of Potential Regional or Statewide Importance:

– http://www.umass.edu/landeco/research/caps/data/dep/dep.html

BioMap2:

– http://maps.massgis.state.ma.us/dfg/biomap2.htm

OLIVER:

– http://maps.massgis.state.ma.us/map_ol/oliver.php

WebSoil Survey:

– https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm

Tools for Commissions

Hire a 3rd Party Consultant

Continue Hearing until Add’l Info

Provided

Condition the OOC

Deny the Permit

3/16/2017

15

Recommendations for Commissions

Considerations for Quality Conditions for

WHEs

– Specify specific wildlife habitat functions to be

replaced

– Plant native species appropriate for site

– Invasive species control

– Wildlife passage disruption by walls or fencing

Recommendations for Commissions

Considerations for Quality Conditions

for WHEs

– Stormwater discharge into

important wildlife habitat

– Construct replacement areas to

replicate natural conditions

– Diadromous fish runs

Recommendations for Commissions

Conditions for WHEs Cont.

– Prohibit nylon netting or mesh

E&S controls

– Require certification by a

professional organization.

– Maintenance plans for water level

control devices

– Prohibit work in VPs between 1

March and 1 May.

Recommendations for Commissions

Conditions for WHEsCont.

– Facilitate fish and wildlife

passage with culverts and

crossings

– Wildlife crossings

– Maintenance plans for water

level control devices

3/16/2017

16

Recommendations for Commissions

“Comprehensive wildlife habitat protection must be

incorporated within a regulatory framework and supplemented

by practical consideration. Sound judgement is needed to

determine when an alteration to wildlife habitat will substantially

reduce the capacity to provide important wildlife habitat

functions. The challenge is in determining what is important,

assessing the nature and scope of impact, ensuring there is no

adverse impact on important wildlife habitat and functions, and

conditioning projects accordingly”

Recommendations for Commissions

Certify your vernal pools!

– CVPs are afforded more protections under

WPA

– Anybody can submit data to VPRS

Reporting System

Enact a sensible local bylaw and regulations

– Consider VPs, isolated wetlands, important

wildlife habitat function

– Buffers and WPA exemptions

Recommendations for Commissions

Require a professional

certification for WHEs

– CWB, PWS, CE, CPSS, etc.

– Ask for qualification

Utilize third-party independent

reviewers

Go out and get your boots dirty

– Visit the site for yourself; ask

questions in the field

Recommendations for Commissions

Consider creative ways to mitigate adverse impacts

– Alternative building materials

– Wildlife passage (e.g., culverts, tunnels, etc.)

– Habitat features (e.g., LWD, rock piles, etc.)

Develop quality Conditions for OOCs

– Do not rely on a one size fits all mentality

– Adapt standard Conditions to suite the project / site

3/16/2017

17

Questions?

P. Chase Bernier, CWB

BSC Group

33 Waldo St

Worcester, MA 06108

617.896.4528

cbernier@bscgroup.com