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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
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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
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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
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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?
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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.
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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
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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”
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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
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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
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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
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Detailed WHE – “Case” Study “Case” Study 1
“Case” Study 1 “Case” Study 1
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“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
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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
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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
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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
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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
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Questions?
P. Chase Bernier, CWB
BSC Group
33 Waldo St
Worcester, MA 06108
617.896.4528