Diamondback Terrapin Protection Plan for Lieutenant Island Road Work

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Diamondback Terrapin Protection Plan for Lieutenant Island Road Work Cape Cod Consultants (NHESP #08-24569) July 10 th, 2009 Essential Lieutenant Island Road Work between 20 July and 20 August (D Street from Pond Ave to Meadow Ave West [at Triangle Leading to 5 th Street]) Routine road work on Lieutenant Island will normally occur between 16 October and 31 May each year to avoid potential disturbance to state-listed diamondback terrapin activity on the island. Special conditions, such as those that occurred this spring, create a need for essential road repair during the summer within the 20 July to 20 August window from the end of terrapin nesting until the beginning of hatchling emergence. The petitioners, Lieutenant Island Services Improvement Association, understand that this time window, like all turtle activity, is governed by weather conditions and temperature. Nesting may, under exceptional circumstances, extend slightly beyond 20 July during especially cool and rainy springs, while hatchling emergence may begin slightly earlier than 20 August during exceptionally sunny and hot summers. Those exceptional circumstances are rare, but have been factored into this terrapin protection plan to ensure that necessary road work can be accomplished during this window without harm to nesting turtles, incubating nests or emerging hatchling. This diamondback terrapin protection plan follows guidance from terrapin experts based on the data collected from the 30-year longitudinal study conducted under the leadership of Mass Audubon s Wellfleet Bay Wildlife Sanctuary and maintained & analyzed by Cape Cod Consultants. The plan incorporates requirements enumerated in petitioners letter of February 27 th, 2009 and the Massachusetts NHESP response of March 4 th, 2009 (misdated 2008). This terrapin protection plan will be effective for the valid duration of the order of conditions SE77-1211 dated April 16 th, 2009. Page 1 of 5

Terrapin Protection Plan 0. Specific Roads Covered under this Plan This turtle protection plan covers essential repair work only on the main island road, D Street from Pond Avenue to Meadow Avenue West at Triangle Leading to 5 th Street. Every other island road is excluded from this plan. (See annotated Google map below with covered area highlighted in red.) Road work on other island roads must be covered under separate MESA filings and approvals. There is substantial terrapin nesting throughout the island and on all side roads. Density of nesting, for example, on Marsh Road (Way 100) and 5 th Avenue is greater than any other area within the Wellfleet Bay system. Work on side roads during the 20 July to 20 August period would encountered and expose significant numbers of incubating nests. Page 2 of 5

1. Prior Notification and Approval of Essential Road Work The Wellfleet Bay Wildlife Sanctuary under the leadership of Bob Prescott monitors all terrapin activity within the Wellfleet Bay estuary system, including Lieutenant Island, as a component of its three decade longitudinal study begun in June 1980. Bob employs staff and interns under his license and expert direction to conduct this research. As such, the Sanctuary maintains the definitive, timely record of turtle activity within this area. Prior to beginning work, petitioners will notify the Wellfleet Health and Conservation Agent and Mass Audubon s Bob Prescott (or his designee) that essential road work will be scheduled for certain dates within the window of 20 July to 20 August. Based on the state of terrapin nesting activity for that season, Bob will advise the petitioners and the Wellfleet Health and Conservation Agent that terrapin nesting will not be disrupted by essential road work on the dates proposed. With this certification, the Wellfleet Health and Conservation Agent will allow these road repairs to proceed, provided the proposed work falls within the auspices of the approved order of conditions and complies with all remaining elements of this terrapin protection plan. 2. Staking and Pre-Construction Coordination Work areas must be staked before the start of work. Before work begins, a premaintenance meeting must be held on site with the contractor, a representative of the Lieutenant Island Services Improvement Association, a designated representative of Mass Audubon s Wellfleet Bay Wildlife Sanctuary, the terrapin monitor, and the Wellfleet Health and Conservation Agent. The type and the scale of work for this project do not require drift fencing that would create an unwanted barrier to turtle, hatchling and other wildlife movement. 3. On-Site Monitoring by Turtle Expert A turtle research assistant or intern under the license and direct supervision of Bob Prescott or another NHESP-approved turtle expert will provide on-site monitoring of all road work conducted during this 20 July to 20 August window. The primary purpose of this monitoring is to search for potential nests that may lie in the path of road work, to protect or relocate such nests in accordance with accepted conservation protocols, and to ensure that any unexpected turtle (diamondback terrapin or Eastern box turtle) that may wander into the path of the road work is removed from potential danger. The proposed work area will be walked and swept by the monitor prior to beginning of work each day. Page 3 of 5

4. Unexpected Terrapin Activity While extremely unlikely, it is possible that unexpected terrapin activity that falls outside documented experience with the species may occur. Should terrapin activity, such as an unexpected late wave of nesters or an unanticipated early emergence of hatchlings, erupt within the work area, the turtle monitor will notify the Wellfleet Health and Conservation Agent at once. The agent, in consultation with the NHESP reviewer, local turtle experts and the petitioners, will adjust road repair scheduling to avoid harm to this listed species. 5. Reporting Turtle monitors will report any terrapin or other listed species sighting in accordance with accepted research procedures. 6. Removal of Barriers Erosion control drift fencing is not advised or required for this project. Any erosion control device that might be employed shall be removed as soon as the site has been stabilized to permit free movement of wildlife, especially hatchlings, across the site. Under no circumstance may a barrier be allowed to stand beyond the August 20 th date. 7. Injured Animals Any injured or unhealthy animals that are discovered on site will be presented by the turtle monitor to an authorized wildlife veterinarian or rehabilitator for treatment, depending on the type and extent of injury. 8. Final Report to NHESP and Wellfleet Conservation Commission At the completion of road work during this 20 July to 20 August window, petitioners will provide NHESP and the Wellfleet Conservation Commission with a final report certifying compliance with the terms and the conditions of this turtle protection plan. Page 4 of 5

I have led and personally conducted diamondback terrapin and other turtle research on Lieutenant Island, as well as other sites from Mount Hope Bay to Provincetown, since 1998. This terrapin protection plan is based on that experience, as well as my personal analysis of our three decade longitudinal study of terrapin activity on Lieutenant Island. I assess that the procedures and protocols incorporated into this Terrapin Protection Plan will protect live specimens from harm, will prevent disturbance to nesting activity, and will avoid damage to existing nests. Respectfully submitted this day of July 10 th, 2009 on behalf of the Lieutenant Island Services Improvement Association, Don Lewis Founding Partner, Cape Cod Consultants 7 Vine Street Marion, MA 02738 Office: 508-748-2130 Mobile: 508-274-5108 don_lewis@post.harvard.edu Distribution (Electronically): For Review and Approval: Ms. Amy Coman, Mass. Natural Heritage & Endangered Species Program For Coordination and Information: Lieutenant Island Services Improvement Association Bob Prescott, Director, Mass Audubon s Wellfleet Bay Wildlife Sanctuary Hillary Greenberg, Health and Conservation Agent, Town of Wellfleet Page 5 of 5