Coastal Engineering CompanyCOASTAL CURRENTS
September 2008 Update Engineering News and Information from
Coastal Engineering Company
In This Issue
Protecting Rare Species
Environmental Permitting
Featured CEC Project
Helpful Links
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Endangered Species Act in the News
   

Recently, regulatory changes have been proposed to the federal Endangered Species Act (ESA) - entitled "Interagency Cooperation Under the ESA" - that would reduce the impact of the mandatory, independent reviews that government scientists have been conducting since the Act was first passed by Congress in 1973. The proposed changes apply to any project that a federal agency funds, builds or authorizes, and bar independent agencies from assessing the emissions from projects that contribute to global warming and its effect on endangered species and their habitats.

 

Conservationists worry that these new regulations, which are not subject to Congressional approval, would essentially allow federal agencies to decide for themselves whether infrastructure projects, such as dams and highways, would harm endangered species. More  information about the proposed ESA changes is available on the U.S. Department of the Interior website, or click here to view a pdf version of the proposed regulations in detail.

 

While there are no scheduled public hearings on these proposed changes, there is a 30-day public comment period that expires on September 15th. Comments on these regulations and other Federal actions can be submitted - and posted comments can be viewed - at the  regulations.gov website, which promotes public participation in the Federal regulatory process.

Protecting Rare Species in Massachusetts   

Massachusetts provides some of the strongest legal protections for rare plants, animals, and their habitats of any state in the nation.  While the federal ESA provides for the conservation of ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend, the Massachusetts Endangered Species Act (MESA) goes one step further.  MESA provides protection for locally rare species - some of which are unique to our state - even though these species may be common elsewhere in the country or have not yet declined to levels low enough to be considered endangered at the federal level. 

 

 The Commonwealth of Massachusetts provides some of the strongest protection for rare species and their habitats of any state in the nation.  

MA Endangered Species ActAdopted in 1990, MESA is administered by the state's Natural Heritage & Endangered Species Program (NHESP) within the Division of Fisheries & Wildlife (DFW) .  MESA provides a listing of any plant or animal identified as endangered, threatened, or of special concern.  Once listed, MESA regulations prohibit the "taking" of (i.e., the disturbance or negative impact to) such species and any other species listed under the federal ESA. By establishing these procedures for the listing and protection of rare plants and animals, MESA plays an important role in contributing to rare species recovery and preventing species extinction in Massachusetts.

Environmental Permitting

The process of obtaining environmental permits for work which may affect wetlands, air, water, or the habitat of endangered species is what regulators use to protect public health and the environment.  In recent years, agencies at both federal and state levels have revised and expanded permitting procedures to help reduce negative environmental impacts. 
 
As a result, the permitting process can involve a number of environmental regulatory authorities that protect diverse resources, depending on the complexity and scope of a project - including proposed projects and activities that may impact state-listed rare species and their habitats.  There may also be expanded requirements for wetland identification and delineation of inland and coastal resource area boundaries.
 
Permitting at the local, regional, state, and federal levels for zoning, wetlands protection, Board of Health, Environmental Protection Agency (EPA), and Developments of Regional Impact (DRI) compliance can include filings for: U.S. Army Corps of Engineers permits; Chapter 91 waterways licenses; Massachusetts Department of Environmental Protection (DEP) permits; Water Quality Certifications; Groundwater Discharge permits; Environmental Notification Forms (ENFs) and Environmental Impact Reports (EIRs).
 
A complete guide to environmental permitting in Massachusetts is available at the Office of Coastal Zone Management website. The guide is intended to offer clear, brief descriptions of the major Massachusetts environmental permits to help the reader work with environmental consultants and state, federal, and local officials to chart a reasonably straight path through the permitting process.

Featured Project - "Going Green" at the Wellfleet Bay Wildlife Sanctuary  Wellfleet Bay Wildlife Sanctuary

Mass Audubon's Wellfleet Bay Wildlife Sanctuary recently received the highest designation for "green buildings" - the Platinum certification by the LEED (Leadership in Energy and Environmental Design) program.  This major renovation and expansion project at the Audubon's facility on Route 6 in Wellfleet involved the construction of a renovated and expanded Visitor Nature Center, classroom and staff dormitory facility, and site improvements to the existing walking trails to provide all persons' access. 
 
Click here to read more about this "green building" project on our website.  The Wellfleet Bay Wildlife Sanctuary website contains additional news and photos of the nature center and the new, self-guided trail at the sanctuary. Also, the U.S. Green Building Council website  provides more detailed information about the LEED certification process.

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