Wildlife Habitat Evaluations

(1) Measuring Adverse Effects on Wildlife Habitat. (a) To the extent that a proposed project on inland Banks, Land under Water, Riverfront Area, or Land Subject to Flooding will alter vernal pool habitat or will alter other wildlife habitat beyond the thresholds permitted under 310 CMR 10.54(4)(a)5., 10.56(4)(a)4., 10.57(4)(a)3. and 10.58(4)(d)1., such alterations may be permitted only if they will have no adverse effects on wildlife habitat. Adverse effects on wildlife habitat mean the alteration of any habitat characteristic listed in 310 CMR 10.60(2), insofar as such alteration will, following two growing seasons of project completion and thereafter (or, if a project would eliminate trees, upon the maturity of replanted saplings) substantially reduce its capacity to provide the important wildlife habitat functions listed in 310 CMR 10.60(2). Such performance standard, however, shall not apply to the habitat of rare species, which are covered by the performance standards established under 310 CMR 10.59. 10.60: continued (b) An evaluation by the applicant of whether a proposed project will have an adverse effect on wildlife habitat beyond permissible thresholds shall be performed by an individual with at least a masters degree in wildlife biology or ecological science from an accredited college or university, or other competent professional with at least two years experience in wildlife habitat evaluation. (c) Any wildlife habitat management practices conducted by the Division of Fisheries and Wildlife, and any wildlife management practices of any individual or organization if reviewed and approved in writing by said Division, shall be presumed to have no adverse effect on wildlife habitat. Such presumption is rebuttable, and may be overcome by a clear showing to the contrary. (2) Wildlife Habitat Characteristics of Inland Resource Areas. (a) Banks. The topography, soil structure, and plant community composition and structure of banks can provide the following important wildlife habitat functions: 1. Food, shelter and migratory and breeding areas for wildlife 2. Overwintering areas for mammals and reptiles. (b) Land under Water Bodies or Waterways. The plant community and soil composition and structure, hydrologic regime, topography and water quality of land under water bodies or waterways can provide the following important wildlife habitat functions: 1. Food, shelter and breeding areas for wildlife; 2. Overwintering areas for mammals, reptiles and amphibians. (c) Vernal Pool Habitat. The topography, soil structure, plant community composition and structure, and hydrologic regime of vernal pool habitat can provide the following important wildlife habitat functions: \ 1. Food, shelter, migratory and breeding areas, and overwintering areas for amphibians; 2. Food for other wildlife. (d) Lower Floodplains. The hydrologic regime, plant community and soil composition and structure, topography, and proximity to water bodies and waterways of lower floodplains can provide the following important wildlife habitat functions: 1. Food, shelter, migratory and overwintering areas for wildlife; 2. Breeding areas for birds, mammals and reptiles. (e) Riverfront Area. The topography, soil structure, plant community composition and structure, and hydrologic regime can provide the following important wildlife habitat functions: 1. Food, shelter, overwintering and breeding areas for wildlife, including turtle nesting areas, nesting sites for birds which typically reuse specific nesting sites, cavity trees, and isolated depressions that function as vernal pools. 2. Migratory areas along the riparian corridor including the movement of wildlife unimpeded by barriers within the riverfront area. (3) Restoration and Replication of Altered Habitat. Alterations of wildlife habitat characteristics beyond permissible thresholds may be restored onsite or replicated offsite in accordance with the following general conditions, and any additional conditions the issuing authority deems necessary to insure that the standard in 310 CMR 10.60(1)(a) is satisfied: (a) the surface of the replacement area to be created ("the replacement area") shall be equal to that of the area that will be lost ("the lost area"); (b) the elevation of groundwater relative to the surface of the replacement area shall be approximately equal to that of the lost area; (c) the replacement area shall be located within the same general area as the lost area. In the case of banks and land under water, the replacement area shall be located on the same water body or waterway if the latter has not been rechanneled or otherwise relocated. In the case of bordering land subject to flooding, the replacement area shall be located approximately the same distance from the water body or waterway as the lost area. In the case of vernal pool habitat, the replacement area shall be located in close proximity to the lost area; (d) interspersion and diversity of vegetation, water and other wildlife habitat characteristics of the replacement area, as well as its location relative to neighboring wildlife habitats, shall be similar to that of the lost areas, insofar as necessary to maintain the wildlife habitat functions of the lost area; 10.60: continued (e) the project shall not alter ten or more acres of Land Subject to Flooding or Land under Water found to be significant to the protection of wildlife habitat, or 2,000 feet or more of Bank found to be significant to the protection of wildlife habitat (in the case of a bank of a stream or river, this shall be measured on each side of said stream or river). (f) if the replacement area is located in an area subject to M.G.L. c. 131, § 40, there shall be no adverse effect on the existing important wildlife habitat functions of said area as measured by the standards of 310 CMR 10.60; (g) the "thresholds" established in 310 CMR 10.54(4)(a)5., 10.56(4)(a)4., 10.57(4)(a)3. and 10.58(4)(d)1.c. (below which alterations of resource areas are not deemed to impair capacity to provide important wildlife habitat functions) shall not apply to any replacement area; and (h) the replacement area shall be provided in a manner which is consistent with all other General Performance Standards for each resource area in 310 CMR 10.51 through 10.60. NON-TEXT PAGE