Note that NHESP had only the Notice of Intent on which to base its decision. This would normally be sufficient, but because of the lack of proper reporting and filing up to this point, the NHESP did not receive a wetlands delineation, and the only map they received did not even indicate the presence of the wetland.
” “Based on a review of the information that was provided and the information that is currently contained in our database, as well as new rare species observation forms recently submitted, the NHESP has determined that this project occurs within the actual habitat of the Xxxxxx xxxxxxxxx (Xxxxxx xxxxxxxxx) and the xxxx xxxxxx (Xxxxxx xxxxxx). The Xxxxxx xxxxxxxxx and xxxx xxxxxx are both state protected species listed as “Special Concern” pursuant to the Massachusetts Endangered Species Act (M.G.L.c. 131A) and its implementing regulations (321 CMR 10.00)” (emphasis is NHESP’s).
On the basis of NHESP’s concerns, the Massachusetts Department of Environmental Protection advised BCC that the college should withdraw its amendment to the order of conditions. The college withdrew the amendment.