11A-003 evergreen road conservation- NHESP/l9ass Wi /dlife
Bob Jeffway, Jr.
37 Front Street
Leeds, MA 01053
Project Name:
Location:
NIIESP File
Dear Mr. Jeffway,
Commonwealth of Massachusetts
Division _FEB
Fisheries M
The Beaver Brook Nominee Trust property
Evergreen Road, Northampton
01 -9552
2
February 20, 2004
The Natural Heritage Endangered Species Program (NHESP) of the MA Division of Fisheries
Wildlife has reviewed the letters (received 10/21/03 12/4/03) and preliminary subdivision plan (dated
11/7/03) that were submitted to our office for review under the Massachusetts Endangered Species Act
(M.G.L. c.131A) for this site. This project site is located within Estimated and Priority Habitats for the
Jefferson Salamander (Ambystoma jeffersoaianum) and Wood Turtle (Clemmys insculpta). These rare
wildlife species are state- protected as species of "Special Concern" pursuant to the Massachusetts
Endangered Species Act (MESA).
Wayne F. MacCallum, Director
During our meeting with you on Sep. 4, 2003, we discussed the permitting requirements for this project
under the Massachusetts Endangered Species Act (MESA) and its implementing regulations (321 CMR
10.00). The NHESP has determined that the proposed work and development of the uplands on this site
constitutes a probable "take as defined in 321 CMR 10.02. Under MESA, both upland and wetland
habitats are protected from "take" which includes "to... disrupt the nesting, breeding, feeding, or
migratory activity." The taking of a species on the state list may be permitted under MESA only if the
applicant has avoided, minimized and mitigated impacts to state protected species to the greatest extent
practicable and provided there is a long- teiiil net benefit to the conservation of the local populations of the
impacted species.
The NHESP is supportive of the recent plan (dated 11/07/03) submitted for review and has only a few
minor concerns that need to be addressed. Dr. Alan Richmond conducted a survey of the vernal pools on
this site for Beaver Brook Nominee Trust and during his survey another vernal pool was confirmed and
certified. This latest vernal pool does not appear to be depicted on the plan that was submitted and it
should be added. There are now 5 confirmed vernal pools in the vicinity of the project "site, one of which
is just outside of the property boundary and 2 of which are confirmed breeding sites for the Jefferson
Salamander.
The amount of area to be protected in the Conservation Restriction (CR) is acceptable for this site,
although we have concerns about the proposed work within the 100 foot Buffer Zone east of the wetland
near Hayderiville Road. We recommend that the entire Buffer Zone be protected in the CR or
alternatively that an equal amount of land (between the limit of work and Buffer Zone boundary) is added
to the CR southeast of vernal pool 2017 or west of vernal pool 2019 as compensation.
www.masswildlife.org
Division of Fisheries and Wildlife
Field Headquarters; One Rabbit Hill Road, Westborough MA (508) 792- 7270 Fax (508) 792 -7275
An Agency of the Department of Fisheries, Wildlife Environmental Law Enforcement
On the issue of new proposed trails, the NHESP will permit new trails on this site provided that new trails
are no greater than 4 feet in width and that they are not located within any resource areas (including
Riverfront Area) or within any 100 foot buffer zone of a wetland or certified vernal pool. The NHESP is
unable to permit the use of ATV's within this Conservation Restriction, with the exception of
snowmobiles. It is not the intent of NHESP to require or recommend the posting of lands within the CR.
The CR shall be written to allow staff of the NHESP to inspect the protected land within the CR during
reasonable hours. The NHESP requests that a draft Conservation Restriction be submitted for our review.
Due to the need for a Conservation Permit under MESA for the proposed work on this site, filing under
the MEPA regulations is still required. The NHESP apologizes for the delay in responding to your latest
submissions. If you have any questions regarding this letter please call Nancy Putnam at ext. 306.
f
Sincerely,
Thomas W. French, Ph.D.
Assistant Director
CC: Northampton Planning Board and Conservation Commission
MEPA Director, Executive Office of Environmental Affairs
2
/l9ass Wi /dlife
Bob Jeffway, Jr.
37 Front Street
Leeds, MA 01053
Project Name:
Location:
NIIESP File
Dear Mr. Jeffway,
Commonwealth of Massachusetts
Division _FEB
Fisheries M
The Beaver Brook Nominee Trust property
Evergreen Road, Northampton
01 -9552
2
February 20, 2004
The Natural Heritage Endangered Species Program (NHESP) of the MA Division of Fisheries
Wildlife has reviewed the letters (received 10/21/03 12/4/03) and preliminary subdivision plan (dated
11/7/03) that were submitted to our office for review under the Massachusetts Endangered Species Act
(M.G.L. c.131A) for this site. This project site is located within Estimated and Priority Habitats for the
Jefferson Salamander (Ambystoma jeffersoaianum) and Wood Turtle (Clemmys insculpta). These rare
wildlife species are state- protected as species of "Special Concern" pursuant to the Massachusetts
Endangered Species Act (MESA).
Wayne F. MacCallum, Director
During our meeting with you on Sep. 4, 2003, we discussed the permitting requirements for this project
under the Massachusetts Endangered Species Act (MESA) and its implementing regulations (321 CMR
10.00). The NHESP has determined that the proposed work and development of the uplands on this site
constitutes a probable "take as defined in 321 CMR 10.02. Under MESA, both upland and wetland
habitats are protected from "take" which includes "to... disrupt the nesting, breeding, feeding, or
migratory activity." The taking of a species on the state list may be permitted under MESA only if the
applicant has avoided, minimized and mitigated impacts to state protected species to the greatest extent
practicable and provided there is a long- teiiil net benefit to the conservation of the local populations of the
impacted species.
The NHESP is supportive of the recent plan (dated 11/07/03) submitted for review and has only a few
minor concerns that need to be addressed. Dr. Alan Richmond conducted a survey of the vernal pools on
this site for Beaver Brook Nominee Trust and during his survey another vernal pool was confirmed and
certified. This latest vernal pool does not appear to be depicted on the plan that was submitted and it
should be added. There are now 5 confirmed vernal pools in the vicinity of the project "site, one of which
is just outside of the property boundary and 2 of which are confirmed breeding sites for the Jefferson
Salamander.
The amount of area to be protected in the Conservation Restriction (CR) is acceptable for this site,
although we have concerns about the proposed work within the 100 foot Buffer Zone east of the wetland
near Hayderiville Road. We recommend that the entire Buffer Zone be protected in the CR or
alternatively that an equal amount of land (between the limit of work and Buffer Zone boundary) is added
to the CR southeast of vernal pool 2017 or west of vernal pool 2019 as compensation.
www.masswildlife.org
Division of Fisheries and Wildlife
Field Headquarters; One Rabbit Hill Road, Westborough MA (508) 792- 7270 Fax (508) 792 -7275
An Agency of the Department of Fisheries, Wildlife Environmental Law Enforcement
On the issue of new proposed trails, the NHESP will permit new trails on this site provided that new trails
are no greater than 4 feet in width and that they are not located within any resource areas (including
Riverfront Area) or within any 100 foot buffer zone of a wetland or certified vernal pool. The NHESP is
unable to permit the use of ATV's within this Conservation Restriction, with the exception of
snowmobiles. It is not the intent of NHESP to require or recommend the posting of lands within the CR.
The CR shall be written to allow staff of the NHESP to inspect the protected land within the CR during
reasonable hours. The NHESP requests that a draft Conservation Restriction be submitted for our review.
Due to the need for a Conservation Permit under MESA for the proposed work on this site, filing under
the MEPA regulations is still required. The NHESP apologizes for the delay in responding to your latest
submissions. If you have any questions regarding this letter please call Nancy Putnam at ext. 306.
f
Sincerely,
Thomas W. French, Ph.D.
Assistant Director
CC: Northampton Planning Board and Conservation Commission
MEPA Director, Executive Office of Environmental Affairs
2