DFW-NHESP Permit Approval.pdf
Commonwealth of Massachusetts Wayne F. MacCallum, Director Division of Fisheries and Wildlife Field Headquarters, North Drive, Westborough, MA 01581 (508) 389-6300 Fax (508) 389-7891
An Agency of the Department of Fish and Game www.masswildlife.org April 14, 2011 Allen R. Orsi Lauren Hastings PARE Corporation 8 Blackstone Valley Place Lincoln RI 02865 Gary Hartwell
Smith College Facilities Management 126 West Street Northampton, MA 01063 Northampton Conservation Commission City Hall 210 Main Street Northampton, MA 01060 RE: Project Location: Paradise
Pond (Smith College) Project Description: Paradise Pond Dam Repairs NHESP Tracking No. 10-27790 (related to 06-19302) Mr. Orsi and Ms. Hastings: Thank you for your letter dated 17 March
2011 responding to our questions regarding the proposed dam repairs at Paradise Pond. You additionally provided revised Plans “Prepared for: THE TRUSTEE OF THE SMITH COLLEGE PARADISE
POND DAM REPAIRS MA00754/2-8-214-4” (dated February 2011, prepared by Pare Corporation, “DRAFT SUBMISSION NOT FOR CONSTRUCTION ISSUED FOR PERMITS 02-11-11”, 9 sheets) (the Plans). Our
responses below parallel the numbering of your letter for ease in reading. Based on the information provided and the information contained in our database, the NHESP finds that this
project, as currently proposed, must be conditioned in order to avoid adverse effects to the actual Resource Area Habitat (310 CMR 10.58(4)(b) and 10.59) and a “take” (321 CMR 10.18(2)(a))
of state-listed species. PARE 1. The NHESP approves the water flow and sedimentation monitoring plan with the following changes: a. The final plan must specify which individual, by name
or position from both the Contractor and College, is responsible for the monitoring and response to any turbidity in the downstream channel. The names of each individual(s) shall be
provided to the NHESP in writing prior to the start of work. b. An Environmental Monitor must be assigned to the project.
NHESP No. 10-27790, Dam Repairs, page 2 of 3 i. Site work shall be supervised regularly by an independent Environmental Monitor who shall have significant experience in resource protection
and the monitoring and maintenance of erosion and sedimentation controls. ii. The Environmental Monitor will verify the proper locations, installation, and maintenance of erosion and
sediment control measures and will be responsible for inspecting erosion and sediment control measures regularly during construction. iii. The Environmental Monitor shall have the authority
to halt construction if siltation impacts to the river are imminent. All exposed areas shall be adequately stabilized and protected from erosion at the close of each working day. iv.
The Environmental Monitor will be responsible for monitoring the turbidity and flow in the downstream channel, maintain a written log of daily values collected prior to and after work,
and recording any corrective actions required as a result. A copy of this log shall be provided to the NHESP upon the completion of the project. c. Monitoring of the downstream turbidity
shall be consistent with the “Paradise Pond Management Plan” dated February 2007. Specifically, the “Protocol for Monitoring of Potential Sediment Releases During Sluice Gate Opening
Paradise Pond Dam Sluice Gate Opening & Closing” steps 2 and 6 only. If it is your intention to continue to not comply with this plan, then you must submit an alternative plan for the
NHESP to review including the same level and detail of information in this plan. PARE 2. The NHESP approves the Erosion and Sedimentation Plan provided within the Plans. PARE 3. Drawdown
and Refill Procedure a. Drawdown: At a meeting dated 10/21/10 with NHESP and representatives of the College and PARE, the drawdown associated with this project was described to begin
around October 1 and water levels held down for two months. Additional project work would commence at the end of September. The duration of the entire project was estimated to be 4 months
at the longest (therefore ending in January). The NHESP is approving this timeline for the drawdown associated with this project and overall work. b. Refill: No schedule is provided.
The NHESP is approving the plan assuming that the refill will be consistent with the “GEIR: Eutrophication & Aquatic Plant Management in MA” (July 2002) guidance to achieve refill by
April. PARE 4. No response needed. PARE 5. The NHESP approves the seeding, planting, and maintenance plan in the Plans as described and in the Pare letter. PARE 6. We await the information
indicated regarding the Operation and Maintenance Plan for Paradise Pond. The NHESP notes a written Operation and Maintenance Plan must be approved in writing by the NHESP prior to the
completion of work. Issuance of an Order of Conditions approving the Project with the above conditions is consistent with the Interests of the WPA and Regulations related to rare species.
We ask that the Conservation Commission send a copy of the final Order of Conditions to the NHESP simultaneous with the applicant as required in 310 CMR 10.05(6)(e).
NHESP No. 10-27790, Dam Repairs, page 3 of 3 This evaluation is based on the most recent information available in the Natural Heritage database, which is constantly being expanded and
updated through ongoing research and inventory. If no physical work is commenced within five-years from the date of issuance of this letter, or there is a material change in the plans,
the applicant must consult with the NHESP to determine if the above-listed conditions remain adequate to avoid impacts to state-listed species prior to the commencement of any work.
In addition, new rare species information may be considered by the NHESP relative to the proposed work and additional conditions may be required. This conditional authorization does
not relieve the applicant or any other persons of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. We note
that all work is subject to the anti-segmentation provisions (321 CMR 10.16) of the MESA. Please contact Misty-Anne R. Marold, Endangered Species Review Biologist, at 508-389-6356 with
questions related to this letter. Sincerely, Thomas W. French, Ph.D. Assistant Director CC: Jon Sargent, Army Corps of Engineers Mark Stinston, MA DEP, Western Regional Office, Wetlands
Susi VonOettingen, US Fish & Wildlife Service Ralph Taylor, DFW Connecticut River Valley