URMD MOA Update Memo 2017-11-17.pdfCITY OF NORTHAMPTON, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
125 Locust Street
Northampton, MA 01060
413-587-1570
Fax 413-587-1576
Donna LaScaleia
Director
M:\Dams\Upper Roberts Meadow\Historical Commissions\Northampton Historical Commission\URMD MOA Update Memo_draft.doc
Memorandum
To: Sarah LaValley, Conservation, Preservation and Land Use Planner
Northampton Historical Commission
From: David Veleta, City Engineer
CC: Donna LaScaleia, DPW Director
Date: November 17, 2017
Re: Memorandum of Agreement Associated with the Upper Roberts Meadow Reservoir
Dam Breach and Ecological Restoration Project
This memorandum provides a brief description of the genesis of a Memorandum of Agreement
(MOA) associated with the Upper Roberts Meadow Reservoir Dam Breach and Ecological
Restoration Project, the recent archeological investigations associated with the project and
summarizes the June 2017 changes to the April 2016 MOA that resulted from these
investigations and other project changes.
The City of Northampton (City) is under an order from the Massachusetts Office of Dam Safety
(ODS) to repair or remove the Upper Roberts Meadow Reservoir Dam (dam), which has been
classified by ODS as a High Hazard dam. The dam was constructed in 1883 as part of the City’s
water supply system to control flows to the Middle Roberts Meadow Reservoir. With the
subsequent construction of the Ryan and Mountain Street reservoirs, the Upper, Middle and
Lower Roberts Meadow Reservoirs are no longer used for City water supply. After extensive
analysis and review, the City has determined that removal of the dam and its impoundment is the
most cost effective way to satisfy the ODS order and, as an added benefit, restore the upper reach
of the Roberts Meadow Brook channel.
In accordance with the requirement of the Clean Water Act, the dam removal requires a Section
404 permit from the Army Corps of Engineers (Corps). Through the permitting process, the
Corps, in consultation with the Massachusetts State Historic Preservation Officer (MA SHPO),
determined that the dam and adjacent area meet several criteria for eligibility for listing in the
National Register of Historic Places, requiring compliance with Section 106 requirements. In
order to take account of the effects of the dam removal on historic properties, a draft MOA, with
stipulations to be implemented in conjunction with the project, was developed by the City and
GZA in 2015. The City received input from the Historical Commission and invited input from
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the Friends of the Upper Roberts Meadow Dam but did not receive any. The draft was then
reviewed and revised in consultation between the City and the Corps. A final draft of the MOA
was sent to MA SHPO for review and possible signoff in April 2016.
In a May 5, 2016 letter to the Corps, the MA SHPO determined that the April 2016 draft MOA
was “premature” since a sufficient investigation for the possible presence of “significant ancient
and historical period archeological resources” within the proposed project area had not been
conducted. Accordingly, the MA SHPO requested that an intensive (locational) archeological
survey be undertaken. In a subsequent letter to the Corps dated May 17, 2016, MA SHPO
indicated that an archeological reconnaissance or assessment survey could be undertaken first in
order to determine if and where an intensive survey would be warranted.
In response, through its consultant, GZA GeoEnvironmental, Inc. (GZA), the City hired the
Public Archeological Laboratory (PAL) to conduct a reconnaissance survey. The MA SHPO
issued a permit for this survey to PAL on July 7, 2016, and research and fieldwork were
undertaken in July and August, 2016.
The reconnaissance survey identified the Edwards-Moodie-Hoxie Tannery Tannery site (site) on
the northerly side of Roberts Meadow Brook downstream of the dam as a high sensitivity area
within the project limits. This site could contain artifacts associated with a late-eighteenth to
mid-nineteen century bark mill and tannery remains. All other areas within the project limits
were determined to be no or low sensitivity for significant archeological resources. Based on
these findings, the City, through GZA, engaged PAL to conduct an intensive survey of this site.
The MA SHPO permit was amended on September 16, 2016 to include this additional
investigation, and PAL conducted the intensive survey in October 2016.
The intensive survey, which included hand-excavated test pits, identified remnants of four
foundations, two water wheel pits and recovered miscellaneous architectural and ceramic debris
associated with the Edwards-Moodie-Hoxie Tannery site. The proposed temporary construction
access route traverses a portion of the site. Alternative access routes were extensively reviewed,
but, due to topographic, wetland and archeological resource constraints, the City and GZA have
elected to use the proposed route. Based on this decision, PAL recommended and developed an
Archeological Site Avoidance and Protection Plan (ASAPP), a program for Historic
Documentation of the site, a Data Recovery Program (DRP) for the site area impacted by the
temporary access route, and a monitoring and reporting program during the dam removal
construction.
Over the last year, the City worked with GZA, PAL and the Corps to revise the Memorandum of
Agreement to incorporate recommendations that arose from the archeological investigations.
Final changes to the revised MOA were coordinated between the Corps and MA SHPO, and the
revised MOA was signed by MA SHPO on September 11, 2017. The Friends of the Upper
Roberts Meadow Dam were invited by the Corps to sign as a concurring party but declined to do
so in an email to the Corps on October 16, 2017. The Northampton Historical Commission is
also invited to sign as a concurring party. The City will sign as an invited signatory, and the
Corps will be the final signatory of the MOA which will then be incorporated into the Section
404 permit.
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The changes to June 2017 MOA compared to the April 2016 MOA are highlighted in the
attached document and summarized as follows:
• 3rd Whereas: added “and the Edwards-Moody-Hoxie Tannery Site” and Criteria “D”
• 4th Whereas: added “ and a portion of the National Register-eligible Edwards-Moody-
Hoxie Tannery Site
• Added Section I: Archeological Site and Avoidance Protection Plan
• Added Section II: Historic Documentation
• Added Section III: Archeological Data Recovery and Monitoring
• Renumbered Section I to Section IV: Preservation of Stone Masonry dam Abutments and
Masonry Dike
o No change in text.
• Renumbered Section II to Section V: Preservation and Re-use of Historic Materials
o Revised the first paragraph since the opportunity to reuse the blocks in the Pulaski
Park renovation has passed.
• Renumbered Section III to Section VI: Historic Signage and Viewing Area
o Revised the second sentence to incorporate the recent archeological findings
o Added the last sentence.
• Renumbered Section IV to Section VII: Public Access and Path
o Revised the last sentence.
• Renumbered Section V to Section VIII: Post-Review Discoveries
o No change in text.
• Renumbered Section VI to Section IX: Duration
o No change in text.
• Renumbered Section VII to Section X: Dispute Resolution
o No change in text.
• Renumbered Section VIII to Section XI: Amendments
o No change in text.
• Renumbered Section IX to Section XII: Termination
o IX.A: Revised section reference from VIII to XI
• Changed Invited Signatory for the City of Northampton from DPW Director to Mayor
• Revised Exhibit 1
o Sheet 3: Highlight Dam Removal Monitoring Area, Archeological Data
Recovery Area and Sensitive No Impact Areas
o Sheet 6: Highlight Sensitive No Impact Area and Avoidance Fence Line
• Added Exhibit 2: Archeological Site and Avoidance Protection Plan