12-31371_Northampton_070918.pdf
July 9, 2018
Northampton Conservation Commission
City Hall
210 Main St., Room 11
Northampton, MA 01060
David Veleta
Northampton Department of Public Works
125 Locus Street
Northampton, MA 01060
RE: Applicant: David Veleta, Northampton Department of Public Works
Project Location: Northampton Flood Control Systems
Project Description: Flood Control Structure Maintenance and Improvements
DEP Wetlands File No: 246-0716
NHESP File No.: 12-31371
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries &
Wildlife (the “Division”) received a Notice of Intent with site plans (dated May 3, 2018) in compliance
with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310
CMR 10.58(4)(b) & 10.59). The Division also received the MESA Review Checklist and supporting
documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18).
WETLANDS PROTECTION ACT (WPA)
Based on a review of the information that was provided and the information that is currently contained
in our database, the Division has determined that this project, as currently proposed, will not adversely
affect the actual Resource Area Habitat of state-protected rare wildlife species. Therefore, it is our
opinion that this project meets the state-listed species performance standard for the issuance of an
Order of Conditions.
Please note that this determination addresses only the matter of rare wildlife habitat and does not
pertain to other wildlife habitat issues that may be pertinent to the proposed project.
MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)
The Division has determined that this Project will occur within the actual habitat of the Wood Turtle
(Glyptemys insculpta), a species state-listed as Special Concern. This species and its habitats are
protected in accordance with the rare species provisions of the MESA. Fact sheets for state-listed
species can be found at www.mass.gov/nhesp.
NHESP No. 12-31371, Page 2
Based on a review of the information provided and the information currently contained in our database,
the Division has determined that this project, as currently proposed, must be conditioned in order to
avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of
Wood Turtle the following conditions must be met:
1. A Wood Turtle Protection Plan is required for work occurring in the vicinity of the South Street
Bridge, as shown on Sheet M-8 of the site plans “CONTRACTS 2018 FLOOD CONTROL SYSTEM
MAINTENANCE & MINOR REPAIRS PROJECT MILL RIVER DIVERSION STA28+50 TO 35+00” (dated 5/3/2018).
The Protection Plan must be developed by a qualified biologist, as determined by the Division,
and must be submitted for Division review and written approval prior to implementation. If all
work can occur between October 1st and March 15th, it will avoid the need for a Wood Turtle
Protection Plan.
Provided the above-noted condition is fully implemented and there are no changes to the project plans,
this project will not result in a Take of state-listed species. We note that all work is subject to the anti-
segmentation provisions (321 CMR 10.16) of the MESA. This determination is a final decision of the
Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or
any additional work beyond that shown on the site plans may require an additional filing with the
Division pursuant to the MESA. This project may be subject to further review if no physical work is
commenced within five years from the date of issuance of this determination, or if there is a change to
the project.
Please note that this determination addresses only the matter of state-listed species and their habitats.
If you have any questions regarding this letter please contact David Paulson, Senior Endangered Species
Biologist at 508-389-6366.
Sincerely,
Thomas W. French, Ph.D.
Assistant Director
cc: MA DEP Western Region
City of Northampton