ACOE 2018.10.10.PDFRegulatory Division
. File Number: NAE-2012-2550
Smith College Facilities Management
Attn: Gary Hartwell
126 West Street
Northampton, Mass·achusetts
.
Dear Mr. Hartwell:
DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
NEW ENGLAND DISTRICT
696 VIRGINIA ROAD
CONCORD MA 01742-2751
October 10, 2018
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This letter concerns the U.S. Army Corps of.Engineers individual permit review of your
proposal for a 1 o·-yeai Dredge Material Management Plan for Paradise Pond on the Mill River in . .
·Northampton, Massachusetts. As part of this Dredge Material Management Plan, you have
requested authorization to dewater the 9 .4 acre Paradise Pond one+ times a year; to mechanically . . .
redistribute bottom sediments into areas ·where they can be more easily transported (sluiced)
do~iver; and to.open the Paradise Pond Dam low-flow outlet during periods of high flow (over
200 cfs) in order to promote the downriver .sluicing of accumulated bottom sediments. The goal
of this Dredged Material Management Plan is to maintain at least a·2-foot minimum normal pool
depth throughout Paradise Pond to support existing recreational and academic uses.
The Corps advertised this project via a public notice. comment period between August 7,
and September 7, 2018. Enclo.sed for your review and co~ent are copies of comment letters
that we have received since the beginning of the comment period. Th~se include the followfug:
1.) Massachusetts Board of Underwater Archaeological Resources (BUAR) August 7,
2018 comment letter: Project .is unlikely to impact submerged cultural resources, but Smith
College sh~uld contact the Corps and the BUAR, if unknown submerged cultural resources are
encountered during construction. · ·
2.) Massachusetts Office of Coastal Zone Management (MA CZM) (series of e-rp.ails
ending Auiust. 7, 2018)-Project will not require MA CZM reyiew .
.
. 3.) E~vironmental Protection Agency (EPA) (series of e-mails ending August 7, 2018)
· ·4.) City ofNorthampt~n Department of Public Works (DP.W) August 27, 2018 comment
letter: City of Northa.mpton DPW .is concerned the impact that sluiced sediments could aggrade
within the downriver Mill River Diversion Channel. They recomn)end that Smith College be . .
required to complete a HEC-R.AS sediment transport model(s) and coordinate it with the Corps. . .
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In addition, they recommend that· Smith College be required to conduct annual cross-se9tion ·
monitoring surveys of the ]\1ill Riv~r Diversion Channel· and be financially responsible · for ·
funding addi~ional dredging of the Diversion Channel (if necessary).
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5.) U.S. Fish .and Wildlife.Service (U.S. FWS) (series of e-mails ·ending on September 6,
2018): Project will hav e no effect on U.S. FWS endangered species [northern long-eared bat,
small whorled pogonia, and dwarfwedgemussels]·.
6.) National Marine Fisheries Service (NMFS) Habitat Conservation (series of e-maiis
ending on September 7, 2Ql 8: Project has the potential to impact essential fish habitat (EFH)
area, but these impacts can be addressed as part of the EFH Programmatic Consultation Process.
7.) .NMFS -·Protected Resources (series of e-mails ending September 7, 2018): Project . .
will have no effect on NMFS -Protected Resources en.dangered species [shortnose sturgeon].
• •
8.) Massachusetts State Historic Pr.eservation Officer (MA SHPO) September 7, 2018
comment letter: MA SHPO recommends that the Paradise Pond Dredge Material Management
•
Plan will have ''no adverse effect'' on the· Smith College and the Elm ·Street (South)·Historic
Districts. The Corps still heeds to conclude the Section. 106 Consultation Process with the MA
SHPO.
.
9.) Mass Wildlife Natural Heritage & Endangered Species Act Program (series of e-mails
starting on September 25, 2018):. Mass Wildlife is conducting a review of yol.µ4 revised
application.
As part of your September 26, 2018 package responding to Mass Wildlife comments, I
understand that you now propose to complete dewatering operations on Paradise Pond during the
period between November through April (rather than between October and May as previously
requested). Please let me know if yo:u have made any additional changes to the Paradise Pond
Dredge Material Management Plan as part.of your on-going coordination with Mass Wildlife.
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This office continues .to coordinate with the Corps Levee Safety Offi.ce to determine if
your project has the potential to impact the downriver Mill River Diversion Channel Local Flood
. Protection Project .. Please provide me with your response to the City of Northampton D~\Y 's
. comment letter (se~ #4 above) .. We have not made a decision.whether these r.equirements should
be incorporated into our forthcoming individual permit authorization for. this project .
.
The Corps cannot issue our FINAL Section 404 permit authorizatio.n for the Paradise
Pond Dredge .Material Management Plan un~il Massachusetts DEP finalizes their water quality
certification (WQC) review for this project. Ple8=se provide a summary on the status of
Massachusetts DEP's WQC review.
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If you have any questions about this package, please contact me at (978) 318-8491.
•
Enclosures
Copies Furnished:
Sincerely,
Paul Sneeringer
Project Manager
Permits & Enforcement Branch .
Ed Reiner, U.S . Enviromnental Protection Agency -Region 1, Boston, Massachusetts,
reiner.ed@epa.gov · ·
David WH Wong, Massachusetts DEP -Boston Central Office, One Winter Street, Boston, . .
Massachusetts, david. w.wong@state.ma .. us
David Cameron, Massachusetts DEP -Western Regional Office, 436 Dwight Street, Springfield,
Massachusetts, dayid.cameron@state.ma.us .
Misty-Anne Marold, Mass Wildlife -Natural Heritage & Endangered Species Program,
1 Rabbit Hill Road, Westborough, Massachusetts, misty-anne.marold@state.ma.us
[NHESP 10-27790]
Sarah La Valley, Northampton Conservation Commission, 210 Main Street, Room 11,
Northampton, Massachusetts, slavalley@northamptonma.gov
David Veleta, City of Northampton Department of Public Works, 125 Locust Road,
Northampton, Massachusetts, dveleta@northamptonma.gov
Briscoe Lang, Pare Corporation, 8 Blackstone Valley Place, Lincoln, Rhode Island,
blang@parecofp.com ·
Andrew Cattano, CENAE-EDW
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I
The COMMONWEALTH OF MASSACHUSETTS
BOARD OF UNDERWATER ARCHAEOLOGlCAL RESOURCES
Paul Sneeringer
U.S. Army Corps of Engineers
New ·England District
696 Virginia Road
Concord, MA 01742-2751
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.
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
251 ··causeway Street, Suite 800, Boston, MA 02114-2136
Tel. (617) 626-1200 Fax.(617) 626-1240
Web Site: www.mass.gov/orgs/board-of-underwater-archaeological-resources
August 7, 201$
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RE: Paradise Pond Sediment Management Project, Smith College, Northampton, MA
NAE-2012-2550 .
Dear Mr. Sneeringer, •
.
The staff of the Massachusetts Board of Underwater Archaeological Resources has reviewed
the above referenced pr'?jects Public Notice, dated August 7, 2018, proposed by Smith College. We
offer the following comments.
The Board has conducted a preljprinary review of its files and secondary literature sources to . .
identify known and potential submerged cultural resources in the proposed project area. No record of
any underwater archaeological resources was found. Based on the results of this review and previously
dredging in the dam impoUI?-dnient (Paradise Pond), the Board expects that this project is unlikely to
impact submerged cultural resources.
.
However, should heretofore-unknown submerged cultural resources be encountered during the
course .of the project, the" Board expec~s that the project's sponsor will talce steps to limit adverse
affects and notify the Board, as well as other appropriate agencies, immediately in accordance with the
Board's Policy Guidance for the Discovery of Unanticipated Archaeological Resources.
The Board appreciates the opportunity to provide these comm~nts .as part of the review process.
Should you have any questions regarding this letter, please do not hesitate to contact me at the address
above, by email at victor.mastone@state.ma.us, or by telephone at (617) 626-1141.
/vtm
Sincer ly, .
Victor T. Mastone
Director
A'Yt .
t.~ Printed on Recycled Paper
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1 -: ·-· .: - -·-• ' --- - -•
Sneerin2er, Paul J CIV USARMY CENAE {US)
From:
•
Sent:
To:
Subject:
Bob:
Sneeringer, Paul J CIV USARMY CENAE (US)
Tuesday, August 07, 2018 2:31 Pry1
·Boeri, Robert (ENV)'
RE: S.mith College
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One of the real benefits of dam removal projects is reesta~lishing sediment transport patterns downstream.
Segments downriver of Paradise Po rid are likely '1sediment starved'. due to the presence of the existing dam. I believe .
the sluicing of this "uncontaminated" sediment coultj have so.me real benefits to downriver areas. Smith College is
h~ping to be able to sluice an additional 1,500 to 3,000 cubic yards of bottom sediment per year. I don't see that
volume of sediment a.s having a significant impact on the Connecticut River (or the Oxbow). Thanks for your comments.
Paul ·sneer!nger
(978) 318-8491
--~--Original .Message-----. ·
From: Boeri, Robert (ENV) [mailto:robert.boeri@state.ma.us]
Sent: Tuesday, August 07, 2018 12:25 PM
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To: Snee ringer, Paul J CIV l)SARMY CENAE (US)<Paul.J.Sneeringer@usace.army.mil>
Subject: [Non-DoD Source] Smith College
HI Paul ,
This is absol.utely none of my business as .it isn't in the coastal zone, but would you really let them sluice all of the
sediment downstream? I am familiar with this whole area as I.worked on th~ CT River for several years. I think that the
state stocks trout.in the mill river here. Also, I would imagine that this would ·affect·boats coming and going from the ·
Oxbow Marin~ on the CT River. Plus the Oxbow has some great warm water fishing.
Wouldn't it make more sense to put the sediment on an up·land site instead/ .
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·Bob ·
Project Review Coordinator/Dredging Coordinator I Massachusetts Office of Coastal Zone Management I 251 Causeway . . .
Street, Suite 800 I Boston, MA 02114 I 617.626.1050 I Robert.Boeri@mass.gov
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Sneeringer, Paul J CIV USARMY CENAE (US)
From: Sneeringer, Paul J CIV USARMY CENAE (US)
Sent: Tuesday, August 07, 2018 4:58 PM .
To: 'Reiner, Edward'
Cc:
Subject:
• Wong, David W (DEP) (David.W.Wong@MassMail.State.MA.US); Foulis , David (DEP)
RE: NAE-2012 -2550, Smith College, Northampton, MA
Attachments: Smith College ACOE Respo .nse ·to. Com.ments Letter 6-18 -2018.pdf
Ed:
. .
As you ~ave suggested this is the first project (that I am aware of) where a pond owner has proposed to sluice ·
sediment downstream rather than dewatering the pond and using upland disposal.
. .
That being said one of the real benefits of dam removal projects is reestablishing a more normal downstream
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sediment transport patterns. In recent years, the Massachusetts Division of Ecological Restoration has pushed for the . . .
ability to Jet accumulated sediments sluice downstream as part of the darn removal process rather than removing this
sediment prior to the d·am remqval activities. See the Upper R·oberts Meadow Dam Breaching Project {Northampton)
{NAE ~2007 -1851); the Eli Whitney Cotton Mill Dam Removal {E·ast Bridgewater); the Tidmarsh Farms -Beaverdam Creek
Re·storation ·Project {Plymouth) {NAE-2013-2612); the Kinne Brook Re~toration (Chester), etc. as examples of this
process.
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Smith Callee received a previous authorization from the Corps to conduit a series of sediment sluicing pilot·
studies for the Paradise Pond site. During this time period they conducted .a serie.s of sediment and biological
monitoring studies. Enclosed for.your record are the 2017 year reports from these monitori.ng studies.
Please let me know if there is additional documentation that you are looking for as part of your review of this . .
project. Feel.free to contact me if you have questions about this e-mail. Thanks.
Paul Sneeringer
{978) 318-8491
-----Original Message-----
From: Reiner, Edward [mailto:reiner.e.d@epa.gov]
Sent: Tuesday, August 07, 2018 4:30 PM ·
To: Sneeringer, Paul J CIV USARMY CENAE (US)<Paul.J.Sneeringer@usace.army.mil>
•
Cc: Wong1 David W (DEP) (David.W.Wong@MassMail.State.MA.US) <David.W.Wong@MassM.ai1.State.MA.US>; Foulis,
David (DEP) <Qavid.Foulis@MassMail.State.rylA.US>
S·ubject: [Non-DoD Source] NAE -2012-2550, Smith College, Nort·hampton,. MA
Please provide any additional documentation that explains this prqject, and includes testing information on· sediment . .
qualit·y to determine if downstream sluicing of se~iments is acceptable? Wa.s there a MEPA ENF or DEP NOi that you
can provide which contains additional details. This is the first project to my knowledge proposing on purpose movement
of sediment to allow sluicing downstream, as compared to upland di~posal of sediment from a pond.
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Blockedhttp://www.nae.usace.army.mil/Portals/74/docs/regulatory/PublicNotices/NAE-2012-2550.pdf
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Edward Reiner
Senior Wetland Scientist
USEPA ·
5 Post Office Square . .
Suite 100 (OEP06-3)
,
Boston, MA 02109-3912
Ph. (617) 918-1692
Fx. (617) 918-0692
'
e. Reiner.~d@epa.gov <mailto:Reiner.Ed@epa.gov>
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Donna LaScaleia
Director
August 27, 2018
Department of the Army
CITY OF NORT HAMPTON, MASSACHUSETTS
DEPARTMENT OF PUBLIC WORKS
125 Locust Street
Northampton, MA 01060
413-587 -1570
Fax 413-587-1576
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Ne.w England District-Corps of E:p.gineers
' 696 Virginia Road
Concord,MA01742-2751 ·
Attention: Paul Sneeringer
RE: · Smith College -Paradise Pond Sediment Management Plan, Northampton,.MA
Comments on Public Notice NAE-2012-2550
Dear Mr. Sneeringer:
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The City of Northampton Department of Public Works (D~W) welcomes the opportunity to comment on
the above I"eferenced project. The DPW has appreciated being included in the planning and development
process for the sediment management,project and is generally in support of the proposed project as "·,:
documented in the Individual Per1nit Application. The following comments are intended t.o provide input
for the USACE Individual Section 404 Permit conditions. A public hearing is not being requested.
The ''Mill River ·~B, Mill River Diversion, .Smith College Dike ·-Northampton, MA'' Flood D·amage
Reduction Segment begins as an earthen dike ·downstream of the Paradise Pond Dam and extends
southward along the east bank of Mill River about 1, 100 feet to West Street. A Diversion Canal is used to
divert the Mill River, which begins around Hebert Avenue and extends to South Street approximately
3,000 feet in length, where a 19.5 foot high Drop Structure (concrete spillway) is located for channel
grade control. The Mill River then flows from the Drop Structure, approximately 1.5 miles to the Oxbow ·
on the Connecticut River. Based on the 1939 flood control system design plans and the 1978 FEMA
Flood Insurance Study, the slope of the Mill River between Paradise Pond Dam and West Street is
approximately 0.24o/o. Between West Street and the Drop Structure the ~lope decreases significantly to
approximately 0.14%, thus significantly decreasing sedime11t mobility in that Segµlent. .
The DPW's concerns with the proposed sediment sluicing project are related to potential sediment
. accumulation in the flood control channel, primarily behind the Drop Structure, within the Diversion
~anal, given the clecreased slope of that segment of the Mill River. The segment of.the channel
downstream of the Drop Spucture to the Oxbow Bridge is not of primary concern to the DPW related to
' . sediment ·accumulation since it receives backwater from the Connecticut River and the channel capacity is
adequate. Sediment ?-Ccumulation has the potential to redu.ce flood flow capacity by reducing the cross-
sectional area of the channel and/or creating sediment islands within the channel on which vegetation
· could e$tablish. As the Federal Sponsor, the City of Northampton is ultimately. responsible for the
. ongoing .maintenance and operation of the flood control system.
,
.
Pg.1 /2, M:\Smith College\Paradise Pond Sed iment Mgmt\USACE\lndividual Permit\Letter Sneeringer 20180827 Public
Comment doc
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August 16, 2018
Paul Sneeringer
The DPW requests the following to occur prior to the issuance of an Individual Pennit to give th·e DPW
an opportunity to evaluate the predicted impacts to the downstream channel:
•
• A REC-RAS sediment transport model shall be developed and results shall be provided to the
City. The inodel should by run witl1 seve~al sluicing alternatives to ~valuate the effects of a range
of potential sto11n scenarios and sensitivity analyses using various grain size distributions from
the pond sediment. The HEC-RAS model area shall extend from Paradise P9nd Dam to the :Prop
Structure. At a minimum, scenarios should include an example 1-year frequency storm and a 10-
year design sto11n. Ideally, severaJ months of historical flow data during typical storm events
would provide information on anticipated sediment movement through the segment. Initial model
conditions should consist of the permitted annual sedini~nt .release volume in the plunge pool.
The model results sl1ould depict longitudinal sediment profiles and volumetric analysis of
sediment discharged over the Drop Structure an·d r~t<:l:ined in · the system upstream of the Drop
Structure.
The DPW requests the following provisions be included in the Individual Permit approval to provide a
mechanism for the DPW's involvement in the Paradise Pond sediment management project, and require
Smith College to perfor1n remedial action in the case of unwanted sediment accumulation in. the Mill
River channel downstream of Paradise Pond Dam that .negatively impacts the capacity, functionality, or
maintenance of the flood control system:
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• Annual cross-section monitoring at Sites 1 and 2 as identified in the ''Paradise Pond Sediment
Monitoring Project 2017 Report." The City requests an additional monitoring station be added in
between Site 1 and Site 2 to monitor mid-reach sediment ·~ccumulation. The annual report
provided to the DPW should include cross-sectional figures depicting sediment depths and
volumetric sediment accumulation estimates within the Diversion Canal, to be reported in
cumulative totals since the commencement of sluicing operations under the USACE Individual
Permit. ·
• A conditional requirement for Smith College to fund, pe11nit, and otherwise be responsible for
dredging or maintaining the Dive~sion Canal should sediment releases from Paradise Pond result
in unacceptable sediment accumulation within the channel. The threshold for unacceptable
sediment accumulation shall be if greater than 50% of any cross-sectional area below the
Ordinary High· Water Mark contains sediment compared to baseline conditions (pre-
authorization under the Individual Permit). Remedial action shall be implemented if the above-
mentioned sediment accumulation condition is persist~nt over a 2 year monitoring period.
,.
We are looking forward to our continued coordination with Smit~ College and the Corps on this project. I
can be reached at 413-~87-1570 ext. 4310 or at dve~eta@horthamptonma.gov .
,
Sincerely,
David Veleta, P .E., City Engineer
cc:
. .
Donna LaScaleia, Director of Public \Vorks
Kristine M. Baker, P .E.,. Assis~nt Civil Engineer
Pg.2/2, M:\Smith College\Paradise Pond Sediment Mgmt\USACE\l ndividual Perm it\Letter Sneeringer 20180827 Pub li c
Comment.doc
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Sneeringer, Paul J CIV USARMY CENAE (US)
From: vonOettingen, Susi <susi_vonoettirigen@fws.gov>
• Sent: Thursday, September 06, 2018 8:33 AM
To:· Sneeringer, Paul J CIV USARMY CENA.E (US) .
Subject: Re: [Non -Do _D Source] Re: [EXTERNAL] Smith College -Paradise ~and Sedimentation ·
Management· Program (NAE-201.2-2550) -Coordination on Section 7 Consultation
Process
Categories: R·emember this
Good morning, Paul.·
.
Thanks for digging into the DWM information. Yes, I agree that the project would have no effect. No further consultation
ne~essary.
Susi
***************************************
Susi van Dettingen
Endange·red Spec.ies 'Biologist
New England Field Office
70 Commercial Street, Suite 300
Concord,, NH 03301
(W} 603-227-6418
(Fax) 603-223-0104
Blockedwww.fws.gov/ newe ngla nd <Blockedhttp://www.fws.gov I newe ngla nd> •
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. On Wed, Sep 5, 2018 at 5:01 PM Sneeringer, Paul J C.IV USARMY CENAE(U.S)<Paul.J.Sneeringer@usace.army.mil
<mailto:Paul.J.Sneeringer@usace.army.mil> >wrote: ·
Susi:
. .
Based upon your recommendation I contacted Pete Hazelton with MassWildlife to check ·what information . . .
the State has on the · presence of dwarf wedgemussel downriver of Paradise Pond on the Mill Rive.r in Northampton, . . Massachusetts.
After talking with Pete, it is my understanding that the segment of the Mill River between Paradise Pond
and the Route 10 Bridge {including the Corps Mill River Diversion Channel} is not considered appropriate habitat for . .
. dwarf wedgemussel. Smith College has conducte~ freshwater mussel surveys of this river section over the past 2-4
years and have not found any dwarf wed.gemussel populations .
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Pete .indicated that the historic dwarf wedge mussel populations were found downriver of the Route 10
Bridge in areas flooded from the Connecticut River. Conditions in these areas appear to be controlled more by the . . .
backwater conditions from the Connecticut River than from the outflow from the Mill River .
.
Susi, the primary goal of Smith College's Paradise Pond Sediment Management Program is to .redistribute
bottom sediments within Paradise Pond and to utilize the low-fl·ow outfall at the dam in order to promote the .sluicing of .
more bottom sediment downriver. Using the proposed sediment management program methodology, Smith College
hopes to be able to sluice between 1,500 and 3,000 cubic yards of accumulated sediment per year. This would .
constitute a fraction of t~e normal sediment transport budget for the Mill River.
If the downrive.r segment of the Mill River, is not appropriate dwarf wedgemussel habitat, and areas
downriver of the Rout·e 10 Bridge are far enough from Smith College's undertaking to be outside of the action area for .
this project, then I believe that the Paradise Pond Sediment Management Program will. have no effect on dwarf
wedgemussel populations. Please let me know if you concur with this determination OR if you would like to have a
fo.llow-up discussion on this project wi.th Misty-Anne Marold and/or Pete Hazelton with MassWildlife. Thanks.
. .
Paul Sneeringer
{978) 318-8491
.
From: vonOettingen, Susi [mailto:susi_vonoettingen@fws.gov <mailto:susi_vonoettingen@fws.gov>]
Sent: Tuesday, September 04, 2018 ·7:50 AM ·
To: Sneeringer, Paul J CIV USARMY CENAE{US)<Paul.J.Sneeringer@usace.army.mil
<maifto:Paul.J.Sneeringer@usace.army.mil>>
'
Subject: [Non-DoD Source] Re: [EXTERNAL] Smith College -Paradise Pond Sedimentation Management Program
{NAE -2012-2550) -Coordination on Section 7 Consultation Process ·
• Good morning, Paur.
Thanks for your detailed and thoughtful email. I agree that for both small whorled pogonia and the northern
long-eared bat the Corps' determination of no effect is correct. With respect to the mussel, I'm not sure .. Have you
checked with Pete Hazelton from MADFW to find out what the state has for info re: the .status ·down river? I know it has
not been seen fo.r years, but there are state listed species below the the spillway dam.
. .
If he does not think the DWM are historical, then a not likely to adversely affect would be the correct . .
determination I think, as long as sediment is captured and not released below the qam.
Susi
***************************************
Susi van Dettingen
Endangered Species Biologist
Ne~ England Field Office
70 Commercial Street, Suite 300
Concord, NH 03301
{W} 603-227-6418
{Fax) .603 -223-0104
BlockedBlockedwww.fws.gov/n ewe ngl~ nd <Blocked http ://Blockedwww.fws.gov/newe ngla nd>
<Blockedhttp://.Blockedwww.fws.gov/newengland<Blockedhttp://www.fws.gov/newengland> >
2
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On Fri, Aug 31, 2018 at 6:06 PM Sneeringer, Paul J CIV .USARMY CENAE {US) <Paul.J.Sne~ringer@usace.ar'my.mil .
<ma ilto: Pa ul.J .Sneeri nger@.usace .a rmy .m ii > <ma ilto: Pa ul.J .Sneeringer@usace.a rmy.m ii
<mailto:Paul.J.Sneeri'ng~r@usace .army.mil >> >wrote:
Susi:
.
I am currently reviewing a proposal from Smith College for a 10-year Sediment Management Program
for Paradise Pond on the Mill River in Northampton, Massachusetts. Under this Sediment Management Program , Smith
Cofleg~ would be quthorized to regrade areas of Paradise Pond ; to mechanically redistribute bottom sediments ·within
the pond and the existing plunge pool (downriver of the Paradise Pond Dam); and to utilize the existing low-flow· outfall
during periods of high flow in · order to promote the downriver transportation of accumulated bottom sediments from
the pond. The goal of this program is to maintain a 2-foot minimum normal pool depth throughout Paradise Pond in
order to support existing recreational and a~ademic uses. ~sing this Sediment Management Program, Smith College
h.opes to be able to sluice an additional 1,500 to 3,000 cubic yards of bottom sedir1:1ents downriver per year.
Based upo·n a review of the IPaC on-line site, Paradise Pond contains potential habitat for Northern . .
long-eared bat {Myotis septentrionalis), dwarf wedgemussel (Alasmidonta heterodon), and small whorled pogonia · . .
(lsotria medeoloides). Bottom sediment redistribution activities will be completed in open-water portions of Paradise . . .
Pond with construction access along existing roadways and/or trails. Sluiced sediment will be transported downriver
· into previously channelized areas where the Smith ~allege dikes and the Mill River Diversion Channel (both part of the
Corps ·Northampton Local Flood Protection Project) are located and eventually into the Mill River outfall channel.
My initial thought is that the Smith College -Sediment Management Program will have no effect on US
. .
FWS endangered or threatened species. This project does not involve any tree-clearing activities, so there .will be no
effect on Northern lo .ng-eared bats. I don 1t believe that open-water and near shore areas of Paradise Pond are
appropriate habitat areas for small whorled pogonia. Finally Smith College has been conducting freshwater shellfish
survey within Paradise Pond and in downriver sites for the past 2-4 years and no dwarf wedge mussels have been.
documented as part of these surveys. I wonder if dwarf wedge mussels completely dead out in the downstream section . . . .
of the Mill River .
•
Please let me know if you concur that the Paradise· Pond -Sediment Management Program will have no
effect on small whorled pogonia or dwarf wedgemussels OR let me know if you recommend that I should develop an
informal Section 7 co 'nsultation package for this project. I have include a copy of the· plan drawings for this program as
well as t~e two summary reports from Smith College's 2017 freshwater shellfish surveys (in the June 18, 2018 response
to comments package to assist with your review of this project. Please let me know if you need any additional
docurnentation. in order to complete your review of this issue or if you have any diffic~lty accessing the attached· files .
Thanks.
.
Pa .ul Sneeringer
(978) 318-8491
3
•
Sneeringer, Paul J CIV USARMY CENAE (US)
.
From: Mike R Johnson -NOAA Federal <mike.r.johnson @noaa.gov >
Sent: Friday, September 07, 2018 10:42 AM
To: Sneeringer, Paul J CIV USARMY CENAE .(US)
Cc: Alison Verkade . .
Subject: Re: [Non-DoD Source] Re: FW: Smith College -Paradise Pond Sediment Management
Program (NAE-2012-2550) -Coordination on EFH Consultation Process
.•
Just like all projects, you still need to submit an MFR/EFH determination sheet if you use the EFH programmatic
consultation : I'm not. sure which a·ctivity category you intend .tq use, but you need to check the qualifications for . .
whatever activity you use to ensure it fi~s. Each activity has thresholds and conservation · recommendations that apply, so . .
you 'll want to see how those might fit into th·e activity you are authorizing. We don't provide recommendations to you
·for each programmatic consultation activity, they are already in.eluded.
Does that make sense to you? If .not, m~ybe a call to discuss will help.
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Mike
On Fri, Sep 7, 2018 at 9:53 .AM Sneeringer, Paul J CJV USARMY CENAE{US)<Paul.J.Sneeringer@usace.a·rmy.mil
<mailto:Paul.J.Sneeringer@usace.army.mil> >wrote:
Mike: •
I.want to make sure that I und.erstand what you are saying in your comment letter.
Please confirm if you are saying that Habitat Conservation has no specific EFH Conservation
Recommendations for the Smith College -Paradise Pond Sediment Management Program and no further EFH .
Consultation is necessary for this project.
Feel free to contact me if you have any .questions about this e-mail. Thanks.
Paul Sneeringer
{978) 318-8491
-----Original Message-----
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From: Mike R Johnson -NOAA Federal [mailto:mike.r.johnson@noaa.gov <mailto:mike.r.johnson@noaa.gov>]
~ent: Friday, September 07, 2018 9:26 AM
To: Sneeringer, Paul J CIV USARMY CENAE {US) <Paul.J.Sneeringer@usace.army.mil
<mailto:Paul.J.Sne~ringer@usace.army .mil> >
Cc: Alison Verkade <alison.verkade@noaa.gov <mailto:alison.verkade@noaa.gov> >
Subject: [Non-DoD Source] Re: FW: Smith College -Paradise Pond Sediment Manage.ment Program {NAE-2012-
2550) -Coordination on EFH Consultation Process
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Paul,
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If there is an· existing DOD authorization for the dam or any of the water management features I th~nk activity #1
for maintenance/repair of structures makes sense. If not, possibly activity #8 for residential, commerci~I, institutional .
develbpments, recreational facilities .. If you are using the EFH pro.grammatic, you sh.ould be applying it to the categories
in the EFH programmatic, not the Corps' GP activity (in some cases they are the same, but not.always).
. .
Just a point of clarification, in an EFH consultation the action agency should be looking at the effects to the
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habitat and not the species. Even in cases of impacts to the sp·ecies (e.g., temperature, turbidity), the real focus is how a . .
project may adversely effect the habitat (e.g., the water column).
.
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Based on wha·t you've described it appears the project area is a historically-accessible tributary of the CT River
(oxbow/tributary), so would qualify as EFH for Atlanti~ salmon. However, based on the. location I don't think·we'll need
to offer EFH con·servation recommendations .
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Mike
I
On Thu, Sep 6, 2018 at 4:44 PM Sneeringer, Paul J CIV USARMY CENAE (US) <Paul.J.Sneeringer@usace.army.mil
<ma ilto: Pa ul.J .Sneeringer@usace.army.m ii> <ma ilto: Pa ul.J .Sneeringer@usace.a rmy.m ii
<mailto:Paul.J.Sneeringer@usac·e.army.mil> > > wro.te:
. Alison and Mike:
.
I am current.ly reviewing a proposal from Smith College for a 10-year Sediment Management Program
for Paradise Pond on the Mill River in Northampton, Massachusetts. Under this Sediment Management Program, Smith . .
College would be authorized to regrade areas of Paradise Pond; to mechanically redistribute bottom sediments within
•
the pond and the existing plunge pool (downriver of the Paradise Pond Dam); and to utilize the existing low-flow outfall
during periods of: high flow in order to promote the downriver transportation (sluicing) of a·ccumulated bottom
sediments from the pond. The goal o.f this pr~gram is to maintain a 2-foot minimum normal pool depth throughout
Paradise Pond in order to support existing recreational and acaderl}ic uses. Using t -his Sediment Management Program, . .
Smith College .hopes to be able to sluice an additional 1,500 to 3,000 cubic yards of bottom sediments downriver per
year.
The Mill River is a tributary of the Conn~.cti~ut River. Do~nriver of the Paradise Pond Dam, th~ Corps
constructed the Mill River Diversion Channel to· divert the mouth of the Mill River away from downtown Northampton
and instead to outfall into the. Oxbow. The downstream end of the Mill River Diversion Channel includes an 8-10 foot
·dam/drop structure (under the Route 10 Bridge). This dam restricts upriver fish migration from the Connecticut Riyer.
The Mill River Diversion Channel dam is located approximately 0.9 miles downriver of the Paradise Pond Dam. The Mill . .
River enters the Oxbow approximately 2.4 miles ·downriver of the Paradise Pond pam.
I am having diffi·culty figuring out how to best c,lassify ·this non-tidal sediment sluicing project under the
April 201-7 Essential Fish Habitat (EFH) Programmatic Consultation Process. Is it best classified as a repair and
maintenance project (General Permit #1), dredging and disposal· project (General Permit #5), a recreational facility
project (General Permit #8), an environmental restoration project (General Permit #23), or none of the above. I am . .
trying to figure out if this project is eligible for programmatic or individual EFH consultation. This project does not . .
involve impacts to· tidal submerged vegetatiof1, tidal special aquatic sites, or intertidal areas. As stated above, ~his . .
project should not impact anadromous fish migrations. On the other hand, do I need to consider impacts to non-tidal
natural rocky ~abitats or existing fre.shwater mussel beds within the Mill River?
. Beyond this, I am not sure how to apply appropriate erosion control and sedimentation requirements . .
to a sediment slicing project. The primary purpose for the sediment management program is to promote the sluicing of
additional bottom sediment from Paradise Pond. The approximate 1,~00 to 3,000 cubic yards of bottom sediments that
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Smith College hopes to sluice each year is only a fraction of the tota.1 sediment that is transported over the dam each
. year.
My initial thought is that Smith College 1s Paradise Pond Sediment Management Plan will have limited
impacts on EFH species within the Connecticut River and downriver sections of the Mill River. I am contacting you to
see if you feel that this determination is reasonable OR if you feel that I need to do a more detailed analysis· of
• •
secondary turbidity· impacts associated with sediment sluicing operations. I have included a copy of the Corps public
notice package to assist with your review. Please let me know if you need additional documentation in order to
c~mplete your review of this issue. Thanks.
--
Paul Sneering.er
{978) 318-8491
Michael R. Johnson
U.S. Department of ComJ!lerce
NOAA Fisheries
Greater Atlantic Regional Fisheries Office
Habitat Conservation Division
55 Great Republic Drive
Glouces~er, MA 01930
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978-281-9130
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mike.r.johnson@noaa.gov <mailto:mike.r.johnson@noaa.gov> <mailto:mike.r.johnson@noaa.gov
<mailto:mike.r.johnson@noaa.gov> > ·
BI o c ke d h·tt p ://BI o eked www. g rea te rat I antic : fisheries.no a a .gov I
<Bio.ekedhttp://www.greateratlantic.fisheries.noaa.gov/>
<Blockedhttps://lh6.googleusercontent.com/pRYs5-
pllxGWFD8vB_uenU70kEWF09TSzG92.ICN9jhth_ T2gUvODn1-
QsEK_K008bD2q8mXkreCdMsdEyb89wAg3B_PKC39aAbTRcfOF6klTVALlwSw .. .
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Sneeringer, Paul . J CIV USARMY CENAE (US)
From:
Sent:
To:
Subject:
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Categories:
Hi Paul, ·
,
Zachary Jylkka -NOAA Federal <zacharyJylkka@noaa.go.v> .
Friday, September 0 7, 2018 11 :28 AM ·
Sneeringer, Paul J CIV USARMY CENAE (US)
[Non -DoD Source] Re: Smith College -Paradise Pond Sediment Management Program
(NAE-2012-2550) -Coordination on Section 7 Consultation Process
Remember this
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Following our phone conversation this morning, I do not see a plausible pathway for this project to impact ESA-listed
species or critical habitat. I do not believe a consultation is necessary .
Regards,
Zach
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On Thu, Sep 6, 2018 at 1:12 PM Sneeringer, Paul J CIV USARMY CENAE (US) <Paul.J.Sneeringer@usace.army.mil. . .
<mailto:Paul.J.Sneeringer@usace.army.mil>> wrote:
Zach:
I
I am currently reviewing a proposal from Smith College for a 10-year Sediment Management Program for
Paradise. Pond on the Mill River in Northamptor:i, Massachusetts. Under this Sediment Management Program, Smith . .
College would be authorized to regrade areas of Paradise Pond; to mechanically redistribute bottom sediments within .
the po.nd and the ex,isting plunge pool (downriver .of the Par~d ·ise Pond Dam); and to utilize the existing low-flow outfall .
during periods of high flow in order to prorDote the downriver transportation (sluicing) of accumulated bottom
sedimen~s from the pond. The goal of this program is to maintain a 2-foot minimum normal pool depth .throughout . .
Paradise Pond in order to support existing recreational and academic uses. Using this Sediment Management Program,
Smith College hopes to be able to sluice an add.itional 1,500 to 3,000 cubic yards of bottom sediments downriver per
year.
•
Th·e Mill River is a tributary of the Connecticut River. Downriver of the Paradise Pond Dam, the Corps
constructed the Mill River Diversion Chann~J to divert the mouth .of the Mill River away from downtown Northampton
and instead tb outfall into the Oxbow. The downstream end of the Mill River Diversion Channel .includes.an 8-10 foot
•
dam/drop structure (under the Route 10 Bridge). This dam restricts upriver fish migration from the Connecticut River.
The Mill River Diversion Channel dam is located approximately 0.9 miles downriver of the Paradise Po rid Dam. The Mill
River enters the Oxqow approximately 2.4 miles downriver of the Paradise Pond barn . .
The section. of the Connecticut River adjacent to the Ox b·ow is documented shortnose sturgeon habitat.
Atlantic sturgeon are restricted from this area by the downriver Holyoke Dam.
The primary purpose for the sediment management program is to promote the sluicing of additional
bottom sediment from Paradise Pond. The approximate 1,500 to 3,000 cubic yards· of bottom sediments that Smith
College hopes to sluice each year is Of:1IY a fraction of the total ·sediment that is ·transported over the dam each year.
My initial thought is that Smith College's Paradise Pond Sediment Management Plan will have no effect on
shortnose sturgeon populations within the Connectic~t River and downriver. sections of the ·Mill River. I am contacti'ng
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you to see if you feel that this determination is reasonable OR if you feel that I need to expand the action area to more
fully cor:isider secondary turbidity impacts to shortnose sturgeon habitat areas. I have included a copy of the Corps
public notice package to assist with your review .. Please let me know if you need additional documentation in order to
complete your review of this issue. Thanks.
--
Paul Sneeringer
{978) 318-8491 .
Zach Jylkka
Fisheries Biologist
Protected Resources Division
Greater Atlantic Regional Fisheries Office
NOAA Fisheries
Gloucester, MA 01930
zachary.jylkka@noaa.gov ·<mailto:zachary.jylkka@~oaa.gov>
.
office: (978) 282-84.67
.
For additJonal ESA Section 7 information and Critical Habitat guidance, please see:
BI o c ke d www .g re ate rat I antic.fisheries.no a a .gov Ip ro tect e d I section 7
<BI o eked http://www.gre ate rat I antic.fisheries: no a a. gov Ip rotecte d/ section 7 >
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The Commonwealth of Massachusetts
William Francis Galvin, Secretary of the Commonwealth
Massachusetts Hist·orical Commission
September 7, 2018
Barbara Newman
Chief, Pern1its & Enforcement, Regulatory
US Army Corps of Engineers
696 Virginia Rd
Concord, MA 01742-2751
Attn. Paul Sneeringer
5 .
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RE: Paradise Pond Sediment Management Program, Northampton, MA .. IvlHC #RC.4576.
CE-NAE-R-2012-2550.
Dear Ms. Newman:
. . .
Staff of the Massachusetts Historical Commission (MHC) have reviewed the information submitted for
the project referenced above.
The project consists of dewatering Paradise Pond up t~ once a year and to redistribute bottom sediments.
Equipment will B:ccess the pond from the existing boat ramp adjacent to the athletic fields.
Review of.the information submitted and review of the .rvffiC's files indicate that the project is adjacent to
the Smith College area .(MHC #NTH.C). The .rvffiC previously offered its staff op.inion that the Smith
College area meets the National Register Criteria of Eligibility (36 CFR Part 60). The project is also
adjacent to the Elm Stree~ Area (South) (NTH.F), which has not been evaluated by .rvffiC staff for
National Register eligibility. The portion of Elm Street Area (South) that adjoins Paradise Pond coincides
with the Smith College area. · ·
.
The .rvffiC recommends that the Corps make a determination of ''no adverse effect'' for the undertaking.
These comments are offered to assist in compliance ,vvith Section 106 of the National Historic
Preservation Act of 1966 as amended (36 CFR 800) and M.G.L. c. 9, ss. 26-27C (950 C:MR 71). Please
contact Edward L. Bell, Deputy State Historic Preservation Officer, if you have any questions or need
more information.
Sincerely,
4
·Brana Simon
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State Historic Preservation Officer
Executive Director
c; C' p ·i •j :: ·i C• ~-· r: ,-. L-) 'i' I • -!..,. • -~ t t I '• I f91 f f J -.. ·---··'
Massachusetts Historical Commission
xc: Northampton Historical Commission ·
220 Morrissey Boulevard, Boston, Massachusetts 02125
(617) 727-8470 •·Fax: (617).727-5128
www.sec.state.rna.us/nihc .
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Sneeringer, Paul J CIV USARMY CENAE .(US) .
From:
Sent:
To:
Cc:
Subject:
Marold, Misty-Anne (FWE) <misty-anne.marold@state.ma.us>
Tuesday, S~ptember 2 5, 2018 11 :27 AM
Briscoe Lang
Sneering er, Paul J Cl\f USAR~Y CENAE (US); Kristine Baker; Gary Hartwell; Sarah Pierce;
Newton, Robert; Cameron, David (DEP); Foulis, David (DEP); Stinson, Mark (DEP)
[Non -DoD Squrce] NOi & MESA filing for REVISED Paradise Pond, .sediment
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Redistribution
RE: NHESP· 10-27790, Northampton, Paradise Pond
. Briscoe,
I wanted to update you on the status of our MESA review of this revised project. The project review was initiated in 2013
and we issued an experimental determination. The revised filing was submitted to reflect the changes in the project. We
· anticipate issuing a determination under the WPA 310 CMR 10.59 and MESA 321CMR10;18 that requires adherence to
specific conditions as the experimental portion is now completed. At this time, the submitted MESA .and WPA filings are
incomplete and we require additional informati.on to proceed.
I
1) As we are now more than five years from the 2013 submission of a filing fee, the MESA Application is incomplete . .
until we receive a filing fee for the revised project. For us to issue a formal' determ.ination, we will n·eed to receive a
filing fee based upon the average of the work area ~ The filing · lists 9.39 acres, which places this into· the "Complex" MESA
' . .
fee category {Blockedhttps://www.mass.gov/how-to/how-to-file-for-a-mesa-project-review). {MESA only}
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2} The drawdown is proposed to occur between October and M·ay. As this is typicall·y the highest water levels in a
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given year, does the outlet have the capacity to actually maintain a consistent Yi pool depth given the watershed inputs
during this time of year? If not, would a pump be used to maintain the drawdown condition?
3} What are the consequences to the project and work if the work-area is inundated during the drawdown? What . '
measures will be implemented to address these?
4) . In the NOi and MEPA· filing in the Revised Sediment Mangement Protocol (page 3,. number 4), the f iling has the
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following statement ''Large storms resulting in rapid sediment accumulation may require interim ·
drawdown/redistribution events." Can you please explain what this means? Is this meant to say that the project many
need 1/yea·r re -distribution or that it could occur more than 1/year? Does this ·mean to suggest there could be
redistribution events outside of the proposed time of year {October through May).
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5) WiJI any machinery entering the river/pond be required to change hydr·aulic fluids to biodegradable ones? If not,
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please explain why this is not possible~ · .
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From a larger watershed perspective, the project is proposing a (potentially) annual drawdown of Paradise Pond. While
not intended for vegetation management, the result to the watershed is the same. For drawdowns, the reference used
by ConComms is usually the GEIR for Lake and Pond Management (GEIR:
Blockedhttps://www.ma.ss.gov/files/documents/2016/08/pm/main-geir.pdf). These criteria were developed to guide
projects such as this to avoid i'mpacts to fish and wildlife resources. I was unable.to find ·a ~pecific mention of these . .
criteria or a discussion of how the project can· meets the relevant WPA performance standards without· meeting these
critieria." Below are the key dates described in the GEIR. ·
* Commence ·drawdown after the beginning of Novem.ber.
..
* Achieve the target drawdown depth by the beginning of December . •
* Achieve f u 11 la ~e I eve I by the· begin n'i ng Qf Ap ri I. ·
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* Keep outflow during drawdown below a discharge equivalent to 4 cfs per square mile of watershed . Once the
target water level is achieved; match outflow to inflow to the greatest extent possible, maintaining a stable water level. . .
* Keep outflow during refill above a discharge equivalent to 0.5 cfs per square mil~ of watershed .
. .
Can this project be designed to meet these criteria? If not, please provide information as to how the project will meet
the WPA Performance Standards underlying these crite.ria. The Northampton Conservation Commission should. rev·iew
thjs during their he9rings on this case and our Fisheries staff can provide additional guidance to them upon request .
. ,
Our formal review of the MESA and WPA filings .will commence once. the. above-noted items are satisfied. In the
meantime, we will issue letter for the proposed .ENF.
Best, Misty-Ann e
Misty-Anne R. Marold .
Senior Endangered Species Review Biologist
Natural Heritage & Endangered Species Program
Massa.chusetts Division of Fisheries & Wildlife
1 Rabbit Hill Road , Westborough , MA 01581
p: (508) 389 ~6356 I f: (508) 389-7890
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mass.go.v/masswildlife <Blockedhttp://www.mass.gov/masswildlife> I facebook.com/masswildlife
<Blockedhttp://www.facebook.com/masswildlife>
From: Briscoe Lang [mailto:blang@parecorp.com]
Sent: Monday, July 09, 2018 8:13 AM . .
To: Sneeringer, Paul J CIV USARMY CENAE (US); Cattano, Andrew M CIV CENAE CENAD (US); Newton, Robert; Gary . .
Hartwell; Kristine Baker;. Marold, .Misty-Anne (FWE); Sarah Pi ·erce
Cc: Gay, ·oara EC.IV USARMY CENAE {US) . .
Subject: RE: Smith College -Paradise Pond Dredged Material Disposal Program (NAE-2012-2550) -Discussion of
Supplemen~al Information Package
Thanks Paul .
..
,
I am forwarding the call in information to Kris Baker from the Ci.ty of Northampton and to Misty-Ann Marold, both of .
·whom indicated that they would like to participate if they are available. ·
Tai~ to you tomorrow.
-Briscoe.
,
Briscoe B. Lang, ~ws
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Principal Environmental Scientist
Pare Corporation
8 Blackstone Valley Place
Lincoln, RJ 02865 ·
(401) .334-4100 (phone)
{401) 334-4108 (fax)
Blockedwww·.parecorp.com
3
0 :::.c: ~~' ~ v Engineers I Scientists I Planners
PA R E C 0 R ·p. C 0 M CORPORATION
September 26 , 2018
Commonwealth of Massachusetts .
Natru·al Heritage & Endangered Species Program
Massachusetts Division of Fisheries & Wildlife
I Rabbit Hill Road, Westborough, MA 01581
Attn: . M.isty-Anne .Marold
RE: Paradise Pond Sediment Management
•
Northampton, Massachusetts
NHESP 10-27790
DEP File No. Not Yet Assigned
Pare Project.No. 12148.0l
Dear Ms. Marold:
.
Thank you for the update on the status of your :rvIBSA review of the Paradise Pond Sediment
Management Protocol. ·In response to your request for additional information we offer the
following, in Comment:Respo.nse form'\t.
Comment: As we are now more than five years from the 2013 submission of a filing fee, the :rvIBSA .
Application is incomplete until we receive a ·filing fee for the revised project. For us to issue a
formal determination; we will need to receive a filing fee based upon the average of the work area.
The filing lists 9.39 ~cres, which places this into the ''Complex'' :rvIBSA. fee category
(https ://www.mass.gov/how-to/how-to-file-~or-a-1nesa-proj ect-review ) .. {MESA only}
Response: Based on information obtained from the link~d webpage activities affecting between 5
and 20 acres require an Intermediate MESA Review filing with an associated application fee of
$1 ,800.00. A check in the amount of $1,800.00 made payable to ''Comm. of MA-NHESP'' is
being mailed to the Division of Fisheries and Wildlife, Attn: Regulatory Review, 1 l_"{aqbit Hill Road
. Westborough, MA 01581 on thi~ date. ·
Comment: The drawdown is proposed to occur betwe~n October and May. As this is typ~cally the
highest water levels in a given year, does the .outlet have the capacity to actually maintain a
consistent Yi pool depth given th~ watershed inputs during this time of year? If not, would a pump
be used to maintain the drawdown condition?
. .
Response: Flow rates in the Mill River vary widely throughout the year. Smith would only start a
drawdown for mechanical redistribution when flows are below average (approximately 100 cubic · . .
feet per second ( cfs )). Pumps, siphons, or any other means of bypass other than the lpw level outlet
are not proposed.
8 BLACKSTONE VALLEY PLACE LINCOLN , RI 02865
T 401.334.4100 F 401 .334 .4108
10 LINCOLN ROAD, SUITE 210 FOXBORO, MA 02035
T 508 .543.1755 F 508.543.1881
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NHESP -2 -September 26, 2018
Comment: What are the consequences to the project and work ifthe work-area is inundated during ·
the drawdown? What measures will be implemented to address these?.
Response: There are no adverse consequences to the project . if the Pond fills . during a partjal
drawdown, other than a ·brief delay in the work. The only equipment in the Pond will be a bulldozer,
which will be parked out of the Pond when not in use (i ~e.~ 01:1tside of working hours). If a
significant rainfall is expected, work will be suspended and the equipment remo~ed from the Pond
until river flows recede to a level that would allow drawdown to recommence (well below 200 cfs).
Please note that it does take many hours for a significant rainfall to alter flows through the Pond. As
an example, Smith recently experienced a 3" rainfall which started just before midnight ·on
I
9/17/2018 an4 ended ·before noon on 9/18 /2018. Flow was at 60 cfs at the beginning of the rain
event. Peak flow was appro~ately 2200 cfs .at 12:15 PM on Tue 9/18 and had receded to be.low
200 cfs by approximately 1 :00 AM, on 9/20/18. Similarly, Mill River flow on the morning of
9 /25/2018 was at 90 cfs. :By approximately 4:30 that day Smith had received 1.54" of rain. The.
USGS station reported 180+ cfs flow at 2: 15 PM, 344 · cfs at 3: 15 PM, and 805 cfs at 4: 15 PM. . .
These examples demonstrate that flows do incre~e quickly once they begin to rise but that there is a
significant delay before that happens, which would allow equipment to be removed from the pond.
S~ith conclu~es that mechanical relocation of sediment can be suspended without adverse
consequences in the e~ent of unanticipated storm events.
Comment: In the NOI and MEPA filing in the Revised Sediment Management Protocol (page 3, . .
number 4), t~e filing has the following statement ''Large storms resulting in rapid sedim ent
accumulation may require interim drawdown/redistribution events.'' Can you please explain what
this means? Is this meant to say that the project many need I /year re-distribution or that it could ·
occur more than 1/year? Does this mean to suggest there could be redistribution events outside of
the proposed time of year (October through May).
Response: This is a recognition that infrequent, inordinately large storm events have the potential to
deposit large amounts of new sediment in those areas most susceptible to deposition. Ifth~s ~ere to
o ccur shortly after a redistributio~ project, Smith would like to have the latitude to address the
accumulation without waiting until the next year, provided that the work can be done within the
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proposed time of year. Smith ~oes not intend to routinely conduct more than 1 sediment re-
dis~ribution project in any given year and hopes to go several years between redistribution projects.
Smith also recognizes, however, that regularly scheduled redistribution efforts will reduce the
amount of work and potential impacts per project and therefore proposes a yearly redistribution
program.
Comment: Will any machinery entering the river/pond be required to change hydrauli.c fluids to
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biodegradable ones? If not, please explain why this is n:ot possible.
Respo~se: Smith will require that all machinery working in the Pond use biodegradable hydraulic
fluids and would accept this a condition of approval .
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NHESP ·-3-September 26, 2018
Comment: From a larger watershed perspective, the project is proposing a (potentially) annual
drawdown of Paradise Pond. While not intended for vegetation management, the result to the
watershed is the same. ·For drawdowns, the reference used by ConComms is usually the GEIR for
Lake and Pond Management ( G.EIR: https :/ /www.mass.gov/files / docmnents/20 l 6/08/p1n/main-.
geir.pdf). These criteria were developed to guide projects such as this to avoid impacts to fish and
wildlife resources. I was unable to find a specific mention of these criteria or a discussion of how
the project can meets the relevant WPA performance standards without meeting these criteria.
Below are the key dates described in the GEIR. ·
' .
• Commence draw down after the beginning of November.
• Achieve the target draw down depth by the beginning of De·cember.
• Achieve full lal(e level by the beginning o.f April.
• Keep outflow during drawdown below a discharge equivalent to 4 cfs per square
mile of watershed. Once the target water level is achieved, match outflow to inflow to
the greatest extent possible, m~taining a stable water level.
• Keep outflow during refill above a discharge equivalent to 0.5 cfs per square mile
of watershed.
Can this project be designed to meet these criteria? If not, please provide infor:1J1ation as to how the
project will meet ·the WPA Performanc.e Standards underlying these criteria. The No1ihampton
Conservation Commission should review this during their hearings on this case. and our Fisheries
staff can provide additional guidance to them upon request.
Response:
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Smith will commit to commencing draw downs after the beginning of November .
Drawdown depth can typically be achieved within 24 holll·s from commencement of
drawdown and therefore the drawdowns will be complete before the beginning of
December.
Depending on flows, full pool could be reestablished within 2 weeks of
initial draw down. With more rainfall (on average) in late fall, this is a very likely
scenario. Therefore, full pond will be achieved by the beginning of April. . . .
Per StreamStats, the Mill River watershed contributing to Paradise Pond is
approximately 54 square miles in size and therefore 4 cfs per square mile (cfs/sm) of .
watershed is slightly greate14 ·than the 200 cfs maximwn capacity of the low water outlet ..
Pond drawdown is not possible if the incoming flow is greater than 200 cfs and
therefore this ~riterion will be met. ·once the target water level is achieved the sluice
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gate can be operated to match incoming flows, ·maintaining a staple water level at a
desired depth. Smith has many years of expe·rience operating the sluice gate in exactly
this fashion and proposes to do so during all mechanical redistribution projects.
A discharge equivalent to 0.5 cfs /sm of watershed equates to 27.5 cfs.,.which is the
threshold to which Stnith has been held in the past. As part of Smith's recent Notice of
Intent ( 4/27/2018) and Order of Conditions (8 /712018) for Water Resources
Maintenance Activities (DEP File No. 246-0715) this threshold·for minimum flow
during refill ha~ been reduced to 13.8 cfs or 0.25 cfs/sm with fill rate restrictions of 0.5
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NHESP -4-September 26, 2018
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vertical ft/hour between 5/15 & 6/15 and 2.07 vertical ft/hour from 6/15 to 9/1. .
Electronic copies of the NOI and Order of Conditions will be provided upon request.
In summary, Smith can meet the above criteria, allowing for the adjustment in minimum
downstream flows during refill.
Thank you for the opportunity to provide the above information. We trust that the foregoing is ·
sufficient to allow formal review of the MESA and NOI applications and we look forward to
receiving your determination under the WP A 310 CMR 10.59 and MESA 321 CMR 10.18. In the
meantime, please ·feel free to contact me with questions .
Sincerely,
Pare Corporation
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Briscoe· B. Lang, PWS
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Principal Environmental Scientist
BBL/ •
cc: Sarah Lavalley, Northampton Conservation Agent (v~a email)
D. Cameron, D . Paulis, M. Stinson DEP Northeast Regional Office (via email)
Paul Sneeringer, U$ Army Corps of Engineers NAE-2012-2550 (via email) . .
Kristine Baker, City of Northampton (via email) . ·
Gary Hartwell, Smith Colle·ge (via email)
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Z:\JOBS \12 Jobs\12148.01 Smith College Paradise Pond Sediment Management Phase 3 -MA\Pennits\NOI\NHESP Streamlined
Revievv\Response to Comments .doc
I
• DIVISION OF
FISHERIES & Wl -LDL.IFE
1 Rabb it Hill Road, Westboro ugh, MA 01581
p: (5 08) 389-6300 ., f: (508) 389-7890
MASS. G OV/M ASSW I LO LIFE
M A SSWI LO LIFE
September 26, 2018 ·
Matthew A. Beaton; Secretary
Executive Office of Energy and Environmental Affairs .
Attention: MEPA Office
Purvi Patel
100 Cambridge Street
Boston, Massachu.setts 02114
Project Name:
Proponent:
Location:
Document Reviewed:
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EEA Number:·
Paradise pond Sedim~nt Management Protocol
The Trustees of Smith Co .liege .
Paradise Pond, ari ·impoundment of the Mill River
Notice of Project Change
15282
NHESP Tracking No.: 10-27790
Dear Secretary Beaton:
,
The Natural Heritage & Endangered Species Program and Fisheries Program of the Massach~setts Division
of Fisheries & Wildlife (the Division) have reviewed the Notice of Project Change for. t 'he Paradise Pond .
Sediment Management Protocol (the Project). qrid would like to offer the folJowing comments.
The Mill River and Diversion of the River between the Paradise Pond impoundment to t _he confluence with
the Connecticut River is within mapped Priority & Estimated Habitat of the following state-listed species:
Taxonomic Group . Scientific Name
Invertebrate Animal: Damselfly Boyeria grafiana
Invertebrate Animal: Dragonfly Gomphus ventricosus
Invertebrate Animal:· Mussel Alasmidonta heterodon
Invertebrate Animal: Mussel
Invertebrate. Animal: Mussel
Invertebrate An ima I: Mussel
Vertebrate Animal: Tu .rtle .
Lampsi/is cariosa
.Ligumia nasuta
· Strophitus undulatus
Glyptemys insculpta
Com·mon Name
Ocellated Darner
· Skillet ClubtaiJ
Dwarf Wedgemussel*
Yellow Lampmussel
Eastern Pondmussel
Creeper
Wood Turtle
State-Status
Special Concern
Threatened
Endangered*
Endangered
Special Concern
Spe~ial Concern
Special Concern
These species and their habitats are protected pursuant to the implementing regulations of the MESA (321 . . .
CMR 10.00) and the ~are species provisions of the WPA: Fact sheets for most state-listed species can be
fo.und. at www.mass.g·ov/nhesp. *The Dwarf Wedgemussel is also. listed pursuant to the federal Endangered .
Species Act (50 CFR 17.11), which is administered by the United Sta~es Fish & Wildlife Service (USFWS).
Over the last several years, the Proponents have conducted a series of experimental impoundment
releases to develop an adaptive management plan for Paradise Pond. The goal was to determine if using
MASSWILDLIFE
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NHESP No. 10-27790, NPC Paradise Pond, page 2 of 2
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the low-level outlet to relea se impounded sed iments during higher flow events would both maintain . •
sufficient depth for the College's recreation and education needs (a minimum water depth of 3 feet below
the spillway elevation) while not harm · (and hopefully improve) downstream habitats. Post .management
monitoring results found that only using the low-level outlet would not mobilize sufficient sediment from ·
the impoundment to be self-sustaining. to meet ttie recreational goals. The Proponents have therefore . . . .
modified the adaptive management plan to include the use of a conventional drawdown to . allow for
mechanical redistribution of sediments into the "active" channel · of the imp·oundment, which is located
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around the north end of the impoundment. The. riverine sediments moved into the "active" channel will
them be mobilized out of the low-level outlet during natural high-flow events. The project would conduct a
drawdown to facilitate the mechanical re-distribution of the sedif!1ent, which may occur an.nually. The
Proponents have also reduced the target water depth to 2 .feet from the initial 3 feet. Tbe results of the
past studies suggest that a balance in the interests can be found, with some potential benefits to the
9verall River habitat below the Smith College Dam.
Based on the data collected to date by the Prqponents1 . we anticipate requiring conditions as to the timing
and frequency of the drawdown, li.mits to the amount of suspended sediments during high-flow event to
avoid smothering downstream mussels, and ongoing monitoring. We are confident that outstanding
details can be resolved during the MESA review process. We will continue to consult with the Proponent
during the MESA review process to develop conditions to avoid .impacts to state-listed species . .
. .
The Division yvill not render a final decision regarding the MESA until the MEPA review process and its .
associated public comment period is complete, and until all required application· materials have been
submitted to the Division. As the MESA review process has not formally initiated, no alteration to the soil,
surface, or vegetation associated with the Project shall occur until the Division has made a final decision
pursuant to 321CMR10.14 ·and .321CMR10.18.
Sincerely,
Thomas W . French, Ph .D.
Assistant Director
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cc: Briscoe Lang, Pare Corporation
David Foulis, MA DEP Western Regional Office, Wetlands
Paul Sneeringer, US Army Corps of Engineers
Sarah LaValley, Northampton Conservation Commission
MASSWILDLIFE
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