Northampton_10-27790.pdf
October 10, 2018
Northampton Conservation Commission
City Hall
210 Main Street
Northampton, MA 01060
The Trustees of The Smith College
c/o Gary Hartwell
Smith College Facilities Management
126 West Street
Northampton, MA 01063
RE: Applicant: The Trustees of The Smith College
Project Location: Paradise Pond (impoundment of the Mill River, Northampton)
Project Description: Sediment Redistribution and Management (2018-2023)
DEP Wetlands File No.: 246-0725
NHESP File No.: 10-27790
Documents Referenced:
• “PARADISE POND LIMITS OF SEDIMENT REDISTRIBUTION SMITH COLLEGE” (dated May
2017, prepared by Pare Corporation, 1 sheet)
• “PARADISE POND SEDIMENT MANAGEMENT NORTHAMPTON, MA” (dated June 2018,
prepared by Pare Corporation, 2 sheets)
• Letter from Briscoe Lang, Pare Corporation. “RE: PARADISE POND SEDIMENT
MANAGEMENT” (dated 9/26/18, received via email)
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the
“Division”) received a Notice of Intent and the above-referenced documents 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 (MESA; M.G.L. c. 131A) and its implementing regulations (321 CMR 10.18).
The Mill River and the diversion of the River between the Paradise Pond impoundment and its confluence with the
Connecticut River is within the mapped Priority & Estimated Habitat of the following state-listed species:
Taxonomic Group Scientific Name Common Name State-Status
Invertebrate Animal: Damselfly Boyeria grafiana Ocellated Darner Special Concern
Invertebrate Animal: Dragonfly Gomphus ventricosus Skillet Clubtail Threatened
Invertebrate Animal: Mussel Alasmidonta heterodon Dwarf Wedgemussel* Endangered*
Invertebrate Animal: Mussel Lampsilis cariosa Yellow Lampmussel Endangered
Invertebrate Animal: Mussel Ligumia nasuta Eastern Pondmussel Special Concern
Invertebrate Animal: Mussel Strophitus undulatus Creeper Special Concern
Vertebrate Animal: Turtle Glyptemys insculpta Wood Turtle Special Concern
NHESP No. 10-27790, Northampton, 10/9/18, page 2 of 3
These species and their habitats are protected pursuant to the implementing regulations of the MESA (321 CMR
10.00) and the rare species provisions of the WPA. Fact sheets for most state-listed species can be found at
www.mass.gov/nhesp. *The Dwarf Wedgemussel is also listed pursuant to the federal Endangered Species Act (50 CFR
17.11), which is administered by the United States 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 sediment entering and settling in Paradise Pond. The goal of past
experiments was to determine if using the low-level outlet to release impounded sediments during higher flow events
would both maintain sufficient depth for the College’s recreation and education needs (a minimum water depth of
three (3) feet below the spillway elevation) while not harming, and hopefully improving, downstream habitats.
Monitoring results found that only using the low-level outlet would not mobilize sufficient sediment to meet the
College’s needs. The Proponents have therefore modified the adaptive management plan (the subject of this filing) to
include the use of a conventional drawdown and a change in target depth. The drawdown will allow for mechanical
redistribution of sediments into the “active” channel around the north end of the impoundment. The riverine
sediments moved into the “active” channel will then be mobilized out of the low-level outlet during natural high-flow
events. The target water depth to meet the College’s needs has been reduced from three (3) feet to two (2) feet. The
results of past studies suggest that a balance in the interests can be found, with some potential benefits to the overall
River habitat below the Smith College Dam.
Based on a review of the information that was provided and the information in our database, the Division has
determined that this project, as currently proposed, must be conditioned in order to avoid adverse effects to the
Resource Area Habitats of state-listed wildlife species (310 CMR 10.58 (4)(b), 10.59) and must be conditioned in
order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). The project shall comply with the
following conditions:
1. Limit of Work. All sediment excavation and movement shall occur within the physical areas shown on the
“PARADISE POND LIMITS OF SEDIMENT REDISTRIBUTION SMITH COLLEGE” plan (noted above). The total volume of
material to be moved in a given year shall not exceed 408,870 square feet, but the specific contours of the
underlying pond as shown in the “PARADISE POND SEDIMENT MANAGEMENT NORTHAMPTON, MA” plan may differ
in any year. Any increase to the total volume of material moved in a given year shall require additional
review and written approval from the Division.
2. Impoundment Drawdown:
a. This authorization allows a single, annual drawdown expected to last up to eight (8) weeks. Any
additional drawdowns, or the need for the drawdown to exceed eight (8) weeks, shall require
additional review and written approval from the Division.
b. Drawdown shall be commenced after November 1st and full, normal pool elevation shall be
achieved by April 1st; however, a single drawdown event is not expected to last longer than eight
(8) weeks.
c. During the drawdown, outflow shall stay below a discharge equivalent of 4 cfs per square mile of
watershed. Once the target water level is achieved, the sluice gate shall be operated to match
incoming flows per Smith College standard practice.
d. Refill of the impoundment shall be consistent with the prior Order of Conditions (DEP File No.
246-0715), which is 13.8 cfs or 0.25 cfs/sm.
3. Prior Notification. At least fourteen (14) days prior to the start of a drawdown, the Massachusetts
Division of Fisheries and Wildlife-Fisheries Section shall be notified in writing and may elect to
sample/remove fish or other aquatic species in Paradise Pond (Contact: Joe Rogers, Connecticut Valley
District Manager, 341 East Street, Belchertown, MA 01007, (413) 323-7632).
NHESP No. 10-27790, Northampton, 10/10/18, page 3 of 3
4. Biodegradable Hydraulic Fluids: All hydraulic machinery working in the Pond shall use biodegradable
hydraulic fluids.
5. Non-biodegradable mesh shall not be utilized within the Resource Areas.
6. The Division maintains the right to require an immediate cessation of Work, in whole or in part, should it
be determined that the final approved plans inaccurately reflect site conditions, standard construction
methodologies, or practical construction considerations sufficient to require a change to the plans.
7. Upon filing for any Renewal, Extension, or Amendment of the Wetland’s Protection Act Orders of
Conditions. The Applicant shall contact the Division for written response regarding impacts to Resource
Area habitat of state-listed wildlife prior to issuance of a Renewal, Extension or Amendment to the Order
of Conditions.
8. Authorization Duration. This authorization is valid for 5 years from the date of issuance. Work may be
completed at any time during this 5-year period in compliance with the conditions herein. Thereafter, the
applicant shall re-file under the MESA.
Provided these conditions are included in any approving Orders of Conditions issued by the Conservation
Commission, and the Applicant complies with all the above noted conditions, the project will not result in an
adverse impact to the resource area habitats of state-listed wildlife species pursuant to the WPA and will not result
in a prohibited Take pursuant to the MESA. A copy of the final Order of Conditions shall be sent to the NHESP
simultaneously with the applicant as stated in the Procedures section of the WPA (310 CMR 10.05(6)(e)).
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 Plan 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.
If you have any questions about this determination please do not hesitate to contact Misty-Anne R. Marold, Senior
Endangered Species Review Biologist, at (508) 389-6356 or misty-anne.marold@state.ma.us.
Sincerely,
Thomas W. French, Ph.D.
Assistant Director
Massachusetts Division of Fisheries & Wildlife
CC: Briscoe Lang, PARE Corporation
David Foulis, MA DEP Western Regional Office, Wetlands
Mark Stinson, MA DEP Western Regional Office, Circuit Rider
Paul Sneeringer, Army Corps of Engineers, Concord Office