Appendix D Rare Species
M E M O R A N D U M Date: August 13, 2009 To: HDR, Inc. From: Epsilon Associates, Inc. Subject: Appendix D Threatened and Endangered Species D1. Introduction and Project Description
The Massachusetts Executive Office of Transportation (EOT), in conjunction with the Pioneer Valley Planning Commission (PVPC), Vermont Agency of Transportation (Vtrans), Pan Am Southern
Railroad (PAS), and Amtrak, is proposing to relocate the Amtrak intercity passenger train, known as the Vermonter, from the New England Central Railroad back to its former route on the
Pan Am Southern Railroad between Springfield and East Northfield in Massachusetts. The Vermonter operates daily between St. Albans, Vermont and Washington, D.C. The routing of the Vermonter
in Vermont and south of Springfield would remain unchanged. It is anticipated that initial service would include station stops at the former Amtrak station at Northampton and the new
intermodal station at Greenfield, with a potential for additional stations in the future. The project would include improvements to the existing Pan Am Southern rail line, including
crosstie replacement, rail replacement, rehabilitation of grade crossings, reactivation of passing sidings and portions of double track, upgrading of switches, improvements to signal
and communications systems, surfacing and alignment of track, and improvements to bridges and station platforms. The Project improvements would occur within the existing right-of-way
owned by the Pan Am Southern. The Project does not involve any acquisition of additional right-ofway.
2 The Proposed Project does not involve any additional ballast or fill material to be placed beyond the existing limits of ballast or fill. As such, there would be no culvert repair
or replacement. There will be no in-water work in federal or state regulated wetlands or waterways. The Project does not involve clearing or grading activity. The Project route passes
by and over a range of habitats, including woodlands, rivers, waterbodies, and emergent and forested wetland systems, some of which are mapped habitat for state-listed species and a
limited number of federally-listed species. Because Project activities will be located within maintained, previously disturbed areas, no new impacts to identified threatened or endangered
species or their habitats are anticipated. D.2 Regulatory Requirements The following sections summarize the federal and state endangered species regulations that may be applicable to
the Project. D.2.1 US Endangered Species Act The purpose of the U.S. Endangered Species Act (ESA) is to to protect and recover imperiled species and the ecosystems upon which they depend.
It is administered by both the Interior Department’s U.S. Fish and Wildlife Service (USFWS) and the Commerce Department’s National Marine Fisheries Service (NMFS). USFWS has primary
responsibility for terrestrial and freshwater organisms, while the responsibilities of NMFS are mainly for marine wildlife such as whales and anadromous fish species. Under the ESA,
species may be listed as either endangered or threatened. “Endangered” means that a species is in danger of extinction throughout all or a significant portion of its range. “Threatened”
means that a species is likely to become endangered within the foreseeable future. The ESA protects endangered and threatened species and their habitats by prohibiting the “take”1 of
listed animals and the interstate or international trade in listed plants and animals, including their parts and products, except under federal permit. 1 Take is defined as “to harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct.” Through regulations, the term “harm” is defined as “an act which actually
kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, or sheltering.” Listed plants are not protected from Take, although it is
3 Before initiating an action, under Section 7 of the ESA, the federal agency (i.e., Army Corps of Engineers) or its non-federal permit applicant coordinates with USFWS about listed
species that may be within the action area. If a listed species is present, the federal agency must determine whether the project may affect it. If it may, consultation may be required.
During consultation, the action agency receives a biological opinion or concurrence letter addressing the proposed action. If the action agency determines (and USFWS agrees) that the
project is not likely to adversely affect a listed species or designated critical habitat, and USFWS concurs in writing, the consultation (informal to this point) is concluded. Two federally-listed
endangered species have been identified as occurring in towns along the existing right-of-way: the Dwarf Wedgemussel (Alasmidonta heterodon) and Shortnose Sturgeon (Acipenser brevirostrum).
Both species are documented to occur in the Connecticut River. See Section D.3 below for further information on the federallylisted endangered species. D.2.2 Massachusetts Endangered
Species Act The Massachusetts Endangered Species Act (MESA) is implemented by the Division of Fisheries and Wildlife -Natural Heritage and Endangered Species Program (NHESP). MESA protects
rare species and their habitats by prohibiting the "take" of any plant or animal species listed as Endangered, Threatened, or of Special Concern by the Massachusetts Division of Fisheries
and Wildlife. MESA protects habitat as well as individual plants and animals listed by the Division as endangered, threatened, or of special concern. A "take" is defined as, "in references
to animals to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any
such conduct, or to assist such conduct, and in reference to plants, means to collect, pick, kill, transplant, cut or process or attempt to engage or to assist in any such conduct. Disruption
of nesting, breeding, feeding or migratory activity may result from, but is not limited to, the modification, degradation or destruction of Habitat." As part of MESA implementation,
NHESP is responsible for reviewing projects and providing and maintaining maps that identify protected species habitat. These maps are available in a statewide paper atlas and GIS format.
Shown on these maps are two types of protected species habitat: Priority Habitat for State Protected Species and Estimated illegal to collect or maliciously harm them on federal land.
Protection from commercial trade and the effects of federal actions does apply for plants. In addition, states may have their own laws restricting activity involving listed species,
as Massachusetts does.
4 Habitats for Rare Wildlife. Priority Habitat includes habits for wetland and non-wetland wildlife and plant species. Estimated Habitat includes habitat for wetland dependent wildlife
(animal) species only and is intended for use by both NHESP and local Conservation Commissions during the review of projects subject to the Wetlands Protection Act. Upon review of available
data (see Section D.3 below), the Project route crosses by and over mapped both Priority Habitat and Estimated Habitat. A number of state listed species have been documented in the eleven
communities along the Project route. D.3 Technical Approach Mapped federally-and state-listed species habitats were reviewed through several sources including the Massachusetts Geographic
Information System (MassGIS) database, the NHESP website www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, and the U.S. Fish and Wildlife website www.fws.gov/endangered/wildlife.html. Federally-listed
Species As discussed in Section B.2 above, two federally-listed endangered species --the Dwarf Wedgemussel and the Shortnose Sturgeon --have been identified as potentially occurring
in the vicinity of the Project. The Shortnose Sturgeon is one of the smallest species of sturgeon, rarely exceeding 1 meter (3 feet) in length. The Shortnose Sturgeon is an amphidromous
species, meaning that it spawns in freshwater but enters saltwater habitats during its life. There are two documented populations of Shortnose Sturgeon in the Connecticut River. The
Dwarf Wedge Mussel is a small freshwater mussel, reaching a maximum length of 56.5 millimeters (2.2 inches). The Dwarf Wedgemussel inhabits well-oxygenated streams and rivers with sand,
muddy sand, or gravel bottoms, with slow to moderate currents. The mussel was once found in the Connecticut River (along with other rivers throughout the state), however, it is uncertain
if the species is still found in the state, as the last observed population was seen in 1983 and was extirpated by 1988. As both identified federally endangered species are likely likely
to exist solely within the Connecticut River, and no in-water work within the river is proposed, Project activities are not anticipated to adversely affect federally endangered species.
Further consultation with the USFWS may be necessary if it is determined that a federal permit is required (e.g., Corps of Engineers Section 10 permit or U.S. Coast Guard Bridge Act
permit) with
5 subsequent Section 7 consultation. At this time, however, consultation under the Endangered Species Act is not anticipated for the reasons noted above. State Listed Species and Priority
and Estimated Habitats According to the NHESP database, a number of state-listed endangered, threatened and species of special concern potentially occur in the eleven communities along
the Project route. (See www.mass.gov/dfwele/dfw/nhesp/nhesp.htm for a list of the species.) The exact locations of the species habitat is unknown at this time and further consultation
with NHESP may be necessary to determine if Project activities are located within or adjacent to the listed species habitat; although, based on the nature of proposed activities, it
is not expected that Project activities will result in a take and the need for a Conservation and Management Permit under MESA. As discussed above, the existing Project route is adjacent
to mapped Priority Habitat and Estimated Habitat (see Attached Figure 1) and crosses mapped habitat in several municipalities, including Greenfield, Deerfield, Hatfield, Northampton,
Easthampton, Holyoke, and Chicopee. The entire length and width of the Connecticut River is mapped Priority Habitat and Estimated Habitat. D.4 Assessment of Endangered Species and Habitats
As no in-water work is proposed, impacts to federally-listed species are not anticipated. As shown on Figure 1, the Project route crosses mapped Priority Habitat and Estimated Habitat
in several communities. Project activities will be located within previously disturbed and cleared areas within the existing maintained right-of-way and no impacts to vegetated areas
are proposed. Therefore, the proposed Project is not anticipated to result in a take and the need for a Conservation and Management Permit under MESA. D.5 References Commonwealth of
Massachusetts, Executive Office of Energy and Environmental Affairs, Massachusetts Geographic Information System (http://www.mass.gov/mgis/). Department of Fish and Game, Division of
Fisheries and Wildlife --Natural Heritage and Endangered Species Program website (www.mass.gov/dfwele/dfw/nhesp/nhesp.htm). U.S. Fish and Wildlife website (www.fws.gov/endangered/wildlife.html).
See attached figure.
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w B r a i n t r e e R u s s e l l H a w l e y 0 2 4 Miles Rare Species Mapping Prepared By: Scale: 1 Inch = 4 Miles Knowledge Corridor -Restore Vermonter Springfield to East Northfield,
Massachusetts Executive Office of Transportation Legend Proposed Vermonter Route Current Vermonter Route NHESP 2008 Massachusetts Certified Vernal Pools NHESP 2008 Estimated Habitats
for Rare Wildlife: For Use with the MA Wetlands Protection Act Regulations (310 CMR 10) NHESP 2008 Priority Habitats for State-Protected Rare Species G:\Projects2\MA\Springfield\2727\EA\nhesp.mxd