Northampton_21-40571.pdf
November 17, 2021
David Veleta
City of Northampton
Department of Public Works
125 Locust Street
Northampton, MA 01060
Northampton Conservation Commission
Planning & Sustainability
City Hall
210 Main Street, Room 11
Northampton, MA 01060
Applicant: City of Northampton
Project Location: South Street Drop Structure over the Mill River
Project Description: Remove large woody debris upstream of the South Street drop structure
within the Mill River using heavy equipment
MassDEP File No.: 246-0757
NHESP Tracking No.: 21-40571
RE: Partial approval for work during winter 2021/2022; Notice that additional information is
required to take further action on your application for MESA review under 321 CMR 10.18 and
310 CMR 10.58(4)(b) and 10.59.
Dear Applicant and Commissioners:
On October 19, 2021, the Natural Heritage & Endangered Species Program of the Massachusetts Division
of Fisheries & Wildlife (the “Division”) received a Notice of Intent (NOI) with Project Plans entitled
PROPOSED DEBRIS REMOVAL (dated 9/29/2021, sheet C-1, prepared by the City of Northampton
Department of Public Works (herein “the City”)) 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).
Based on the submitted materials, the City is seeking approval to remove woody debris that accumulates
upstream of the South Street Drop Structure over the Mill River (the Work). The City states that the debris
accumulating under the structure would impact the flood control structure’s stability and function. The
goal would be to use the equipment to lift debris from the riverbed with little to no bottom-contact. The
City seeks approval to remove the debris with a log grapple or hydraulic thumb. The project filing
discussed several alternatives to pull the material from the river. The City proposes permitting of
Alternative 4 (page 5) which includes constructing a temporary machine access pathway from Earle Street
down to the bank of the Mill River. The City proposes to place temporary construction matting over the
NHESP 21-40571, Page 2 of 4
bank and use a machine to remove the debris with minimal contact with Land Under Water and
Waterbodies.
The Division has determined that the proposed project is located within habitat for the following state-
listed species, as indicated in the Massachusetts Natural Heritage Atlas (15th Edition):
Scientific Name Common Name Status Taxonomic Group
Alasmidonta heterodon Dwarf Wedgemussel Endangered*
Mussel Lampsilis cariosa Yellow Lampmussel Endangered
Strophitus undulatus Creeper Special Concern
Ligumia nasuta Eastern Pondmussel Special Concern
Boyeria grafiana Ocellated Darner Special Concern Odonate
Gomphurus ventricosus Skillet Clubtail Threatened
Glyptemys insculpta Wood Turtle Special Concern Reptile
These species and their habitats are protected pursuant to the WPA and the MESA. A Fact Sheet for these
species can be found on our website, www.mass.gov/nhesp. *The Dwarf Wedgemussel is listed as
Endangered pursuant to the federal Endangered Species Act of 1973 (16 USC§§1531-1544) and
regulations (50 CFR§17 & 402) administered by the United States Fish & Wildlife Service
The purpose of the Division’s review of the proposed project under the WPA regulations is to determine
whether the project will have any adverse effects on the Resource Areas Habitats of state-listed species.
The purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-
listed species will result from the proposed project.
A. Work between the date of issuance of this letter and April 15, 2022.
Based on the information provided and the information contained in our database, it is the opinion of the
Division 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
must comply with the following conditions through April 15, 2022:
1) Protection of the Bank Habitat. The full-length of the “Temporary Construction Access” as shown on the
plan must be covered in swamp/construction mats during any machine access.
a. All vehicle access shall occur within the footprint of timber or construction matting.
b. All debris removed from the river shall be removed from Priority Habitat.
c. Swamp/construction mats must be removed no later than April 15, 2022.
2) A Division-approved Environmental Monitor shall be present during all work subject to this partial
authorization, including placement of construction matting.
3) Protection of River Bottom.
a. Debris shall be lifted out of the river and water and not dragged along the bottom during
removal.
NHESP 21-40571, Page 3 of 4
b. All reasonable efforts must be made to avoid disrupting the river bottom beyond that necessary
to lift the debris out.
4) Wood Turtle, One-Time Sweep. Prior to the installation of the “Temporary Construction Matting (8’x4’
Mats) Spanning the Bank”, a qualified biologist must conduct a one-time sweep for Wood Turtles along
and under the bank and the are immediately surrounding area the machine access.
a. The Applicant shall arrange for a qualified biologist to conduct the sweep. A Scientific
Collection Permit must be obtained from the Division of Fisheries & Wildlife to handle state-
listed vertebrates.
b. The Wood Turtle Biologist shall provide recommendations relative to the request for ongoing
removal to the Applicant for incorporation into a revised Alternatives Analysis (see below).
5) Post-Work Report. No later than April 30, 2022, the Applicant shall submit a brief written report
describing all work conducted subject to the partial authorization, including the dates of all work.
6) Authorization. This partial authorization is valid only between the date of issuance of this letter and
April 15, 2022.
7) Wetland Protection Act Filings, Notice. When filing for any renewal, extension, or amendment of the
WPA Orders of Conditions the Applicant shall contact the Division for written response regarding
impacts to Resource Area habitat of state-listed wildlife (310 CMR 10.58(4)(b), 10.59). A renewal,
extension or amendment of Order of Conditions does not renew, extend, or amend this MESA
authorization.
Provided the conditions noted in Section A above are fully implemented and there are no changes to the
Project Plans, the project may proceed during the time period specified. This approval for Work explicitly
and exclusively applies to the project as described in the filing and conditioned herein for the specified
time period. Any changes to the proposed project or any additional work beyond that shown on the
Project Plans will require an additional filing with the Division pursuant to the MESA. No work may occur
subject to this authorization after April 15, 2022.
B. Work After April 15, 2022
This letter is to inform you that the Division has reviewed the materials submitted with your application
and has determined that additional information is required in order for the Division to complete its
review pursuant to 321 CMR 10.18 (MESA) and 310 CMR 10.58(4)(b), 10.59 (WPA). To continue our review
of the proposed project for any work after April 15, 2022, the Applicant must:
1) Submit a History of the Site: Has the City removed debris from the same location in the past? If so,
how often is it necessary and during which months is the work typically required? What are the
circumstances that trigger the need to conduct work?
2) Revised/Updated Alternatives Analysis:
a. The Alternative analysis did not consider using a machine from the deck of the road to break
up the debris and allowing it to move downriver. Please revise the analysis to consider this
option and under what circumstances it could be a preferred alternative.
NHESP 21-40571, Page 4 of 4
b. Alternative 3 was eliminated as it seems to only consider removing the wood in whole form.
Would this Alternative be more feasible, at least in certain circumstances, when the debris
could be cut into smaller sections?
3) Submit the Results of a State-Listed Mussel Habitat Assessment & Survey:
a. A qualified wildlife biologist with extensive field experience working with state-listed mussels
shall perform an assessment of the habitat and mussel-survey of the Mill River from 100 feet
upstream of the structure to 300 feet below the structure. The resume(s) of the biologist(s)
selected to perform the assessment must be provided to the Division for approval prior to
initiating the assessment.
b. The assessment shall describe and map all suitable habitat in accordance with the
“Endangered Species Habitat Assessment and Survey Guidelines: Wildlife” document found
on our website at: http://www.mass.gov/eea/docs/dfg/nhesp/regulatory-
review/wildlifeassessment.pdf
c. The assessment shall include specific recommendation relative to the proposed activity and
measures to avoid and minimize impacts associated with the proposed work.
4) Incorporate suggestions from the Wood Turtle Biologist and Mussel Biologist into a revised
Alternatives Analysis, and as needed, a revised proposal for work.
After receiving the required information, the Division will continue its review of the proposed project for
compliance with the MESA and WPA regulations. The Division reserves the right to request additional
information in order to understand the potential impacts of the proposed project on state-listed species
and their habitats.
If you have decided to withdraw your application for work after April 15, 2022 from review under 321
CMR 10.18, please notify the Division of that decision in writing so that we can close out our review file
for this project. If you have any questions concerning this notice, please contact Misty-Anne Marold,
Senior Endangered Species Review Biologist, at misty-anne.marold@mass.gov or (508) 389-6356.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: Mark Stinson, MassDEP Western Regional Office
David Cameron, MassDEP Western Regional Office