Northampton_22-41187.pdf
March 7, 2023
Greg Newman, City of Northampton DPW
125 Locust Street
Northampton, MA 01060
Northampton Conservation Commission
210 Main St., Room 11
Northampton, MA 01060
Applicant: City of Northampton, DPW
Project Location: 0 Dryads Green
Project Description: Storm drain repair and site stabilization project, Mill River
DEP Wetlands File No.: 246-0768
NHESP Tracking No.: 22-41187
Dear Applicant and Commissioners:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife
(the Division) received a Notice of Intent and Plans entitled “Dryads Green Storm Drain Repair Project”
(dated September 2022; 6 Sheets, prepared by GZA GeoEnvironmental, Inc.) in compliance with the rare
wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR
10.58(4)(b)). The Division also received the MESA Review Checklist and supporting documentation for
review pursuant to the MA Endangered Species Act (“MESA”) and its implementing regulations (321 CMR
10.18).
The Division has determined that this Project, as currently proposed, will occur within the actual habitat
of the Skillet Clubtail (Gomphurus ventricosus), a species listed as Threatened, and Ocellated Darner
(Boyeria grafiana) and Wood Turtle (Glyptemys insculpta), species listed as Special Concern. These
species and their habitats are protected in accordance with the MESA. Fact sheets for these species can
be found on our website, www.mass.gov/nhesp.
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.
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)) and must be
conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid
adverse effects to the Resource Area Habitats of state-listed species and to avoid a prohibited Take the
following conditions must be implemented:
Northampton 22-41187, Page 2 of 3
1. State-listed Turtle Protection Plan. The applicant shall protect state-listed turtles during all work. The
Applicant shall arrange for a qualified biologist to develop and implement a Wood Turtle Protection
Plan.
a. Prior to the start of work, said Protection Plan shall be submitted to the Division for review and
written approval. The Protection Plan shall detail procedures for protecting state-listed turtles
during construction. including visual sweeps, timing of site preparation, as well as potential use
of a temporary turtle barrier. The Division is available for consultation on the development of
the plan and for information regarding qualified biologists. A Commercial Scientific Collection
Permit must also be obtained from the Division of Fisheries & Wildlife in order to handle state-
listed turtles.
b. If all work can be completed during the turtle inactive period (November 1 through March 31 of
any year), active turtle sweeps may be avoided.
2. Stockpile/Storage of Soils. If such materials are stockpiled onsite, they must be fully enclosed by a
turtle-proof barrier no later than May 15 and remain enclosed until July 1. If the materials are not
enclosed by May 15, then they may not be moved, altered or added to until after September 30. This
condition must be incorporated into the above-noted Turtle Protection Plan.
3. Native Plantings. Should a planting plan be proposed within the Project area, plantings, including seed
mixes, shall be composed of species native to the County in accordance with ‘The Vascular Plants of
Massachusetts: A County Checklist First Revision’ (Dow Cullina, M., B. Connolly, B. Sorrie, and P.
Somers. 2011. MA NHESP DFW); available from State Library of Massachusetts at
http://archives.lib.state.ma.us). The use of MESA-listed plants shall be avoided as part of any planting
plan.
4. Erosion Controls. All erosion and sedimentation controls, and/or construction fencing shall be
removed and properly disposed of after the project is completed and as soon exposed soils are
stabilized.
5. Any mechanized maintenance of the stormwater feature (e.g., mowing of vegetation, etc.) shall occur
during the turtle inactive season (November 1 through March 31 of any year). Hand tools may be
used at any time of year. Said restriction shall be integrated into, and specified within, any operations
and maintenance plan associated with the project.
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 site plans
may require an additional filing with the Division pursuant to the MESA. This project may be subject to
further review if no physical work is commenced within five years from the date of issuance of this
determination, or if there is a change to the project.
Northampton 22-41187, Page 3 of 3
Please note that this determination addresses only the matter of state-listed species and their habitats. If
you have any questions regarding this letter please contact Alexandra Echandi, Endangered Species
Review Biologist, at 508-389-6354 or Alexandra.echandi@mass.gov
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: Scott Richards, Smith College
MassDEP, WERO
Nathaniel Russell, GZA