42-079 (30) Regional Snitary Lanfill DFW LetterMass Wildlife
Attn. Randall P. Christensen, Dufresne -Henry, Inc.
136 West Street, Suite 203
Northampton, Massachusetts 01060
Project Name:
Proponent:
Location:
NHESP File Number:
Dear Mr. Christensen,
The Natural Heritage Endangered Species Program (NHESP) has reviewed the Rare Species Impact Assessment
and Summary of Site Review submitted for the proposed Phase 5 expansion of the landfill (received May 20, 2005).
This information has been submitted in response to our MEPA comment letter dated Feb. 15, 2005.
Based upon information submitted and contained in our database, the NHESP has determined that this project is
located within actual habitat for the Eastern Box Turtle (Terrapene carolina) and Spotted Turtle (Clemmys guttata).
These turtles are state listed as species of "Special Concern" pursuant to the Massachusetts Endangered Species Act
(MGLc. 131A). The NHESP is concerned that this project, as currently proposed, requires review and permitting
under the Massachusetts Endangered Species Act (MESA) and its implementing' regulations (321 CMR 10.00).
The NHESP supports the recommendations made in the recent submittal and requires the following additional
information and revisions. The rare species impact amount submitted for this project is incomplete and needs to be
revised to include proposed impacts to nesting habitat for both rare species present. Calculations of impacts shall be
specified for Spotted Turtle and for Eastern Box Turtle and shall include habitats used for all of their functions
including nesting habitat, which appears to be an important feature on this project site. The NHESP recommends
that the project design be modified to avoid impacts to important nesting and wooded habitat within 200 feet of the
Spotted Turtle pool as well as impacts to nesting and wooded habitats on the eastern portion of the site for the
Eastern Box Turtle, to the greatest extent feasible. With the revised project plan, submit calculations of habitat
impacts for each turtle species and amounts of rare species habitats to be protected for long -term conservation.
After submittal of the preceding revisions, the NHESP will continue its review in order to determine if a "take" of
these state listed species will be avoided or if the project will require a Conservation and Management Permit under
MESA. Please call Nancy Putnam at ext. 306 with any questions about this letter.
Thomas W. French, Ph.D.
Assistant Director
Commonwealth ofMassachusetts
Division of
Ikheries Sit WHdiif.e
Wayne F' 1VIadCallum, Director 4
CC: Mr. Ned Huntley, Northampton City Engineer
Northampton Planning and Conservation Dept.,
Northampton Regional Sanitary Landfill
Northampton DPW
Glendale Road, Northampton
00 -8026
VO N
June 16, 2.005 2 2004
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to,
www. masswildl i fe. org
Division of Fisheries and Wildlife
Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792 -7270 Fax (508) 792 -7275
An Agencyof the Department of Fisheries, Wildlife Environmental Law Enforcement
Mass Wildlife
Commonwealth of Massachusetts
Ellen Roy Herzfelder, Secretary
Executive Office of Environmental Affairs
Attention: MEPA Office, William Gage, EOEA No. 12351
100 Cambridge St., Suite 900, Boston, Massachusetts 02114
Project Name:
Proponent:
Location:
Document Reviewed:
NHESP File Number:
Dear Secretary Roy Herzfelder,
Division of
Fisheries Wildlife
Wayne F. MacCallum, Director
Feb. 15, 2005
Northampton Regional Sanitary Landfill
Mr. Ned Huntley, City Engineer, Northampton DPW
Glendale Road, Northampton
Notice of Project Change
00 -8026
The Natural Heritage Endangered Species Program (NHESP) of the MA Division of Fisheries Wildlife
would like to offer the following comments regarding impacts to state listed rare species for the proposed Phase
5 expansion of the landfill located off of Glendale Road. This project site is located within Priority Habitat and
actual habitat for the. Eastern Box Turtle (Terrapene carolina). The Eastern Box Turtle is state listed as a.
species of "Special Concern" pursuant to the Massachusetts Endangered Species Act (MGL c. 131A).
Based upon the information available at this time, the NHESP is concerned that direct mortality from proposed
construction activities and proposed alterations of rare wildlife habitat may result in a probable "take" of the
Eastern Box Turtle, as defined in the Massachusetts Endangered Species Act regulations (MESA). A "take" of
an animal is defined in the MESA regulations (321 CMR 10.02) to include activities that will disrupt the
nesting, breeding, feeding or migratory activity of the state listed species. The NHESP is concerned that this
project, as currently proposed, will require review and permitting under the Massachusetts Endangered Species
Act and its implementing regulations (321 CMR 10.00).
The NHESP recommends that the proponent hire a wildlife biologist with extensive knowledge of the Eastern
Box Turtle to conduct a detailed habitat analysis on the project site. This information will help to determine the
extent of rare wildlife habitat on the site and potentially direct the proposed layout and design to meet the
requirements under MESA. The proponent should submit the rare wildlife habitat analysis to the NHESP for
review, clarify the acreage of proposed impacts to rare wildlife habitat, and assess project design alternatives
that will avoid and minimize impacts to the Eastern Box Turtle to the greatest extent practicable.
We appreciate the opportunity to comment on _this project. Please call Nancy Putnam at ext. 306 with any
questions about this letter.
Thomas W. French, Ph.D.
Assistant Director
r
wvvw. masswildli fe. org
Division of Fisheries and Wildlife
Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 392 -7270 Fax (508) 792 -7275
An- Agency -of the Department of Fisheries, Wildlife Environmental Lcniw Enforcement
iNassWi/d/if�e
Commonwealth of Massachusetts
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IN errai$ ildlite
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Wayner.MacCallum, Director
January 20, 2005
Stephen R. Pritchard, Secretary
Executive Office of Environmental Affairs
Attention: MEPA Office, William Gage
EOEA No. 12351
100 Cambridge St.
Boston, Massachusetts 02114
Project Name: Northampton Regional Sanitar L ftl�
Proponent: Northampton Depar ment of Public Works
Location: Glendale Road, Northampton
Document Reviewed: Draft Environmental Impact Review
NHESP Tracking No: 00 -8026
�.9
Dear Secretary Pritchard,
The Natural Heritage Endangered Species Program (NHESP) of the MA Division of Fisheries
Wildlife would like to offer the following comments regarding impacts to state listed rare species for the
proposed Phase 5/5B expansion of the Northampton landfill.
The proposed project is located within Priority Habitat and Estimated Habitat for two state listed turtle
species. The Spotted Turtle (Clemmys guttata) and Eastern. Box Turtle (Terrapene carolina) are state
listed as "Special Concern" and protected pursuant to the implementing regulations of the MA
Endangered Species Act (MESA) (321 CMR 10.00).
Based upon the information that was submitted in the FEIR, the NHESP has determined that the proposed
will not result in a "take" of Eastern Box Turtle or Spotted Turtle provided that the proponent complies
with the rare species mitigation outlined in section 7.2 "Mitigation Measures" of the FEIR, whkh provide
construction and post construction measures for state listed turtles and the additional items outlined in
this letter. In addition, the NHESP recommends that turtle nesting habitat management (i. e. vegetation
removal /pruning) be conducted, as needed, on a rotational cycle -5 years) in the secondary and primary
turtle nesting habitats as shown in Appendix F (dated December 2005). Vegetation management should
occur in conjunction with the proposed fall mowing and both should occur after October 15 of a given
year. The nesting habitat management, mowing, and permanent wildlife fencing maintenance should be
incorporated into the Operations and Maintenance Manual, or similar document, for the property and we
request to review a copy of this document.
The NHESP notes the Town's adjacent land acquisition of forested and wetland habitats suitable for the
Eastern Box and Spotted Turtles and we recommend that the town place this land under habitat protect
measures (e.g. Conservation Restriction (CR)) that permanently protects these habitats for state listed rare
and general wildlife. The NHESP has CR templates available upon request and we request to review a
copy of the CR document.
www.masswildlife.org
Division of Fisheries and Wildlife
Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792 -7270 Fax (508) 792 -7275
An Agency of the Department of Fisheries, Wildlife Environmental Law Enforcement