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SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT Tel-Electric (Mill St.) Dam Removal/West Branch Housatonic River Revitalization Project Pittsfield, Massachusetts U.S. Fish & Wildlife Service New England Field Office 70 Commercial Street, Suite 300 Concord, NH 03301 June 2019

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Page 1: SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT Tel-Electric … · In addition to the Mass SubCouncil, funding sources for this project include the National Fish and Wildlife Foundation (Hurricane

SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT

Tel-Electric (Mill St.) Dam Removal/West Branch Housatonic River Revitalization Project

Pittsfield, Massachusetts

U.S. Fish & Wildlife Service New England Field Office

70 Commercial Street, Suite 300 Concord, NH 03301

June 2019

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TABLE OF CONTENTS

1.0  INTRODUCTION....................................................................................................... 1 

1.1  Tel-Electric Dam Project Site ........................................................................................... 3 1.2  Public Involvement ............................................................................................................ 5 

2.0  PURPOSE AND NEED .............................................................................................. 6 

3.0  ALTERNATIVES CONSIDERED ........................................................................... 7 

4.0  AFFECTED ENVIRONMENT ............................................................................... 12 

4.1  Threatened and endangered species .............................................................................. 13 4.2  Cultural, Historic and Archaeological Resources ........................................................ 13 4.3  Environmental Justice .................................................................................................... 14 

5.0  ENVIRONMENTAL EFFECTS ............................................................................. 15 

5.1  No Action Alternative ..................................................................................................... 15 5.2  Preferred Alternative – Dam Removal and River Restoration ................................... 16 5.3  Cumulative Effects .......................................................................................................... 19 

6.0  CONSULTATION, COORDINATION AND PERMITTING ............................. 19 

6.1  Required Permits and Approvals .................................................................................. 19 

7.0  CONCLUSION ......................................................................................................... 20 

8.0  LIST OF PREPARERS ............................................................................................ 20 

9.0  REFERENCES .......................................................................................................... 20 

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1.0 INTRODUCTION The U.S. Fish and Wildlife Service (USFWS) is completing this Supplemental Environmental Assessment (SEA) in order to evaluate and analyze the environmental effects of the Tel-Electric (Mill St.) Dam Removal/West Branch Housatonic River Revitalization Project (Tel-Electric Dam Removal Project) in Pittsfield, MA. The purpose of this evaluation is to determine whether the Tel-Electric Dam Removal Project will have any significant effects on the environment, as defined under the National Environmental Policy Act (NEPA, P.L. 91-190; 42 U.S.C. 4321 et seq.). The Tel-Electric Dam Removal Project is being implemented in order to restore river ecological conditions by 1) removing a barrier to fish and wildlife movement, 2) improving water quality (by decreasing temperatures and increasing dissolved oxygen), and 3) removing polluted sediments from the West Branch Housatonic River. Removal of the Tel-Electric Dam will also protect surrounding infrastructure, eliminate a public safety hazard, and reduce area flooding. The dam is expected to be removed in summer 2019. The City of Pittsfield and Massachusetts Division of Ecological Restoration (MassDER) are managing this project, with assistance from an array of partners and landowners, including Eversource, CSX Transportation, Massachusetts Department of Transportation, private landowners and the Massachusetts SubCouncil of the Housatonic River Trustee Council for the GE/Housatonic Natural Resource Damages Settlement (Mass SubCouncil). The Mass SubCouncil is comprised of the USFWS and the Massachusetts Executive Office of Energy and Environmental Affairs, represented by the Massachusetts Department of Environmental Protection (MassDEP). The Mass SubCouncil is responsible for using a $7.5 million settlement with General Electric (GE) to restore injured natural resources and resource services resulting from the release of polychlorinated biphenyls (PCBs) and other hazardous substances into the Housatonic River watershed from GE’s facility in Pittsfield, Massachusetts. The Mass SubCouncil identified the Tel-Electric Dam Removal Project as a high priority restoration project in the Housatonic River watershed, and provided a total of $850,000 to support development and implementation of this project. The estimated cost of the Tel-Electric Dam Removal is $2.5 million, which includes assessment, design, engineering, planning and permitting, public outreach, construction and dredging costs. In addition to the Mass SubCouncil, funding sources for this project include the National Fish and Wildlife Foundation (Hurricane Sandy Coastal Resiliency grant funding), the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) Dam and Seawall Repair or Removal Program, and MassDER. The USFWS is the Lead Federal Agency for the Tel-Electric Dam Removal Project and is therefore responsible for ensuring that the project complies with all relevant federal laws and regulations. This SEA has been developed in accordance with NEPA (P.L. 91-190; 42 U.S.C. 4321 et seq.), which requires federal agencies to analyze the effects of their actions on the environment. This SEA also documents the Tel-Electric Dam Removal’s compliance with the

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National Historic Preservation Act of 1966 (P.L. 89-665; 54 U.S.C. 300101 et seq.) and the Endangered Species Act of 1973 (P.L. 89-669; 16 U.S.C. § 1531 et seq.). In 2007, the Mass SubCouncil evaluated and selected the Tel-Electric Dam Removal project for funding in its Massachusetts Housatonic River Watershed Restoration Program Final Round 1 Restoration Plan and Supplemental Environmental Assessment (Final Round 1 Restoration Plan). The Final Round 1 Restoration Plan, along with all other documents related to restoration and planning for the Housatonic River Natural Resource Damages settlement, can be found on-line at: http://www.ma-housatonicrestoration.org The Final Round 1 Restoration Plan (Figure 1) was supplemental to and tiered off the Massachusetts Housatonic River Watershed Restoration Program Final Programmatic Environmental Assessment (PEA), also published in 2007. The PEA selected and evaluated four restoration priority categories toward which settlement funds would be targeted: aquatic biological resources and habitat, wildlife resources and habitat, recreational uses of natural resources, and environmental education and outreach. The settlement funds were then distributed in four rounds, each of which focused on selecting restoration projects in one or more of these four restoration priority categories. The Final Round 1 Restoration Plan focused on funding projects in all four restoration priority categories. At the time the Final Round 1 Restoration Plan was published, detailed design information for the Tel-Electric Dam Removal Project was not yet available. Only conceptual information was available. Now that more details are available, this SEA is providing additional information to the public, supplementing that which was provided in the Final Round 1 Restoration Plan.

Figure 1. NEPA tiering structure for Tel-Electric Dam Removal Project

Massachusetts Housatonic River Watershed Restoration Program Final Programmatic Environmental Assessment (PEA), 2007

Massachusetts Housatonic River Watershed Restoration Program Final Round 1 Restoration Plan and Supplemental Environmental Assessment, 2007

Supplemental Environmental Assessment (SEA) for the Tel-Electric (Mill St.) Dam Removal/West Branch Housatonic River Revitalization Project, 2019

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This SEA for the Tel-Electric Dam Removal project tiers off the Final Round 1 Restoration Plan and analyzes new information regarding the project design in order to evaluate further the potential effects of the Tel-Electric Dam Removal project on the human environment. The human environment, as defined under NEPA, includes the physical, biological, socioeconomic, historical and cultural environment in which the project is occurring. In order to reduce redundancy and duplication, this SEA incorporates by reference several previous analyses of this project, including:

MassDER’s Notice of Project Change (NPC) and Single Environmental Impact Report (SEIR) for the Mill Street (Tel-Electric) Dam Removal / West Branch Housatonic River Revitalization Project (2018).

The Secretary’s Single Environmental Impact Report/Notice of Project Change Certificate for this Tel-Electric Dam Removal Project, which states that the Tel-Electric Dam Removal project adequately and properly complies with the Massachusetts Environmental Policy Act (MEPA). This document can be accessed on-line at, https://eeaonline.eea.state.ma.us/EEA/emepa/mepadocs/2018/122618em/sc/eir/15510%20Mill%20Street%20(Tel-Electric)%20Dam%20Removal.pdf

Additionally, the National Oceanic and Atmospheric Administration’s (NOAA) Restoration Center (RC), after decades of experience evaluating and implementing environmental restoration projects, has published in accordance with NEPA a “Programmatic Environmental Impact Statement for habitat restoration activities implemented throughout the coastal United States” (RC PEIS). Specifically, Section 4.5.2.3 of the RC PEIS evaluates the common beneficial and adverse effects of fish passage improvement projects such as dam removal. The USFWS has recently adopted the RC PEIS in order to assist in and help streamline the development of NEPA analyses for ecological restoration projects and this SEA incorporates the RC PEIS by reference. The NOAA RC PEIS can be accessed on-line at: https://casedocuments.darrp.noaa.gov/southwest/vogetrader/pdf/4005_NOAA_Restoration_Center_Final_PEIS.pdf 1.1 Tel-Electric Dam Project Site The project site is located on the West Branch of the Housatonic River. The Tel-Electric (Mill Street) Dam (Nat ID MA01970) is a privately-owned structure located latitude N42.447º and longitude W73.264º. The site is within an urbanized section of Pittsfield with seven river crossings in the vicinity of the dam.

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Map of the Tel-Electric Dam and surrounding area. The river flows over the dam in a generally north-south direction. The site is bordered to the west by a former mill building that is currently used for commercial storage. The dam is surrounded by infrastructure. Several utilities, including water and sewer lines are located in and nearby the project area. It is structurally connected to the adjacent industrial building immediately to the west of the dam. Concrete and masonry retaining walls extend upstream and downstream from the dam. East of the dam, the site is bordered by Mill Street, commercial uses and parking lots, and a City sewer easement. Three railroad bridges cross the river between 75 and 170 feet north (upstream) of the dam. Upstream of the railroad bridges, a residential complex is located on the west side of the river and commercial uses on the east side of the river. A fourth bridge, the West Street Bridge, crosses the river approximately 1,270 feet upstream of the dam. Mill Street crosses the river approximately 200 feet south (downstream) of the dam and is the downstream limit of the project. The Mill Street Bridge currently has a weight limit restriction

Tel-Electric Dam

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due to its deteriorating condition. The Massachusetts Department of Transportation is currently designing a replacement bridge and has scheduled construction for 2021. The Mill Street Bridge will not be altered as part of this project. The Tel-Electric Dam is considered a ‘run-of-river’ dam, meaning the structure provides negligible flood storage capacity. The dam was originally built to provide water power for a nearby mill. The dam is approximately 18 feet high and 40 feet wide, with a 30-foot long slightly curved spillway face. A secondary spillway is situated on the river left of the primary spillway and leads to a 9-foot diameter metal bypass conduit. A low-level outlet exists on river-left of the spillway, and is controlled by a drop-gate installed circa 2014. The dam is built on bedrock and was originally constructed of masonry block and later overlain with concrete with a thickness of approximately 1-foot at the crest.

Tel-Electric Dam in 2018 (photo by USFWS). In 2000, the Massachusetts Office of Dam Safety (ODS) found the Tel-Electric Dam to be in overall “Poor” condition with significant operational or maintenance deficiencies. In 2006, MassDER identified the Tel-Electric Dam Removal project as one of its “Priority Projects”. Priority Projects are aquatic or terrestrial restoration projects selected by MassDER through a competitive application process. Projects selected as Priority Projects receive technical assistance from MassDER staff, along with small grants and fundraising assistance. 1.2 Public Involvement Throughout the Tel-Electric Dam Removal project’s 12-year history, the public has had numerous opportunities for meaningful review and comment on the project. In 2007, the public had an opportunity to comment on the Tel-Electric Dam Removal project when it was proposed to receive funding in the Massachusetts Housatonic River Watershed Restoration Program Draft Round 1 Restoration Plan and Supplemental Environmental Assessment. The public comments

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can be found at http://www.ma-housatonicrestoration.org and a formal response to comments was included in the Final Round 1 Restoration Plan. Subsequently, the USFWS issued a Finding of No Significant Impact (FONSI) for the Final Round 1 Restoration Plan. In the years since, a multitude of engineering, geologic, hydrologic and hydraulic assessments and studies have been completed to inform the design of this project. In 2016, MassDER published an Expanded Environmental Notification Form for public comment in accordance with the MEPA process. During this comment period concerns emerged regarding the at-the-time proposed passive release of sediment that had built up behind the dam. The project management team understood and responded to those concerns by modifying the project design to incorporate removal of more sediment from the impoundment (area just upstream of the dam) along with a plan to stabilize the sediment that would remain on-site to prevent it from moving downstream. In 2018, MassDER published a Notice of Project Change (NPC) and Single Environmental Impact Report (SEIR) for the Mill Street (Tel-Electric) Dam Removal, which explained the changes to the sediment management plan for the project. The public also had an opportunity to comment for 30 days on this and subsequently, the Secretary of Energy and Environmental Affairs issued a final Secretary’s Certificate for the project on December 14, 2018, which certified that the project properly and adequately complied with MEPA. In addition to these three formal public comment periods that have been held for this project, updates on the project have been provided to the Environmental Protection Agency’s (EPA) Housatonic River Citizens Coordinating Council (CCC). Finally, there was an additional opportunity for public review and comment during two meetings of the Pittsfield Conservation Commission in March 2019, prior to the Commission authorizing the project under the Massachusetts Wetlands Protection Act. 2.0 PURPOSE AND NEED The purpose and need for this project were originally detailed in the Final Round 1 Restoration Plan. The purpose of the Tel-Electric Dam Removal Project is to make the environment and the public whole for injuries to natural resources and services resulting from the release of hazardous substances into the Housatonic River watershed by restoring, rehabilitating or replacing the equivalent of the injured resources and/or the services they provide. In conjunction with the over 50 restoration projects that have been funded in Massachusetts and Connecticut with Housatonic River natural resource damages settlement funds, the Tel-Electric Dam Removal Project is intended to return injured natural resources and services to baseline conditions and compensate the public for the years that these resources were injured. The need for the Tel-Electric Dam Removal Project is twofold:

first, the sediments, surface water, floodplain habitat and wetland habitat of the Housatonic River watershed have been injured and need to be restored; and

second, the dam in its current state prevents natural sediment transport and hydrologic processes, prevents movement of aquatic organisms upstream and downstream, and is a

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public safety hazard. 3.0 ALTERNATIVES CONSIDERED The USFWS and project partners considered a range of alternatives and their ability to meet the project’s purpose and need. Initially, three alternatives were considered: a no action alternative (required for federal agencies to consider under NEPA), an alternative that would involve repairing the existing dam, and a third alternative focused on dam removal and river restoration. The second alternative focused on dam repair was dropped from consideration due to concerns about feasibility and lack of funding, and because repair of the dam would not address the purpose and need of the project. Because the dam no longer serves a purpose economically, the dam owner has no imperative to perform costly repairs or on-going maintenance that would be required to satisfy requirements for dam safety. Outside sources of funding for the dam repair alternative have not been identified, nor are they likely to emerge. As a result, the dam repair alternative was deemed economically infeasible and dropped from consideration. The following two alternatives are analyzed in this SEA: Alternative #1: No Action Alternative #2 (Preferred): Dam Removal and River Restoration Alternative #1 - No Action Taking no action is equivalent to allowing the dam to persist in its current state. This alternative is not advisable for several reasons. First, the dam is in poor condition due to the age and degradation of the concrete and existing structures. Leaving the dam in place has inherent risks, including future failure, uncontrolled release of impounded sediment, and potential destabilization of surrounding infrastructure. With poor ratings from Dam Safety inspections, the dam owner is compelled to take some action. The dam also presents a direct public safety concern; the area is known for attracting vandalism/illegal activities that require police attention and on one such occasion there was a drowning death associated with the dam. The combination of these reasons renders the “no action” unacceptable to both the dam owner and the City of Pittsfield. Alternative #2 (Preferred) - Dam Removal and River Restoration The preferred alternative involves:

• Removal of the Tel-Electric Dam including the primary spillway and associated structures (i.e. low flow outlet, secondary outlet and bypass flume). The intent is to remove the full vertical extent of the dam and enough of the lateral extent of the spillway to restore channel connectivity between upstream and downstream reaches and to restore aquatic species passage to pre-dam conditions.

• Installation of scour countermeasures and bank treatments around portions of the bridge abutments and the mill building. A combination of grouted riprap, in-stream riffle grade control features (i.e., rock weirs or steps), and vegetated boulder revetments will be used.

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• Excavation of sediment and debris in the lower impoundment to allow for the above construction activities, removal of pollutants from the river, and achieving stable final grades. Approximately 3,000 cubic yards of contaminated sediment and debris is expected to be mechanically removed from the river, dewatered, and staged on-site to allow for removal of large debris prior to transport. The sediment and debris will be trucked for off-site disposal or beneficial re-use as daily cover at an in-state or out-of-state landfill. The sediment that remains on-site will be stabilized and revegetated so that it does not migrate downstream.

• Construction of temporary access roads to move heavy equipment into the river at select locations (e.g., at the dam, near the railroad bridges, and downstream of West Street if necessary) and staging/stockpiling areas as required to handle and move materials around the site. Staging/stockpiling areas are proposed in the relatively flat, open areas. The staging areas will be established for storing of equipment and materials and stockpiling of sediments as necessary prior to hauling off-site. Staging/stockpiling areas will be encircled with sediment/erosion control barriers and by orange temporary construction fencing or other means of delineating the areas.

• Installation and maintenance of water control measures to divert flow around the work area as necessary.

• Installation of erosion and sediment control measures (e.g., silt fence or silt sock) around all construction haul roads and staging and stockpiling areas. A stabilized construction entrance will be installed to ensure sediments caught in truck tires are removed before vehicles exit the site.

• Installation of pumped water filter bags to filter sediments out of pumped water as work in the dry becomes necessary. These bags will be monitored during active dewatering and replaced as capacity is reached.

• Final site restoration activities including stabilization of soils/sediments, seeding, and planting.

There is an abandoned railroad bridge located just upstream of the dam (Boston and Maine Railroad Spur Line Bridge (MHC # PIT.914; EENF RRBr. #1) that may need to be removed as part of this project depending on the subsurface conditions encountered during implementation. To accomplish the preferred Alternative #2 (Dam Removal and River Restoration), a number of technical challenges were addressed, specifically: (a) management of impounded sediment that has built up behind the dam, and (b) protection of surrounding infrastructure. In regards to sediment management, the proposed project design will involve dredging and off-site disposal of 3,000 cubic yards of contaminated sediment. Sediment dredging involves (1) removal methods (mechanical and hydraulic), (2) dewatering, (3) transportation, and (4) off-site disposal or beneficial reuse. Mechanical excavation will be the preferred option of sediment removal. Hydraulic dredging is not considered practical due to the presence of trash and debris in the river, which would clog the machinery. There is a considerable amount of solid waste (e.g. shopping carts, tires, railroad ties) in the sediment near the dam, and mechanical sediment removal in this area will allow that waste to be sorted for lawful landfill disposal.

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A specific Sediment Management Plan and Risk-Based Cleanup and Disposal Plan are being developed for the project in accordance with the Toxic Substances Control Act of 1976 (15 U.S.C. Sec. 2601 et seq.); the Massachusetts Oil and Hazardous Materials Release Prevention and Response Act (Massachusetts General Laws, Chapter 21E); and the Massachusetts Contingency Plan (3110 C.M.R. 40.0000). These plans are being developed in consultation with MassDEP and the U.S. Environmental Protection Agency. A preliminary Sediment Management Plan was completed in March 2019 and identified that additional sediment testing was needed to determine disposal locations. This additional sampling is taking place in spring/summer 2019. Landfill disposal facilities will be selected based upon a determination of whether the material is considered a PCB Remediation Waste. Suitable disposal facilities will be identified in the final Sediment Management Plan and Risk-Based Cleanup and Disposal Plan, which will be completed in spring/summer 2019, shortly before the dam removal begins.

In regards to protecting the surrounding infrastructure, the project design focuses on minimizing changes to the slope of the river post dam removal, thus decreasing potential risks to surrounding infrastructure. An in-stream riffle grade control feature comprised of grouted rock will be installed in the riverbed to help hold the grade of the riverbed. This grade control feature will look similar to a natural boulder or cobblestone riverbed, but the rock will be held in place with grout and will not be mobile. The expected result of holding grade will be to maintain approximate existing water levels, velocities, and minimize scour upstream of the riffle. As a result, no changes resulting from the project are expected to occur to the utility lines crossing the riverbed near the West Street Bridge.

The project will also be monitored post-construction to assess initial project outcomes. Specific monitoring activities, described below, include channel dimensions and stability, water quality, vegetation, and visual change.

Channel dimensions and stability – Channel stabilization measures are planned to address potential risks of migration and head-cutting that could increase risks to nearby infrastructure. To confirm that plans are constructed as intended, the City of Pittsfield will contract with the project engineer to complete a post-construction as-built survey. The survey will include representative cross sections from West Street Bridge to the Mill Street Bridge, as well as a longitudinal profile. The survey will be repeated annually for two years post-construction. The results will be compared with the initial survey results to assess channel scour and potential shifts in the constructed channel and grade stabilization features.

Water Quality – Several years of baseline water quality data including temperature and dissolved oxygen have been collected by the University of Massachusetts at Amherst in partnership with MassDER. This work will extend for at least one year post dam removal to assess changes in water quality. Water quality improvements are expected, including lower temperatures and increased dissolved oxygen, within and below the former dam impoundment.

Vegetation – Installation of native seed and plants are planned to help restore the riparian

corridor of the impoundment post dam removal. The construction contractor will be

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required to monitor and maintain the condition of all plantings for two years post dam removal. The presence of invasive species will also be monitored and controlled if necessary during the two-year monitoring period.

Photographic monitoring – To document overall ecological and visual changes within

and around the project area, the City and partners will establish permanent photographic monitoring stations following established protocols (Collins et al. 2007). Baseline photographs taken prior to and during construction will be compared with subsequent photographs collected in years 1, 2, and 5 following dam removal to document and assess change.

This project design has been informed by a multitude of technical investigations that have been conducted since 2006, including:

• Kleinschmidt Energy and Water Resources Consultants (Kleinschmidt), 2006. Mill Street (Tel-Electric) Dam Removal Feasibility Study – Final Report. This document provided an overview of the site and watershed, preliminary cost estimates, and conceptual level designs.

• Kleinschmidt, 2006. Mill Street (Tel-Electric) Dam Hydraulic and Scour Analysis for Dam Removal Feasibility Study. This work included the development of a hydrologic and hydraulic model for the project and initial assessment of upstream railroad bridges.

• Haley & Aldrich, Inc. (subcontractor to Kleinschmidt), 2009. Sediment Sampling and Testing Results, Mill Street Dam, Pittsfield, Massachusetts. This study provided the first estimate of impounded sediment quantity and quality.

• Princeton Hydro, LLC. , 2011. Final Report – Sediment Management Evaluation, West Branch Housatonic River Restoration Project, Mill Street (Tel-Electric) Dam Removal. This work focused on the costs and technical options for sediment dredging, dewatering, transportation, and disposal.

• Tighe & Bond, 2012. Technical Memorandum – Rapid Field Assessment. This work included ground surveying (including an extended long profile), refinement of sediment volume estimates, and sediment sampling.

• Tighe & Bond, 2014. Technical Memorandum – Supplemental Sediment Evaluation. This work included two borings immediately upstream of the dam, and 11 other sediment samples upstream and downstream, as well as laboratory analyses for pollutants and physical characteristics.

• Princeton Hydro, LLC, 2015. Tel-Electric Dam Removal Engineering Design Memo. This study was prepared to accompany the MEPA Expanded Environmental Notification Form, and described critical elements of the site, structures, sediment, as well as the approach for the dam removal and restoration of the project reach of the West Branch of the Housatonic River.

• Massachusetts Division of Ecological Restoration, 2016. Sediment Management Plan (Draft) for the Mill Street (Tel-Electric) Dam Removal / West Branch Housatonic River Restoration Project. This report described the quantity and quality of sediment

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upstream, within, and downstream of the dam impoundment, described potential risks to human health, ecology, and infrastructure. It suggested a preferred sediment management approach for the project, which was part of the MEPA EENF, that would involve partial dredging (of the most polluted material) and partial erosion and downstream release (of much less polluted material similar to upstream and downstream background concentrations).

• Princeton Hydro, LLC, 2016. Tel-Electric Dam Removal Designs (Preliminary). This 14-sheet engineering design plan set included a description of the site, proposed actions, construction sequence, temporary and permanent impacts to regulated resource areas, and other elements of the project as part of the MEPA EENF.

• Gomez & Sullivan Engineer, DPC, 2018. Mill Street Dam Removal Project: Subsurface Investigation. This study was completed to investigate the subsurface conditions around the various railroad bridges in order to determine bridge stability in a dam-out scenario. This study located bedrock in much of the project area and found that the railroad bridges are contstructed on competent subsurface materials.

• Massachusetts Division of Ecological Restoration, 2018. Notice of Project Change (NPC) and Single Environmental Impact Report (SEIR) for the Mill Street (Tel-Electric) Dam Removal / West Branch Housatonic River Revitalization Project. This study was issued in response to requirements laid out by the MEPA office for an SEIR following the 2016 Expanded Environmental Notification Form process. A final Secretary’s Certificate was issued on December 14, 2018.

• Milone & MacBroom, Inc., 2019. Tel-Electric Pond (aka Mill Street) Dam Removal (MA01970) Preliminary Design Report. This basis of design report describes the critical elements of the site, infrastructure, updated hydrology, and hydraulics used to inform the final design for the project.

• Milone & MacBroom, Inc., 2019. Tel-Electric Pond (aka Mill Street) Dam Removal (MA01970) 75% Preliminary Design Plans. This 22-sheet engineering design plan set displays the proposed actions, construction sequence, access and staging, temporary and permanent impacts to regulated resource areas, and other elements of the project as part of this Notice of Intent filing.

• Tighe & Bond, 2019. Tel-Electric Dam Removal Project Sediment Management Plan (SMP). This SMP builds upon previous sediment sampling efforts and public comments received during the 2016 MEPA process to propose a sediment management strategy that involves dredging and disposal and in-situ stabilization of impounded sediments. The SMP proposes a comprehensive sediment sampling strategy to inform future sediment disposal options. The SMP forms the basis for the City’s 401 Water Quality Certificate permit application.

Thus, the preferred alternative dam removal design is based on an abundance of information about the site and has been engineered to be protective of the surrounding infrastructure as well as human health and safety. Dam removal meets the dam owners interests in eliminating future costs and liability associated with a structure that no longer serves a commercial or industrial purpose. Dam removal is also the primary interest of the City of Pittsfield in order to address an attractive nuisance and potential safety hazard, encourage revitalization of a blighted area, and

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create a new public greenway. Additionally, the USFWS and its state partners view dam removal as the best alternative for meeting ecological goals, including restoring aquatic connectivity and improving water quality. For these reasons, dam removal is the preferred alternative. 4.0 AFFECTED ENVIRONMENT The affected environment for this project is the reach of the West Branch of the Housatonic River where the Tel-Electric Dam is located. This reach is designated as a Class B waterway in the Massachusetts Surface Water Quality Standards (314 CMR 14.00) for aquatic habitat. The river is generally a low-gradient meandering stream with long pools and floodplain vegetation along its banks separated by urban encroachment. MassDEP’s 2014 Integrated List of Waters classified the majority of the river (identified as MA21-18) as a Category 5 Water impaired for multiple uses and requiring the development of Total Maximum Daily Loads (TMDL). MassDEP found that the river is impaired due to combined biota/habitat bio-assessments, debris/floatables/trash, fecal coliform, presence of polychlorinated biphenyls (PCB), and taste and odor. The poor water quality and habitat value is reflected in the impoundment, which is trash-filled, stagnant, and devoid of natural vegetation. Approximately one mile downstream of the dam and just before its confluence with the East Branch of the Housatonic, the river enters the Upper Housatonic River Area of Critical Environmental Concern (ACEC). The confluence of the West and East Branches of the Housatonic River also marks the boundary of the "Rest of River" investigation area of the Environmental Protection Agency's (EPA) GE-Pittsfield/Housatonic River cleanup site. Sediment quality throughout the project area is characterized by the presence of heavy metals and petroleum hydrocarbons, consistent with the urban setting of the surrounding watershed. Based upon sediment sampling completed to date, sediment quality within the impoundment appears to be similar to sediment quality upstream and downstream of the dam. PCBs have been detected in sediment samples collected from within the project area, but the project area and river reach are not part of the General Electric cleanup area. A detailed description of the Housatonic River watershed – which includes the West Branch of the Housatonic River – and its biological, physical, socieoncomic, cultural and historical resources is provided in the Massachusetts Housatonic River Watershed Restoration Program Final Programmatic Environmental Assessment (Mass SubCouncil 2007), which can be accessed on-line at: http://www.ma-housatonicrestoration.org/library/PEA%20MA%20Housatonic%20Final%20052407.pdf The following sections are intended to supplement the affected environment description provided in the 2007 Programmatic Environmental Assessment by providing new and more up to date information where relevant.

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4.1 Threatened and endangered species The northern long-eared bat, which is listed as threatened with a 4(d) rule under the Endangered Species Act, may be present in the project area, although there are no recent records confirming their presence and there are no known maternity roosts or hibernacula within miles of the project area. During the summer, northern long-eared bats roost singly or in colonies in forested habitat underneath bark, in cavities, or in crevices of both live trees and snags (dead trees). During the evening, northern long-eared bats forage in a variety of forested and non-forested habitats, including wetlands. During winter, northern long-eared bats hibernate in caves and mines (hibernacula) with constant temperatures, high humidity, and no air currents. Factors affecting the species include modifications to bat hibernacula, disturbance of hibernating bats, and loss of forest habitat, including forest fragmentation. There are no known state-listed species of concern within the project area. 4.2 Cultural, Historic and Archaeological Resources The Housatonic River, its floodplain and its associated wetlands in the Pittsfield area have strong cultural significance for the Stockbridge-Munsee Band of Mohican Indians, whose ancestors lived along and relied upon the Housatonic River and its natural resources. The particular stretch of the river where the dam removal is taking place has experienced layers and layers of modification during the early modern development of the factory complexes at the site dating back to the 1880s. These modifications include the development of mill complexes in the floodplain and channelization of the river. Given the heavy modification of the project area, it is unlikely that any intact archaeological resources are present. Additionally, given the shallow depth of impact of the sediment removal (sediment removal is focused on alluvial deposits that have traveled down the river since the installation of the dam) it is unlikely that any archaeologically or culturally significant resources will be uncovered during the dam removal process. The USFWS consulted with the Stockbridge-Munsee Band of Mohican Indians during the project planning process and the Tribe has issued a finding of no adverse effect for the project under Section 106 of the National Historic Preservation Act. In the event that an item of cultural significance is inadvertently found during the project, the USFWS has incorporated the Tribe’s Policy for Treatment and Disposition of Human Remains and Cultural Items That May be Discovered Inadvertently during Planned Activities into its construction plan for the project. The USFWS consulted with the Massachusetts Bureau of Underwater Archaeology (BUAR), which examined early historic maps of the project area and found record of numerous early mill sites whose precise locations could not be determined to be within or outside the project area. Based on the results of this review, BUAR was unable to determine that there are no submerged cultural resources in the project area, and therefore requested that the USFWS develop an Unintended Discovery Plan, consistent with BUAR’s Policy Guidance for the Discovery of Unanticipated Archaeological Resources.

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The USFWS consulted with the Massachusetts Historic Commission (MHC) during the development of this project to better understand what historical resources could be present. The Tel-Electric Company mill associated with the extant dam was an early 20th century manufacturer of electrical player pianos and roll sheet music. The mill and dam at this location was formerly the location of the larger structural complex of the T.L. Pomeroy & Sons Satinnet Mill during the 19th century. The current mill building and inactive dam are no longer associated with either of these industries and the mill building and dam appear to have been modified in the later 20th century. In the MHC’s opinion, the dam does not appear to meet the National Register Criteria of Evaluation (36 CFR 60). There are four bridges within the project area:

Boston and Main Railroad Spur Line Bridge (MHC # PIT.914; EENF RRBr. #1) Conrail Bridge (PIT.911; EENF RR Br. #3) B&M Railroad Bridge (PIT.909; EENF RR Br. #2) West Street Bridge (PIT. 917)

MHC has previously concurred with the Federal Highway Administration in 1988 that the B&M Railroad bridge (PIT.909) meets the Criteria of Evaluation (36 CFR 60) for listing in the National Register of Historic places for its engineering significance. The Conrail Bridge and Boston and Maine Railroad Spur Line Bridge (PIT. 911 and 914, respectively) do not meet the Criteria of Evaluation (36 CFR 60) for listing in the National Register of Historic Places. The West Street Bridge (PIT. 917) appears to meet the Criteria of Evaluation (36 CFR 60) for its engineering significance as a relatively well-preserved and rare example of the Neo-Classical reinforced concrete arch bridge design in Pittsfield. 4.3 Environmental Justice Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” requires Federal agencies to examine proposed actions to determine whether they will have disproportionately high and adverse human health or environmental effects on minority or low income populations. The Commonwealth of Massachusetts identifies a community as an Environmental Justice community if any of the following are true:

Block group whose annual median household income is equal to or less than 65 percent of the statewide median ($62,072 in 2010); or

25% or more of the residents identify as a race other than white; or

25% or more of households have no one over the age of 14 who speaks English only or very well - English Isolation

A map of environmental justice communities published in 2010 by the Massachusetts Executive Office of Energy and Environmental Affairs indicates that the area surrounding the Tel-Electric Dam Removal Project meets two of the Commonwealth’s environmental justice criteria:

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Block group whose annual median household income is equal to or less than 65 percent of the statewide median ($62,072 in 2010); and

25% or more of the residents identify as a race other than white.

5.0 ENVIRONMENTAL EFFECTS The environmental effects of both the preferred and no action alternatives are evaluated below. Environmental effects, under NEPA, refer to the effects a project has on biological, physical, socioeconomic, cultural and historic resources. These effects can be adverse or beneficial; short or long-term; direct or indirect; and significant or insignificant. If effects are considered “significant” under NEPA then they must be further evaluated in an Environmental Impact Statement. The no action alternative will have an adverse effect on biological, physical and socioeconomic resources because the dam will be left in place, continuing to cause a risk to public safety and preventing natural riverine processes from occurring. The preferred alternative, which is to remove the Tel-Electric Dam, is expected to have a long-term beneficial effect on ecological resources (improved water quality, sediment transport, and native resident and migratory species recovery) and on socioeconomic resources (revitalization of the Pittsfield riverfront, protection of property and infrastructure, reduced flooding, and protection of human health and safety). The preferred alternative is also expected to have several adverse effects to ecological resources, most of which are expected to be short-term and all of which are expected to be insignificant in nature. The project is expected to have a neutral effect (neither adverse nor beneficial) on historic and cultural resources. The effects of Tel-Electric Dam Removal project were extensively analyzed through the MEPA process and are summarized in the Secretary’s Certificate for this Tel-Electric Dam Removal Project (EEA 2018), which can be found at, https://eeaonline.eea.state.ma.us/EEA/emepa/mepadocs/2018/122618em/sc/eir/15510%20Mill%20Street%20(Tel-Electric)%20Dam%20Removal.pdf The Secretary’s Certificate is incorporated by reference in this SEA. The Secretary’s Certificate found that all relevant issues and concerns related to the environmental effects of the Tel-Electric Dam Removal Project had either been addressed through revisions to the project design and construction plans for the project or would be addressed by the requisite state, local and federal permitting processes required for the project. The following sections are intended to supplement the MEPA analysis for the project. 5.1 No Action Alternative The no action alternative, which involves leaving the Tel-Electric Dam in place, will have multiple adverse effects to biological and physical resources and potentially significant adverse impacts to socioeconomic resources. In regards to biological and physical resources, the dam in its current condition adversely impacts aquatic organisms, many of which cannot move upstream

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or downstream past the dam. The dam also prevents natural riverine processes from occurring, such as the downstream movement of sediment from higher up in the watershed. The condition of the Tel-Electric Dam is so poor that it is a public safety hazard. If the dam fails, there will be an uncontrolled release of water and sediment from the impoundment with the potential to damage downstream property and infrastructure, as well as cause injury and/or loss of life. There are no clear beneficial effects of leaving the dam in place and no funds available to support its repair. 5.2 Preferred Alternative – Dam Removal and River Restoration The effects of dam removals on physical, biological, socioeconomic, historic and cultural resources have been extensively described and analyzed in section 4.5.2.3 of the NOAA Restoration Center’s “Programmatic Environmental Impact Statement for habitat restoration activities implemented throughout the coastal United States” (RC PEIS), which is incorporated by reference in this document (NOAA 2015). Additional details specific to the Tel-Electric Dam Removal Project are provided here. The preferred alternative will have an overwhelmingly beneficial, long-term effect on physical, biological and socioeconomic resources in the project area. The project will benefit aquatic and terrestrial organisms by improving in-stream and floodplain habitat. The dam will no longer prevent the movement of organisms along the river corridor. Revegetated boulder revetments within the river channel will provide habitat for reptiles, amphibians and small mammals. The project will create a more natural river bottom in the project area, which will benefit fish and benthic macroinvertebrates. Water quality will benefit through the re-creation of the river channel (which will help to lower water temperatures and increase dissolved oxygen in the water), and removal of contaminated sediment that has built up behind the dam. Additionally, the City of Pittsfield will benefit socioeconomically by the removal of the dam, which is a public safety hazard that exacerbates flooding upstream of the dam. The community around the dam is an Environmental Justice Community and the dam removal will have a directly beneficial effect on this community by improving safety and reducing the risk of flooding for people in this community. Additionally, the City of Pittsfield is hoping to use the dam removal as a catalyst to revitalize the West Branch Housatonic River corridor through this area and potentially create a greenway in this location, which would increase recreational opportunities in this Environmental Justice Community. This project is not expected to have any adverse effects to the Environmental Justice Community, nor will the project have disproportionately high and adverse human health or environmental effects on minority or low income populations. The USFWS has issued a finding that this project is in compliance with the Endangered Species Act 4(d) rule that was adopted for the northern long-eared bat. It is possible that tree removal associated with this project could adversely affect the northern long-eared bat. However, there are no recent records confirming the presence of the bat in the area and there are no known maternity roosts within miles of the project area. Less than 0.1 acres of trees are expected to be removed as part of the project, and any take that may occur as a result of the project is not prohibited under the ESA Section 4(d) rule adopted for this species.

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There are several adverse effects associated with the Tel-Electric Dam Removal Project, including construction noise, disruption and diesel emissions; water quality impacts due to water diversion; the removal of trees and vegetation to establish temporary construction entrances to the site; and the mortality of some non-motile organisms (organisms that are not able to move freely or easily) residing in the sediment behind the dam. None of these effects are considered to be significant within the context of NEPA. The construction noise and disruption will be temporary and should not cause any great inconveniences to the surrounding community. Pursuant to 40 CFR 80.510, all non-road engines shall be operated using only ultra-low sulfur diesel (ULSD) with a sulfur content of 15 ppm. Material laid down on construction entrances will be removed and these entrances will be revegetated. Native vegetation will be planted along the restored river channel and adjacent floodplain to restore habitat; the plants will be monitored for two years to ensure the restoration is successful. Water in the river channel will be diverted around portions of the project area to allow construction equipment to work in the dry and reduce turbidity. Water diversions alter natural flows and disconnect the water from the channel. However, these diversions will be temporary and will end as soon as the project is complete. Consequently, these adverse effects will be short-term and insignificant within the context of NEPA. Long-term adverse effects will be the mortality of non-motile organisms in the project area that cannot move themselves out of the way. As the impoundment is dewatered, some organisms (mainly invertebrates) residing in the sediment will die. Most organisms that can move will leave the project area. There are no known state of federal endangered or threatened species or species of concern in the project area, and the organism mortality is expected to be insignificant within the context of the larger populations of the common invertebrate species found in this region. Thus, this adverse effect is considered insignificant within the context of NEPA. An additional long-term effect of this dam removal that is considered neutral (neither beneficial nor adverse) will be the conversion of underwater habitat to wetland or floodplain habitat. Once the dam is removed the impoundment behind the dam will once again be a natural free-flowing river, resulting in ecosystem changes. The river channel will narrow to its more natural width, resulting in a reduction of riverfront area of approximately 1.90 acres, or 11% of the total riverfront area present within the project limits. Approximately 2 acres of underwater habitat will be returned to vegetated wetland/floodplain habitat. The conversion of underwater habitat to wetland/floodplain habitat is considered a neutral effect because wetland/floodplain habitats are more beneficial to some species and submerged habitats are more beneficial to others species. Along these lines, when the habitat behind the dam transitions from a more ponded habitat to riverine habitat, the benthic macroinvertebrate community in the project area will shift permanently. Benthic macroinvertebrates are small animals living among stones, logs, sediments and aquatic plants on the bottom of streams, rivers and lakes. They are large enough to see with the naked eye (macro) and have no backbone (invertebrate). The new river channel that is created once the dam is removed will provide improved habitat for many benthic invertebrate species that require flowing water with higher dissolved oxygen levels and a rockier river

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bottom. This shift in benthic macroinvertebrate communities is considered to have a neutral effect as both types of benthic communities have ecological value. Other adverse effects that are commonly associated with dam removal projects, such as impacts to water quality caused by the release of sediment or impacts to infrastructure caused by downcutting of the river channel, will be avoided in this project through careful project planning and design, including the following stipulations:

Construction vehicles will be restricted to clearly demarcated areas and the project's contractor will employ erosion and sedimentation controls during the construction period to minimize water quality impacts;

Cofferdams will be installed to divert water from work areas to minimize mobilization of sediment during the construction period;

A restored river channel, in-stream riffle features and boulder revetments will be constructed in the river to provide aquatic habitat, minimize erosion and maintain the upstream riverbed slope to protect infrastructure;

3,000 cubic yards of contaminated sediment will be removed from the impoundment, thus removing contaminants from the river system and preventing the downstream movement of these contaminants; contaminant concentrations in the watershed appear similar upstream, downstream, and within the dam impoundment and sediment stabilized in the new floodplain contains pollutant concentrations similar to urban background levels;

A sediment management plan will be developed and implemented, including the reuse and/or recycling of debris from the dam removal;

Spill prevention and control measures and a notification process will be implemented in the event that oil and/or hazardous material is identified in the work area.

This project is expected to have a neutral (neither beneficial nor adverse) effect on historic and cultural resources. The project is not expected to have any adverse effects to historic resources due to the implementation of a Historic Properties Protection and Avoidance Plan (HPPAP) and Unintended Discovery Plan (UDP) for the project. The HPPAP and UDP were developed by the Public Archaeology Laboratory (PAL, Inc.) on behalf of the USFWS, and in consultation with the MHC, BUAR, and the Stockbridge-Munsee Band of Mohican Indians. The HPPAP and UDP also incorporate the Stockbridge-Munsee Band of Mohican Indian’s Policy for Treatment and Disposition of Human Remains and Cultural Items That May be Discovered Inadvertently during Planned Activities. The HPPAP and UDP will be part of the construction documents for the project. Experts from PAL, Inc. will be involved in reviewing construction plans, placing brightly colored fencing around the historic bridges, advising construction personnel and monitoring on-site construction activities. Additionally, during the removal of the Tel-Electric Dam, scour protection (rock) will be placed around the bases of the bridges, which will provide added long-term protection for these historic resources. The HPPAP and UDP are too lengthy to provide as an appendix, but the USFWS will provide copies of these plans to those who might be interested (contact Molly Sperduto at [email protected] or 603-227-6415).

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The MHC, Stockbridge-Munsee Band of Mohican Indians and the USFWS have concluded that this project will have no adverse effects to historic and cultural resources under Section 106 of the National Historic Preservation Act as long as the HPPAP and UDP (including tribal policies) are implemented. 5.3 Cumulative Effects A cumulative impact analysis considers the potential impact to the environment that may result from the incremental impact of the Tel-Electric Dam Removal when compounded with other past, present, and reasonably foreseeable future actions (40 CFR 1508.7). The Tel-Electric Dam Removal Project will have a long-term beneficial effect on the human environment when considered cumulatively within the context of other ongoing efforts to restore natural and recreational resources within the Housatonic River watershed in Massachusetts. Due to the multitude of ecological stressors that continue to persist in this part of the Housatonic River watershed, the USFWS does not expect this cumulative beneficial effect to rise to the level of “significant” within the context of NEPA. 6.0 CONSULTATION, COORDINATION AND PERMITTING The following individuals, Federal, State, and local agencies, Tribes, and non-governmental organizations were consulted during the development of the Tel-Electric Dam Removal Project:

U.S. Fish and Wildlife Service, Northeast Region Massachusetts Department of Fish and Game, Division of Ecological Restoration U.S. Army Corps of Engineers; U.S. Environmental Protection Agency Eversource City of Pittsfield Boston & Maine Railroad CSX Transportation Massachusetts Department of Environmental Protection Massachusetts Historical Commission Massachusetts Board of Underwater Archaeological Resources

. 6.1 Required Permits and Approvals In addition to this Supplemental EA, which ensures compliance with NEPA and the Endangered Species Act, the following permits and/or consultations are required by state, tribal, local and federal agencies:

Massachusetts Secretary of Energy and Environmental Affairs – Expanded Environmental Notification Form Notice of Project Change / Single EIR under the Massachusetts Environmental Policy Act

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Massachusetts Department of Environmental Protection – Combined Chapter 91 Waterways Permit (dredging) and 401 Water Quality Certificate

Massachusetts Department of Conservation and Recreation – Chapter 253 Dam Permit (Office of Dam Safety)

Massachusetts Historical Commission – Project Notification Form, Historic Properties Protection and Avoidance Plan

Stockbridge-Munsee Band of Mohican Indians – Unintended Discovery Plan U.S. Army Corps of Engineers – Massachusetts Section 404 General Permit (Pre-

Construction Notice) U.S. Environmental Protection Agency – Non-point Source Pollution Discharge

Elimination System (NPDES) Construction General Permit City of Pittsfield – Order of Conditions from the Pittsfield Conservation Commission

Combined, these permits and approvals ensure that the Tel-Electric Dam Removal Project is in compliance with a multitude of federal laws and regulations, including the Clean Water Act, the National Historic Preservation Act, NEPA, the National Historic Preservation Act, along with all applicable federal, state and local policies, laws and regulations. 7.0 CONCLUSION The USFWS is selecting to implement its preferred alternative, Dam Removal and River Restoration and finds that the effects of the Tel-Electric Dam Removal will be overwhelmingly beneficial. Many potential adverse effects are being minimized due to the project design and the establishment of the Historic Properties Protection and Avoidance Plan and Unintended Discovery Plan. Those adverse effects that will occur are expected to be insignificant within the context of NEPA. The net benefits of this dam removal project far outweigh its limited adverse impacts to the environment. The USFWS concludes that preparation of an Environmental Impact Statement is unnecessary and is thus issuing a Finding of No Significant Effect (FONSI). 8.0 LIST OF PREPARERS Lauren Bennett, USFWS Andrew Major, USFWS Molly Sperduto, USFWS 9.0 REFERENCES Collins, M. et al., 2007. Stream Barrier Removal Monitoring Guide. Gulf of Maine Council on

the Marine Environment, accessed on-line May 7, 2019 at, http://www.gulfofmaine.org/streambarrierremoval/Stream-Barrier-Removal-Monitoring-Guide-12-19-07.pdf .

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Council on Environmental Quality (CEQ), 2012. Memorandum on Improving the Process for Preparing Efficient and Timely Environmental Reviews under the National Environmental Policy Act, issued on March 6, 2012, and accessed on-line on May 7, 2019 at https://ceq.doe.gov/docs/ceq-regulations-and-guidance/Improving_NEPA_Efficiencies_06Mar2012.pdf .

Massachusetts Executive Office of Energy and Environmental Affairs, 2018. Certificate of the

Secretary of Energy and Environmental Affairs Single Environmental Impact Report/Notice of Project Change for the Mill St. (Tel-Electric) Dam Removal Project, issued December 14, 2018 and accessed on-line on May 7, 2019 at https://eeaonline.eea.state.ma.us/EEA/emepa/mepadocs/2018/122618em/sc/eir/15510%20Mill%20Street%20(Tel-Electric)%20Dam%20Removal.pdf .

Massachusetts Sub-Council of the Housatonic Natural Resource Trustees, 2007. Massachusetts

Housatonic River Watershed Restoration Program Final Programmatic Environmental Assessment, published April 2007 and accessed on-line on May 7, 2019 at, http://www.ma-housatonicrestoration.org/library/PEA%20MA%20Housatonic%20Final%20052407.pdf

Massachusetts Sub-Council of the Housatonic Natural Resource Trustees, 2007. Massachusetts

Housatonic River Watershed Restoration Program, Final Round 1 Restoration Plan and Supplemental Environmental Assessment, published October 12, 2007 and accessed on-line at, http://www.ma-housatonicrestoration.org/library/documents/FINAL%20RP_SEA__101207%20ForPublicReview.pdf

National Oceanic and Atmospheric Administration, 2015. Restoration Center Programmatic

Environmental Impact Statement, published June 2015 and accessed on-line on May 7, 2019 at, https://casedocuments.darrp.noaa.gov/southwest/vogetrader/pdf/4005_NOAA_Restoration_Center_Final_PEIS.pdf .

U.S. Fish and Wildlife Service, 2016. Final 4(d) Rule for the Northern Long-Eared Bat, issued

on January 14, 2016 and accessed on-line on May 7, 2019 at, https://www.federalregister.gov/documents/2016/01/14/2016-00617/endangered-and-threatened-wildlife-and-plants-4d-rule-for-the-northern-long-eared-bat .

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FINDING OF NO SIGNIFICANT IMPACT

Together, the U. S. Fish and Wildlife Service (USFWS) and the Massachusetts Executive Office of Energy and Environmental Affairs (EEA), represented by the Massachusetts Department of Environmental Protection (MassDEP), comprise the Massachusetts SubCouncil of the Housatonic River Natural Resource Trustees (Mass SubCouncil). The Mass SubCouncil is partnering with the Massachusetts Department of Fish and Game’s Division of Ecological Restoration (MassDER) and the City of Pittsfield to remove the Tel-Electric (Mill St.) Dam on the West Branch of the Housatonic River in Pittsfield, Mass. The purpose of this project is to restore ecological processes in the West Branch and eliminate risks to life and property associated with the existing, obsolete Tel-Electric Dam. The Tel-Electric Dam Removal Project was first evaluated in accordance with the National Environmental Policy Act (NEPA) in the Mass SubCouncil’s 2007 Massachusetts Housatonic River Watershed Restoration Program Final Round 1 Restoration Plan and Supplemental Environmental Assessment (Round 1 Final Restoration Plan). New and more detailed information is now available regarding the design and sediment management approach for the project. As a result, this Supplemental Environmental Assessment (SEA) has been prepared in accordance with NEPA, 42 U.S.C. §§ 4321, et seq., the regulations of the Council on Environmental Quality for implementing NEPA (40 Code of Federal Regulation [CFR] 1500-1508), and the implementing regulation (36 CFR 800). This SEA analyzes the impacts of two project alternatives on the human environment: a Preferred Alternative – Dam Removal and River Restoration and a No Action Alternative. A third alternative focused on repairing the existing dam was explored early on but not pursued due to lack of feasibility and funding. The preferred alternative, which is to remove the Tel-Electric Dam and restore the river channel through the project area, will have a beneficial effect on the biological, physical, and socioeconomic environment by 1) removing a barrier to fish and wildlife movement; 2) improving water quality; 3) improving instream habitat for aquatic organisms; 4) dredging and removing polluted sediments from the river; 5) protecting surrounding infrastructure; 6) eliminating a public safety hazard; and 7) reducing area flooding. In addition to these beneficial effects, the preferred alternative complements and supports the USFWS’s ongoing efforts to restore aquatic connectivity in rivers throughout the Northeast in order to in order to improve aquatic connectivity for fish and wildlife and improve the flood resiliency of local communities. Under the No Action Alternative, the dam would be left in place, causing a continued threat to public safety as well as continued adverse effects to ecological resources upstream of, downstream of, and in the project area. The No Action alternative will provide no beneficial effects to the ecological environment, nor is this alternative protective of human health and safety. The preferred alternative of removing the Tel-Electric Dam will have some limited adverse effects to physical and biological resources, all of which are considered insignificant within the context of NEPA. These adverse effects include construction noise and disruption, the removal of trees and vegetation to establish temporary construction entrances to the site, and the mortality

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of non-motile organisms (organisms that are not able to move freely or easily) residing in the sediment behind the dam. It is anticipated that there will be some temporary adverse impacts to water quality during project implementation, as water in the river channel will be diverted around the project area, causing disruption to natural stream flows. There are no expected adverse effects to threatened or endangered species or species of concern and no expected adverse effects to historical or cultural resources. Rock will be used as needed to protect the bridges – as well as sewer and water utilities – in the project area from scour; thus there are no expected adverse impacts to any infrastructure in the area. The project design focuses on removing 3,000 cubic yards of contaminated sediment from the impoundment behind the dam and stabilizing the sediment that remains so that it does not move downstream. Project partners are consulting with the U.S. Environmental Protection Agency and MassDEP on the testing and removal of the contaminated sediment in accordance with the Toxic Substances Control Act of 1976 (15 U.S.C. Sec. 2601 et seq.); the Massachusetts Oil and Hazardous Materials Release Prevention and Response Act (Massachusetts General Laws, Chapter 21E); and the Massachusetts Contingency Plan (3110 C.M.R. 40.0000).  To further minimize turbidity during construction, the project will be implemented in phases during low flows and water will be diverted around the work site as necessary to reduce turbidity and sediment movement. Erosion control measures, including silt rock and silt fence will be installed throughout the project area (including around stored piles of sediment that are drying prior to being trucked offsite) to minimize erosion and water turbidity. Areas that are cleared in order to establish construction access paths will be revegetated. A combination of grouted riprap, in-stream riffle grade control features, and vegetated boulder revetments will be used in the river channel itself to minimize the downstream migration of sediment once water is diverted back to the river channel. The Tel-Electric Dam Removal Project is expected to have no adverse effects to historic and cultural resources, including the two railroad bridges within the project area that meet the criteria for listing on the National Register of Historic Places. The USFWS has consulted with the Massachusetts Historical Commission (MHC), the Stockbridge-Munsee Band of Mohican Indians, and the Massachusetts Board of Underwater Archaeology (BUAR) under Section 106 of the National Historic Preservation Act and has worked with all three organizations to develop a Historic Properties Protection and Avoidance Plan and an Unintended Discovery Plan for the project. Both the MHC and Stockbridge-Munsee Band of Mohican Indians have approved this plan and formally issued a finding of no significant effect for the project in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended (36 CFR 800). Resource agencies, abutters, other stakeholders and the public have been involved throughout the feasibility, design and engineering stages of the project. The project is undergoing multiple local, State, and Federal permitting processes that require extensive environmental and planning agency circulation, as well as ample public notice and involvement. The public has had multiple opportunities to comment on the design and construction approach for the project through the Massachusetts Environmental Policy Act (MEPA) process. The project management team has

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