2011 PHASE 4C FLOODPLAIN PROPERTY VERNAL POOL … · (class Bivalvia), water striders (family...

Weston Solutions, Inc. Suite 100 45 Constitution Avenue Concord, New Hampshire 03301 603-656-5400 Fax 656-5401 www.westonsolutions.com

M E M O R A N D U M

TO: Dean Tagliaferro, U.S. Environmental Protection Agency Susan Svirsky, U.S. Environmental Protection Agency

FROM: Michael Argue, Weston Solutions, Inc.

DATE: 11 January 2012

RE: GE Pittsfield/Housatonic River Project; Task Order 4 W.O. No. 20504.246.098 2011 Phase 4C Floodplain Property Vernal Pool Monitoring Summary DCN: HR-011112-AAPZ

Introduction

On 14 April 2011, the General Electric Company (GE) conducted a post-remediation inspection of the vernal pool on Parcel I6-1-106, located within the Phase 4C Non-Residential Floodplain Properties Remedial Action Area. Stantec Consulting Services, Inc. (Stantec) and Weston Solutions, Inc. (Weston) oversaw this inspection on behalf of the U.S. Environmental Protection Agency (EPA), and the Massachusetts Department of Environmental Protection (MA DEP) was also in attendance. As specified in GE’s 6 April 2010 Final Completion Report for Removal Action for Housatonic River Floodplain – Non-Residential Properties (FCR), the purpose of the vernal pool inspection was to “document (via the Obligate Species Method, as defined by the Massachusetts Division of Fisheries & Wildlife’s Natural Heritage & Endangered Species Program [NHESP] in its Guidelines for the Certification of Vernal Pool Habitat [March 2009]) acceptable breeding evidence for those vertebrate and invertebrate species that rely on vernal pools for all or a portion of their life cycle and are unable to successfully complete their life cycle without vernal pools”. Stantec conducted a follow-up inspection of the vernal pool on 9 June 2011 under Weston oversight, and Weston conducted multiple additional visits to the vernal pool between early April and late July 2011 to track the physical and biological characteristics of the pool.

Background

Vernal pools are ephemeral fresh-water wetlands which do not hold water permanently and are free of breeding populations of fish (Kenney and Burne, 2009). The NHESP Guidelines for the Certification of Vernal Poll Habitat (NHESP Guidelines) indicate that, while some vernal pools may be filled by spring rains and snowmelt, and then dry out during the summer, many vernal pools are filled by autumn rains and persist throughout the winter, and others are semi-permanent

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Dean Tagliaferro Susan Svirsky U.S. Environmental Protection Agency - 2 - 11 January 2012

and do not dry out each year (see Attachment A – NHESP Guidelines for the Certification of Vernal Pool Habitat). Numerous vertebrate and invertebrate species have evolved adaptive strategies through which, for a portion of their life cycles, they benefit from the exploitation of ephemeral wetlands devoid of fish and associated predation. Some of these species, referred to as “obligate” or “direct indicator” species, are completely dependent on ephemeral wetlands for parts of their life cycles (Kenney and Burne, 2009).

In accordance with the FCR, GE conducted post-remediation inspections of the vernal pool at Parcel I6-1-106 (the vernal pool) using the Obligate Species Method as defined in the NHESP Guidelines. This method requires that specific physical and biological criteria be documented. The required physical characteristics are that the pool holds water, and has no permanently-flowing outlet. The required biological criteria include the presence of fairy shrimp (Eubranchipus sp.), or breeding evidence of obligate vertebrate species, including any of the following amphibians: the wood frog (Rana sylvatica), the spotted salamander (Ambystoma maculatum), the blue-spotted salamander (Ambystoma laterale), the Jefferson salamander (Ambystoma jeffersonianum), or the marbled salamander (Ambystoma opacum). Acceptable breeding evidence for the wood frog includes any of the following: (1) a full breeding chorus, with calls “constant, continuous and overlapping”, (2) five or more mated pairs, (3) five or more egg masses (this number may include obligate salamander egg masses), (4) any number of larvae, or (5) transforming juveniles in the pool with tail remnants. Acceptable breeding evidence for obligate salamander species includes any of the following: (1) adult salamanders congressing, (2) spermatophores, (3) a marbled salamander attending a nest, (4) a total of five egg masses, regardless of species (including the wood frog), (5) one egg mass of blue-spotted or Jeffersonian salamander, (6) any number of larvae, or (7) transforming juveniles in the pool with gill remnants. (Note that the blue-spotted, Jeffersonian and marbled salamanders are all designated as Massachusetts Species of Special Concern).

Inspection Results

GE’s 11 May 2011 Summary of April 2011 Inspection of Vernal Pool at Group 4C Floodplain Properties (GE Summary) documents the final required GE post-remediation inspection of the vernal pool, which was conducted on GE’s behalf by AECOM. Previous GE post-remediation inspections of the vernal pool were conducted on 22 April 2009 and 8 April 2010. The GE Summary documented the presence of fairy shrimp (Eubranchipus vernalis), which is an obligate invertebrate species, and approximately 100 wood frog egg masses, which is breeding evidence of an obligate vertebrate species. These observations satisfy the biological criteria for vernal pools specified by the Obligate Species Method. The GE Summary does not indicate whether the physical characteristics of the vernal pool meet the physical criteria specified in the Obligate Species Method (i.e.: the lack of a permanently-flowing outlet).

G:\PROJECTS\TASK ORDER 4\2011 Vernal Pool Inspections\2011 VP Memo\Vernal Pool Memo_2011_fin


Stantec oversaw GE’s 11 April inspection, and conducted a follow-up inspection on 9 June. Stantec’s Final 2011 4C Floodplain Vernal Pool Monitoring Summary, dated 20 June 2011 (Stantec Summary), verified the findings documented in the GE Summary, and provided additional information regarding the physical characteristics of the vernal pool, the range of invertebrate and vertebrate species that were observed at the pool, and a discussion about these observations (see Attachment B – Stantec Vernal Pool Monitoring Summary).

In its discussion of the results of the 11 April survey, the Stantec Summary notes that, in addition to fairy shrimp, multiple other macroinvertebrates were observed within the vernal pool, including daphnia (class Branchiopoda), mosquito larvae (family Culicidae), fingernail clams (class Bivalvia), water striders (family Gerridae), mayflies (order Ephemeroptera), backswimmers (family Notonectidae), caddisflies (order Trichoptera), and others. Additionally, Stantec notes that the presence of fairy shrimp (which were absent during the 2010 survey), and the absence of green frog tadpoles (Rana clamitans melanota) (which were present during the 2010 survey), suggests that the vernal pool dried out during 2010. Photographic evidence that the pool dried out in 2010 is provided in Attachment C (see Attachment C – Photodocumentation Log).

In its discussion of the follow-up survey conducted on 9 June, the Stantec Summary notes that an abundance of wood frog tadpoles, estimated to number over 1,000, were observed within the vernal pool, and that most tadpoles captured during the inspection had developing hind legs and some had developing front legs. Stantec noted that approximately eight adult green frogs were observed along the margins of the pool, with a small number of recurring advertisement calls being heard, and that one green frog egg mass was identified. Stantec also noted the presence of numerous additional macroinvertebrates that were not identified in its discussion of the 11 April survey, including predaceous diving beetle larvae and adults (order Coleoptera), damselfly larvae (suborder Zygoptera), dragonfly larvae (suborder Anisoptera), chironomid midges (family Chironomidae), phantom midges (family Chaoboridae), planorbid snails (class Gastropoda), and others. The discussion notes that fairy shrimp appeared to be absent during the follow-up survey, but indicates that this is not atypical, and could be attributable to the relatively short life span of fairy shrimp (approximately 16 days), or other factors.

In its discussion of inspection results and their relationship to restoration requirements, the Stantec Summary indicates that the vernal pool meets the Obligate Species Method physical criterion of not having a permanently-flowing outlet, and the biological criteria of containing fairy shrimp and greater than five wood frog egg masses. Stantec concludes that the vernal pool appears to qualify for certification under the criteria established in the NHESP Guidelines.

Weston conducted 11 inspections of the vernal pool between early April and late July 2011. The following is a discussion of Weston’s observations.



8 April 2011: On its approach to the vernal pool for the first visit of the year, Weston captured approximately 90 seconds of audio of a breeding chorus of adult wood frogs. As Weston came into view of the pool, the chorus stopped. During this visit, Weston observed numerous fairy shrimp in several portions of the pool, and approximately 51 wood frog egg masses in the shallows along the northwestern edge of the pool. A snapping turtle (Chelydra serpentina) with a shell measuring approximately 10 inches from front to back was also observed within the pool. Weston captured video of the fairy shrimp and wood frog egg masses, which it has on file, along with the audio of the breeding chorus. Representative photographs of the wood frog egg masses taken during this visit are included in Attachment C.

14 April 2011: AECOM members Dennis Lowry and Scott Egan conducted an inspection of the vernal pool in accordance with the FCR, as described above. Oversight of this inspection was conducted by Kevin Mooney (GE), Todd Chadwell (Stantec), Mike Argue (Weston), and Mike Backunas (MA DEP). No evidence of green frog tadpoles (which predate upon wood frog larvae) was observed by any of the attendees of this inspection. As noted above, approximately 100 wood frog egg masses, and numerous fairy shrimp were observed during this inspection. Weston recorded video of the fairy shrimp, and photodocumented the fairy shrimp and wood frog egg masses.

27 April 2011: Weston conducted an inspection of the vernal pool and captured approximately 4 minutes of video in two locations along the northwestern edge of the pool. Each video sequence was recorded looking straight downward into the water column at close range (showing approximately 1 square foot of the pool’s surface area), and recorded abundant wood frog tadpoles and fairy shrimp that swam within the camera’s field of view.

25 May 2011: Weston member Mike Argue and Arcadis member Paul Filippetti visited the vernal pool during a post-removal site control inspection at the Phase 4C Floodplain Properties, and observed a dense and widespread congregation of wood frog tadpoles, estimated by Argue to number into the thousands, in warm sunlit shallows at the western corner of the pool. Photodocumentation collected during this visit clearly shows the characteristic gold flecking along the sides of the tadpoles.

27 May 2011: Weston conducted an inspection of the vernal pool and observed/ photodocumented abundant wood frog tadpoles, estimated to number into the thousands, evenly distributed close to the surface in sunlit portions of the pool. Photodocumentation showed that the tadpoles were beginning to develop hind legs. A snapping turtle was also observed within the pool and photodocumented during this visit.

3 June 2011: Weston visited the vernal pool and captured approximately 50 wood frog tadpoles to assess their stage of development and for photodocumentation purposes. Most of the tadpoles that were captured had hind legs developing, and many of these were well-developed. The



photodocumentation of the pool itself shows abundant tadpoles in sunlit waters near the surface of the pool.

9 June 2011: Stantec representative Eric Ford conducted a follow-up inspection of the vernal pool with oversight by Weston representative Mike Argue, as discussed above.

20 June 2011: Weston visited the vernal pool and captured video and photographs of numerous wood frog larvae near metamorphosis in shallow sunlit water. These larvae were beginning to take on the look of adults, with front and hind legs, well-defined dorsolateral ridges, and recognizable bony head structure. Additionally, approximately 12 fully-metamorphosed juvenile wood frogs were observed partially emerged from the pool and among the vegetation beyond the margins of the pool.

12 July 2011: Weston visited the vernal pool and observed approximately 35 juvenile wood frogs among the vegetation around the margins of the pool. Six individuals were captured and placed into a container for photodocumentation. No wood frog larvae could be seen in the vernal pool, apparently indicating that the majority of the larvae had completed their metamorphosis and migrated to the surrounding upland habitat.

19 July 2011: Weston member Mike Argue, EPA Project Manager Dean Tagliaferro, and U.S. Fish and Wildlife Service representative Ken Munney conducted a brief visit to the vernal pool (less than 5 minutes) and observed approximately seven juvenile wood frogs near the western corner of the pool.

28 July 2011: Weston visited the vernal pool and observed four juvenile wood frogs in the immediate vicinity of the pool. One of these individuals was photographed. Numerous adult green frogs were observed around the margins of the pool, and several tadpoles, most likely green frog larvae, were observed within the pool.

Conclusion

The GE Summary documented that the vernal pool meets the biological criteria for certification specified in the Obligate Species Method, as defined in the NHESP Guidelines. The Stantec Summary documented that the vernal pool meets both the biological and physical criteria specified in the Obligate Species Method, and concludes that the pool appears to qualify for certification under the criteria established in the NHESP Guidelines. Weston’s inspections of the vernal pool documented the presence of fairy shrimp, a full breeding chorus of wood frogs, approximately 100 wood frog egg masses, wood frog tadpoles estimated to number into the thousands, and transforming juveniles in the pool with tail remnants, any one of which satisfies the biological criteria for vernal pool certification under the Obligate Species Method. Weston



also observed numerous juvenile wood frogs in the immediate vicinity of the vernal pool on several occasions. Finally, Weston concurs with Stantec’s observation that the vernal pool lacks a permanently-flowing outlet.



References

Kenney, L. P. and Burne, M. R. 2009. A Field Guide to the Animals of Vernal Pools. Produced by Natural Heritage and Endangered Species Program, Massachusetts Division of Fisheries & Wildlife, Route 135, Westborough, MA, 01581, and Vernal Pool Association, P.O. Box 2295, Peabody, MA, 01960.


Attachment A

NHESP Guidelines for the Certification of Vernal Pool Habitat

Commonwealth of Massachusetts

Diwi.ion 01 fi.helrie. & Wildlile Wayne F. MacCallum, Director March 2009

Natural Heritage & Endangered Species Program's

quUfefinesfor tfie Certification ofo/ema{CPoo{Jfa6itat

Table ofContents:

Section I. - NHESP Vernal Pool Fact Sheet

Section II. - NHESP Celtification Criteria & Documentation Requirements

Section III. - NHESP Vernal Pool Field Observation Form

Background Information

The NHESP& Vernal Pool Certification: The goal of the Natural Heritage & Endangered Species Program (NHESP) is to protect the state's native biological diversity with its highest priority being the protection of the state's roughly 435 native veltebrate, invertebrate, and plant species officially listed as Endangered, Threatened, or of Special Concern under the Massachusetts Endangered Species Act (M.O.L. c. 131A and implementing regulations 321 CMR 10.00).

The NHESP also administers the state's official vernal pool certification program. NHESP staff does not routinely survey and monitor vernal pools outside of rare species work and special vernal pool projects, but accepts celtain biological and physical documentation submitted by outside scientists, resource managers, and other interested individuals and organizations as the basis for the possible certification of vernal pool habitat.

Why were the Guidelines/or the Certification o/Vemal Pool Habitat Revised in 2009? Revisions to the Guidelines are designed to ensure consistency between the NHESP certification criteria and the biological andphysical criteria of 'vernal pool habitat' in the WPA regulations (310 CMR 10.04, 10.57(1)(a)(3), 10.57(1)(b)(4), and 10.58(1)). The Guidelines have been modified to increase the confidence that pools that become certified provide essential breeding habitat for certain amphibians that require vernal pools. This is necessary, for example, because facultative vernal pool species use a variety of temporary and permanent wetlands and are not always reliable indicators of hydroperiod (two months inundation) or vernal pool habitat. The revised Guidelines address this by reducing the number of facultative species that can be used for celtification. In addition, they enhance the requirements for documenting the physical and biological characteristics ofa vernal pool (see sections II. and III. for specific changes). Overall, the revised Guidelines contribute to the defensible certification of vernal pool habitat in the variety ofwetlands where they, in fact, occur.

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Diwi_ion of

fi_hewie_ & Vii

Wayne F. MacCallum, Director March 2009

:NJI!ESp quUfefinesfor tlie Certification ofo/erna{poorJ{a6itat I. VERNAL POOL FACT SHEET

What Are Vernal Pools?

Vernal pools are temporaty bodies of fresh water that provide important habitat for many vertebrate and invertebrate species. "Vernal" means spring, and indeed, many vernal pools are filled by spring rains and snowmelt, and then dlY during the summer. However, many vernal pools are filled by autumn rains (i.e., "autumnal pools") and persist through the winter and others are semi-permanent and do not dly evelY year. Vernal pools are quite often velY small and shallow; vernal pools that SUppOlt rich communities of vertebrate and invertebrate animals may measure only a few yards across. However, vema I pools of several acres also occur throughout Massachusetts.

Where Are Vernal Pools Found?

Vernal pools are common in Massachusetts and occur in almost every town in the state. Vernal pools are found across the landscape where small woodland depressions, swales, 01' kettle holes collect spring runoff or intercept seasonally high groundwater tables. Although many people associate vernal pools with dlY woodland areas, vernal pools also occur in meadows, river floodplains, interdunal swales, and large vegetated wetland complexes. Vemal pool habitat can occur where water is contained for more than two months in the spring and summer of most years and where no reproducing fish populations are present.

Why Are Vernal Pools Valuable?

Vernal pools constitute a unique and increasingly vulnerable type of wetland. Vernal pools are inhabited by many species of wildlife, some of which are totally dependent on vernal pools for their survival. Vernal pools do not support fish because they dry out annually 01' at least periodically. Some may contain water year round, but are free of fish as a result of significant drawdowns that result in

Some state·listed species that may be found in vernal pools:

Species Status' Marbled salamander (Ambystoma opaoum) T Blue-SPOiled salamander (A. laterale) SC Jefferson salamander (A. jeffersonianum) SC Eastern spadefoot toad (Scaphiopus holbroookil) T Blandina's turtle (Emvdoidea blandinail) T Wood turtle (Glvptemvs insculp/a) SC IStafus pursuant to the MA Endangered Species Act T - Threatened; SC - Special Concern.

extremely low dissolved oxygen levels. The wood frog (Lllhobotes sylvollcus) and the four local specIes of mole salamander (Ambys/omo spp.) have evolved breeding strategies intolerant of fish predation on their eggs and larvae; the lack of established reproducing fish popUlations is essential to the breeding success of these species.

Other amphibian species, including the American toad (Anoxyrlls omericonlls), spring peeper (Pseudacris crucifer), and gray treefrog (Hyla verSicolor), often exploit the fish-free waters ofvernal pools but use a variety of different wetland types. Vemal pools also support rich and diverse invertebrate faunas. Some

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I. Vernal Pool Fact Sheet ~ Alarch 2009 - Page 1.2

inveltebrates, such as the fairy shrimp (Eubranchipus spp.), are also dependent upon vernal pools. Invertebrates are both impOitant predators and prey in vernal pool ecosystems. Vernal pools are an impOitant habitat resource for many birds, mammals, reptiles and amphibians, including many species listed under the MA Endangered Species Act (M.G.L c.13IA).

Vernal Pool Protection

Vernal pools became eligible for protection when the Massachusetts Wetlands Protection Act regulations (WPA) (310 CMR 10.00) were revised in 1987 to include 'wildlife habitat' as an interest protected under the WPA. Vernal pools became protected not as a specific wetland type, but rather a wetland function that provides important 'wildlife habitat'. In accordance with the WPA, vernal pools are presumed present in jurisdictional wetland 'Resource Areas' only when mapped and certified by the Natural Heritage & Endangered Species Program (NHESP). Thus, the vernal pool celtification program was established to register the locations of all vernal pools, regardless of jurisdiction, that meet the biological and physical features of 'Vernal Pool Habitat' in the WPA; i.e., those that provide essential breeding habitat for certain amphibians that require vernal pools (310 CMR 10.04, 10.57(1)(a)(3), 1O.57(1)(b)(4), and 10.58(1». Although the NHESP celtifies vernal pool habitat, local conservation commissions and the Massachusetts Oepaltment of Environmental Protection (OEP) are responsible for the regulatory protection of vernal pools.

Other regulations have subsequently incorporated protections for certified vernal pools including: the Massachusetts Surface Water Quality Standards (314 CMR 4.00), Massachusetts Euvironmental Code: Title 5 (310 CMR 15.00), Massachusetts Forest Cutting Practices Act Regulations (304 CMR 11.00), Massachusetts 401 Water Quality Certification Regulations (314 CMR 9.00), and some local wetland bylaws. These regulations extend protections to many certified vernal pools (CVPs) that may not be jurisdictional under the WPA. In addition, the WPA and Forest Cutting Practices Act regulations also provide protection to vernal pools that have not been celtified if their occurrence is adequately documented during permit review.

The Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00) protect celtified vernal pools and lip to 100 feet beyond the pool boundaty by preventing alterations which would result in impairment of the wildlife habitat function of the CVP. In order to receive protection through the WPA, however, CVPs must occur within a jurisdictional wetland 'Resource Area'. If in a 'Resource Area', protection extends to the CVP itself, as well as to the pOition of the 100-foot zone surrounding the CVP (referred to as 'Vernal Pool Habitat') that is within a Resource Area. WPA protection of 'Vernal Pool Habitat' does not extend into non-jurisdictional upland or the buffer zone of a resource area. In summaty, conservation commissions are empowered to prevent the impairment of the capacity of Vernal Pool Habitat to function as wildlife habitat.

Vernal pools that are not certified may also be protected by local conservation commissions or the DEP if credible scientific evidence is presented prior to the end of the appeals period for a Superseding Order of Conditions (OOC) issued by the DEP. A conservation commission, or the DEP on appeal, can incorporate protective conditions into an OOC that would prevent the impairment of the wildlife habitat value of the pool and its 100 foot 'Vernal Pool Habitat' if the pool is not celtified.

The WPA is administered by local conservation commissions under the jurisdiction of the DEP, either of which should be contacted for all questions related to the regulatory protection of certified and potential vernal pools.

Each DEP Regional Office has VemaI Pool Liaison(s) who can be contacted at these locations: NORTHEAST REGIONAL SOUTHEAST REGIONAL CENTRAL REGIONAL WESTERN REGIONAL OFFICE OFFICE OFFICE OFFICE

Wayne Lozzi Daniel Gilmore OR Jennifer Gensel Karen Hirschberg OR 2038 Lowell Street Christopher Ross 627 Main Street Tim McKenna Wilmington, MA 01887 20 Riverside Drive Worcester, MA 01608 436 Dwight Street (978) 694-3200 Lakeville, MA 02347 (508) 792-7650 Springfield, MA 01103

(508) 946-2700 (413) 748-1100

1. Vernal Pool Fact Sheel- Alarch 2009 - Page 1.3

The Massachusetts Surface Water Quality Standards (SWQS) (314 CMR 4.00), administered by the DEP, implement Section 401 of the federal Clean Water Act at the state level. When a project proposes discharges of solid or liquid fill in a wetland under federal jurisdiction, a permit must be obtained from the Army Corps of Engineers. In accordance with the SWQS, the project proponent must first obtain a Water Quality Certification from the DEP, under the Massachusetts 401 Water Quality Certification Regulations (314 CMR 9.00), that states that the discharge complies with the federal Clean Water Act. The SWQS c1assiry CVPs as Outstanding Resource Waters (OR W) for which no new or increased discharge of pollutants, including solid fill or storm water, is allowed, and any existing discharge must cease, or be treated with the highest and best practical methods. Generally, a CVP will be protected from the discharge offill as an ORW, even if the CVP is not subject to WPAjurisdiction as a state wetland.

The Massachnsetts Environmental Title 5 (310 CMR 15.00) regulates the siting and construction of subsurface sewage disposal (septic) systems in the state. A system'S septic tank and distribution box must be located a minimum of 50 feet, and the leaching field a minimum of 100 feet, from the boundary of a CVP. The setback for the leach fields can be reduced if hydrogeologic data demonstrates the pool is hydraulically up-gradient from the proposed system.

The Massachusetts Forest Cutting Practices Act Regulations (304 CMR 11.00) protect CVPs from celtain forestry impacts. Harvesting requirements limit cutting to no more than 50% of the trees within 50 feet of a CVP. They also require that trees or tree tops not be felled in CVPs, and restrict the use of pools as staging areas or skidder trails. Guidelines, similar to the regulations, are established for activities planned near unceltified vernal pools identified by consulting foresters.

Town Wetlands and Zoning By-laws are used by many municipalities to enhance protections to vernal pools. While the details of by-laws are town specific, they are generally intended to increase protection to vernal pools beyond that afforded by the WP A.

The Vernal Pool Boundary

The shallow edges of vernal pool habitat represent one of the most ecologically valuable portions of these habitats. These areas are generally the first to thaw in the spring and provide access to the pool for the earliest breeding species. These shallow water zones also tend to be significantly warmer than the deeper portions of a vernal pool throughout the spring. Egg masses of early breeding amphibians benefit from the warmer water temperatures at the pool edges that promote rapid egg development.

The boundary ofvernal pool habitat must incorporate these shallowest reaches ofthe pool. When there is no distinct and clear topographic break at the edge of a pool, the maximum observed or recorded extent of flooding represents the ecological boundary of the vernal pool. This boundary is evident and should be delineated by leaf staining and other indicators of hydrology outside of the mean annual high water period (March through early April in most cases).

The NHESP does not establish a physical, on-the-ground vernal pool boundary during the certification process. The WPA allows a project proponent to submit an opinion as to the extent of a CVP that is based upon a total run-off from a statistical 2.6 inch rainfall in 24 holll's, but it should also include groundwater inputs to the basin at the beginning of the spring amphibian breeding season (see DEP DWW Policy 85-2). The DEP has stated in its policies that groundwater inputs should not be overlooked in these calculations because otherwise it could result in a total volume considerably smaller than the basin holds in any given spring.

How Can Vernal Pools Be Certified?

The NHESP administers the official vernal pool certification program and accepts certain biological and physical documentation submitted by outside scientists, resource managers, and other interested

I . Vemal Pool FaCI SIIeel - MllfcII 2009 - Page 1.4

individuals and organizations as the basis for the poss ible certification of vernal pool habitat. People interested in vernal pool certification should:

I. Download the NHESP Guidelilles (01' the Certificatioll o(Vel'llal Pool Habitat. }Ilarch 2009 and the Yernal Pool Field Observation Form from www.nhesp.org. Please read alld ullderstalld the Guidelilles before collecting data and completing the form .

Certification is based on ev idence that a pool provides important wildlife habitat consistent with ' Yernal Pool Habitat' in the WPA. Wildlife that use vernal pools are generally divided into two groups:

The NHESP slrongly recommends that landowner permission be obtained prior to collecting certificalJon documentation. It is the sole responsibility of an Individual providing vernal pool certifica tion Information to ensure that all activi ties associated with gathering said information comply with law.

Obligate Species: vertebrate and invertebrate species that require vernal pools for all 0 1' a portion of their life cycle and are unable to successfully complete their life cycle without vernal pools.

Facultative Species: vertebrate and invertebrate species that frequently use vernal pools for all 0 1' a portion of their life cycle, but are able to successfu lly complete their life cycle in other types of wetlands.

Obligate species serve as direct indicators of vernal poo l habitat because they require at least two months of flooded conditions and the absence of established, reproducing fish populations. When breed ing evidence of obligate species is documented, it is not necessary to prove there is no established fi sh population.

Facultative amphibiau species serve as illdirect indicators of vernal pool habitat. Documentation of the appropriate facultative amphibian species does not ensure certification; evidence documenting there is no established, reproducing fish population must also be submitted. Additionally, the physica l documentation (e.g., pool photos, descriptive notes) sirbmitted must demonstrate the pool possesses the physica l characteristics necessary to sustain a vernal pool environment (e.g., depth, size, vegetation).

2. Fill out a Yernal Pool Field Observation Form. Attach the physical and biological documentat ion and the maps as required by the Guidelilles. Submit the packet to the NHESP for review.

The NHES P does not field visit pools prior to certification but relies on the submittal of accurate information and clear documentation of both the biological and physical evidence. If the documentation is inconclusive additional documentat ion may be requested 0 1' the pool may not be certified. Once it is determined that a vernal pool meets the certification criteria in the Guidelilles, it will be offi cially certified by NHESP and the observer, conservation commiss ion, DEP regional office, and landowner (if known) are formally notified.

Certified Vernal Pool Maps

• GIS Data laycl's ofCer1ificd Vernal Pools (updaled biannually) and Potential Vernal Pools are avai lable Ihrough the MassOIS Online Data Viewer ('Oli ver') at www.mass.govimgis/mapping.htm ~"Oliver" - The MassOIS Online Dala Viewer~Launch Oliver 01' Install Java~Login~Zooll1 to area of int e reSI~Add Layers~ConservationiRecrea tion~Natural Heritage Data~NHESP Certified Vernal Pools~ Potenti a l Vernal Pools.

• NHESP's town-wide 'Pl'ioil'ty Hab itat & Estimated Habitat ' maps (published biennially) include CVPs and are available for public viewing at the offices of conservation commissions, planning boards, and building inspectors, and at MassO IS at www.mass. govimgisicvp.htm.

• NHESP's Massachusetts Natul'al Hel'itage Atlas (updated biennially) is available at most town libraries and from NHESP at cost.

NHESP • Vernal Pool Certification

MA Division of Fisheries & Wildlife

1 Rabbit Hill Road

Westborough, MA 01581

For Certification Questions call 508·389·6360

www.mass.govimgisicvp.htmwww.mass.govimgis/mapping.htmhttp:www.nhesp.org


Diwi.ion 01 '·i,~"","· '. fi.hewie. & Wildlile

Wayne F. MacCallum, Director March 2009

WflESP quitfefinesfor tlie Certification ofo/erna(poorJ[a6itat

II. CERTIFICATION CRITERIA & DOCUMENTATION REQUIREMENTS

Please read and understand the CERTIFICATION CRITERIA and DOCUMENTATION REQUIREMENTS in the following sections before submitting Vernal Pool Field Observation Form(s} and supporting documentation.

Certification Criteria Vernal pool certification is possible only after the appropriate biological AND physical criteria have been met and documented by one of the two certification methods described below:

B) FACULTATIVE AMPHIBIAN SPECIES METHOD A) OBLIGATE SPECIES METHOD

Biological CriteriaBiological Criteria • Breeding evidence of 2 or more facultative

amphibian species (see table on pg. 11.2). • Breeding evidence of obligate amphibian

species OR the presence of fairy shrimp (see table on pg. 11.2). AND

AND Physical Criteria • Evidence of a pool with no permanently flowing Physical Criteria

outlet (i.e., photo of the pool holding water). • EVidence of a pool with no permanently flowing outlet (i.e., photo of the pool holding AND water).

• Evidence that there is no established, reproducing fish population (i.e., photo of the pool dry).

The Obligate Species Method is the most direct way to certify a vernal pool. If documentation submitted is inconclusive, or if the physical documentation appears to show inappropriate habitat, the pool may not be certified or additional documentation may be requested. Since facultative amphibians can use a variety of wetland habitats it is especially important when using this method that the pool photos demonstrate the physical characteristics necessary to sustain a vernal pool environment (e.g., depth, size, vegetation). If there is any doubt, the NHESP may require additional evidence.

THE NHESP STRONGLY RECOMMENDS THAT LANDOWNER PERMISSION BE OBTAINED PRIOR TO COLLECTING CERTIFICATION DOCUMENTATION. IT IS THE SOLE RESPONSIBILITY OF AN INDIVIDUAL PROVIDING VERNAL POOL CERTIFICATION INFORMATION TO ENSURE THAT ALL ACTIVITIES ASSOCIATED WITH GATHERING SAID INFORMATION COMPLY WITH LAW.

lVlVw.nhesp.org

Natural Heritage & Endangered Species Program I Rabbit Hill Road, Westborough, MA 01581 Tel: (508) 389-6360 Fax: (508) 389-7891

Help Save Endangered Wildlife! Contribute to the Natul'al Heritage & Endangered Species Fund.

http:lVlVw.nhesp.org

I/. Vemal Pool Certification Criteria (.~ Dommen/lIIion Requirements "'" Marcil 2009 - Page 11. 2

A, Obligate Species Method - Biological and Physical Criteria & Evidence Accepted for Certification:

BIOLOGICAL CRITERIA PHYSICAL CRITERIA

Obligate Species Accepted, one or more of the following

Breeding Evidence Accepted - one or more of the following from at least one obligate species must be documented by photos, video, or audio (chorusing)

Physical Features Accepted

Physical Evidence Accepted

Wood frog Adult wood frogs , Pool v~th no Good quality photos or video of (Li/hoba/es sylvaticus) • Full chorus (calls constant, continuous, &overlapping)

map location of chorus (pool) and site where recording permanenlly flowing oullel.

the entire pool holding water including any inlets or oullets

Spoiled salamander was taken; OR (e,g., any streams, culverts, etc). (Ambystoma maculafum) • 5+ mated pairs OR

Blue,spolled salamander' (A. lalerale)

Adult salamanders, • Congressing OR • Spermatophores OR • Marbled salamander allen ding a nest OR

See 'Tips for Phofographing Evidence Required for Vernal Pool Certification' on page 4.

Jefferson salamander' Egg masses, (A. jeffersonianum) • TOTAL of 5 egg masses any combination, regardless

of species OR Marbted salamander' • 1 egg mass of aMESA-listed salamander or nest and (A. opacum) eggs of marbled salamander OR

Larvae, • Any number of larvae OR Transforming juveniles,

• Still in pool ~th tail and/or gill remnants. Fairy shrimp (Anostraca: Eubranchipus)

Photo or video of adult specimen(s). Same as above. Same as above.

•Species listed under the Massachusetts Endangered Species Act Regulalions (MESA) (321 CMR 10.90). If observed, please document and fill out a Rare Animal Observation Form (available at lWlW.nhesp.org) to be submitted to the NHESP.

B, Facultative Amphibian Species Method - Biological and Physical Criteria & Evidence Accepted for Certification:

BIOLOGICAL CRITERIA PHYSICAL CRITERIA

Facultative Species Accepted - two or more of the following

Breeding Evidence Accepted - one or more of the following from at least two facultative species must be documented by photos, video, or audio (chorusing)

Physical Features Accepted

Physical Evidence Accepted

Spring peeper (Pseudacris crucifer)

Gray treefrog (Hyla versicolor)

American toad (Anaxyrus americanus)

Fowter's toad (Anaxyrus fowleri)

Adults • Full chorus (calls constant, continuous, &

overlapping) - map location of chorus (pool) and site where recording was taken; OR

• 5+ mated pairs OR

Egg masses• Any number of egg masses OR

larvae • Any number of larvae OR

Transforming juveniles • Still in pool ~th tail remnants.

Pool ~th no permanenlly flowing oullel.

AND

Evidence that there is no established, reproducing fish population.

Good quality photos or video of the entire pool holding water including any inlets or outlets (e.g., any streams, culverts, etc.).

AND

Good quality photos or video of the entire pool dry.

See 'Tips for Photographing Evidence Required for Vemal Pool Certification' on page 4.

http:lWlW.nhesp.org

II. Vemal Pool Certification Criteria & Documentation Requirements ... Marcil 2009 - Page 11.3

Documentation Requirements Documentation of the biological and physical evidence listed in the CERTIFICATION CRITERIA (pg. 11.2, A andlor 8) must be submitted for official certification of a vernal pool. Photographic prints are the preferred method of documentation but video of evidence or audio recording of chorusing frogs or toads are acceptable. Field notes are encouraged and helpful, but are not accepted as the sole source of evidence.

A. BIOLOGICAL DOCUMENTATION - Photos, Video, or Audio of Amphibian Breeding Evidence or Fairy Shrimp:

• Photos, video, or audio must be of suitable quality (resolution, focus, clarity, indicators of scale (e.g., coin , lens cap, ruler)) so species identification can be confirmed. Please see "Tips for Photographing Evidence Required for Vernal Pool Certification" (pg. 1I.4).

• Photos, video, or audio must be labeled with pool location (town), pool name or tracking # (e.g . VP#1, Elm SI. VP), date taken , & observer's name.

• Each individual egg mass or mated pair required for certification (e.g., all 5 wood frog egg masses) must be photographed or videotaped. If more than the minimum required number is observed, photo the required number, and count or estimate the total number; larvae andlor tadpoles should also be counted or estimated. Indicate totals andlor estimates on the Vernal Pool Field Observation Form.

f• Only audio tapes of full amphibian choruses (calls are constant, continuous & overlapping) are accepted (see Protocol Description at: http://www.pwrc.usgs.gov/naamp/) provided the location of chorusing (i.e., exact pool location) and the location of your recording site are accurately mapped.

• Documentation must be collected within 3 years prior to submittal to NHESP.

B. PHYSICAL DOCUMENTATION - Photos or Video of Pool Holding Water and Dry:

• Photograph(s} or video of the entire pool including any inlets or outlets (e.g., any streams, culverts) are required and must be of suitable quality (resolution, focus, scale) so pool features can be reliably assessed. One or more identifying landmarks (e.g ., stand of trees, stumps, boulders, rock walls, etc.) to authenticate the pool location must be included. If unable to photograph the entire pool in a single photo, take a "panorama" series. Please see "Tips for Photographing Evidence Required for Vernal Pool Certification" (pg . 11.4).

• Photo(s} or video must be labeled with pool location (town), pool name or tracking # (e.g. VP#1, Elm SI. VP), date taken, & observer's name.

• Documentation must be collected within 3 years prior to submittal date to NHESP.

C. MAPPING REQUIREMENTS" THREE types of maps are required for certification and the pool locus must be clearly delineated and identified (your pool name or tracking #) on each map:

1. U.S. Geological Survey I map (1 :24,000 or 1 :25,000 scale) "tapas can be downloaded from MassGIS at "scroll down to "Browser Based Mapping Applications", then to "Quick Links" and

2. Color orthophotos (copy) (1 :12,000 scale or better)" orthophotos can be downloaded from MassGIS at

www.mass.gov/mgis/mapping.htm "scroll down as described above and select "Color Ortho Imagery 2005".

3. One additional map or form of location data to help clarify the pool 's location, as follows:

• Sketch map" directions and distances from landmark(s), readily identifiable in the field, should be marked and clearly described on the map; if submitting a breeding chorus, the location of the chorus (pool) and recording site can be delineated on this map, OR

• Assessors map" available from local tax assessor's offices, include the map and parcel #'s, OR • Professional survey, OR • GPS longltudellatltude coordinates.

\1""""\'1'"

{. .~ D~9-C

II. Vernal Pool Certification Criteria & Documentation Requirements ~ llfarch 2009 - Page IIA

Tips for Photographing Evidence Required for Vernal Pool Certification'

The biological and physical evidence required for vernal pool certification must be documented by photos and/or video (or audio for frog/toad chorusing) of suitable quality (resolution, focus, indicators of scale) so species identification can be confirmed and pool features be reliably assessed. Because this often requires close-up photographs in generally poor lighting conditions, some general "rules of thumb" are included below to help you produce good photos/video:

• Cameras that compensate for low light conditions and close-up focusing provide the best photos; most digital cameras are capable of this but fixed focus cameras (i.e., "point and shoot") typically do not focus closer than 2-4 feet (if used carefully they usually produce suitable photos).

• Hold the camera as steady as possible or use a tripod to avoid blurred images.

• Take several photos, or extra photos using different backgrounds and light settings, to be eel1ain you end up with a clear photo.

• Process or view your photos immediately so you can return to the pool for better photos, ifneeded.

POOL Photos (Physical Evidence)

Photographs of the vernal pool need to be clear and show as much of the pool as possible.

• They must include a landmark to alithenticate the pool location (e.g., stand of trees, stump, a boulder, rock wall, etc.).

• If unable to photograph the entire pool in a single photo, try to photograph the pool in a "panorama" series.

• When photographing pools 'holding water', also include photos of any inlets or outlets (e.g., streams, culverts) observed entering or leaving the pool.

ORGANISM Photos (Biological Evidence)

Biological evidence from the pool needs to be documented by photographs/video that confirms amphibian breeding

(i.e., mated pairs of frogs/toads, congressing salamanders, spermatophores, egg masses, larvae, or transforming

juveniles) or the presence of fairy shrimp (see Cel1ification Criteria for specific requirements).

• Mated pairs of wood frogs and congressing salamanders typically need to be photographed at night. A flash can sometimes illuminate the water surface, impeding the view underwater, so a flashlight can be used to illuminate subjects underwater.

'. Spermatophores are found on the bottom of the pool. Reflections on the surface can sometimes block underwater images and can be eliminated in two ways: I) position an object (or person) to cast a shadow over the area you are photographing, or 2) use a polarizing filter on your camera.

• To photograph egg masses, place a light-colored background (e.g., yellow foam meat tray, Frisbee, white board) behind the masses so they are clearly visible against the dark water and more easily identifiable; they should not be removed from the water and only minimally disturbed. Also try and include something in the photo for scale (e.g., backing tray with measurement markings, a hand, net, etc.).

• Larvae and fairy shrimp usually need to be briefly removed from the pool to be photographed. Place larvae or fairy shrimp in a small container (e.g., margarine tub, foam meat tray, clear plastic baggie) filled with pool waleI' or photograph in your hand.

a. Salamander larvae - place in container filled with pool water and photograph from above to clearly show the gills and, if possible, a side view of the body.

b. Wood frog tadpoles - photograph in or out of water but positioned to show the belly (i.e., gut coiling) and gold flecking over the belly and sides.

c. Fairy shrimp - place in white or clear container filled with pool water and photograph.

d. Transforming juveniles - photograph so tail andlor gill remnants are visible; photos should be taken from above and/or a side view for proper identification.

'Based on Wicked Big Puddles; A Guide to the Study and Certification of Vernal Pools, 3" Edition (March 2003) by Leo P. Kenney, Vernal Pool Association (www.vernaipool,org) and is used with permission.

www.vernaipool,org

Natural Heritage & Endangered Species Program

Massachusetts Division ofFisheries & Wildlife

III. Vernal Pool Field Observation Form For use with the quitfefillesjortfie Certification oj'Vema{!J'oo{J{a6itat, 5l1arch 2009.

For Office Use Only

THE NHESP STRONGLY RECOMMENDS THAT LANDOWNER PERMISSION BE OBTAINED PRIOR TO COLLECTING INSTRUCTIONS: CERTIFICATION DOCUMENTATION. IT IS THE SOLE RESPONSIBILITY OF AN INDIVIDUAL PROVIDING VERNAL Please provide all information requested. POOL CERTIFICATION INFORMATION TO ENSURE THAT ALL ACTIVITIES ASSOCIATED WITH GATHERING SAID Attach additional pages if needed. All INFORMATION COMPLY WITH THE LAW. required biological &physical evidence must

be documented by pholos. video. or audio of suitable quality (reso!ution, focus, indicators

1. Pool Location (Please complete a separate form for each pool). of scale) so species 10 can be confirmed & poel features assessed. Documentation Town Potential Vemal Pool # (if known) must be labeled. Signldate the form;

incomplete forms will be returned. Pool Name or Tracking # (e.g.• Elm Sl VP. VP#I) Additional Instructions for S~eclfic

Written Directions to Pool (required): Numbered Boxes: 1. Include an identifying name or tracking # for your poel &use It to label photos, maps. &any other documentation. If you used the Potential Vernal Pool (PVP) datalayer (available at MassGIS). include the PVP #. Written direclions must be included with landmarks to help navigate to the pool. 3. 3A &3B are for certification by the Obligate Sll!!cies Method. Provide photos. video. or audio (chorusing) of the required breeding e~dence or fairy shrimp AND photo(s) or video of the poel holding water.

2. Pool/Species Observation Dates (month/day/~): 3B. Biological Evidence: First date poel observed Last date poel Observed Fairy Shrimp First date species observed Last dale species observed Date Observed (m/d/y)

3A. Biological Evidence: Obligate Amphibians Indicate breeding evidence and date observed for each species. Evidence must include ;,1 of the following for certification: congressing salamanders OR ;,5 pairs wood frogs in amplexus OR salamander spermatophores OR a full wood frog chorus (calls constant, continuous, &overtapping) OR a total of;,5 egg masses. regardless of species OR ;,1 MESA-listed salamander egg mass(es). Each individual egg mass or mated pair required for certification (e.g., all 5 wood frog egg masses) must be photographed or videotaped. If more than the minimum required number is observed, photo the required number, and count or estimate the total number of egg masses, larvae and/or .- and indicate in the table below.

.~~£I~t .SALAIMNDER .. '.' •• > .......•

j COURTING 0 j "EGG j 0 ADULTS ..~ IMSSes LARVAE ........~ so.lei.. .' . (tptalciount(eStimate) .,->

spot~~~amander

I

Jellerson salamander *

Marbled salamander ~

i I

~ I{'i,j.·· ......·I;~~! 1\·> ~J ". 'rul

..... .. i #Eq~ ".. ~·.f_·"j.; c•• ~ }

IT i. i····I~U" .J ....•. r,tAS~E~ j .'.

c.!. . ....

r···.~· ." ••••••• c • Wood Irog

TOTAL(S)

Inslructions (continued) 4. Certification by the Facultative Amphibian Method - provide photo, video, or audio (chorusing) of the required breeding evidence and

5. Rare Wetland Species Were MESA-listed species observed using this pool?

photo(s) or video of the pool holding water AND dry. 6. Provide information to help distinguish the pool & assess its features. 7, All required biological & physical evidence must be documented by good quality photos, video, or audio. 8. Indicate the 3 required maps submitted.

4. Biological Evidence: Facultative Amphibians Breeding evldence1 of ~ 2species must be documented by photos, video, or audio.

BREEDING AMPHIBIANS

Spring peeper

DATE OBSERVED monlhlday/Year

BREEDING EVIDENCE' OBSERVED

Grav Ir••'rog

American toad

Fowler's toad

Breeding evidence' includes: full breeding choruses (call constant &overlapping), ~ 5 adults in amplexus, any # of €qq masses, tadpoles, andlor transforminq iuveniles in pool.

0 0 Yes No

If yes, please submit a Rare Animal Observation Form with photo &map to the NHESP (available at www.nhes Q.org).

6, Description of Pool and Surroundings - Please describe to the best olyou, ability and knowledge, Dimensions (please include measurements or estimates):

Approx. Length: Approx. Width: Approx . Maximum Depth:

Describe distinctive features (roads, structures, boulders, foot trails, vegetation types, etc.) which are visible from or near the pool that would help someone recognize it.

Origin of the pool (check): 0 Natural depression o Human-made pool/ditch o Created wetland/pool o Other or Unknown (describe) The pool's hydroperiod is most likely: o Seasonal (drying out in most years) o Semi-permanent (drying partially in most years) o Permanent Describe any inlet or outlets tolfrom the pool and their permanence (e,g. , streams, culverts, etc).

Land use in vicinity of pool (approx. 100 ft from pool edge check all that apply): o upland forest o forested wetlands o emergent marshlscrub-shrub wetland o agriculturallgrasslandlmeadow o residenlia~commercial o other

7. Documentation Submitted - Label with pool name or tracking #, town, date taken, observer's 8, Maps Submitted name. Pool locus must be delineated & identified

OPhoto(s) OVideo OAudio with your pool name or tracking #.

OObligate Species OFacultative Species OPool Holding Water DOry Pool 3REQUIRED MAPS:

0 USGS Topographic Map 1:14,000 or 1:25,000 or better

9, Property Owner Information -Landowner information is optional &is available from local tax assessor's offices. 0 Color orthophoto . 1: 12,000 or better

Name and 2:1 of the following:

Address 0 Assessor's map (Map and Plot #)

Town State__Zip Assessors MaplPcl# (;1 known) 0 Professional survey 0 Sketch map · with directions and

dislances from permanenl landmarks 10. Observer Information & Signature - Mustbefilledout&s~ned . 0 GPS longitude/latitude coordinates: Name Latitude =

Address Longitude =

Town State Zip

Telephone E-mail SEND COMPLETED, SIGNED

FORM & SUPPORTING ...... ,................................................................................................................. DOCUMENTATION TO:I hereby certify under the pains and penallies of perjury that the information contained in this report is true and complete to the best of my knowledge. NHESP· Vernal Pool Certification Signature Date MA Division 01

Signature of Adult, if Observer is under 18 years of age Fisheries & Wildlife

1 Rabbit Hill Rd,

All submissions and supporting documents \~II be retained by the NHESP and, with the exception of information for Westborough, MA 01581

MESA-listed species and the identity of minors, are available to interested parties under the Public Records Law. For questions call 508·389,6360

www.nhes

Attachment B

Stantec Vernal Pool Monitoring Summary

Memo

To: Thomas Czelusniak From: Todd Chadwell Weston Solutions, Inc. Stantec Consulting, Inc.

File: 195600496 Date: June 20, 2011

Reference: FINAL 2011 4C Floodplain Vernal Pool Monitoring Summary

On April 14, 2011 and June 9, 2011, Stantec oversaw surveys of the restored vernal pool on Parcel I6-1-106 within the Housatonic River floodplain. The initial survey was initiated at approximately 10:20 A.M. during overcast skies, and 45 ° F temperatures with Mike Backunas (MA DEP), Kevin Mooney (GE), Scott Egan (AECOM), Dennis Lowry (AECOM), Mike Argue (Weston), and Todd Chadwell (Stantec), present. The secondary survey was initiated at approximately 9:00 A.M. with partly cloudy skies and 75 F temperatures with Mike Argue (Weston) and Eric Ford (Stantec) present. The maximum depth of the vernal pool during each survey was approximately 36 inches and 20 inches respectively.

Initial Survey Results

Macroinvertebrates observed during the survey included daphnia (class Branchiopoda), mosquito larvae (family Culicidae), fingernail clams (class Bivalvia), water striders (family Gerridae), mayfly (order Ephemeroptera), backswimmers (family Notonectidae), caddisfly (order Trichoptera), and others.

Several fairy shrimp of the species (Eubranchipus vernalis) were observed within the pool (see attached photo). Female fairy shrimp were observed to be gravid (with eggs).

One adult frog was observed but not positively identified. This frog was either a green frog (Rana clamitans) or bullfrog (R. catesbeiana). No tadpoles of any species were observed during the survey. Approximately 85 wood frog (R. sylvatica) egg masses were observed in the northern portion of the vernal pool, all within an area of approximately 12 square feet. Five additional wood frog egg masses were observed in the southern portion of the pool.

The presence of fairy shrimp in 2011, after their absence in 2010, suggests that the vernal pool completely dried out during the previous year, allowing for the necessary desiccation of fairy shrimp eggs deposited in previous seasons. Also, the absence of green frog larvae (which typically require 2 years to reach metamorphosis) during this year’s survey further suggests that this vernal pool dried out in 2010.

Secondary Survey Results

tbc w:\1956\active\195600496\report\2011survey\mem_0496_4cvernalpool_062011_dft.docx

June 20, 2011 Weston Solutions, Inc. Page 2 of 9


A high abundance of macroinvertebrates were observed, including predaceous diving beetle larvae and adults (order Coleoptera), damselfly larvae (sub order Zygoptera), dragonfly larvae (suborder Anisoptera), backswimmers, water striders, chironomid midges (family Chironomidae), phantom midges (family Chaoboridae), planorbid snails (class Gastropoda), fingernail clams and water boatman (family Corixidae) and others.

It should be noted that no fairy shrimp were observed. This dramatic decline from earlier accounts is not atypical and could be attributable to several factors. First, adult males die shortly after copulation. Females typically persist longer but will also die shortly after eggs are laid/hatched. Given the relatively short life cycle (approximately 16 days), it would not be incorrect to assume that the population died of natural causes. Secondly, if shrimp were observed, it would likely indicate that male populations were significantly lower than females this year and summer eggs (those which hatch during the same season) were laid in an attempt to replenish the population. The absence of fairy shrimp likely indicates that male populations were adequate and therefore, only winter eggs (those which persist through winter to the next wet cycle) were laid. Given the high abundance of macroinvertebrates within the pool, particularly predaceous diving beetle and damselfly larvae, there may have been some predation of individuals as well, although this is likely not the primary cause of their absence.

Over one-thousand wood frog larvae were estimated to have been observed within the pool during the survey. Most captured larvae were developing hind legs, with some having front legs as well. Most were observed in the northerly parts of the pool, where water levels were deepest.

Approximately 8 adult green frogs were observed along the margins of the pool, with a small number of recurring advertisement calls heard. In addition, 1 green frog egg mass was found along the western edge of the pool attached to the vegetation. No transforming individuals were observed.

Results and Relationship to Restoration Requirements

Section 7.2.2 of the Final Completion Report for Removal Action for Housatonic River Floodplain – Non-Residential Properties notes that the Obligate Species Method, as defined by the State Division of Fisheries and Wildlife, will be utilized to document acceptable breeding evidence of vertebrate and invertebrate species dependent on vernal pools. The March 2009 NHESP Guidelines for the Certification of Vernal Pool Habitat requires evidence of breeding activity by obligate vernal species and that the pool exhibit no permanently flowing outlet in order for a vernal pool to become certified.

The vernal pool on Parcel I6-1-106 met the physical criterion of not having a permanently flowing outlet and the biological criteria of containing fairy shrimp and greater than 5 wood frog egg masses. It is Stantec’s opinion that this vernal pool continues to qualify for certification under the criteria established by the March 2009 NHESP Guidelines for the Certification of Vernal Pool Habitat.



STANTEC CONSULTING SERVICES INC.

Todd Chadwell Senior Project Manager, Environmental Management [email protected]

Attachment: Photos

Photo 1. 4C Floodplain Vernal Pool (04/14/11).

mailto:[email protected]



Photo 2. Fairy shrimp captured in 4C Floodplain vernal pool (04/14/11).



Photo 3. Wood frog egg masses observed within 4C Floodplain vernal pool (04/14/11).



Photo 4. 4C Floodplain Vernal Pool (06/9/11).



Photo 5. Wood frog tadpoles observed in the northwest corner of the pool (06/9/11).



Photo 6. Adult green frog observed along the western edge of the pool (06/9/11).



Photo 7. Portion of a green frog egg mass observed along the western edge of the pool (06/9/11).

Attachment C

Photodocumentation Log

PHOTODOCUMENTATION LOG

View: The vernal pool completely dried out. Photo taken facing southeast. Date: 15 September 2010

View: The vernal pool completely dried out. Photo taken facing north northeast. Date: 15 September 2010

1 of 12

View: Vernal pool seen from north end, facing south. Date: 8 April 2011


View: The vernal pool seen from the north end, facing south. Date: 8 April 2011

View: The vernal pool seen from the south end, facing north northeast. Date: 8 April 2011

2 of 12



View: Wood frog egg masses attached to submerged vegetation along the northwestern edge of the vernal pool. Date: 8 April 2011

View: A wood frog egg mass attached to submerged vegetation along the northwestern edge of the vernal pool. Date: 8 April 2011

3 of 12



View: Wood frog egg masses attached to submerged vegetation along the northwestern edge of the vernal pool. Photo taken by Weston during GE’s inspection of the pool. Date: 14 April 2011

View: Fairy shrimp captured at the vernal pool during GE’s inspection. Note that there are three gravid females (females with eggs). Date: 14 April 2011

4 of 12



View: Dense congregation of wood frog tadpoles in shallow, sunlit water at the south end of the vernal pool. Date: 25 May 2011

View: Closer view of wood frog tadpoles congregating in shallow, sunlit water at the south end of the vernal pool. Date: 25 May 2011

5 of 12



View: Wood frog tadpoles swimming near the surface in a sunlit portion of the vernal pool. Weston counted over 400 tadpoles in an enlargement of this photo. Date: 27 May 2011

View: Wood frog tadpoles in near-surface water at the vernal pool. Note the characteristic gold flecking along the sides of the tadpoles, and that their hind legs are beginning to develop. Date: 27 May 2011

6 of 12



View: Wood frog tadpoles swimming near the surface of the vernal pool in sunlit water. Date: 3 June 2011

View: Wood frog tadpoles captured at the vernal pool for photodocumentation purposes. Date: 3 June 2011

7 of 12



View: A green frog egg mass deposited on the surface of the vernal pool. Date: 8 June 2011

View: Wood frog tadpoles swimming near the surface in a sunlit portion of the vernal pool. Date: 8 June 2011

8 of 12



View: Two juvenile wood frogs emerging from the vernal pool (at center). Note the tail remnant on the frog in the foreground. Date: 20 June 2011

View: A juvenile wood frog captured within a few feet of the vernal pool. Date: 20 June 2011

9 of 12



View: Juvenile wood frogs captured around the edges of the vernal pool for photodocumentation purposes. Date: 12 July 2011

View: A fully-metamorphosed wood frog that has emerged from the vernal pool. Date: 28 July 2011

10 of 12



View: The vernal pool as seen from the north end, facing southeast. Date: 20 June 2011

View: The vernal pool as seen from the south end, facing north. Date: 20 June 2011

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View: The vernal pool as seen from the north end, facing southeast. Date: 28 July 2011

View: The vernal pool as seen from the south end, facing north. Date: 28 July 2011

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Vernal Pool Memo_2011_fin.pdfAttachment A: NHESP Guidelines for the Certification of Vernal Pool Habitat Attachment B: Stantec Vernal Pool Monitoring SummaryAttachment C: Photodocumentation Log

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