HomeMy WebLinkAboutMiscellaneous - River Bend CrossingLAW OFFICE OF
MARK B. JOHNSON
12 Chestnut Street
Andover, Massachusetts 01810-3706
(978)475-4488
Telecopier: (978) 475-6703
MARK B. JOHNSON (MA, NH, DC)
LINDA A. O'CONNELL (MA, NH, RI)
DONALD F. BORENSTEIN (MA, ME)
MICHAEL G. FURLONG (MA)
November 1, 2002
Heidi Griffin,
Director of Community Development
Town of North Andover
120 Main Street
North Andover, MA 01845
Re: Riverbend Crossing
Green and Kellwood Streets, North Andover MA
Dear Heidi:
Paralegals
KATHRYN M. MORIN
LIANNE CRISTALDI
Please be advised that Riverbend Crossing Development LLC has conveyed the
property to North Andover Residential Property, LLC. As such, Riverbend -Crossing
Development LLC has assigned to North Andover Residential Property, LLC
all permits and all cash payments, together with interest on the bonds, which have been
posted with the Town of North Andover relative to the above project. I would like to
thank you for the courtesy your office and the Town Departments have shown us.
Very truly yours,
ohnson
4
MBJ—kIb
PC: Riverbend Crossing Development LLC
North Andover Planning Department
North Andover Conservation Commission
North Andover Department of Public Works
Robert Nicetta, Building Inspector
Michael S. Fallman, Esquire
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NOV-08-2002 '15:41 CAPITAL GROUP PROPERTIES
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FACSIMILE COVER PAGE
5083576859 P.01
DATE: ! �� a
TO: �. , �� Rine, tne, ) D e'c4lo-7 S JDI"O?z I
COMPANY:
FROM:
Total number of pages, including cover page:_
If you do not receive all the pages, or have other problems with
this transmission, please call (508) 357-8825
Thank you.
259 Turnpike Road . Suite 100 ■ Southborough. Massachusetts 01772. Office: 150li1 ;1M9R7c - V.— /cnsr acy-zeco
NUV—Ud— 0U2 1 �,- : 4U CAPITAL GROUP PROPERTIES 5083576859 P.02/02
CAPITALGROUP
P R o P E K I' I F S
November 7, 2002
Distribution @'North Andover, MA
Municipal Boards, Agencies & Commissions
RE: Notice of Transfer of Title
RiverBend Crossing
250 Green Street
Dear Addressee:
This correspondence is to serve as notice that the title to the above referenced residential
development has been transferred to North Andover Residential Property LLC.
Any requests for information, regarding development matters are to be directed to Ted
Fiffy of Capital Group Properties. Questions relative to construction operations are to be
directed to the General Contractor, Mr. Paul Slazik of Rosewood Construction
Corporation.
property Ownership North Andover Residential Property LLC
259 Turnpike Road Suite 100
Southborough, MA 01772
Development Ted Fiffy
Firm Capital Group Properties
508 357 8825 voice
508 357 6859 fax
t0capital-gp-Vycrties.c0m
General Paul Slazik
Contractor Rosewood Construction Corporation
508 485 5333 voice
508 485 9299 fax
wDsarosewood-constraction.com
Distribution byfacsimile
Cathy McKenna
Julie A. Parrino
Robert E. Bashara, PE
D. Robert Nicetta
James Decola
James Diozzi
Brian LaGrasse
William Dolan
Richard Stanley
Joyce Bradshaw
Director of Planning
Planning Board
Conservation Agent
Conservation Commission
Director of Engineering
Department of Public Works
Building Commissioner
Building Department
Electrical Inspector
Building Department
Plumbing & Gas InspectorBuiiding Department
Health Inspector
Board of Health
Chief
Fire Department
Chief
Police Department
Clerk
Town Clerks Office
259 Turnpike Road *Suite 100 • Southborough. Massacliuscus 01772 *Office (508) 357-8825 *Fax (508057-6850
TOTAL P.02
Town of North, -Andover
Building Department
27 CHARLES ST.. -
978-688-9545
Project:
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DATE:
Title of Plans and Documents:
Please be advised,that,after review of your Building `Permit Application and' Plans that your
Application is DENIED for the following reasons:
Plan RevieW The plans and documentation submitted have the following inadequacies:
1. Information Is not provided 2 E2eguires additional information;
3. Information reauires more elariiinatinn a
Administration
The documentation submitted has the following inadequacies:
1. Information is not provided. 2. Requires additional information
The above review and attache explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based ori verbal explanations by the applicant)nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading inforrm"prior other subsequent
changes to the information submitted.bythe applicant shalt be grounds for this review to be voided at the discretion of the
Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein
by reference. The building, department willretain all plans and documentation for the above file. -You must file a new building
permit application form and begirt the permitting process.
Building Department Official Signature
Application Received. DCS• 9d, 2cxP2 Application Denied 4P&r. X1.3 -XnoZ
If. faxed: # - Date Sent eVt:tC: z4, 2 *wm_
Referral recommended:
Fire
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Conservation
De artment of Public Works...
Planning
Historical Commission
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Foundation Plan
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Plumbing Plans_
2
3
Subsurface investigation
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5
Certified Plot Plan with ro osed structure
Construction. Plans-
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116 Affidavit G
5
1 Mechanical Plans and or details
Plans Stamped by proper discipline
-916
Electrical. Plans,and or details
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Framing Plan
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Fire Sprinkler and Alarm Plan
f 3
Roofin Plan
FootingPlan
Plans to scale
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Utilities
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Site Plan
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Water Supply
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Sewa a Disposal_ ..
Waste Disposal
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ADA and or ABBA re uirements
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Administration
The documentation submitted has the following inadequacies:
1. Information is not provided. 2. Requires additional information
The above review and attache explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based ori verbal explanations by the applicant)nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading inforrm"prior other subsequent
changes to the information submitted.bythe applicant shalt be grounds for this review to be voided at the discretion of the
Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein
by reference. The building, department willretain all plans and documentation for the above file. -You must file a new building
permit application form and begirt the permitting process.
Building Department Official Signature
Application Received. DCS• 9d, 2cxP2 Application Denied 4P&r. X1.3 -XnoZ
If. faxed: # - Date Sent eVt:tC: z4, 2 *wm_
Referral recommended:
Fire
Health
Police
Zoning Board
Conservation
De artment of Public Works...
Planning
Historical Commission
cc:' William ';rntf
Revised 9197im
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The -following narrative IV r6vided td
the reasons
for denial for 'the, b"g
erm p
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Town of North --Andover
Building Department
27 CHARLES ST..
978-688-9545
Project:
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RE:i Ceo��u¢ A6YEZoPIylE1W, LLC
DATE:m eET�- . 2;3j ?r6P0?_
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Title of Plans and' Documents:
Please be adulse&that after review of your Building `Permit Application and` Plans that your
Application is DENIED for the following reasons:
Plan RevieW The plans and documentation submitted have the. following -inadequacies:
1. Information Is not provided, 2.Requires additional information
3 'Information requires"tiie re olaiification 4 Information is incorrect 5. All of the above.
construction. Plans.
Mechanical Plans and or
Electrical Plans.and or di
Fire Sprinkler and Alarm
Site
ADA and or
Administration
The documentation submitted has the following inadequacies:
1. Information is not provided. 2. Requires additionai infnrmatinn
an with proposed structure
The above review and attached explanation of such is based on the plans and information. submitted. No definitive review and
or advice shall be based ort verbal explanations by the applicant inor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any, inaccuracies, misleading information or of ier subsequent
cfianges to the information submitted.by the applicant shall be grounds for this review to be voided at the discretion of the
Building Department. The attached document titled "Plan Review Narrative° shall be attached hereto and incorporated herein
by reference. The building -department willretain all plans anddocumentation for the above file. -You must file a new buildin
permit application form and begin the permitting process.g
°Building Department Official Signature
Application Received OCA. Wj 2ooZ Application Denied mG`I.'`. J:a., j;tooZ
If faxed: #
Date Sent
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Revised 9157 jm
The following narrative iOit"vided the reasons for denial for the buifdtng
PeMit.forthe Prope'gyindicated on
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, ,
Town of North, -Andover
Building Department
27 CHARLES ST .
978-688-9545
Project:
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APPLICANT: �3yS?>:7Nc��CAeS,'•
'RE: �Ve2�� !¢o�iru¢ A6yEZoP/flE,�,/, SCC
DATE: 2:3,Z
Title of Plans and Documents:
Please be advised that;after review of your Building'Permit Application and`Plans that your
Application is DENIED for the following reasons:
Plan Review The plans and documentation submitted have the following inadequacies:
1._Information Is -not pro�nded, 2 .Requires additional information;
`3 `1nformation requft:mcre clanfcation 4 Information is incorrect. 5. All of the above-
- - - io 'S 110 rnAffidavits .w.
Mechacal� Plans and or details Plans StCam ed b ud'� luro Droner discipline
4d poloElectncal. Plans. -and or details / Framing Plan. ,. ..
Fire Sprinkler and Alarm Plan 012 c p,..,f;2 01__
Site
ADA and or
Administration
The documentation submitted has the following inadequacies:
1 r'.Information is not provided. 2. Requires additional information
The above review and attached explanation of such is based on the plans and information.submilw. No definitive review and
or advice shall be based briverbal explanations by the applicantnor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information or other subsequent
changes to the information submitted .bythe applicant shall be grounds for this review to be voided at the discretion of the
Building Department. The attached document titled "Plan Review Narrative° shall be attached hereto and incorporated herein
by reference. The building; department will retain all plans and documentation for the above file: You must file. a new building
permit application form and begin the permitting process.
Building Department Official Signature
Application Received 0l SU, 2ev2 Application Denied tOdr. 131F l me.7—
If faxed: #
Referral recommended:
Date Sent dVttr z4, Z &wrz_
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Revised 9197]m
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''own of North Andover - rioHTH
RECE
JOYCE 9RAtle
of the Zoning Board of Appeals
TcQomAFwuty Development and Services Divi l',40 1
NORTH A N D 0 V E R William J. Scott, Division Director
27 Charles Street C++as`�
Z001 MAR 21 A q: lvbrth Andover, Massachusetts 01845
D. Robert Nicetta Telephone (978) 688-9541
Building Conimissioner Fax (978) 688-9542
This is to certify that twenty (20) days {
have elapsed from date of decision, filed
iithout filing of an appeal, NI'TEST:
JoyceA.Bradahaus A True Copy
Town Clerk�u-�.
Any appeal shall be filed Notice of Decision Town C.lerl-:
within (20) days after the Year 2001
date of filing of this notice
in the office of the Town Clerk. Property at: 350 Green Street
NAME: James Sheridan, Trustee of Richmond Realty Trust DATE: 3/13/2001
ADDRESS: for remises: 350 Green Street PETITION: 005-2001
North Andover, MA 01845 HEARING: 2/13 & 3/13/2001
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, March 13,
2001 at 7:30 PM upon the application of James Sheridan, Trustee/Richmond Realty, for premises at:
350 Green Street, North Andover, MA requesting a Variance from Section 7, Paragraph 7.3 of Table 2,
for dimensional relief of front and side setbacks, and for Floor Area Ratio, and for FN 1 (2) Landscape
Buffer and for 8.1 (7) for relief of driveway width in order to construct a proposed 43 unit apartment
building within the I -S zoning district.
The following members were present: Walter F. Soule, Robert Ford, John Pallone, Scott Karpinski,
Ellen McIntyre.
Upon a motion made by Walter F. Soule and 2"`' by Scott Karpinski to. GRANT a dimensional Variance
for relief of front setback of 7.4', a Southeast side setback of 7.6', and a driveway width of 3' and Floor
Area Ratio' of 0.11:1, and fora landscape buffer; and that parking will be allowed on the Green Street right
of way. All as per the Plan of Land by Christiansen & Sergi, 160 Summer Street, Haverhill, MA PLS,
#28895, dated November 10, 2000 and rev: December 15, 2000. Voting in favor: WFS/JP/RF/SK/EM.
The Board finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning
Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw.
zu-
Town of North And
Board of Appeals,/ j
� r
Raymond Vivenzio, acting Chairman
ESSEX N.OF�TH REGISTRY OF DEEDS
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Town of North Andover
Office of the Building Department ,
Community Development and Services Division
William J. Scott, Division Director
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
December 6, 2000
Dominic J Scalise, Esquire
89 Main Street
North Andow, Ma 018
Re: Riverbend Crossing
Greene Street
Telephone (978) 6W9545
Fax (978) 688-9542
Dear Atty. Scalise,
Thank you for meeting
with me this morning on your propos bftft HamM poect' As you may recall
our review of Draw -ire No. 99048019, Sheet 2 of 2, date. November 10, 2000 as prepared by Christiansen
& Sergi, Professional Engineers indicated a cul-de-sac on Grew Street. Cin Street in past years was a
through street with a bridge over the Shawsheen River and connected with the City of Lawrence. In order
for me to prepare a proper z�mg site plan review it will be necessary for You to establish the authority that
gives the proponent the right to position the cul-ce-sac on a town road.
I will complete the zoning site plan review as soon as you obtain an answer to the above. Your project is
important to the Town of North Andover. N you should have any questions or need further assistance
please feel free to call.
Vary may,
D. Robert Ncetta
Building Commissioner
Cc: Mark Rees, Town A4aoager
Board of Selectman
William Scott, Director CMS
BOARD OF APPEALS 688-9541 BUILDING 68&9545 CONSERVATION 68&9530 HEALTH 688-9540 PLANNING 68&9535
Bob Nicetta
From: Bob Nicetta
Sent: Wednesday, December 06, 2000 2:21 PM
To: Bob Nicetta
Subject: DOM SCALISE LETTER
SEND DOM SCALISE A LETTER RE: TOWN PROPERTY = BOARD OF SELECTMEN. COPY TO TOWN
MANAGER.
Page 1
1350 YRS
'
OR `
NORTH ANDOVER FIRE DEPARTMENT
* CENTRAL FIRE HEADQUARTERS
124 Main Street
A 9vo .uc�Py
cH„s�North Andover, Mass. 01845
WILLIAM V. DOLAN Chief (978) 688-9593
Chief of Department Business (978) 688-9590
Fax (978) 688-9594
EDWARD J. MORGAN
Deputy Chief
Domenic J. Scalise
Attorney At Law
89 Main St.
North Andover, MA 01845
2 November 2000
Dear Dom,
Thank you for the oportunity to preview and comment on the proposed plans for River
Bend Crossing with the architect and engineer for the project.
Lt. Melnikas and I appreciate the incorporation of our comments regarding fire
protection for this project. The project will provide for automatic fire sprinklers,
additional fire hydrants, fire department access, stairway standpipes, and an internal fire
detection and alarm system directly connected to the fire department.
I am writing this letter because I believe that this proposed project will enhance the
current life safety conditions presently found on this property. The current structure is
abandoned and in disrepair. I have notified all fire department personnel not to enter the
building to perform fire attack unless the fire is minor in nature or there is a known life
safety hazard to any possible occupants. The quicker that the existing structure is
demolished the better the situation becomes.
Please utilize this letter as an endorsement of your project by the head of the fire
department.
Respectfully,
William V. Dolan
Fire Chief
Cc: Robert Nicetta, Building Inspector
SERVING PROUDLY SINCE 1921
RECEIVED
N 0 V 0 7 2000 Y
BUILDING DEPT.
,P(
CHRISTIANSEN & SERGI, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318
November 20, 2001
Mr. Robert Nicetta
Building Inspector
Town of North Andover
27 Charles Street
North Andover MA 01845
Re: Riverbend
Richmond Realty Trust
Green Street
Dear Bob,
,.,, � 0- P � `�
(978) 373-0310 FAX: (978) 372-3960
It is my understanding that you are concerned that this project has not received the
proper review from the Corps of Engineers. I like to take this opportunity to alleviate
those concerns.
The Corps of Engineers has established a Programmatic General Permit that
categorizes projects according to size of wetlands disturbance (see attached). The subject
project falls under Category I. Such a project receives Corps approval by meeting all
State and local wetland requirements. While the project technically receives a
Programmatic General Permit because of compliance with State and local regulations,
written permits are not issued.
The only other concern is that of a 401 permit and that was provided for in the
Order of Conditions as set forth in the Notification of Wetlands Protection Act File
Number, a copy of which is attached. On page 2 it is stated, "the final order of Conditions
will serve as the Water Quality Certification (401) for this project.
Very tru yo
P ' p Christiansen
c.c. Dom Scalise
Application No.: 199901470 Effective Date: January 11, 2000
Expiration Date: January 11, 2005
Applicant: General Public in Massachusetts
DEPARTMENT OF THE ARMY PROGRAMMATIC GENERAL PERMIT
COMMONWEALTH OF MASSACHUSETTS
The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues a
Programmatic General Permit (PGP) that expedites review of minimal impact work in
coastal and inland waters and wetlands within the Commonwealth of Massachusetts.
Activities with minimal impacts, as specified by the terms and conditions of this general
permit and on the attached Definition of Categories, are either non -reporting (provided
required local and state permits and required state certifications are received), or are
reporting, requiring screening by the Corps and Federal resource agencies for applicability
under the general permit. This general permit does not affect the Corps individual permit
review process or activities exempt from Corps jurisdiction.
Activities covered: work and structures that are located in, or that affect, navigable
waters of the United States (regulated by the Corps under Section 10 of the Rivers and
Harbors Act of 1899); the discharge of dredged or fill material into waters of the United
States (regulated by the Corps under Section 404 of the Clean Water Act); and the
transportation of dredged material for the purpose of disposal in the ocean (regulated by
the Corps under Section 103 of the Marine Protection, Research and Sanctuaries Act).
Procedures
A. State and Local Approvals
For projects authorized pursuant to this general permit, when the following local or
state approvals are also required, they must be obtained in order for this general permit
authorization to be valid (applicants are responsible for ensuring that all required state
licenses and approvals have been applied for and obtained):
(a) Final Order of Conditions under the Massachusetts Wetlands Protection Act
(WPA) (MGL c. 131 Section 40) must be obtained for activities subject to jurisdiction as
defined in 310 CMR 10.02.
(b) Waterways license or permit under MGL c. 91, from the Massachusetts
Department of Environmental Protection (DEP) must be obtained for activities subject to
jurisdiction, also defined in 310 CMR 9.05.
(c) Water Quality Certification is required for work in Corps jurisdiction involving a
discharge to waters of the U.S. Some projects require an individual water quality
certification (WQC), under Section 401 of the Clean Water Act, issued by the Massachusetts
DEP before work can proceed (see pages 5 & 6) for 401 WQC requirements).
(d) Coastal Zone Management: Any project that meets the terms and conditions of
Category I of this general permit (i.e., non -reporting), has been determined to be consistent
with the Massachusetts Coastal Zone Management (CZM) plan and does not require any
additional CZM review. For work being screened under Category II of this general permit,
the Corps will coordinate screening of any work in or affecting the coastal zone with the
Office of Coastal Zone Management; for these projects applicants will be notified by the
Corps if an individual CZM concurrence is required.
1
B. Corps Authorization: Category I (Non -Reporting)
Work in Massachusetts that is subject to Corps jurisdiction (see Condition 2), that
meets the definition of Category I on the attached Definition of Categories sheet, and that
meets all of this permit's other conditions may proceed without application or notification
to the Corps provided the required Federal, State, and local authorizations are obtained.
Note that the review thresholds under Category I apply to single, complete projects only (see
Condition 5). Also, note that Category I does not apply to activities occurring in a
component of, or within 0.25 mile upstream on a tributary of, or that has the potential to
alter flows within a river within the National Wild and Scenic River System (see Condition
10 for listed rivers in Massachusetts) .
Work that is not subject to the WPA, but is subject to Corps jurisdiction, is eligible
for Corps authorization under this PGP; although an Order of Conditions is not required,
the general permit review thresholds and requirements concerning WQC and CZM
consistency apply. Such projects could include activities that are exempt from the WPA or
activities in Federal wetlands (e.g., isolated wetlands) that are not included in the WPA.
Although Category I projects are non -reporting, the Corps reserves the right to
require review for an individual permit if there are concerns for the aquatic environment or
any other factor of the public interest (see Condition 4 on Discretionary Authority).
C. Corps Authorization: Category II (Reporting - Requiring Screening)
The Corps will accept DEP's WQC and Chapter 91 applications for its review.
However, all projects involving dredging in a navigable water of the U.S. (see application
procedures for dredging projects, below) or involving work that is not subject to State
jurisdiction must use a Corps application form and be sent directly to the Corps.
Application Procedures
For projects that do not meet the non -reporting thresholds, written authorization
from the Corps and applicable certifications or waivers concerning WQC and CZM are
required. Applicants will apply directly to the appropriate DEP regional office (see page 14
for addresses) for WQC and/or Chapter 91 licensing, except for projects involving dredging
in navigable waters of the U.S. (see application procedures for dredging projects below).
Once DEP determines that an application is complete, they will, in their Administrative
completeness letter, notify applicants to send a copy of their complete application to the
Corps. DEP will send copies of these letters to the Corps. Applicants will then send a copy
of their complete application to the Corps. After review of the application, the Corps will
notify applicants if an individual CZM consistency concurrence is required. If the Corps
and Federal Resource agencies determine that the activity is eligible for the PGP (see
screening procedures below), the Corps will send an authorization letter directly to the
applicant and a copy to DEP. If the activity is not eligible under the PGP or if the Corps
determines that additional information is required, the Corps will notify the applicant in
writing prior to any state authorization and will send a copy of this notification to DEP.
Additional information required may include:
(a) purpose of the project;
(b) 81/2" by 11" plan views of the entire property and project limits with existing and
proposed conditions (legible, reproducible plans required);
(c) wetland delineation for site, information on basis of delineation, and calculations of
waterway and wetland impact areas (see Condition 2);
E
(d) typical cross-section views of all wetland and waterway fill areas and wetland replication
areas;
(e) delineation of submerged aquatic vegetation, e.g., eelgrass beds, in tidal waters;
(f) area, type, and source of fill material to be discharged into waters and wetlands,
including the volume of fill below ordinary high water in inland waters and below the high
tide line in coastal waters;
(g) mean low, mean high water, and high tide elevations in navigable waters;
(h) limits of any Federal Navigation Project in the vicinity and State Plane coordinates for
the limits of the proposed work closest to the Federal project;
(i) alternatives analysis submitted to the DEP for WQC review, and/or additional
information compiled on alternatives;
0) identify and describe potential impacts to essential fish habitat (see Condition 9);
(k) photographs of wetland/ waterway to be impacted.
Application Procedures for Dredging Projects
For projects involving dredging in navigable waters of the U.S., applicants must apply
directly to the Corps for review. Upon receipt of an application for dredging, the Corps will
determine if it (1) requires additional information (see below); (2) is appropriate for
screening with the Federal resource agencies (see Category II Federal Screening Procedures
below); (3) is ineligible under the terms and/or conditions of this general permit; or (4) will
require individual permit review, regardless of whether the terms and conditions of this
general permit are met, based on concerns for the aquatic environment or any other factor
of the public interest (see condition 4 on Discretionary Authority). If open water disposal is
proposed, a suitability determination from the Corps, fully coordinated with the Federal
resource agencies, will be made before a project can be authorized.
Additional information required for dredging projects may include:
(a) the volume of material and area in square feet to be dredged below mean high water;
(b) existing and proposed water depths;
(c) type of dredging equipment to be used;
(d) nature of material (e.g. silty sand);
(e) any existing sediment grain size and bulk sediment chemistry data for the proposed or
any nearby projects;
(f) information on the location and nature of municipal or industrial discharges and
occurrence of any contaminant spills in or near the project area, location of the disposal
site (include locus sheet);
(g) shellfish survey;
(h) identify and describe potential impacts to essential fish habitat (see Condition 9);
(i) delineation of submerged aquatic vegetation, e.g., eelgrass beds;
0) sediment testing, including physical, chemical and biological testing. For projects
proposing open water disposal, applicants are encouraged to contact the Corps as early as
possible regarding sampling and testing protocols.
All Category II applicants shall submit a copy of their WQC or Chapter 91 application
materials to the Historic Preservation Officer at the Massachusetts Historical Commission
(MHC), the Wampanoagan Tribal Historic Preservation Officer, and the Narragansett Indian
Tribal Historic Preservation Officer (see page 13 for geographic areas of concern) to be
reviewed for the presence of historic, archaeological, or tribal resources in the permit area
that the proposed work may affect. Applications to the Corps should include information to
3
indicate that this has been done (applicant's statement or a copy of their cover letter to
MHC and tribes) J.
Category II Federal Screening Procedures
Projects to be screened will be reviewed with the Federal resource agencies (U.S. Fish
and Wildlife Service, U.S. Environmental Protection Agency, and National Marine Fisheries
Service) at Joint Processing meetings held every three weeks, or as necessary to provide
applicants with a timely response. The Corps and Federal resource agencies, at the branch
chief or equivalent level, may agree on certain activities that do not need to be coordinated
at these meetings. For projects to be reviewed with the Federal agencies, the agencies may
recommend special conditions for projects to avoid or minimize adverse environmental
effects and to insure that the terms and conditions of the general permit are met. The
Corps will determine that a project is ineligible under this general permit and will begin its
individual permit review procedures if any one of the Federal agencies, within 10 working
days of the screening meeting, expresses a concern within their area of expertise, states the
resource or species that could be impacted by the project, and describes the impacts that,
either individually or cumulatively, will be more than minimal.
This 10 -day notice may be verbal and is not required to be fully documented, but
must be confirmed with a written response within an additional 10 working days from the
date of the verbal comment. Written responses must be signed by the Federal resource
agency field supervisor or branch chief as appropriate. The intent of the verbal notification
is to allow the Corps to give timely notification to the applicant that additional information
or an individual Corps permit may be required. The Corps may reinstate a project's
eligibility under the PGP provided the Federal agencies' concerns have been satisfied.
Coastal Zone Management Screening Procedures
Category II projects that involve work in or affecting the coastal zone will be screened
with CZM at Joint Processing meeting, or by fax if a CZM representative is not at the Joint
Processing meeting. CZM will make a determination, at Joint Processing or within 10
working days, that (1) CZM consistency may be waived; (2) CZM consistency may be waived
provided CZM and the Corps agree to special conditions to protect the land or water uses or
natural resources of the coastal zone; or (3) an individual CZM consistency concurrence will
be required for the project. If CZM requires an individual CZM consistency concurrence, the
Corps may issue a procedural denial letter, which will notify the applicant that the Federal
authorization is not valid until CZM consistency concurrence is issued or waived by the
Office of Coastal Zone Management.
Minerals Management Service (MMS) Review
Projects with construction of solid fill structures or discharge of fill that may extend
beyond the coastline or the baseline from which the territorial sea is measured (i.e., mean
low water), must be coordinated with MMS, Outer Continental Shelf (OCS) Survey Group,
pursuant to the Submerged Lands Act (43 U.S.C. Section 13011315, 33 CFR 320.4(f)). The
Corps will forward project information to MMS for their review. MMS will coordinate their
determination with the Department of the Interior (DOI) Solicitor's Office. The DOI will
have 15 calendar days from the date MMS is in receipt of the project information to
determine if the baseline will be affected. No notification within the i5 day review period
will constitute a "no effect" determination. Otherwise, the solicitor's notification to the
Corps may be verbal but must be followed with a written confirmation within 10 business
days from the date of the verbal notification. This procedure will be eliminated if the
Commonwealth of Massachusetts provides a written waiver of interest in any increase in
submerged lands caused by a change in the baseline resulting from solid fill structures or
fills authorized under this General Permit.
401 Water Quality Certification
For work in Corps jurisdiction involving a discharge to waters of the U.S., an
individual 401 water quality certification (WQC) must be obtained from the Massachusetts
DEP before work can proceed as authorized by this general permit for the following
circumstances (pursuant to MGL c. 21 Sections 26 - 53 and regulations at 314 CMR 9.00):
(1) More than 5000 sq. ft. Any activity in an area subject to 310 CMR 10.00 which is also
subject to 33 U.S.C. 1251, et seq. and will result in the loss of more than 5000 square feet
cumulatively of bordering and isolated vegetated wetlands and land under water.
(2) Outstanding Resource Waters. Any activity resulting in any discharge of dredged or fill
material to any Outstanding Resource Water.
(3) Real Estate Subdivision - Any discharge of dredged or fill material associated with the
creation of a real estate subdivision, unless there is a recorded deed restriction providing
notice to subsequent purchasers limiting the amount of fill for the single and complete
project to less than 5000 square feet cumulatively of bordering and isolated vegetated
wetlands and land under water and the discharge is not to an Outstanding Resource Water.
Real estate subdivisions include divisions where approval is required and where approval is
not required under the Subdivision Control Law, M.G.L. c. 41, §81K through 81GG.
Discharges of dredged or fill material to create the real estate subdivision include but are
not limited to the construction of roads, drainage, sidewalks, sewer systems, buildings,
septic systems, wells, and accessory structures.
(4) Activities Exempt under M.G.L. c. 131, X40. Any activity not subject to M.G.L. c. 131,
§40 which is subject to 33 U.S.C. 1251, et seq. and will result in any discharge of dredged
or fill material to bordering vegetated wetlands or land under water.
(5) Routine Maintenance. Routine maintenance of existing channels, such as mosquito
control projects or road drainage maintenance, that will result in the annual loss of more
than 5000 square feet cumulatively of bordering and isolated vegetated wetland and land
under water will be evaluated under the criteria of 314 CMR 9.06. A single application may
be submitted and a single certification may be issued for repeated routine maintenance
activities on an annual or multi-year basis not to exceed rive years.
(6) More than 5000 sq. ft. of Isolated Vegetated Wetlands. Any activity in an area not
subject to jurisdiction of M.G.L. c. 131, §40 which is subject to 33 U.S.C. 1251, et seq. (i.e.,
isolated vegetated wetlands) which will result in the loss of more than 5000 square feet
cumulatively of bordering and isolated vegetated wetlands and land under water.
(7) Rare and Endangered Species Habitat in Isolated Vegetated Wetlands. Any activity
resulting in the discharge of dredged or fill material to an isolated vegetated wetland that
has been identified as habitat for rare and endangered species.
(8) Salt Marsh. Any activity resulting in the discharge of dredged or fill material in any salt
marsh.
5
(9) Individual 404 Permit. Any activity subject to an individual Section 404 permit by the
Corps of Engineers.
(10) Agricultural Limited Project. Agricultural work, not exempt under M.G.L. c. 131, X40,
referenced in and performed in accordance with 310 CMR 10.53(5). Provided the activity
does not result in any discharge of dredged or fill material to an Outstanding Resource
Water, such work will be presumed to meet the criteria of 314 CMR 9.06 where a
comparable alternatives analysis is performed by the Natural Resources Conservation
Service and included in the Notice of Intent.
(11) Discretionary Authority. Any activity where the Department invokes discretionary
authority to require an application based on cumulative effects of activities, cumulative
effects from the discharge of dredged or fill material to bordering or isolated vegetated
wetlands or land under water, or other impacts that may jeopardize water quality. The
Department will issue a written notice of and statement of reasons for its determination to
invoke this discretionary authority not later than ten business days after its receipt of an
Order of Conditions.
(12) Dredging Greater than 100 c.y. Any dredging or dredged material disposal of more
than 100 cubic yards in navigable waters.
D. Corps Authorization: Individual Permit
Work that is defined in the Individual Permit category on the attached Definition of
Categories sheet or that does not meet the terms and conditions of this general permit will
require an application for an individual permit from the Corps (see 33 CFR Part 325.1).
The screening procedures outlined above will only serve to delay project review in such
cases. The applicant shall submit the appropriate application materials (including the
Corps application form) at the earliest possible date; general information and application
forms can be obtained at (978) 318-8338, (800) 362-4367, or (800) 343-4789 outside of
Massachusetts. Individual WQC and CZM consistency concurrence are required from the
Commonwealth of Massachusetts before Corps permit issuance.
E. Programmatic General Permit Conditions: The following conditions apply to activities
authorized under the Programmatic General Permit, including all Category I (non -reporting)
and Category II (reporting - requiring screening) activities:
GENERAL REQUIREMENTS:
1. Other Permits: Authorization under this general permit does not obviate the need to
obtain other Federal, state, or local authorizations required by law.
2. Applicability of this general permit shall be evaluated with reference to Federal
jurisdictional boundaries. Applicants are responsible for ensuring that the boundaries
satisfy the Federal criteria defined at 33 CFR 328-329.
3. Minimal Effects. Projects authorized by this general permit shall have minimal
individual and cumulative adverse environmental impacts as determined by the Corps.
1
4. Discretionary Authority. Notwithstanding compliance with the terms and conditions
of this permit, the Corps retains discretionary authority to require review for an individual
permit based on concerns for the aquatic environment or for any other factor of the public
interest. This authority is invoked on a case-by-case basis whenever the Corps determines
that the potential consequences of the proposal warrant individual permit review based on
the concerns stated above. This authority may be invoked for projects with cumulative
environmental impacts that are more than minimal or if there is a special resource or
concern associated with a particular project that is not already covered by the remaining
conditions of the PGP that warrants greater review.
Whenever the Corps notifies an applicant that an individual permit may be required,
authorization under this general permit is voided and no work may be conducted until the
individual Corps permit is obtained or until the Corps notifies the applicant that further
review has demonstrated that the work may proceed under this general permit.
5. Single and Complete Projects. This general permit shall not be used for piecemeal
work and shall be applied to single and complete projects. All components of a single
project shall be treated together as constituting one single and complete project and/or all
planned phases of a multi -phased project. This does not apply to linear projects, such as
power lines or pipelines, with multiple, separate, and distinct waterway or wetland
crossings, where each crossing may be reviewed for Category I eligibility. If any crossing
requires a Category II activity, then the entire linear project shall be reviewed as one project
under Category II. This general permit shall not be used for any activity that is part of an
overall project for which an individual permit is required.
NATIONAL CONCERNS:
6. Historic Properties. Any activity authorized by this general permit shall comply with
Section 106 of the National Historic Preservation Act. Information on the location and
existence of historic resources can be obtained from the Massachusetts Historic
Preservation Officer, the National Register of Historic Places, the Wampanoagan Tribal
Historic Preservation Officer, and the Narragansett Indian Tribal Historic Preservation
Officer. See page 13 for historic properties contacts and geographic areas of concern for
each. If the permittee, during construction of work authorized herein, encounters a
previously unidentified archaeological or other cultural resource within the area subject to
Department of the Army jurisdiction that might be eligible for listing in the National
Register of Historic Places, he/she shall immediately notify the District Engineer.
7. National Lands. Activities authorized by this general permit shall not impinge upon the
value of any National Wildlife Refuge, National Forest, National Marine Sanctuary (e.g.
Stellwagen Bank) or any area administered by the National Park Service (e.g. Cape' Cod
National Seashore).
8. Endangered Species. No activity authorized under this general permit may affect a
threatened or endangered species or a species proposed for such designation, as identified
under the Federal Endangered Species Act (ESA), which is likely to destroy or adversely
modify the critical habitat of such species, which would result in a "take" of any threatened
or endangered species of fish or wildlife, or which would result in any other violation of
Section 9 of the ESA protecting threatened or endangered species of plants. Applicants
shall notify the Corps if any listed species or critical habitat is in the vicinity of the project
and shall not begin work until notified by the district engineer that the requirements of the
6
ESA have been satisfied and that the activity is authorized. Information on the location of
threatened and endangered species and their critical habitat can be obtained from the U.S.
Fish and Wildlife Service and National Marine Fisheries Service (addresses listed on page
13).
9. Essential Fish Habitat. As part of the PGP screening process, the Corps will coordinate
with the National Marine Fisheries Service (NMFS) in accordance with the 1996
amendments to the Magnuson -Stevens Fishery and Conservation Management Act to
protect and conserve the habitat of marine, estuarine and anadromous finfish, mollusks,
and crustaceans. This habitat is termed "essential fish habitat (EFH)", and is broadly
defined to include "those waters and substrate necessary to fish for spawning, breeding,
feeding, or growth to maturity." Applicants may be required to describe and identify
potential impacts to EFH. Any work in streams in the Connecticut and Merrimack River
watersheds that are stocked with Atlantic salmon (see attached lists) shall not be
authorized under Category I of the MAPGP and must be screened for potential impacts to
EFH. Conservation recommendations made by NMFS will normally be included as a permit
requirement by the Corps. Information on the location of EFH can be obtained from the
NMFS (50 CFR Part 600)(address listed on page 13).
10. Wild and Scenic Rivers. Any activity that occurs in a component of, or within 0.25
mile up or downstream of the main stem or tributaries of a segment of, or that has the
potential to alter flows within a river within the National Wild and Scenic River System
must be reviewed by the Corps under the procedures of Category II of this general permit
regardless of size of impact. This condition applies to both designated wild and scenic
rivers and rivers officially designated by Congress as study rivers for possible inclusion
while such rivers are in official study status. The Corps will consult with the National Park
Service (NPS) with regard to potential impacts of the proposed work on the resource values
of the wild and scenic river. The culmination of this coordination will be a determination by
the NPS and the Corps that the work: (1) may proceed as proposed; (2) may proceed with
recommended conditions; or (3) could pose a direct. and adverse effect on the resource
values of the river and an individual permit is required. If preapplication consultation
between the applicant and the NPS has occurred whereby NPS has made a determination
that the proposed project is appropriate for authorization under this PGP (with respect to
Wild and Scenic River issues), this determination should be furnished to the Corps with
submission of the application.
National Wild and Scenic Rivers System segments for Massachusetts as of December
1999, include: Sudbury/Assabet/Concord Rivers as follows: the Sudbury from the
Danforth Street bridge in Framingham downstream to the confluence with the Assabet, the
Assabet from 1,000 feet below the Damon Mill Dam downstream to the confluence with the
Sudbury, and the Concord from the confluence of the Sudbury and Assabet downstream to
the Route 3 bridge in Billerica; and Westfield River as follows: East Branch from the
Cummington/Windsor, MA, town line downstream to 0.8 mile upstream of the confluence
with Holly Brook, the Middle Branch from the Peru/Worthington, MA, town line
downstream to the confluence with Kinne Brook, and 0.4 mile of the Glendale Brook
tributary from Clark Wright Road bridge to the confluence with the Middle Branch, and the
West Branch from the railroad bridge 2,000 feet downstream of Becket Village in Becket,
MA, downstream to the Chester/ Huntington, MA, town line.
11. Federal Navigation Project. Any structure or work that extends closer to the
horizontal limits of any Corps navigation project than a distance of three times the project's
authorized depth (see attached map for locations of these projects) shall be subject to
removal at the owner's expense prior to any future Corps dredging or the performance of
periodic hydrographic surveys.
12. Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following: (a) damages to the permitted project or uses thereof as a
result of other permitted or unpermitted activities or from natural causes; (b) damages to
the permitted project or uses thereof as a result of current or future activities undertaken
by or on behalf of the United States in the public interest; (c) damages to persons, property,
or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit; (d) design or construction deficiencies associated with the
permitted work; (e) damage claims associated with any future modification, suspension, or
revocation of this permit.
13. Navigation. There shall be no unreasonable interference with navigation by the
existence or use of the activity authorized herein, and no attempt shall be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the activity authorized herein.
MINIMIZATION OF ENVIRONMENTAL IMPACTS:
14. Minimization. Discharges of dredged or fill material into waters of the United States
shall be avoided and minimized to the maximum extent practicable.
15. Work in Wetlands. Heavy equipment working in wetlands shall be avoided if possible,
and if required shall be placed on mats to minimize soil and vegetation disturbance.
Disturbed areas in wetlands shall be restored to preconstruction contours upon completion
of the work.
16. Temporary Fill. Temporary fill in waters and wetlands authorized by this general
permit (e.g. access roads, cofferdams) shall be properly stabilized during use to prevent
erosion. Temporary fill in wetlands shall be placed on geotextile fabric laid on existing
wetland grade. Temporary fills shall be disposed of at an upland site, suitably contained to
prevent erosion and transport to a waterway or wetland. Temporary fill areas shall be
restored to their approximate original elevations, but not higher. No temporary fill shall be
placed in waters and/or wetlands unless specifically authorized by the Corps.
17. Coastal Bank Stabilization. Projects involving reconstruction or maintenance of an
existing coastal bank stabilization structure within Corps jurisdiction should be designed to
minimize environmental effects to the maximum extent practicable (includes minimization
of scour, etc.).
18. Sedimentation and Erosion Control. Adequate sedimentation and erosion control
management measures, practices and devices, such as phased construction, vegetated filter
strips, geotextile silt fences or other devices, shall be installed and properly maintained to
reduce erosion and retain sediment on-site during and after construction. They shall be
capable of preventing erosion, of collecting sediment, suspended, and floating materials,
and of filtering fine sediment. These devices shall be removed upon completion of work and
the disturbed areas shall be stabilized. The sediment collected by these devices shall be
0
removed and placed at an upland location, in a manner that will prevent its later erosion
into a waterway or wetland. All exposed soil and other fills shall be permanently stabilized
at the earliest practicable date.
19. Waterway Crossings. (a) All temporary and permanent crossings of waterbodies shall
be suitably culverted, bridged, or otherwise designed to withstand and to prevent the
restriction of high flows, and so as not to obstruct the movement of aquatic life indigenous
to the waterbody beyond the actual duration of construction. (b) No open trench excavation
shall be allowed in flowing waters. (c) Temporary bridges, culverts, or cofferdams shall be
used for equipment access across streams (note: areas of fill and/or cofferdams must be
included in total waterway/wetlands impacts to determine applicability of this general
permit). (d) For projects that otherwise meet the terms of Category I, in -stream
construction work shall be conducted during the low flow period, July 1 to October 1 in
any year. Projects that are not to be conducted during that time period are ineligible for
Category I and shall be screened pursuant to Category II, regardless of the waterway and
wetland fill and/or impact area.
20. Discharge of Pollutants. All activities involving any discharge of pollutants into
waters of the United States authorized under this general permit shall be consistent with
the Massachusetts Stormwater Management Policy (as described in "Stormwater
Management, Volume One: Stormwater Policy Handbook," March 1997, or subsequent
versions), applicable water quality standards, effluent limitations, standards of
performance, prohibitions, and pretreatment standards and management practices
established pursuant to the Clean Water Act (33 U.S.C. 1251), and other applicable state
and local laws. If applicable water quality standards, limitations, etc. are revised or
modified during the term of this permit, the authorized work shall be modified to conform
with these standards within six months of the effective date of such revision or
modification, or within a longer period of time deemed reasonable by the District Engineer
in consultation with the Regional Administrator of the Environmental Protection Agency.
Applicants may presume that State water quality standards are met with issuance of the
WQC.
21. Spawning Areas. Discharges in fish and shellfish spawning or nursery areas during
spawning seasons shall be avoided. During all times of year, impacts to these areas shall
be avoided or minimized to the maximum extent practicable.
22. Storage of Seasonal Structures. Coastal structures, such as pier sections and floats,
that are removed from the waterway for a portion of the year shall be stored in an upland
location, located above mean high water and not in tidal wetlands.
23. Environmental Values. The permittee shall make every reasonable effort to carry out
the construction or operation of the work authorized herein in a manner so as to maintain,
as much as practicable, and to minimize any adverse impacts on existing fish, wildlife, and
natural environmental values.
PROCEDURAL CONDITIONS:
24. Inspections. The permittee shall allow the District Engineer or his authorized
representative(s) to make periodic inspections at any time deemed necessary in order to
ensure that the work is being performed in accordance with the terms and conditions of
this permit. The District Engineer may also require post -construction engineering drawings
10
for completed work or post -dredging survey drawings for any dredging work. To facilitate
these inspections, the attached work notification form shall be filled out and
returned to the Corps for all Category II projects.
25. Maintenance. The permittee shall maintain the work or structures authorized herein
in good condition, including maintenance to ensure public safety. This does not include
maintenance of dredging proiects. Maintenance dredging is subject to the review
thresholds on the attached Definition of Categories sheets, and/or any conditions included
in a written Corps authorization.
26. Property Rights. This permit does not convey any property rights, either in real estate
or material, or any exclusive privileges, nor does it authorize any injury to property or
invasion of rights or any infringement of Federal, State, or local laws or regulations.
27. Modification, Suspension, and Revocation. This permit may be either modified,
suspended, or revoked in whole or in part pursuant to the policies and procedures of 33
CFR 325.7. Any such action shall not be the basis for any claim for damages against the
United States.
28. Restoration. The permittee, upon receipt of a notice of revocation of authorization
under this permit, shall restore the wetland or waterway to its former conditions, without
expense to the United States and as directed by the Secretary of the Army or his authorized
representative. If the permittee fails to comply with such a directive, the Secretary or his
designee may restore the wetland or waterway to its former condition, by contract or
otherwise, and recover the cost from the permittee.
29. Special Conditions. The Corps may independently or at the request of the Federal
resource agencies impose other special conditions on a project authorized pursuant to this
general permit that are determined necessary to minimize adverse environmental effects or
based on any other factor of the public interest. Failure to comply with all conditions of the
authorization, including special conditions, will constitute a permit violation and may
subject the permittee to criminal, civil, or administrative penalties, or restoration.
30. False or Incomplete Information. If the Corps makes a determination regarding the
eligibility of a project under this permit and subsequently discovers that it has relied on
false, incomplete, or inaccurate information provided by the permittee, then the permit
shall not be valid and the Government may institute appropriate legal proceedings.
31. Abandonment. If the permittee decides to abandon the activity authorized under this
general permit, unless such abandonment is merely the transfer of property to a third
party, he/she must restore the area to the satisfaction of the District Engineer.
32. Enforcement cases. This general permit does not apply to any existing or proposed
activity in Corps jurisdiction associated with an on-going Corps of Engineers or
Environmental Protection Agency enforcement action, until such time as the enforcement
action is resolved or the Corps and/or EPA determines that the activity may proceed
independently without compromising the enforcement action.
11
DURATION OF AUTHORIZATION/ GRANDFATHERING:
33. Duration of Authorization. Activities authorized under this general permit that have
commenced (i.e., are under construction) or are under contract to commence in reliance
upon this authorization will remain authorized provided the activity is completed within
twelve months of the date of the general permit's expiration, modification, or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization in accordance with 33 CFR 325.2(e)(2). Activities
completed under the authorization of the general permit that was in effect at the time the
activity was completed will continue to be authorized by the general permit.
34. Previously Authorized Activities.
(a) Activities which have commenced (i.e., are under construction or are under contract to
commence) prior to the issuance date of this general permit, in reliance upon the terms and
conditions of the non -reporting category of the previous Massachusetts PGP, shall remain
authorized provided the activity is completed within twelve months of the date of issuance
of this general permit or in accordance with a project specific date provided in writing by
the Corps to the permittee, unless discretionary authority has been exercised on a case-by-
case basis to modify, suspend, or revoke the authorization in accordance with Condition 4.
The applicant must be able to document to the Corps satisfaction that the project was
under construction or contract by the appropriate date.
(b) Projects that have received written verification or approval from the Corps, based on
applications made to the Corps prior to issuance of this general permit, for the previous
Massachusetts PGP, Nationwide permits, regional general permits, or letters of permission
shall remain authorized as specified in each authorization.
(c) Activities authorized pursuant to 33 CFR Part 330.3 (activities occurring before certain
dates) are not affected by this general permit.
BRIAN E. OSTERNDORF, COLONEL DATE
CORPS OF ENGINEERS
12
Contacts for Programmatic General Permit:
December 1999
U.S. Army Corps of Engineers Coastal Zone Management
Regulatory Branch 100 Cambridge Street 20th Floor
696 Virginia Road Boston, Massachusetts 02202
Concord, Massachusetts 01742 (617) 626-1200
(978) 318-8335
(800) 343-4789 (ME, VT, NH, RI, CT)
(800) 362-4367 (Massachusetts)
http://www.nae.usace.army.mil/environm/regl.htm
National Park Service
North Atlantic Region
15 State Street
Boston, MA 02109
(617) 223-5203
Historic Properties:
Massachusetts Historical Commission
The Massachusetts Archives Bldg.
220 Morrissey Boulevard
Boston, Massachusetts 02125
(617) 727-8470
Area of concern: All of MA
Wampanoagan Tribal Historic
Preservation Officer
20 Black Brook Road
Aquinnah, MA 02535
(508) 645-9265
(508) 645-3790 (fax)
Area of concern: All of MA
Narragansett Indian Tribal
Historic Preservation Officer
P.O. Box 700
Wyoming, RI 02898
(401) 539-1190
(401) 539-4217 (fax)
Area of concern: (1) West of Worcester to and including Greenfield; (2) Middleborough
and surrounding towns; (3) Kingston and surrounding towns; (4) and Deer Island
Federal Endangered Species and
Essential Fish Habitat:
National Marine Fisheries Service
One Blackburn Drive
Gloucester, Massachusetts 01930
(978) 281-9300
Federal Endangered Species:
U.S. Fish and Wildlife Service
22 Bridge Street, Unit # 1
Concord, New Hampshire 03301
(603) 225-1411
Massachusetts Department of Environmental Protection DEP):
DEP Division of Wetlands and Waterways
One Winter Street
Boston, Massachusetts 02108
(617) 292-5695
13
Regional DEP Offices:
DEP-Western Region
Wetlands Protection Program
436 Dwight Street
Springfield, Massachusetts 01103
(413) 784-1100
DEP-Central Region
Wetlands Protection Program
627 Main Street
Worcester, Massachusetts 01608
(508) 792-7650
14
DEP-Southeast Region
Wetlands Protection Program
20 Riverside Drive, Route 105
Lakeville, Massachusetts 02347
(508) 946-2800
DEP-Northeast Region
Wetlands Protection Program
205 Lowell Street
Wilmington, Massachusetts 01887
(978) 661-7600
PGP WORK START NOTIFICATION FORM
(Minimum Advance Notice: Two Weeks)
MAIL TO: U.S. Army Corps of Engineers, New England District
Regulatory Branch
Policy Analysis/Technical Support Section
696 Virginia Road
Concord, Massachusetts 01742-2751
A Corps of Engineers Permit (No. ) was issued to
permit authorized
The
The people (e.g., contractor) listed below will do the work, and they understand the
permit's conditions and limitations.
Name of Person/ Firm:
Business Address:
Telephone: ( 1
Proposed Work Dates: Start:
Finish:
PERMITTEE'S SIGNATURE:
PRINTED NAME:
PLEASE PRINT OR TYPE
DATE:
TITLE:
FOR USE BY THE CORPS OF ENGINEERS
Submittals Required:
Inspection Recommendation:
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ESSENTIAL FISH HABITAT
Any fill in the following Waters of the U.S. in the specified towns must be reviewed
under Category II of the MAPGP for potential impacts to EFH. Please note that
the mainstems of the Connecticut and Merrimack Rivers are Navigable waters of
the U.S. and any fill in them must be reviewed under Category II. Any questions
on locations should be directed to the Corps.
Connecticut River Watershed
Agawam:
Westfield River
Ashfield:
Bear River
South River to Baptist Corner Road
Athol:
Millers River
Becket:
Depot Brook
Shaker Mill Brook
Walker Brook to Spark Brook
West Branch Westfield River
Yokum Brook to Rudd Pond Brook
Bernardston:
Fall River
Blandford:
Wigwam Brook
Buckland:
Deerfield River
Charlemont:
Chickley River
Cold River
Deerfield to Pelham Brook
North River
Pelham Brook
Chester:
Middle Branch Westfield River
Walker Brook
West Branch Westfield River
Chesterfield:
Child's Brook West Branch
Dead Branch
Tower Brook
Westfield River
Colrain:
North River
East Branch North River
West Branch North River
Green River
Conway:
Bear River
Deerfield River
Poland Brook
South River
Cummington:
Bartlett Brook
Child's Brook West Branch
Meadow Brook
North Branch Swift River to Stage Rd.
Swift River
Westfield Brook
Westfield River
Deerfield:
Deerfield River
Easthampton:
Manhan River to North Branch Manhan
River
North Branch Manhan River
Erving:
Millers River
Florida:
Cold River
Gill:
Fall River
Goshen:
Swift River
Greenfield:
Allen Brook
Deerfield River
Fall River
Green River
Hatfield:
Mill River to West Brook
West Brook
Hawley:
Chickley River to King Brook
Mill Brook to Gorge Hill Rd:
Huntington:
Dead Branch to Westfield River
Little River
Middle Branch Westfield River
Pond Brook to Searle Rd.
Roaring Brook to Mica Mill Rd.
West Branch Westfield River
Westfield River
Leverett:
Sawmill River
Leyden:
Green River
Middlefield:
Factory Brook
Middle Branch Westfield River to Tuttle
Brook
West Branch Westfield River
Montaque:
Millers River
Sawmill River
Montgomery:
Westfield River
Roaring Brook
Northampton:
North Branch Manhan River
Orange:
Millers River
Plainfield:
Bartlett Brook to Prospect St.
Meadow Brook to Gloyd St.
Rome:
Pelham Brook to Rice Brook
Royalston:
Millers River to Birch Hill Dam
Russell:
Bradley Brook
Potash Brook
Stage Brook
Westfield River
Savoy:
Cold River to Black Brook
Westfield River to Griffin Hill Rd.
Shelburne:
Allen Brook
Deerfield River
North River
Shutesbury:
Sawmill River
Southampton:
North Branch Manhan River
Southwick:
Munn Brook
Washington:
Depot Brook to Frost Rd.
Wendell:
Millers River
Westfield:
Little River to Munn Brook
Moose Meadow Brook to Mass Turnpike
Munn Brook
Westfield River
Westhampton:
Dead Branch
North Branch Manhan River to Northwest
Rd.
West Springfield:
Westfield River
Whately:
West Brook to Haydenville Rd
Windsor:
Westfield Brook to East Windsor Rd.
Westfield River
Worthington:
Bronson Brook
Child's Brook West Branch
Little River to Goss Hill Rd.
Middle Branch Westfield River to Tuttle
Brook
Merrimack River Watershed
Pepperell:
Nissitissit River to Nashua River
Nashua River from Nissitissit River to
New Hampshire border
rt COMMONWEALTH OF MASSACHUSETTS
EncTiTIVE o FIC1:, OP ENVIRONMENTAL AFFAIRS
DEPARTMENT QF' E?mPoNMENTAL pROTECTION
Metropolitan Boston - Northe'ast Regiouai Office
Y
ARGEQ PAUL CELLUCCI
Gwomor
JANE SWIFT
LieutenAnt Governor
DEP File # 242-1025
1308 DURAND
Secmary
LAUREN LISS
Commissioner
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER NORTH
ANDOVER
DATE: IS August, 2000
The Department ofEnvironmental Protection has received a Notice of Intent filed iniac (city/town)
with the Wetlands Protection Act (M.G,L. c. 131, §40),
Applicant: RICHMOND REALTY TRUST Owner:
Address: i AhiDO VER. TREE Address:
N ANDVER MA, U1845.
Project T e ti ti; "' ENtg,YCE'NWO^v .
STR.S&MASSACHUSETTSA
IF CRECKEDt THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
A•�Thls project has been assigned the following file #: 242-1025
Although a file ## is being issued, please note the following: Needs alternatives anal sis.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF
SUBMITTAL,NOT APPROVAL OF APPLICATION'
B.( )No file # will be assigned to this project until the following missing information is sent to
this office, to meet the minimum submittal requirements in accordance with the Wetlands
Protection Regulations at 310 CMR 10.00:
l • ()
—COPY(s) of a completed Notice of Intent (Form 3 or Form 4 of Sect. 10.99,
whichever is applicable) and a EM of the Fee Transmittal Form with a cop
check for the State's share of the Notice of Intent filing- fee.
2 {)
—copy(s) of plans, calcuiatioxis, and other documentation necessary
to
describe the proposed work and mitigation measures to protect resourcer.completely
3. () copy($) of an $.5" X 1 l" section of the USGS map of the.area.
4• ( ) PY($) of plans showing compliance with Title 5 of the State EnvironmentalCode, 31 a CMR 15.00.
5• ( ) Proof that a copy of your Notice of Intent has been mailed or hand delivered to the
Natural Heritage and Endangered Species Program.
COMMENTS:
(see page 2 for additional information)
Thla lafoneatioe is available in aIlrrnate format by "liinf out ADA Coordinator at w7) s74.a7i,
245a Lowe11 �_• Witmfngton, MA, 01837 • natPhcne (978) 661.7600. Fax (978) 461-761$ • TDD .# (978) 661-7679
� an R�crrte6 vapet
d
Z abed J F e6VC ZSE Cog woaj M LL 10—Oe—noN paniaaOU
e
C• -C J Other Regulatory Jurisdiction
1. ( 2APplication has. been forwarded to Waterways Regulatory Program to determine
if a Chapter 91 License is required.
2. L.) Applicant is advised to forward a copy of the Notice of Intent to the Corps of
Engineers for review (call 1-800-362-4367 for information).
D. ( ) 401 Water Quality Certification
The Project described in your Notice of intent requires a 401 Water Quality
Certification from the Department of Environmental Protection and may require
submittal of a 401 application force, See be further for
further details:
1 ( ) Based upon the information submitted in and with your Notice of intent a
separate 401 Water Quality Certification application form is not required. The
Department has reviewed the plans submitted by the applicant and finds that there is
reasonable assurance that the project or activity will be conducted in a manner that will
not violate the Massachusetts Surface Water Qitahty Standards, provided that:
a) the applicant receives and complies with a Final Order of Conditions from the local
conservation canuhission or the Department;,,
b) The Order of Conditions does not cause the loss of more than 5,000sq.& of
bordering vegetated wetlands and land under water and/or the dredging of more than
100 cubic yards of land under water;
c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1;
and is not part of a subdivision; does not cause the Ioss of any Wetlands designated as
d) The project is not exempt from the M.G.L, c. 13.1, §40 -the Wetlands Protection Act;
Outstanding Resource Waters; and does not cause the Ioss of any salt marsh.
Therefore, Providthat
the above conditions are satisfied, the Final Order of Conditions will
serve as the Water ualt�Certification for this project. This does not relieve the applicant of
the duty to comply with any other statutes or regulations.
2. { ) Before the activity described in the Notice of Intent can commence, you must
obtain a Water Quality Certification form from this Regional Office. Please complete
the enclosed 401 Water Quality Certification application form and file it with this
Regional Office for review.
3: ( ' ) Your project involves dredging of greater than 100 cubic yards of material or
requires a permit from the Federal Energy Regulatory Commission for work in "wate
the Commonwealth:" Therefore, your proposers of
d project is subject to 314 CMR 9.00 and
requires a Water Quality Certification. please complete the enclosed 401 Water
Quality Certification, application form and file it with the Department of
Environmental Protection, Waterways program, and One Winter Street, Boston,
MA 02108. Contact the Division of Waterways Program at 617-292-5655 if you have
and questions.
For more information please contact: Mr, DAVE KENNEDY at 978- 661-7600.
Cc: Conservation Commission
f ) Owner ( ) U.S. Anty Co s of EngineePs
{ ) DBP- Water Pollution Control{ ) Coastal Zone Management
( ) Representative: ( ) Other
d �,5VE ?,SE E09 AS3bd SQNG113M Hodzj Wb'0S ° 0 L [ 00[,-0E;- L L
E abed 0 F Z6vc eK cog Woo} V0=tL L0-Oe-^oN pan18008
CHRISTIANSEN & SERGI, INC.
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET HAVERHILL, MASSACHUSETTS 01830-6318 (978) 373-0310 FAX: (978) 372-3960
November 20, 2001
Mr. Robert Nicetta
Building Inspector
Town of North Andover
27 Charles Street
North Andover MA 01845
Re: Riverbend
Richmond Realty Trust
Green Street
Dear Bob,
It is my understanding that you are concerned that this project has not received the
proper review from the Corps of Engineers. I like to take this opportunity to alleviate
those concerns.
The Corps of Engineers has established a Programmatic General Permit that
categorizes projects according to size of wetlands disturbance (see attached). The subject
project falls under Category I. Such a project receives Corps approval by meeting all
State and local wetland requirements. While the project technically receives a
Programmatic General Permit because of compliance with State and local regulations,
written permits are not issued.
The only other concern is that of a 401 permit and that was provided for in the
Order of Conditions as set forth in the Notification of Wetlands Protection Act File
Number, a copy of which is attached. On page 2 it is stated, "the final order of Conditions
will serve as the Water Quality Certification (40 1) for this project.
Very
c.c. Dom Scalise
Christiansen
Application No.: 199901470 Effective Date: January 11, 2000
Expiration Date: January 11, 2005
Applicant: General Public in Massachusetts
DEPARTMENT OF THE ARMY PROGRAMMATIC GENERAL PERMIT
COMMONWEALTH OF MASSACHUSETTS
The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues a
Programmatic General Permit (PGP) that expedites review of minimal impact work in
coastal and inland waters and wetlands within the Commonwealth of Massachusetts.
Activities with minimal impacts, as specified by the terms and conditions of this general
permit and on the attached Definition of Categories, are either non -reporting (provided
required local and state permits and required state certifications are received), or are
reporting, requiring screening by the Corps and Federal resource agencies for applicability
under the general permit. This general permit does not affect the Corps individual permit
review process or activities exempt from Corps jurisdiction.
Activities covered: work and structures that are located in, or that affect, navigable
waters of the United States (regulated by the Corps under Section 10 of the Rivers and
Harbors Act of 1899); the discharge of dredged or fill material into waters of the United
States (regulated by the Corps under Section 404 of the Clean Water Act); and the
transportation of dredged material for the purpose of disposal in the ocean (regulated by
the Corps under Section 103 of the Marine Protection, Research and Sanctuaries Act).
Procedures
A. State and Local Approvals
For projects authorized pursuant to this general permit, when the following local or
state approvals are also required, they must be obtained in order for this general permit
authorization to be valid (applicants are responsible for ensuring that all required state
licenses and approvals have been applied for and obtained):
(a) Final Order of Conditions under the Massachusetts Wetlands Protection Act
(WPA) (MGL c. 131 Section 40) must be obtained for activities subject to jurisdiction as
defined in 310 CMR 10.02.
(b) Waterways license or permit under MGL c. 91, from the Massachusetts
Department of Environmental Protection (DEP) must be obtained for activities subject to
jurisdiction, also defined in 310 CMR 9.05.
(c) Water Quality Certification is required for work in Corps jurisdiction involving a
discharge to waters of the U.S. Some projects require an individual water quality
certification (WQC), under Section 401 of the Clean Water Act, issued by the Massachusetts
DEP before work can proceed (see pages 5 & 6) for 401 WQC requirements).
(d) Coastal Zone Management: Any project that meets the terms and conditions of
Category I of this general permit (i.e., non -reporting), has been determined to be consistent
with the Massachusetts Coastal Zone Management (CZM) plan and does not require any
additional CZM review. For work being screened under Category II of this general permit,
the Corps will coordinate screening of any work in or affecting the coastal zone with the
Office of Coastal Zone Management; for these projects applicants will be notified by the
Corps if an individual CZM concurrence is required.
B. Corps Authorization: Category I (Non-Reporting)
Work in Massachusetts that is subject to Corps jurisdiction (see Condition 2), that
meets the definition of Category I on the attached Definition of Categories sheet, and that
meets all of this permit's other conditions may proceed without application or notification
to the Corps provided the required Federal, State, and local authorizations are obtained.
Note that the review thresholds under Category I applyto o single, complete projects only (see
Condition 5). Also, note that Category I does not apply to activities occurring in a
component of, or within 0.25 mile upstream on a tributary of, or that has the potential to
alter flows within a river within the National Wild and Scenic River System (see Condition
10 for listed rivers in Massachusetts).
Work that is not subject to the WPA, but is subject to Corps jurisdiction, is eligible
for Corps authorization under this PGP; although an Order of Conditions is not required,
the general permit review thresholds and requirements concerning WQC and CZM
consistency apply. Such projects could include activities that are exempt from the WPA or
activities in Federal wetlands (e.g., isolated wetlands) that are not included in the WPA.
Although Category I projects are non-reporting, the Corps reserves the right to
require review for an individual permit if there are concerns for the aquatic environment or
any other factor of the public interest (see Condition 4 on Discretionary Authority).
C. Corps Authorization: Category II (Reporting - Requiring Screening)
The Corps will accept DEP's WQC and Chapter 91 applications for its review.
However, all projects involving dredging in a navigable water of the U.S. (see application
procedures for dredging projects, below) or involving work that is not subject to State
jurisdiction must use a Corps application form and be sent directly to the Corps.
Application Procedures
For projects that do not meet the non-reporting thresholds, written authorization
from the Corps and applicable certifications or waivers concerning WQC and CZM are
required. Applicants will apply directly to the appropriate DEP regional office (see page 14
for addresses) for WQC and/or Chapter 91 licensing, except for projects involving dredging
in navigable waters of the U.S. (see application procedures for dredging projects below).
Once DEP determines that an application is complete, they will, in their Administrative
completeness letter, notify applicants to send a copy of their complete application to the
Corps. DEP will send copies of these letters to the Corps. Applicants will then send a copy
of their complete application to the Corps. After review of the application, the Corps will
notify applicants if an individual CZM consistency concurrence is required. If the Corps
and Federal Resource agencies determine that the activity is eligible for the PGP (see
screening procedures below), the Corps will send an authorization letter directly to the
applicant and a copy to DEP. If the activity is not eligible under the PGP or if the Corps
determines that additional information is required, the Corps will notify the applicant in
writing prior to any state authorization and will send a copy of this notification to DEP
Additional information required may include:
(a) purpose of the project;
(b) 81/2" by 11" plan views of the entire property and project limits with existing and
proposed conditions (legible, reproducible plans required);
(c) wetland delineation for site, information on basis of delineation, and calculations of
waterway and wetland impact areas (see Condition 2);
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(d) typical cross-section views of all wetland and waterway fill areas and wetland replication
areas;
(e) delineation of submerged aquatic vegetation, e.g., eelgrass beds, in tidal waters;
(f) area, type, and source of fill material to be discharged into waters and wetlands,
including the volume of fill below ordinary high water in inland waters and below the high
tide line in coastal waters;
(g) mean low, mean high water, and high tide elevations in navigable waters;
(h) limits of any Federal Navigation Project in the vicinity and State Plane coordinates for
the limits of the proposed work closest to the Federal project;
(i) alternatives analysis submitted to the DEP for WQC review, and/or additional
information compiled on alternatives;
6) identify and describe potential impacts to essential fish habitat (see Condition 9);
(k) photographs of wetland /waterway to be impacted.
Application Procedures for Dredging Projects
For projects involving dredging in navigable waters of the U.S., applicants must apply
directly to the Corps for review. Upon receipt of an application for dredging, the Corps will
determine if it (1) requires additional information (see below); (2) is appropriate for
screening with the Federal resource agencies (see Category II Federal Screening Procedures
below); (3) is ineligible under the terms and/or conditions of this general permit; or (4) will
require individual permit review, regardless of whether the terms and conditions of this
general permit are met, based on concerns for the aquatic environment or any other factor
of the public interest (see condition 4 on Discretionary Authority). If open water disposal is
proposed, a suitability determination from the Corps, fully coordinated with the Federal
resource agencies, will be made before a project can be authorized.
Additional information required for dredging projects may include:
(a) the volume of material and area in square feet to be dredged below mean high water;
(b) existing and proposed water depths;
(c) type of dredging equipment to be used;
(d) nature of material (e.g. silty sand);
(e) any existing sediment grain size and bulk sediment chemistry data for the proposed or
any nearby projects;
(f) information on the location and nature of municipal or industrial discharges and
occurrence of any contaminant spills in or near the project area, location of the disposal
site (include locus sheet);
(g) shellfish survey;
(h) identify and describe potential impacts to essential fish habitat (see Condition 9);
(i) delineation of submerged aquatic vegetation, e.g., eelgrass beds;
0) sediment testing, including physical, chemical and biological testing. For projects
proposing open water disposal, applicants are encouraged to contact the Corps as early as
possible regarding sampling and testing protocols.
All Category II applicants shall submit a copy of their WQC or Chapter 91 application
materials to the Historic Preservation Officer at the Massachusetts Historical Commission
(MHC), the Wampanoagan Tribal Historic Preservation Officer, and the Narragansett Indian
Tribal Historic Preservation Officer (see page 13 for geographic areas of concern) to be
reviewed for the presence of historic, archaeological, or tribal resources in the permit area
that the proposed work may affect. Applications to the Corps should include information to
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indicate that this has been done (awlicant's statement or a copy of their cover letter to
MHC and tribes).
Category II Federal Screening Procedures
Projects to be screened will be reviewed with the Federal resource agencies (U.S. Fish
and Wildlife Service, U.S. Environmental Protection Agency, and National Marine Fisheries
Service) at Joint Processing meetings held every three weeks, or as necessary to provide
applicants with a timely response. The Corps and Federal resource agencies, at the branch
chief or equivalent level, may agree on certain activities that do not need to be coordinated
at these meetings. For projects to be reviewed with the Federal agencies, the agencies may
recommend special conditions for projects to avoid or minimize adverse environmental
effects and to insure that the terms and conditions of the general permit are met. The
Corps will determine that a project is ineligible under this general permit and will begin its
individual permit review procedures if any one of the Federal agencies, within 10 working
days of the screening meeting, expresses a concern within their area of expertise, states the
resource or species that could be impacted by the project, and describes the impacts that,
either individually or cumulatively, will be more than minimal.
This 10 -day notice may be verbal and is not required to be fully documented, but
must be confirmed with a written response within an additional 10 working days from the
date of the verbal comment. Written responses must be signed by the Federal resource
agency field supervisor or branch chief as appropriate. The intent of the verbal notification
is to allow the Corps to give timely notification to the applicant that additional information
or an individual Corps permit may be required. The Corps may reinstate a project's
eligibility under the PGP provided the Federal agencies' concerns have been satisfied.
Coastal Zone Management Screening Procedures
Category II projects that involve work in or affecting the coastal zone will be screened
with CZM at Joint Processing meeting, or by fax if a CZM representative is not at the Joint
Processing meeting. CZM will make a determination, at Joint Processing or within 10
working days, that (1) CZM consistency may be waived; (2) CZM consistency may be waived
provided CZM and the Corps agree to special conditions to protect the land or water uses or
natural resources of the coastal zone; or (3) an individual CZM consistency concurrence will
be required for the project. If CZM requires an individual CZM consistency concurrence, the
Corps may issue a procedural denial letter, which will notify the applicant that the Federal
authorization is not valid until CZM consistency concurrence is issued or waived by the
Office of Coastal Zone Management.
Minerals Management Service (MMS) Review
Projects with construction of solid fill structures or discharge of fill that may extend
beyond the coastline or the baseline from which the territorial sea is measured (i.e., mean
low water), must be coordinated with MMS, Outer Continental Shelf (OCS) Survey Group,
pursuant to the Submerged Lands Act (43 U.S.C. Section 13011315, 33 CFR 320.4(fl). The
Corps will forward project information to MMS for their review. MMS will coordinate their
determination with the Department of the Interior (DOI) Solicitor's Office. The DOI will
have 15 calendar days from the date MMS is in receipt of the project information to
determine if the baseline will be affected. No notification within the 15 day review period
will constitute a "no effect" determination. Otherwise, the Solicitor's notification to the
Corps may be verbal but must be followed with a written confirmation within 10 business
days from the date of the verbal notification. This procedure will be eliminated if the
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Commonwealth of Massachusetts provides a written waiver of interest in any increase in
submerged lands caused by a change in the baseline resulting from solid fill structures or
fills authorized under this General Permit.
401 Water Quality Certification
For work in Corps jurisdiction involving a discharge to waters of the U.S., an
individual 401 water quality certification (WQC) must be obtained from the Massachusetts
DEP before work can proceed as authorized by this general permit for the following
circumstances (pursuant to MGL c. 21 Sections 26 - 53 and regulations at 314 CMR 9.00):
(1) More than 5000 sq. ft. Any activity in an area subject to 3 10 CMR 10.00 which is also
subject to 33 U.S.C. 1251, et seq. and will result in the loss of more than 5000 square feet
cumulatively of bordering and isolated vegetated wetlands and land under water.
(2) Outstanding Resource Waters. Any activity resulting in any discharge of dredged or fill
material to any Outstanding Resource Water.
(3) Real Estate Subdivision - Any discharge of dredged or fill material associated with the
creation of a real estate subdivision, unless there is a recorded deed restriction providing
notice to subsequent purchasers limiting the amount of fill for the single and complete
project to less than 5000 square feet cumulatively of bordering and isolated vegetated
wetlands and land under water and the discharge is not to an Outstanding Resource Water.
Real estate subdivisions include divisions where approval is required and where approval is
not required under the Subdivision Control Law, M. G.L. c. 4 1, §8 1 K through 8 1 GG.
Discharges of dredged or fill material to create the real estate subdivision include but are
not limited to the construction of roads, drainage, sidewalks, sewer systems, buildings,
septic systems, wells, and accessory structures.
(4) Activities Exempt under M.G.L. c. 131, §40. Any activity not subject to M.G.L. c. 13 1,
§40 which is subject to 33 U.S.C. 125 1, et seq. and will result in any discharge of dredged
or fill material to bordering vegetated wetlands or land under water.
(5) Routine Maintenance. Routine maintenance of existing channels, such as mosquito
control projects or road drainage maintenance, that will result in the annual loss of more
than 5000 square feet cumulatively of bordering and isolated vegetated wetland and land
under water will be evaluated under the criteria of 314 CMR 9.06. A single application may
be submitted and a single certification may be issued for repeated routine maintenance
activities on an annual or multi-year basis not to exceed five years.
(6) More than 5000 sq. ft. of Isolated Vegetated Wetlands. Any activity in an area not
subject to jurisdiction of M.G.L. c. 13 1, §40 which is subject to 33 U.S.C. 125 1, et seq. (i.e.,
isolated vegetated wetlands) which will result in the loss of more than 5000 square feet
cumulatively of bordering and isolated vegetated wetlands and land under water.
(7) Rare and Endangered Species Habitat in Isolated Vegetated Wetlands. Any activity
resulting in the discharge of dredged or fill material to an isolated vegetated wetland that
has been identified as habitat for rare and endangered species.
(8) Salt Marsh- Any activity resulting in the discharge of dredged or fill material in any salt
marsh.
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(9) Individual 404 Permit. Any activity subject to an individual Section 404 permit by the
Corps of Engineers.
(10) Agricultural Limited Project. Agricultural work, not exempt under M.G.L. c. 13 1, §40,
referenced in and performed in accordance with 3 10 CMR 10.53(5). Provided the activity
does not result in any discharge, of dredged or fill material to an Outstanding Resource
Water, such work will be presumed to meet the criteria of 314 CMR 9.06 where a
comparable alternatives analysis is performed by the Natural Resources Conservation
Service and included in the Notice of Intent.
(11) Discretionary Authority. Any activity where the Department invokes discretionary
authority to require an application based on cumulative effects of activities, cumulative
effects from the discharge of dredged or fill material to bordering or isolated vegetated
wetlands or land'under water, or other impacts that may jeopardize water quality. The
Department will issue a written notice of and statement of reasons for its determination to
invoke this discretionary authority not later than ten business days after its receipt of an
Order of Conditions.
(12) Dredging Greater than 100 c.y. Any dredging or dredged material disposal of more
than 100 cubic yards in navigable waters.
D. Corps Authorization: Individual Permit
Work that is defined in the Individual Permit category on the attached Definition of
Categories sheet or that does not meet the terms and conditions of this general permit will
require an application for an individual permit from the Corps (see 33 CFR Part 325. 1).
The screening procedures outlined above will only serve to delay project review in such
cases. The applicant shall submit the appropriate application materials (including the
Corps application form) at the earliest possible date; general information and application
forms can be obtained at (978) 318-8338, (800) 362-4367, or (800) 343-4789 outside of
Massachusetts. Individual WQC and CZM consistency concurrence are required from the
Commonwealth of Massachusetts before Corps permit issuance.
E. Programmatic General Permit Conditions: The following conditions apply to activities
authorized under the Programmatic General Permit, including all Category I (non -reporting)
and Category II (reporting - requiring screening) activities:
GENERAL REQUIREMENTS:
1. Other Permits: Authorization under this general permit does not obviate the need to
obtain other Federal, state, or local authorizations required by law.
2. Applicability of this general permit shall be evaluated with reference to Federal
jurisdictional boundaries. Applicants are responsible for ensuring that the boundaries
satisfy the Federal criteria defined at 33 CFR 328-329.
3. Minimal Effects. Projects authorized by this general permit shall have minimal
individual and cumulative adverse environmental impacts as determined by the Corps.
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4. Discretionary Authority. Notwithstanding compliance with the terms and conditions
of this permit, the Corps retains discretionary authority to require review for an individual
permit based on concerns for the aquatic environment or for any other factor of the public
interest. This authority is invoked on a case-by-case basis whenever the Corps d etermines
that the potential consequences of the proposal warrant individual permit review based on
the concerns stated above. This authority may be invoked for projects with cumulative
environmental impacts that are more than minimal or if there is a special resource or
concern associated with a particular project that is not already covered by the remaining
conditions of the PGP that warrants greater review.
Whenever the Corps notifies an applicant that an individual permit may be required,
authorization under this general permit is voided and no work may be conducted until the
individual Corps permit is obtained or until the Corps notifies the applicant that further
review has demonstrated that the work may proceed under this general permit.
5. Single and Complete Projects. This general permit shall not be used for piecemeal
work and shall be applied to single and complete projects. All components of a single
project shall be treated together as constituting one single and complete project and/or all
planned phases of a multi -phased project. This does not apply to linear projects, such as
power lines or pipelines, with multiple, separate, and distinct waterway or wetland
crossings, where each crossing may be reviewed for Category I eligibility. If any crossing
requires a Category II activity, then the entire linear project shall be reviewed as one project
under Category II. This general permit shall not be used for any activity that is part of an
overall project for which an individual permit is required.
NATIONAL CONCERNS:
6. Historic Properties. Any activity authorized by this general permit shall comply with
Section 106 of the National Hfstoric Preservation Act. Information on the location and
existence of historic resources can be obtained from the Massachusetts Historic
Preservation Officer, the National Register of Historic Places, the Wampanoagan Tribal
Historic Preservation Officer, and the Narragansett Indian Tribal Historic Preservation
Officer. See page 13 for historic properties contacts and geographic areas of concern for
each. If the permittee, during construction of work authorized herein, encounters a
previously unidentified archaeological or other cultural resource within the area subject to
Department of the Army jurisdiction that might be eligible for listing in the National
Register of Historic Places, he/she shall immediately notify the District Engineer.
7. National Lands. Activities authorized by this general permit shall not impinge upon the
value of any National Wildlife Refuge, National Forest, National Marine Sanctuary (e.g.
Stellwagen Bank) or any area administered by the National Park Service (e.g. Cape Cod
National Seashore).
8. Endangered Species. No activity authorized under this general permit may affect a
threatened or endangered species or a species proposed for such designation, as identified
under the Federal Endangered Species Act (ESA), which is likely to destroy or adversely
modify the critical habitat of such species, which would result in a "take" of any threatened
or endangered species of fish or wildlife, or which would result in any other violation of
Section 9 of the ESA protecting threatened or endangered species of plants. Applicants
shall notify the Corps if any listed species or critical habitat is in the vicinity of the project
and shall not begin work until notified by the district engineer that the requirements of the
7
ESA have been satisfied and that the activity is authorized. Information on the location of
threatened and endangered species and their critical habitat can be obtained from the U.S.
Fish and Wildlife Service and National Marine Fisheries Service (addresses listed on page
13).
9. Essential Fish Habitat. As part of the PGP screening process, the Corps will coordinate
with the National Marine Fisheries Service (NMFS) in accordance with the 1996
amendments to the Magnuson -Stevens Fishery and Conservation Management Act to
protect and conserve the habitat of marine, estuarine and anadromous finfish, mollusks,
and crustaceans. This habitat is termed "essential fish habitat (EFH)", and is broadly
defined to include "those waters and substrate necessary to fish for spawning, breeding,
feeding, or growth to maturity." Applicants may be required to describe and identify
potential impacts to EFH. Any work in streams in the Connecticut and Merrimack River
watersheds that are stocked with Atlantic salmon (see attached lists) shall not be
authorized under Category I of the MAPGP and must be screened for potential impacts to
EFH. Conservation recommendations made by NMFS will normally be included as a permit
requirement by the Corps. Information on the location of EFH can be obtained from the
NMFS (50 CFR Part 600)(address listed on page 13).
10. Wild and Scenic Rivers. Any activity that occurs in a component of, or within 0.25
mile up or downstream of the main stem or tributaries of a segment of, or that has the
potential to alter flows within a river within the National Wild and Scenic River System
must be reviewed by the Corps under the procedures of Category II of.this general permit
regardless of size of impact. This condition applies to both designated wild and scenic
rivers and rivers officially designated by Congress as study rivers for possible inclusion
while such rivers are in official study status. The Corps will consult with the National Park
Service (NPS) with regard to potential impacts of the proposed work on the resource values
of the wild and scenic river. The culmination of this coordination will be a determination by
the NPS and the Corps that the work: (1) may proceed as proposed; (2) may proceed with
recommended conditions; or (3) could pose a direct and adverse effect on the resource
values of the river and an individual permit is required. If preapplication consultation
between the applicant and the NPS has occurred whereby NPS has made a determination
that the proposed project is appropriate for authorization under this PGP (with respect to
Wild and Scenic River issues), this determination should be furnished to the Corps with
submission of the application.
National Wild and Scenic Rivers System segments for Massachusetts as of December
1999, include: Sudbury/Assabet/ Concord Rivers as follows: the Sudbury from the
Danforth Street bridge in Framingham downstream to the confluence with the Assabet, the
Assabet from 1,000 feet below the Damon Mill Dam downstream to the confluence with the
Sudbury, and the Concord from the confluence of the Sudbury and Assabet downstream to
the Route 3 bridge in Billerica; and Westfield River as follows: East Branch from the
Cummington/Windsor, MA, town line downstream to 0.8 mile upstream of the confluence
with Holly Brook, the Middle Branch from the Peru /Worthington, MA, town line
downstream to the confluence with Kinne Brook, and 0.4 mile of the Glendale Brook
tributary from Clark Wright Road bridge to the confluence with the Middle Branch, and the
West Branch from the railroad bridge 2,000 feet downstream of Becket Village in Becket,
MA, downstream to the Chester/ Huntington, MA, town line.
L-01
11. Federal Navigation Project. Any structure or work that extends closer to the
horizontal limits of any Corps navigation project than a distance of three times the project's
authorized depth (see attached map for locations of these projects) shall be subject to
removal at the owner's expense prior to any future Corps dredging or the performance of
periodic hydrographic surveys.
12. Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following: (a) damages to the permitted project or uses thereof as a
result of other permitted or unpermitted activities or from natural causes; (b) damages to
the permitted project or uses thereof as a result of current or future activities undertaken
by or on behalf of the United States in the public interest; (c) damages to persons, property,
or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit; (d) design or construction deficiencies associated with the
permitted work; (e) damage claims associated with any future modification, suspension, or
revocation of this permit.
13. Navigation. There shall be no unreasonable interference with navigation by the
existence or use of the activity authorized herein, and no attempt shall be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the activity authorized herein.
MINIMIZATION OF ENVIRONMENTAL IMPACTS:
14. Minimization. Discharges of dredged or fill material into waters of the United States
shall be avoided and minimized to the maximum extent practicable.
15. Work in Wetlands. Heavy equipment working in wetlands shall be avoided if possible,
and if required shall be placed on mats to minimize soil and vegetation disturbance.
Disturbed areas in wetlands shall be restored to preconstruction contours upon completion
ofthe work.
16. Temporary Fill. Temporary fill in waters and wetlands authorized by this general
permit (e.g. access roads, cofferdams) shall be properly stabilized during use to prevent
erosion. Temporary fill in wetlands shall be placed on geotextile fabric laid on existing
wetland grade. Temporary fills shall be disposed of at an upland site, suitably contained to
prevent erosion and transport to a waterway or wetland. Temporary fill areas shall be
restored to their approximate original elevations, but not higher. No temporary fill shall be
placed in waters and/or wetlands unless specifically authorized by the Corps.
17. Coastal Bank Stabilization. Projects involving reconstruction or maintenance of an
existing coastal bank stabilization structure within Corps jurisdiction should be designed to
minimize environmental effects to the maximum extent practicable (includes minimization
of scour, etc.).
18. Sedimentation and Erosion Control. Adequate sedimentation and erosion control
management measures, practices and devices, such as phased constructioril vegetated filter
strips, geotextile silt fences or other devices, shall be installed and properly maintained to
reduce erosion and retain sediment on-site during and after construction. They shall be
capable of preventing erosion, of collecting sediment, suspended, and floating materials,
and of filtering fine sediment. These devices shall be removed upon completion of work and
the disturbed areas shall be stabilized. The sediment collected by these devices shall be
X
removed and placed at an upland location, in a manner that will prevent its later erosion
into a waterway or wetland. All exposed soil and other fills shall be permanently stabilized
at the earliest practicable date.
19. Waterway Crossings. (a) All temporary and permanent crossings of waterbodies shall
be suitably culverted, bridged, or otherwise designed to withstand and to prevent the
restriction of high flows, and so as not to obstruct the movement of aquatic life indigenous
to the waterbody beyond the actual duration of construction. (b) No open trench excavation
shall be allowed in flowing waters. (c) Temporary bridges, culverts, or cofferdams shall be
used for equipment access across streams (note: areas of fill and/or cofferdams must be
included in total waterway/wetlands impacts to determine applicability of this general
permit). (d) For projects that otherwise meet the terms of Category I, in -stream
construction work shall be conducted during the low flow period, July 1 to October I in
any year. Projects that are not to be conducted during that time period are ineligible for
Category I and shall be screened pursuant to Category II, regardless of the waterway and
wetland fill and/or impact area.
20. Discharge of Pollutants. All activities involving any discharge of pollutants into
waters of the United States authorized under this general permit shall be consistent with
the Massachusetts Stormwater Management Policy (as described in "Stormwater
Management, Volume One: Stormwater Policy Handbook," March 1997, or subsequent
versions), applicable water quality standards, effluent limitations, standards of
performance, prohibitions, and pretreatment standards and management practices
established pursuant to the Clean Water Act (33 U.S.C. 125 1), and other applicable state
and local laws. If applicable water quality standards, limitations, etc. are revised or
modified during the term of this permit, the authorized work shall be modified to conform
with these standards within six months of the effective date of such revision or
modification, or within a longer period of time deemed reasonable by the District Engineer
in consultation with the Regional Administrator of the Environmental Protection Agency.
Applicants may presume that State water quality standards are met with issuance of the
WQC.
2 1. Spawning Areas. Discharges in fish and shellfish spawning or nursery areas during
spawning seasons shall be avoided. During all times of year, impacts to these areas shall
be avoided or minimized to the maximum extent practicable.
22. Storage of Seasonal Structures. Coastal structures, such as pier sections and floats,
that are removed from the waterway for a portion of the year shall be stored in an upland
location, located above mean high water and not in tidal wetlands.
23. Environmental Values. The permittee shall make every reasonable effort to carry out
the construction or operation of the work authorized herein in a manner so as to maintain,
as much as practicable, and to minimize any adverse impacts on existing fish, wildlife, and
natural environmental values.
PROCEDURAL CONDITIONS:
24. Inspections. The permittee shall allow the District Engineer or his authorized
representative(s) to make periodic inspections at any time deemed necessary in order to
ensure that the work is being performed in accordance with the terms and conditions of
this permit. The District Engineer may also require post -construction engineering drawings
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for completed work or post -dredging survey drawings for any dredging work. To facilitate
these inspections, the attached work notification form shall be fAiled out and
returned to the Corps for all Category 11 projects.
25. Maintenance. The permittee shall maintain the work or structures authorized herein
in good condition, including maintenance to ensure public safety. This does not include
maintenance of dredging Proiects. Maintenance dredging is subject to the review
thresholds on the attached Definition of Categories sheets, and/or any conditions included
in a written Corps authorization.
26. Property Rights. This permit does not convey any property rights, either in real estate
or material, or any exclusive privileges, nor does it authorize any injury to property or
invasion of rights or any infringement of Federal, State, or local laws or regulations.
27. Modification, Suspension, and Revocation. This permit may be either modified,
suspended, or revoked in whole or in part pursuant to the policies and procedures of 33
CFR 325.7. Any such action shall not be the basis for any claim for damages against the
United States.
28. Restoration. The permittee, upon receipt of a notice of revocation of authorization
under this permit, shall restore the wetland or waterway to its former conditions, without
expense to the United States and as directed by the Secretary of the Army or his authorized
representative. If the permittee fails to comply with such a directive, the Secretary or his
designee may restore the wetland or waterway to its former condition, by contract or
otherwise, and recover the cost from the permittee.
29. Special Conditions. The Corps may independently or at the request of the Federal
resource agencies impose other special conditions on a project authorized pursuant to this
general permit that are determined necessary to minimize adverse environmental effects or
based on any other factor of the public interest. Failure to comply with all conditions of the
authorization ' including special conditions, will constitute a permit violation and may
subject the permittee to criminal, civil, or administrative penalties, or restoration.
30. False or Incomplete Information. If the Corps makes a determination regarding the
eligibility of a project under this permit and subsequently discovers that it has relied on
false, incomplete, or inaccurate information provided by the permittee, then the permit
shall not be valid and the Government may institute appropriate legal proceedings.
3 1. Abandonment. If the permittee decides to abandon the activity authorized under this
general permit, unless such abandonment is merely the transfer of property to a third
party, he/she must restore the area to the satisfaction of the District Engineer.
32. Enforcement ca ses. This general permit does not apply to any existing or proposed
activity in Corps jurisdiction associated with an on-going Corps of Engineers or
Environmental Protection Agency enforcement action, until such time as the enforcement
action is resolved or the Corps and/or EPA determines that the activity may proceed
independently without compromising the enforcement action.
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DURATION OF AUTHORIZATION/ GRANDFATHERING:
33. Duration of Authorization. Activities authorized under this general permit that have
commenced (i.e., are under construction) or are under contract to commence in reliance
upon this authorization will remain authorized provided the activity is completed within
twelve months of the date of the general permit's expiration, modification, or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization in accordance with 33 CFR 325.2(e)(2). Activities
completed under the authorization of the general permit that was in effect at the time the
activity was completed will continue to be authorized by the general permit.
34. Previously Authorized Activities.
(a) Activities which have commenced (i.e., are under construction or are under contract to
commence) prior to the issuance date of this general permit, in reliance upon the terms and
conditions of the non -reporting category of the previous Massachusetts PGP, shall remain
authorized provided the activity is completed within twelve months of the date of issuance
of this general permit or in accordance with a project specific date provided in writing by
the Corps to the permittee, unless discretionary authority has been exercised on a case-by-
case basis to modify, suspend, or revoke the authorization in accordance with Condition 4.
The applicant must be able to document to the Corps satisfaction that the project was
under construction or contract by the appropriate date.
(b) Projects that have received written verification or approval from the Corps, based on
applications made to the Corps prior to issuance of this general permit, for the previous
Massachusetts PGP, Nationwide permits, regional general permits, or letters of permission
shall remain authorized as specified in each authorization.
(c) Activities authorized pursuant to 33 CFR Part 330.3 (activities occurring before certain
dates) are not affected by this general permit.
BRIAN E. OSTERNDORF, COLONEL DATE
CORPS OF ENGINEERS
12
Contacts for Programmatic General Permit:
December 1999
U.S. Army Corps of Engineers Coastal Zone Management
Regulatory Branch 100 Cambridge Street 20th Floor
696 Virginia Road Boston, Massachusetts 02202
Concord, Massachusetts 01742 (617) 626-1200
(978) 318-8335
(800) 343-4789 (ME, VT, NH, RI, CT)
(800) 362-4367 (Massachusetts)
http://www.nae.usace.army.mil/environm/reg1.htm
National Park Service
North Atlantic Region
15 State Street
Boston, MA 02109
(617) 223-5203
Historic Properties:
Massachusetts Historical Commission
The Massachusetts Archives Bldg.
220 Morrissey Boulevard
Boston, Massachusetts 02125
(617) 727-8470
Area of concern: All of MA
Narragansett Indian Tribal
Wampanoagan Tribal Historic
Preservation Officer
20 Black Brook Road
Aquinnah, MA 02535
(508) 645-9265
(508) 645-3790 (fax)
Area of concern: All of MA
Historic Preservation Officer
P.O. Box 700
Wyoming, RI 02898
(401) 539-1190
(401) 539-4217 (fax)
Area of concern: (1) West of Worcester to and including Greenfield; (2) Middleborough
and surrounding towns; (3) Kingston and surrounding towns; (4) and Deer Island
Federal Endangered Species and
Essential Fish Habitat: Federal Endangered Species:
National Marine Fisheries Service U.S. Fish and Wildlife Service
One Blackburn Drive 22 Bridge Street, Unit #1
Gloucester, Massachusetts 01930 Concord, New Hampshire 03301
(978) 281-9300 (603) 225-1411
Massachusetts Department of Environmental Protection (DEP):
DEP Division of Wetlands and Waterways
One Winter Street
Boston, Massachusetts 02108
(617) 292-5695
13
Regional DEP Offices:
DEP-Western Region
Wetlands Protection Program
436 Dwight Street
Springfield, Massachusetts 0 1103
(413) 784-1100
DEP-Central Region
Wetlands Protection Program
627 Main Street
Worcester, Massachusetts 0 1608
(508) 792-7650
IE -11
DEP-Southeast Region
Wetlands Protection Program
20 Riverside Drive, Route 105
Lakeville, Massachusetts 02347
(508) 946-2800
DEP-Northeast Region
Wetlands Protection Program
205 Lowell Street
Wilmington, Massachusetts 01887
(978) 661-7600
PGP WORK START NOTIFICATION FORM
(Minimum Advance Notice: Two Weeks)
MAIL TO: U.S. Army Corps of Engineers, New England District
Regulatory Branch
Policy Analysis/Technical Support Section
696 Virginia Road
Concord, Massachusetts 01742-2751
A Corps of Engineers Permit (No. was issued to
permit authorized
. The
The people (e.g., contractor) listed below will do the work, and they understand the
permit's conditions and limitations.
Name of Person/Firm:
Business Address:
Telephone:
Proposed Work Dates: Start:
Finish:
PERMITTEE'S SIGNATURE:
PRINTED NAME:
PLEASE PRINT OR TYPE
DATE:
TITLE:
FOR USE BY THE CORPS OF ENGINEERS
PM: Submittals Required:
Inspection Recommendation:
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9
ESSENTIAL FISH HABITAT
Any fill in the following Waters of the U.S. in the specified towns must be reviewed
under Category Il of the MAPGP for potential impacts to EFH. Please note that
the mainstems of the Connecticut and Merrimack Rivers are Navigable waters of
the U.S. and any fill in them must be reviewed under Category IL Any questions
on locations should be directed to the Corps.
Connecticut River Watershed
Agawam:
Westfield River
Ashfield:
Bear River
South River to Baptist Corner Road
Athol:
Millers River
Becket:
Depot Brook
Shaker Mill Brook
Walker Brook to Spark Brook
West Branch Westfield River
Yokum Brook to Rudd Pond Brook
Bernardston:
Fall River
Blandford:
Wigwam Brook
Buckland:
Deerfield River
Charlemont:
Chickley River
Cold River
Deerfield to Pelham Brook
North River
Pelham Brook
Chester:
Middle Branch Westfield River
Walker Brook
West Branch Westfield River
Chesterfield:
Child's Brook West Branch
Dead Branch
Tower Brook
Westfield River
Colrain:
North River
East Branch North River
West Branch North River
Green River
Conway:
Bear River
Deerfield River
Poland Brook
South River
Cummington:
Bartlett Brook
Child's Brook West Branch
Meadow Brook
North Branch Swift River to Stage Rd.
Swift River
Westfield Brook
Westfield River
Deerfield:
Deerfield River
Easthampton:
Manhan River to North Branch Manhan
River
North Branch Manhan River
Erving:
Millers River
Florida:
Cold River
Gill:
Fall River
Goshen:
Swift River
Greenfield:
Allen Brook
Deerfield River
Fall River
Green River
Hatfield:
Mill River to West Brook
West Brook
Hawley:
Chickley River to King Brook
Mill Brook to Gorge Hill Rd.
Huntington:
Dead Branch to Westfield River
Little River
Middle Branch Westfield River
Pond Brook to Searle Rd.
Roaring Brook to Mica Mill Rd.
West Branch Westfield River
Westfield River
Leverett:
Sawmill River
Leyden:
Green River
Middlefield:
Factory Brook
Middle Branch Westfield River to Tuttle
Brook
West Branch Westfield River
Montaque:
Millers River
Sawmill River
Montgomery:
Westfield River
Roaring Brook
Northampton:
North Branch Manhan River
Orange:
Millers River
Plainfield:
Bartlett Brook to Prospect St.
Meadow Brook to Gloyd St.
Rome:
Pelham Brook to Rice Brook
Royalston:
Millers River to Birch Hill Dam
Russell:
Bradley Brook
Potash Brook
Stage Brook
Westfield River
Savoy:
Cold River to Black Brook
Westfield River to Griffin Hill Rd.
Shelburne:
Allen Brook
Deerfield River
North River
Shutesbury:
Sawmill River
Southampton:
North Branch Manhan River
Southwick:
Munn Brook
Washington:
Depot Brook to Frost Rd.
Wendell:
Millers River
Westfield:
Little River to Munn Brook
Moose Meadow Brook to Mass Turnpike
Munn Brook
Westfield River
Westhampton:
Dead Branch
North Branch Manhan River to Northwest
Rd.
West Springfield:
Westfield River
Whately:
West Brook to Haydenville Rd
Windsor:
Westfield Brook to East Windsor Rd.
Westfield River
Worthington:
Bronson Brook
Child's Brook West Branch
Little River to Goss Hill Rd.
Middle Branch Westfield River to Tuttle
Brook
Merrimack River Watershed
Pepperell:
Nissitissit River to Nashua River
Nashua River from Nissitissit River to
New Hampshire border
.— , .9
JANE SWIFT
LjeuterlAftt 00vernof
COMMONWF,ALTH OF MASSACHUSEITS
EXECTJTIVE OPFICE OF ENVIRONMENTAL AFFAiRs
DEPARTMENT 0YEIMR0,WMENTAL pROTECTION
Metropolitan Boston – Northeast Regionial Ofrice
BOt DUXAND
Sec"tary
LAUREN LISS
COA=2.iftioner
DEP File# 242-1025
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER NORTH
ANDOVER
DATE., IS August, 2000
The DepatlMent of Enviro=ental Protection has fee . eived a Notice of intent f1le (City/town)
with the Wetlands Protection Act (M-01. c. 13 1. §40), d in accordance
Applicant: RICHMOND REALTY TRUST Owmer:
Address. 451 ANDOVER E Address:
_R M WAX, 61 _845.
Project Locatlow. N
P, " W`0 0 D
STPS&MASSACHUSETTSA
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1F CHECKED, THE FOLLOWING 1TEM(S) APPLY TO THIS NOTICE OF INTENT:
A-LAThis project has been assigned the following f1le #: 242-102'
Although a file # is being issued, please note the following: Nee s alternatives analXsis.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF
SUBMITTALINOT APPROVAL OF APPLICATRON
B-( 2NO file # N�!_Ilbe assigned to this project until the following missing information is sent to
this off1ce' to meet the minimum submittal requirements in accordance with the Wetlands
Protection Regulations at 3 10 CMR 10.00:
1 � ( ) —COPY(s) Of 9 completed Notice Of Intent (Form 3 or Forrn 4 of Sect. 10.99,
Whichever is applicable) and a COPY Of the Fee Transmittal Form, with a jqu of the
ih-t;k for the State's share of the Notice of Intent, filing fee.
2. ( ) —copy(s) O"plans.. caZdations, and other documentation necessary to completely
describe the Proposed work and mitigation meisures to Protect resource,areas.
3, copy($) of an 8.5" X I I" section of the USGS map of the.are , a'
4, COPY(s) of plans showing compliance v4th Title 5 of the State Environmental
Code, 3 10 CMR 15,00. '
5. ( ) Proof that a copy of your Notice of Intent has been mailed or hand delivered to the
Natural Heritage and Endangered Species Prograin.
COMMENTS:
(see page 2 for additional information)
71his 1"formliorl ill A"'Jilobit irk 21ternIft f0fluat by CAllins our ADA Coordin2for at (617) 574.072 ' ,
.2054 Low . ell St, Wilminiton, MA 0 1897 * Phcot (978) 661-7600 . Fax (978) 661-76 15 * TDD.# (978) 661-7679
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C. -C -� Other Regulatory Jurisdiction
L ( 2Application has been forwarded to. Waterways Regulatory Program to determine
if a Chapter 91'License is required
2. Appl icant is advised to forward a COP y of the Notice of Intent to the Corps of
Engineers for review (call 1-800-362-4367 for information).
D. 401 Water Quality Certification
The Project described in your Notice of Intent requires a 401 Water Quality
Certificadon from the Department of Environmental Protection and may require
Submittal of a 401 application fqrm, Se below for further details:
Based upon the illformat
ion submitted in and with your Notice of Intent a
,Separate 401 Water Quality Certification application form Is not required. The
Department has reviewed the plans submitted by the applicant and finds that there is
reasonable assurance that the proje t Or 2ctivity.'Aill beconducted in a manner that will
not violate the Massachusetts S
urface, Water QUalit ty Standards provided that -
a) the aPPlicant receives and complies with a Final Orderof Eonditions from the local
conservation conuhission or the Departnient,,
b) The Order of Conditions does not cause the loss Of more than 5,000sq.ft. of
bordering vegetated wetlands and land under water and/or thedredging of more than
100 cubic yards of land under wmr;
c) any loss of vegetated wetlands has been mitigated with a minim repli< tio of,:,;
and is not part of a subdiv' um �a n
d) The project is not exem 15ion; does not cause the loss of any Wetlands designated as
Pt from the M.G.Lc. 131, §40 -the Wetlands Protection Act;
Outsmnding Resource Waters; and does not cause the loss of any salt marsh.
Therefore, provided that the above conditions are satisfied, the Final Order of Conditions will
serve as the Water Quality Certification for this project This does not relieve the applicant of
the duty to COMPlY With any other statutes or regulations.
2.( Before the activitY described in the Notice of Intent can comme
,nee, YOU must
obtain a Water Quality Certification form from this Pegional office, Please complete
the enclosed 401 Water Quality Certmeation application form and file it with this
Regi0ft4l Offlice f*r review.
3-( Your PrOjOct inv0l%res dredging Of greater than
, Federal Energy Regulat ry Co ission for work in (4wate
requires a permit:from the 100 cubic Yards Of material or
the Commonwealth.,, 0 mm
rs of
Therefore, Your proposed Project is subject to 314 CMR 9.00 and
requires a Water Quality Certification, Please complete the enclosed 401 Water
Quality Certification applioation form and file it with the Department of
Eri'viroribaental Protection,.Wat'erways -Program, and One Winter Street, Boston,
MA 02108. Contact the Division of Waterways program at
and questions. 617-292-5655 if you have
For more information please contact: Mr. DAVE KENNEDY at 978- 661-7600.
CC: Conservation Commission
)Owner U -S, Anny Carp$ of Engn.Ars
) DEP- Water Pollution Control Coastal Zone Manazernen't
) Representative: )Other
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