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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 F:INew-DocslRiverbend Crossing Dev., LL002-306 Rosewood Const -Green & Kenwood StslGriffin-Ltr 11-1-02.doc N O V 0 5 2002 'yy CD o DO CD CD a O � O 0 to NOV-08-2002 '15:41 CAPITAL GROUP PROPERTIES I �l CAPITAL, GROUP i PROPERTIES 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: P .�'vRj2s'S 44.. ,sd5C INoKTN AAoyLrQ, MR .,. • s�AC1iU5��.. APPLICANT: 441 bt5,•i►+c. `RE:iVL*ILi `!eo''�a�iuC4 1�6yEZoPIrIEN%LCC 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 # - - ..� .���.�,��. �. rw orme above. Conservation De artment of Public Works... Planning Historical Commission I S Foundation Plan S Plumbing Plans_ 2 3 Subsurface investigation /o 5 Certified Plot Plan with ro osed structure Construction. Plans- /0 5 116 Affidavit G 5 1 Mechanical Plans and or details Plans Stamped by proper discipline -916 Electrical. Plans,and or details __L1 / Framing Plan L 5 Fire Sprinkler and Alarm Plan f 3 Roofin Plan FootingPlan Plans to scale 7 S Utilities IS 5 Site Plan 6 S Water Supply I L S Sewa a Disposal_ .. Waste Disposal 25 Drivewa Ent R DPW 5 ADA and or ABBA re uirements A. S .. ;, t io ( 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 r -- A Ive The -following narrative IV r6vided td the reasons for denial for 'the, b"g erm p Pr o j* itfor the p Per n j -In�o Town of North --Andover Building Department 27 CHARLES ST.. 978-688-9545 Project: �rY� C2oSs f�' '3�ctYe�eu� sr�T- •, .,,.,, • No4T�1 AI.�+ho1fL*�Q� MR �cttuse'� } APPLICANT: sySTeL•44' "11.A"+Llbt-M, . RE:i Ceo��u¢ A6YEZoPIylE1W, LLC DATE:m eET�- . 2;3j ?r6P0?_ P 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 — S4 AANtL Revised 9157 jm The following narrative iOit"vided the reasons for denial for the buifdtng PeMit.forthe Prope'gyindicated on . , , Town of North, -Andover Building Department 27 CHARLES ST . 978-688-9545 Project: iso � ss. sr�T i,v4TH At�o�*Q MR • .. S�CHUS� 4 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_ —n4 M L -- Revised 9197]m ••.•,• ��Gr�cYY I�Idfrarlvrs �. _.. ,.��. ,�.: ''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 LAWRENCE, fAA-143 A TRUE COPY: ATTER": ivil/Decisions2001/4 0(i 41�z .ti(1.;:.:., REGISTER OF DEED Re�jistry of Deeds Horther�n lhstr-•ict of Essex Catinty t f Re�jistry of Deeds Horther�n lhstr-•ict of Essex Catinty Lawrence, MA 0:1 840 U3/Ufa/U2 ' , SE AN At 10303 C. P ''S 0.00 COPies* 2Z,50 11 • 10 Type DEC.,!! MIN ies On 75 'Total 290.25 Ched, 290.25 THO.{{{ Ofit! Mot1as j.. Burke Regi, -t:ei:: of Deeds a 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. 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Cf) U C }~ 41 U C U v U O v f=. w U t%] w cd� C 0 ,U- W W O W z .a w U au 00 N +j c� 4, G.0 .> U C O O E w O oc� O v � E, -"mw 4w p 4 O 0 bCd41y o o�C�, c� a o w c0 b0 .0 U W 'U v o� o a0i �x �' o ,o > d °� ;J „ 0 ° 0 41� � o k)4J� V � � U ca � 0 0' .0 w b i o. 43 oCd Q 0 cd cO o -c� 00 a) '0'0'4-1 ° U U A co 4 cd 'C w N U •" 'M o -0 cd o vi a.41 In In w � U o C 4Cy Cj a� 4J 0 41 c 0 M .0 S �. � O y cwt; +JG7� o 4� td i •0a0i a ;bn 0 � c0. �" � •� 0 � � � `' 0 m 4�O 41 4-1 b v��' 0 o �m U r+ Z .0'0 Cd 0 41 cd .:: ;1 0 p 0 W U a ci a 0 .j 4, a U 01 cd (Z ,�, � >vj 'C too to, 0 °�� w 4 w0 4J b -4M 4� ° 1 o m Ute' o 0Z 04a to o � O p.G��•O-.ado 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); 2 (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 3 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 11 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. 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. 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. rel 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 10 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. 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/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 . 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Q "o 0 cd 41 t j6 0 0 4-1 V o 0 0 'o z 4J 4) bD C.) 0 (a 4) Cy U ri .- .- :3 > >) o o cd v tkO 4� k) V o cd o .0 0 'ja 0 4-1 0 X 41 Q 0 W 4� .0 o 0 0 41 Cd 0 OV U) (t +5 6 0 0� > Cd V bo 41 0 u 0 Cd W 0 0 V 0 U 00 0 4J (4, 0 0 4J 4J 0 0 4� V) 0 o o 4J 0 4j bO 9.20,U01, -0 4J 4� cd o 4� co U w V r4 Cd cqd) w a — > 4) 41 ca M +a > 0 V 4>1 W 0 V) -0 .42 u go UJ co w >I -8 0 91 10 �t o t-- U 0 U 04'0 U X co > w w I �t i� a. co 41 v 4J W .4 4d 0 10,12., 0'. 4w o Cd cd 41 0 ri) W v 0 U 0 10 A 0 w m 0 > N 00 00 4 m '1- 2 V) �D -0 � 00 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 ----------- 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 0 pm� an Aw,"d Few 'Cd F,'5VE ?,?E 60.9 AS3?Jd -,X3NV-11E3M NOb-4 Nvos:et teoz_e�,_L[ 9 z6ve Zge cog W0JJ VO:l.l. LO—OZ—AON POAI0008 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 E. 'd i�,5VE �,8E E09 A63bd SONV-113M HOb-3 NVOS: 0 1. 1. 33Z;-oe,- 1. [ a5ed 0 1- Z6VC eVC C09 wojj VO:�t LO—OZ—AON POA18008