ARMY CORPS OF ENGINEERS GENERAL PERMIT & PERMIT No. NAE-2021-01342 - DOCUMENT A00831 - A00831
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Massachusetts Department Of Transportation Highway Division
Proposal No. 608647-116251
DOCUMENT A00831
ARMY CORPS OF ENGINEERS
GENERAL PERMIT &
PERMIT No. NAE-2021-01342
A00831 - 1Massachusetts Department Of Transportation Highway Division
Proposal No. 608647-116251
*** THIS PAGE IS INTENTIONALLY LEFT BLANK ***
A00831 - 2Proposal No. 608647-116251
DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
NEW ENGLAND DISTRICT
696 VIRGINIA ROAD
CONCORD MA 01742-2751
August 19, 2021
Regulatory Division
File No. NAE-2021-01342
Melissa Lenker
Massachusetts Department of Transportation – Highway Division
Boston, Massachusetts 02116
(via email: melissa.lenker@dot.state.ma.us)
Dear Ms. Lenker:
We have reviewed your application to permanently discharge 355 square feet of fill material
below the Ordinary High Water (OHW) mark of Center Brook associated with the replacement
of the bridge conveying Center Road over Center Brook in Savoy, Massachusetts. The existing
bridge superstructure will be replaced while the existing abutments will be retained and repaired
in place. Rip-rap overtopped with 1’ of natural material will be placed at the southern abutment
to provide scour protection. The project also includes 380 square feet of temporary impacts
below the OHW mark of Center Brook associated with construction access and dewatering
behind cofferdams, and the removal of a portion of a sediment bar immediately upstream from
the bridge in order to reduce energy at the abutments. Sediment removed from the bar will be
used to fill voids in the rip-rap at the southern abutment. The work is shown on the enclosed
plans titled “SAVOY CENTER ROAD OVER CENTER BROOK”, on seven sheets, and dated
“04-30-2021”.
Based on the information that you have provided, we verify that the activity is authorized
under General Permit # 10 of the enclosed April 16, 2018 Federal permit known as the
Massachusetts General Permits (GPs).
Please review the enclosed GPs carefully, including the general conditions beginning on
page 19, to be sure that you and whoever does the work understand its requirements. A copy of
the GPs and this verification letter shall be available at the project site throughout the time the
work is underway. Performing work within our jurisdiction that is not specifically authorized by
this determination or failing to comply with any special condition(s) provided below or all of the
terms and conditions of the GPs may subject you to the enforcement provisions of our
regulations. You must perform this work in compliance with the terms and conditions of the
GPs, and also in compliance with the following special conditions:
1. You must maintain the activity authorized herein in good condition and in conformance
with the terms and conditions of this authorization. You are not relieved of this requirement if
you abandon the permitted activity, although you may make a good faith transfer to a third party
in compliance with General Condition 37 on page 32 of the GPs. Should you wish to cease to
A00831 - 3Proposal No. 608647-116251
-2-
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this authorization from this office, which may require
restoration of the area.
2. Your application indicates 1 acre of tree clearing will occur as part of this project. If
additional trees will be removed, you must notify this office in advance so we may reinitiate
consultation regarding the northern long-eared bat.
3. Removal of material from the sediment bar and placement of this material for use in
streambed restoration over the rip-rap shall be overseen by a fluvial geomorphologist.
4. A conditioned Water Quality Certification (WQC) has been issued by the Massachusetts
Department of Environmental Protection for your project and is attached. You must comply
with the conditions specified in the WQC.
This authorization requires you to complete and return the enclosed Work Start Notification
Form to this office at least two weeks before the anticipated starting date. You must also
complete and return the enclosed Compliance Certification Form within one month following the
completion of the authorized work.
This authorization presumes that the work as described above and as shown on your plans
noted above is in waters of the U.S.
This authorization expires on April 5, 2023. You must commence or be under contract to
commence the work authorized herein by April 5, 2023, and complete the work by April 5, 2024.
If not, you must contact this office to determine the need for further authorization before
beginning or continuing the activity. We recommend that you contact us before this authorization
expires to discuss reissuance. Please contact us immediately if you change the plans or
construction methods for work within our jurisdiction. We must approve any changes before you
undertake them.
This authorization does not obviate the need to obtain other Federal, State, or local
authorizations required by law.
We continually strive to improve our customer service. In order for us to better serve you, we
would appreciate your completing our Customer Service Survey located at
https://regulatory.ops.usace.army.mil/customer-service-survey.
A00831 - 4Proposal No. 608647-116251
-3-
Please contact Dan Vasconcelos, of my staff, at (978) 318-8653 if you have any questions.
Sincerely,
Tammy Turley
Chief, Regulatory Division
Enclosures
cc:
Ed Reiner, U.S. EPA, Region 1, Boston, Massachusetts; reiner.ed@epa.gov
David Simmons, USFWS; david_simmons@fws.gov
Andrew Petitdemange; NPS PWSR; Andrew_Petit_de_Mange@nps.gov
Heidi Davis, MassDEP, Boston, Massachusetts, heidi.davis@state.ma.us
Tyler Lewis, MassDEP, Boston, Massachusetts, Tyler.Lewis@mass.gov
MassDEP-WRP, Boston, Massachusetts; dep.waterways@mass.gov
David Robinson, Massachusetts Board of Underwater Archaeological Resources (BUAR);
david.s.robinson@mass.gov
Conservation Commission, Savoy, Massachusetts; townofsavoy720@gmail.com
Timothy Dexter, MassDOT – Highway Division, Boston, Massachusetts,
timothy.dexter@state.ma.us
David Goldstein, MassDOT – Highway Division, Boston, Massachusetts,
david.goldstein@state.ma.us
A00831 - 5Proposal No. 608647-116251
A00831 - 3SAVOY
CENTER ROAD OVER CENTER BROOK
SHEET TOTAL
STATE FED. AID PROJ. NO.
NO. SHEETS
N MA -- 2 7
PROJECT FILE NO. 608647
ENVIRONMENTAL PERMIT PLANS
Plotted on 23-Jun-2021 9:19 AM
04-30-2021
LANDSCAPE PLANS
10
4 PLANT LIST
4+ SYM QTY SPECIES SIZE NOTES
00
TREES
NAD 83
COMPOST BLANKET
& NATIVE SEEDING (TYP)
PR
C
+4
6.2
0
PT 10
5
608647_SAVOY_LANDSCAPE75_ENV COPY.DWG
+8
6.9
2 PLANTS MIN.
12 FT FROM
5
.0'
ROADWAY
12
PRC
SHRUBS
+0
5.7
5
10 COMPOST FILTER TUBE LOCATED
6
IF AND WHERE NECESSARY TO STABILIZE
BANK UNTIL SEEDING ESTABLISHES
PC
PT +2 PCC +78.74
+7 0.0
0.9
7 0
6
SHRUBS WEST SIDE
10
7
LANDSCAPE NOTES
COMPOST FILTER TUBE LOCATED
IF AND WHERE NECESSARY TO STABILIZE COMPOST FILTER TUBES
7
BANK UNTIL SEEDING ESTABLISHES 1. COMPOST FILTER TUBES SHOWN ON LANDSCAPE PLAN SHALL BE
PC LEFT TO DEGRADE OVER TIME AND THEREFORE FABRIC MUST BE
A00831 - 4
+0 COMPRISED OF 100% BIODEGRADABLE MATERIALS - BURLAP,
2.7
SHRUBS 6 COTTON, HEMP, ETC. PHOTO-BIODEGRADABLE FABRIC WILL NOT BE
ACCEPTED.
Aronia melanocarpa 2. USE SHALL BE IF AND WHERE NEEDED AND AS APPROVED BY THE
Salix discolor ENGINEER. PLACEMENT SHALL BE WHERE MOST EFFECTIVE TO
Betula populifolia SHRUBS EAST SIDE REDUCE POTENTIAL EROSION OF SLOPES UNTIL VEGETATION
Cornus racemosa
PCC +95.62 ESTABLISHES.
Cornus sericea
PC
C
Viburnum dentatum PLANTING
+5
5.
1. CONTRACTOR SHALL HAVE ALL SUBSURFACE UTILITIES MARKED
07
Compost Blanket & PRIOR TO THE START OF WORK.
Proposal No. 608647-116251
Amelanchier canadensis Mid-Height Grassland Mix 2. PLANT LOCATIONS ARE SCHEMATIC FOR QUANTITY ONLY. FINAL
LOCATIONS WILL BE AS DIRECTED BY THE MASSDOT LANDSCAPE
Compost Blanket & 10
8
LEGEND Wetland Meadow Mix (Approx. Area) ARCHITECT TO ACCOMMODATE AS-BUILT CONDITIONS.
8 3. ALL PLANT MATERIAL WILL HAVE TAGS INDICATING COMMON NAME,
TREES SHRUBS BOTANICAL NAME, & SIZE. NO CULTIVARS SHALL BE APPROVED.
4. IMMEDIATELY AFTER ACCEPTANCE OF PLANTING, TAGS AND RIBBONS
Acer rubrum Aronia melanocarpa SHALL BE REMOVED.
Salix discolor 5. ALL PLANTS WILL BE MULCHED PER PLANS AND SPECIFICATIONS.
Betula populifolia Cornus racemosa 6. PLANTED AREA WILL BE WEED-WHACKED IF NECESSARY FOR PLANT
Cornus sericea ESTABLISHMENT.
Betula lutea 7. PLANTS AND PLANTING BEDS SHALL BE THOROUGHLY WATERED AS
Betula lenta Viburnum dentatum NECESSARY AND PER SPECIFICATIONS.
strobus
DROWNEDPinus L AND Compost Blanket & SEEDING & COMPOST BLANKET
Amelanchier canadensis Mid-Height Grassland Mix 1. COMPOST BLANKET AND SEEDING SHALL OCCUR AFTER PLANTING.
BR
PT
OO Compost Blanket & 2. SEED SHALL BE HAND BROADCAST IN CONJUNCTION WITH
+4
K Wetland Meadow Mix (Approx. Area) PCC +95.62 APPLICATION OF COMPOST BLANKET AS SPECIFIED IN THE SPECIAL
9.0
PROVISIONS.
5
3. AREAS SHOWN FOR WETLAND SEED MIX ARE APPROXIMATE. MIX
SHALL BE USED FOR MOIST SOILS WHERE REQUIRED.
PT +77.69 4. SEED RATES SHALL BE INCREASED WHEN SEEDING OUT OF SEASON
OR WHEN APPLIED AFTER COMPOST BLANKET HAS BEEN APPLIED AS
SPECIFIED IN THE SPECIAL PROVISIONS.
109
9
W
ES
TFI
0 20 50 100 EL
D
SCALE: 1" = 20'SAVOY
CENTER ROAD OVER CENTER BROOK
SHEET TOTAL
STATE FED. AID PROJ. NO.
NO. SHEETS
MA -- 3
17 7
54
PROJECT FILE NO. 608647
WATER BY FLOODING TWICE IN FIRST TWO HOURS AFTER PLANTING. ADJUST SHRUBS SO THAT BOTTOM DO NOT CUT LEADER ENVIRONMENTAL PERMIT PLANS
WATER & MAINTAIN AS PER STANDARD SPECIFICATIONS OF FOLIAGE IS EVENLY SPACED 04-30-2021
Plotted on 20-Apr-2021 3:28 PM
TREE WRAP SHALL NOT BE USED
ABOVE THE GROUND LANDSCAPE DETAILS
SHRUB SHOULD BE PLANTED SO THAT CROWN IS TREE SHALL BE SET PLUMB
SLIGHTLY ABOVE FINISHED GRADE AFTER SETTLEMENT 2-3 INCH DEPTH AGED PINE BARK MULCH (PULL
AWAY FROM BASE OF SHRUB) WATERING SAUCER SHALL BE FLOODED TWICE
DURING THE FIRST 24 HOURS AFTER PLANTING
BACKFILL MIX PER SPECIFICIATIONS
REMOVE EXCESS SOIL TO EXPOSE ROOT FLARE
SL LOOSE OR CRACKED ROOTBALLS WILL NOT BE ROOT FLARE SHOULD BE SLIGHTLY ABOVE
OP
EV
AR ACCEPTED FOR PLANTING
IES 1V:1H SLOPE
MAX. 3 INCHES AGED PINE BARK MULCH (PULL MULCH AWAY
3 INCH HIGH EARTH WATERING SAUCER FROM TRUNK OF TREE)
AROUND TREE PIT BACKFILL MIX PER SPECIFICATIONS
3 INCH HIGH EARTH WATERING SAUCER AROUND TREE PIT
608647_SAVOY_LANDSCAPE75.DWG
REMOVE SYNTHETIC BURLAP AND LACING. CUT & ROLL BACK 1/3 OF BURLAP BEFORE BACKFILLING.
FOR CONTAINERIZED PLANTS, REMOVE COMPLETELY REMOVE SYNTHETIC BURLAP & LACING
CONTAINER PRIOR TO PLANTING. SCORE SIDES OF
CUT & REMOVE WIRE BASKET SIDES
ROOTBALL AND LOOSEN ROOTS
6 INCHES
EXISTING SUBSOIL BELOW
SL ROOTBALL ROOTBALL SHALL BE PLACED ON EXISTING SUBSOIL
OP
EV
AR
IES ROOTBALL
3 X ROOTBALL MIN. 2 X ROOTBALL DIAMETER
SPACING VARIES
CL -SEE PLANS CL
CONTAINERIZED SHRUB PLANTING (SLOPE) DETAIL DECIDUOUS TREE PLANTING
NOT TO SCALE NOT TO SCALE
A00831 - 5
WATERING SAUCER SHALL BE FLOODED TWICE REMOVE EXCESS SOIL TO EXPOSE ROOT FLARE WATERING SAUCER SHALL BE FLOODED TWICE REMOVE EXCESS SOIL TO EXPOSE ROOT FLARE
DURING THE FIRST 24 HOURS AFTER PLANTING DURING THE FIRST 24 HOURS AFTER PLANTING
ROOT FLARE SHOULD BE SLIGHTLY ABOVE ROOT FLARE SHOULD BE SLIGHTLY ABOVE
FINISHED GRADE AFTER SETTLEMENT DO NOT CUT LEADER FINISHED GRADE AFTER SETTLEMENT
DO NOT CUT LEADER
TREE WRAP SHALL NOT BE USED TREE SHALL BE SET PLUMB
TREE SHALL BE SET PLUMB
SL 1V
Proposal No. 608647-116251
OPE :2HS
VA 3 INCHES AGED PINE BARK MULCH (PULL MULCH AWAY LO 3 INCHES AGED PINE BARK MULCH (PULL MULCH AWAY
RIE PE
S FROM TRUNK OF TREE) FROM TRUNK OF TREE)
1V
:1
1V
H
:1H
SL
3 INCH HIGH EARTH WATERING SAUCER AROUND TREE PIT 3 INCH HIGH EARTH WATERING SAUCER AROUND TREE PIT
O
SL
O
PE
PE
M
CUT & ROLL BACK 1/3 OF BURLAP BEFORE BACKFILLING. M CUT & ROLL BACK 1/3 OF BURLAP BEFORE BACKFILLING.
AX
.
COMPLETELY REMOVE SYNTHETIC BURLAP & LACING AX COMPLETELY REMOVE SYNTHETIC BURLAP & LACING
.
CUT & REMOVE WIRE BASKET SIDES 1V CUT & REMOVE WIRE BASKET SIDES
:1
H
CUT AND REMOVE WIRE BASKET SIDES SL CUT AND REMOVE WIRE BASKET SIDES
O
PE
M
AX
EXCAVATE PLANTING PIT TO . EXCAVATE PLANTING PIT TO
BACKFILL MIX PER SPECIFICATIONS BACKFILL MIX PER SPECIFICATIONS
DEPTH OF ROOT BALL DEPTH OF ROOT BALL
ROOTBALL ROOTBALL
SL 1V
OPE :2H
S
MIN. 2 X ROOTBALL DIAMETER
VA
RIE MIN. 2 X ROOTBALL DIAMETER LO
PE
S
DECIDUOUS TREE PLANTING (SLOPE) EVERGREEN TREE PLANTING (SLOPE)
NOT TO SCALE NOT TO SCALESAVOY
LIMIT OF GRADING CENTER ROAD OVER CENTER BROOK
SEDIMENT CONTROL BARRIER NOTES:
SHEET TOTAL
STATE FED. AID PROJ. NO.
4" LOAM & SEED NO. SHEETS
1. TUBES FOR SEDIMENT CONTROL BARRIER SHALL BE JUTE MESH OR APPROVED
MA -- 4
18 7
54
BIODEGRADABLE MATERIAL. ADDITIONAL TUBES SHALL BE USED AT THE DISCRETION OF
THE ENGINEER. PROJECT FILE NO. 608647
2. TAMP TUBES IN PLACE TO ENSURE GOOD CONTACT WITH THE SOIL SURFACE. IT IS NOT
PROP. GRANITE CURB,
NECESSARY TO TRENCH TUBES INTO EXISTING GRADE. ENVIRONMENTAL PERMIT PLANS
TYPE VA-4 3. WHEN STAKING IS NOT POSSIBLE, SUCH AS WHEN TUBES MUST BE PLACED ON PAVEMENT, 04-30-2021
Plotted on 20-Apr-2021 3:29 PM
A
HEAVY CONCRETE OR CINDER BLOCKS CAN BE USED BEHIND TUBES UP TO 5 FT. APART OR CONSTRUCTION DETAILS
AS REQUIRED TO SECURE TUBES IN PLACE.
4. PROVIDE A 3 FT. MIN. OVERLAP AT ENDS OF TUBES TO JOIN IN A CONTINUOUS BARRIER
AND MINIMIZE UNIMPEDED FLOW.
5. STAGE JOINING TUBES SNUGLY AGAINST EACH OTHER TO PREVENT UNFILTERED FLOW
BETWEEN THEM.
2.00'
6. SECURE ENDS OF TUBES WITH STAKES SPACED 18 IN. APART THROUGH TOPS OF TUBES.
1.50'
A 1" x 1" x 4'
SILT FENCE
GRANITE COBBLESTONE, HAND LAID HARDWOOD STAKE
(TIGHTLY WOVEN
608647_HD(CONSTR DETAILS).DWG
TO FORM STONE SWALE, 1" APPROX. GRATE GEOTEXTILE)
PROP. PVMT.
SPACING BETWEEN STONES
MILLING MULCH
12" DIA.
INSTALLED
AREA OF SOIL
DISTURBANCE
FLOW
GRATE
FLOW FLOW PROTECTED ZONE
SURFACE
PAVED
SURFA P AVED
CE
PROP. GUARDRAIL,
BOTTOM OF SILT FENCE TO
TL-2 BE BURIED A MIN. OF 4"
DEEP IN TRENCH. TRENCH
PLAN SHALL BE BACKFILLED AND
COMPACTED.
SECTION
INSTALL FILTER FABRIC SEDIMENT CONTROL AND TURTLE BARRIER
COMPOST FILTER TUBE SILT SACK
SEE DETAIL BELOW NOT TO SCALE
CATCH
BASIN
EXIST. GROUND 4" LOAM & SEED
SECTION
EXISTING
TREE
PROP. GRANITE CURB, TYPE VA-4
3" ± CATCH BASIN WITH SILT SACK PROTECTION
4:1 NOT TO SCALE
8" REVEAL
ROUND TO MEET EXISTING PROP. GRANITE COBBLESTONE
MIN. 3 FT OVERLAP
FLOW FOR CONTINUOUS
1.5"
WHERE SPECIFIED ON CONSTRUCTION BARRIER.
PLANS OR AS REQUIRED
A00831 - 6
1.50'
4.5"
JUTE MESH WHERE PROTECTED ZONE
DIRECTED BY THE 4.5" PROP. PAVEMENT MILLING MULCH CURVE ENDS
ENGINEER UPHILL
1.5"
HARDWOOD STAKES PLACED
0.50'
MIN 6" CRUSHED STONE BELOW OUTSIDE OF TUBES OR PER
GRANITE BLOCK MEETING M2.01.4 MANUFACTURERS' INSTRUCTION
0.50'
APPROX. CEMENT
CONCRETE LIMITS PLACE TUBE AS CLOSE TO LIMIT OF SOIL DISTURBANCE
AS POSSIBLE, ALONG CONTOURS, AND PERPENDICULAR
Proposal No. 608647-116251
FLOW TO FLOW.
SECTION A-A ADJUST LOCATION AS REQUIRED FOR OPTIMUM
EFFECTIVENESS. DO NOT INSTALL IN WATERWAYS.
PROTECTED ZONE PLAN VIEW
GRANITE STONE WATERWAY
NOT TO SCALE
PLAN VIEW
1" X 1" X 4' HARDWOOD STAKES
BIODEGRADABLE
STAKE A MIN. OF EVERY 5 FEET TO FABRIC
SECURE TUBE OR PER
MANUFACTURERS' INSTRUCTION FOR SLOPES 3:1 OR AS
NECESSARY, STAKE OR
AREA OF SOIL
OTHERWISE SUPPORT TUBES
DISTURBANCE FLOW (I.E., TREES, CINDER BLOCKS)
FLOW
AREA OF SOIL
ENSURE FIRM CONTACT WITH
DISTURBANCE GROUND TO PREVENT FLOW
PROTECTED ZONE
UNDERNEATH TUBES
PROTECTED ZONE
*9 INCH MAY BE USED FOR FLATTER SURFACES
WITH APPROVAL FROM ENGINEER
SECTION
COMPOST FILTER TUBES STACKED SECTION
NOT TO SCALE
SEDIMENT BARRIER - COMPOST FILTER TUBE
NOT TO SCALEN SAVOY
CENTER ROAD OVER CENTER BROOK
SHEET TOTAL
STATE FED. AID PROJ. NO.
NO. SHEETS
83
D
MA - 5 7
NA
PROJECT FILE NO. 608647
ENVIRONMENTAL PERMIT PLANS
04-30-2021
Plotted on 21-Apr-2021 3:33 PM
BRIDGE KEY PLAN & PROFILE
N
105 106 PC +20.00
PCC +78.74
PT +86.92 107
PCC +95.62
108
608647_BR1 BR2 BR13 BR19-BR21 (S06003) APRIL 2021.DWG
LOW POINT ELEV = 1734.83
LOW POINT STA = 105+68.47
PVI STA = 106+10.00
PVI ELEV = 1734.42
A.D. = 8.43%
K = 12.46
105' VC
95.6' HSD
ELEV: 1738.38
PVT: 106+62.50
1740 1740 1740 1740
PVI STA = 107+90.00
ELEV: 1734.88
PVC: 105+57.50
PVI ELEV = 1748.00
A.D. = -10.29%
K = 24.77
255' VC
A00831 - 7
PVC: 106+62.50
PVT: 109+17.50
ELEV: 1744.50
231.2' SSD
HIGH POINT ELEV = 1745.43
HIGH POINT STA = 108+49.45
1730 1730 1730 1730
Proposal No. 608647-116251
1720 1720 1720 1720
NAVD 88 NAVD 88
BASE ELEV BASE ELEV
1710 1710
1710.00 1710.00
1737.50
1740.92
1727.52
1735.23
1734.94
1743.44
106+00 107+00SAVOY
CE
CENTER ROAD OVER CENTER BROOK
NT
SHEET TOTAL
ER
STATE FED. AID PROJ. NO.
BR NO. SHEETS
OO MA - 6 7
K PROJECT FILE NO. 608647
N ENVIRONMENTAL PERMIT PLANS
04-30-2021
Plotted on 21-Apr-2021 3:34 PM
BRIDGE PLAN & ELEVATION
CENTER ROAD
608647_BR6 BR11 BR12 BR17 (S06003) APRIL 2021.DWG
PRIVA
TE D
RIVE
A00831 - 8
Proposal No. 608647-116251SAVOY
CENTER ROAD OVER CENTER BROOK
SHEET TOTAL
STATE FED. AID PROJ. NO.
NO. SHEETS
MA - 7 7
PROJECT FILE NO. 608647
ENVIRONMENTAL PERMIT PLANS
04-30-2021
Plotted on 21-Apr-2021 3:36 PM
RIPRAP DETAIL
608647_BR1 BR2 BR13 BR19-BR21 (S06003) APRIL 2021.DWG
A00831 - 9
Proposal No. 608647-116251Proposal No. 608647-116251
WORK-START NOTIFICATION FORM
(Minimum Notice: Two weeks before work begins)
******************************************************************************
* EMAIL TO: cenae-r@usace.army.mil; or *
* *
* MAIL TO: U.S. Army Corps of Engineers, New England District *
* Permits and Enforcement Branch *
* Regulatory Division *
* 696 Virginia Road *
* Concord, Massachusetts 01742-2751 *
******************************************************************************
Corps of Engineers Permit No. NAE-2021-01342 was issued to MassDOT – Highway Division and
authorized the applicant to permanently discharge 355 square feet of fill material below the Ordinary
High Water (OHW) mark of Center Brook associated with the replacement of the bridge conveying
Center Road over Center Brook in Savoy, Massachusetts. The existing bridge superstructure will be
replaced while the existing abutments will be retained and repaired in place. Rip-rap overtopped with 1’
of natural material will be placed at the southern abutment to provide scour protection. The project also
includes 380 square feet of temporary impacts below the OHW mark of Center Brook associated with
construction access and dewatering behind cofferdams, and the removal of a portion of a sediment bar
immediately upstream from the bridge in order to reduce energy at the abutments. Sediment removed
from the bar will be used to fill voids in the rip-rap at the southern abutment.
The people (e.g., contractor) listed below will do the work, and they understand the permit's
conditions and limitations.
PLEASE PRINT OR TYPE
Name of Person/Firm:
Business Address:
Telephone Numbers: ( ) ( )
Proposed Work Dates: Start: Finish:
Permittee/Agent Signature: Date:
Printed Name: Title:
Date Permit Issued: _ _Date Permit Expires:
******************************************************************************
FOR USE BY THE CORPS OF ENGINEERS
PM: Vasconcelos Submittals Required:
Inspection Recommendation:
A00831 - 13Proposal No. 608647-116251
COMPLIANCE CERTIFICATION FORM
(Minimum Notice: Permittee must sign and return notification
within one month of the completion of work.)
Permit Number: NAE-2021-01342
Project Manager: Vasconcelos
Name of Permittee: MassDOT – Highway Division
Permit Issuance Date: August 19, 2021
Please sign this certification and return it to our office upon completion of the activity and any
mitigation required by the permit. You must submit this after the mitigation is complete, but not
the mitigation monitoring, which requires separate submittals.
************************************************************************ *
* E-MAIL TO: cenae-r@usace.army.mil; or *
* *
* MAIL TO: Permits and Enforcement Branch A *
* U.S. Army Corps of Engineers, New England District *
* Regulatory Division *
* 696 Virginia Road *
* Concord, Massachusetts 01742-2751 *
************************************************************************ *
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit was completed in
accordance with the terms and conditions of the above referenced permit, and any required
mitigation was completed in accordance with the permit conditions.
________________________________
Signature of Permittee Date
Printed Name Date of Work Completion
( ) ( )
Telephone Number Telephone Number
A00831 - 14Proposal No. 608647-116251
One Winter Street Boston, MA 02108 ● 617-292-5500
Charles D. Baker Matthew A. Beaton
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
August 18, 2021
MassDOT – Highway Division
Ten Park Plaza, Suite 4160
Boston, MA 02116
ATTN: Melissa Lenker
RE: Amended 401 WATER QUALITY CERTIFICATION
Application for: BRP WW 11 (X287459)
MINOR FILL AND EXCAVATION PROJECTS
AT: Rehabilitation of Center Road Bridge (S-06-003) over Center Brook
Savoy, Massachusetts
Center Brook
401 WQC Transmittal No: X287459 (Fill)
Wetlands File No: N/A Transportation Bond Bill Exemption
ACOE Application No: NAE-2021-01269
Dear Ms. Lenker:
The Department of Environmental Protection (“MassDEP”) has reviewed your application for a Water
Quality Certification, as referenced above. In accordance with the provisions of MGL Ch. 21, §§26-53
and Section 401 of the Federal Clean Water Act as amended (33 U.S.C. §1251 et seq.), it has been
determined there is reasonable assurance the proposed project will be conducted in a manner which
will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of
state law.
The proposed project will occur on Bridge Number S-06-003 located on Center Road Bridge over Center
Brook in Savoy, MA (the “project”). The purpose of this project is to rehabilitate the existing structure,
replace the bridge superstructure, and modify and reuse the existing abutments. The project will result
in 355 square feet of permanent alteration to Waters of the United States/Land Under Water (LUW)
for the installation of riprap scour protection and 180 square feet of temporary impact for the
installation of sandbag cofferdams. There are no permanent or temporary impacts to vegetated
wetlands associated with this project.
A00831 - 15Proposal No. 608647-116251
401 WQC – Savoy – Rehabilitation of Center Road Bridge over Center Brook
Transmittal #X287459
The Center Road Bridge is oriented north to south. Center Road is classified as rural local route and is
not part of the National Highway System (NHS) and has a total width of 20 feet with two unmarked
lanes, one in each direction. The bridge span is 27 feet. The bridge was originally constructed in 1938
and is currently considered both structurally deficient and functionally obsolete.
The project is located in the Massachusetts Department of Transportation (MassDOT) Highway Division
District 1 and is within a primarily undeveloped area with some residential structures nearby. The
project abuts the Savoy Mountain State Forest on the east side of the bridge. There will be no work
allowed within the boundaries of the State Forest. Center Brook is a tributary of the East Branch of the
Westfield River. The Westfield River and its three branches have been classified as a National Wild and
Scenic River under the Wild & Scenic Rivers Act of 1968. The National Park Service has reviewed the
project and submitted comments to MassDOT which were addressed.
A temporary one-lane bridge will be constructed just offline immediately south of the existing bridge.
The existing bridge superstructure will be removed and the existing abutments will remain in place with
some modifications. The work on the bridge superstructure will take place from above and access to the
river for work below is not required. The existing roadway width of 20 feet will be maintained as will the
existing bridge span of 27 feet. The approaches to the bridge will be reconstructed. Center Road will be
milled and overlaid to the limits of temporary traffic control and new guardrail approaches for each
corner of the bridge will be installed.
Existing drainage is through country-style drainage. A shallow, vegetated area accommodates some
drainage on the State Forest side of the road but the majority of the water sheet flows across the
roadway and down the western side of the roadway towards Center Brook. The existing country-style
drainage will be maintained for most of the project; however, a new granite block swale with a deep
sump catch basin will be added in the northeast quadrant. Placement of natural streambed materials
will cover the proposed newly-placed stone along the southern abutment. This stone protection is
required to protect this abutment based on evidence of scour along the existing abutment.
The proposed bridge will not meet the MA Stream Crossing Standards; however, as this project does not
propose a complete bridge replacement, the standards are to be met to the maximum extent
practicable. The proposed alternative will reuse the existing abutments and maintains the existing
natural setting of the crossing. An alternative addressing the removal of the existing abutments and
approach roadway was evaluated; however, the new superstructure and approach roadways would
require significant clearing of existing land areas and re-grading based on the required roadway profile
for a full replacement-structure alternative. This would result in significant impacts to the State Forest
land on the upstream side of the crossing, which would require additional environmental permitting
measures including Article 97 approval and a Programmatic Section 4(f) Evaluation for temporary
occupancy. Furthermore, replacement of the abutments and new approach roadway would significantly
increase the overall project cost as compared to the cost of the proposed alternative.
The MA Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program (NHESP)
has identified Priority Habitat for wood turtle (Glyptemys insculpta). To avoid a prohibited “take” of the
wood turtle, the applicant must submit a Wood Turtle Protection Plan prior to the start of work to be
reviewed and approved by MassDEP and NHESP; a draft Wood Turtle Protection plan has been included
in the project specifications. In its letter of March 22, 2021, NHESP determined that the project, as
proposed, will not result in a prohibited take of state-listed rare species.
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A00831 - 16Proposal No. 608647-116251
401 WQC – Savoy – Rehabilitation of Center Road Bridge over Center Brook
Transmittal #X287459
There will be 355 square feet of permanent impacts as a result of the installation of rip rap at the
southern abutment and 180 sf of temporary impacts from the placement of sandbags in Center Brook.
The riprap will be covered with a layer of natural streambed material to more closely replicate the
existing natural conditions of the brook. The proposed rip rap limits have been located to reduce
streambed impacts while providing the erosion and scour protection at abutment faces and at the side
slopes. The riprap and natural streambed material to be placed next to the southern abutment will also
help stabilize the streambank. These riprap areas will be protected by sandbags prior to and during
construction. The sandbags will be placed by hand prior to the installation of the riprap and natural
streambed material.
During the course of MassDEP’s review, it was noted that a small island of sediment immediately
upstream of the bridge has formed as a result of inadequate sediment transport. This island deflects
stream flows towards the abutment. Plans were subsequently revised to remove sediment from this
island down to the low water mark within the limits of the Right of Way which will improve hydraulics
within the stream. Some or all of that material will then be used for streambed restoration material
which will be placed over the riprap scour protection layer. This sediment removal will not exceed the
dredge WQC threshold.
Best Management Practices for erosion and sedimentation controls will be utilized. These controls may
include perimeter straw or fiber filled filter tubes installed parallel to slope contours, silt fencing if
needed, and sandbags within the brook installed prior to the installation of riprap and natural
streambed material. To control turbidity, repairs to the existing abutments and placement of riprap at
the southern abutment will take place in the dry through the use of sandbag cofferdams. Temporary
shielding is required to protect Center Brook from construction debris during demolition operations and
construction operations. Temporarily disturbed areas along the embankment due to the installation of a
temporary bridge will be seeded upon completion of the new bridge superstructure with a roadside
riverbank seed mix of native plant species. In addition, 30 native trees and 60 native shrubs will be
planted along the banks of Center Brook in accordance with Sheet 2 of the Landscape Plans.
Based on a review of information provided by the applicant, MassDEP finds that this project complies
with the standards described under 314 CMR 9.06. Public notice was provided in The Berkshire Eagle
on May 29-30, 2021. The Department received comments from the Berkshire Environmental Action
Team (BEAT) regarding project alternatives that would replace the bridge abutments during the public
comment period which ended on June 18-19, 2021. MassDOT responded to BEAT’s comments.
Therefore, based on information currently in the record, the Department grants a 401 Water Quality
Certification for this project subject to the following conditions to maintain water quality, to minimize
impact on waters and wetlands, and to ensure compliance with appropriate state law. The Department
further certifies in accordance with 314 CMR 9.00 that there is reasonable assurance the project or
activity will be conducted in a manner which will not violate applicable water quality standards (314
CMR 4.00) and other applicable requirements of state law. Finally, the Department has determined that
upon satisfying the conditions and mitigation requirements of this approval, the project provides a level
of water quality necessary to protect existing uses and accordingly finds that the project to be
implemented satisfies the Surface Water Quality Standards at 314 CMR 4.00.
3
A00831 - 17Proposal No. 608647-116251
401 WQC – Savoy – Rehabilitation of Center Road Bridge over Center Brook
Transmittal #X287459
Those special conditions that require direct submittals to MassDEP for either review or review and
approval are denoted by the following notation (Submittal) at the end of the condition. In addition,
those conditions with the (Submittal) designation shall be included in the Special Provisions and
reviewed at the District Pre-Construction Conference.
1. Pursuant to 314 CMR 9.09(1)(d), all work shall be performed in accordance with the following
documents and plans:
• Application for Water Quality Certificate, Prepared by MassDOT dated May 4, 2021,
Transmittal Form #X287459, with attachments.
• Plans entitled: “MassDOT Environmental Permit Plans”. Sheet 1 through 7. Prepared by
TranSystems, Inc. Dated 4/21/2021 and revised 6/17/2021.
• MassDOT Specifications as included in the Water Quality Certificate application, 17 pp.
This condition is necessary to ensure that construction practices are implemented in such a manner
as to prevent degradation to wetlands and waters in accordance with 314 CMR 9.00.
2. Pursuant to 314 CMR 9.09(1)(d), a minimum of twenty-one (21) days prior to commencement of
construction, MassDOT shall contact the MassDEP to schedule a pre-construction on-site or virtual
inspection to review the plans and terms and conditions of this Water Quality Certificate (WQC). The
Resident Engineer and a representative from MassDOT’s Environmental Section and/or the District
Environmental Engineer shall attend the pre-construction inspection. This condition is necessary to
ensure that construction practices are implemented in such a manner as to prevent degradation to
wetlands and waters in accordance with 314 CMR 9.00. (Submittal)
3. Pursuant to 314 CMR 9.09(1)(d), any proposed changes, alterations or amendment request as well
as any required submittals shall be sent by email to heidi.davis@mass.gov and
tyler.lewis@mass.gov. This condition is necessary to ensure that construction practices are
implemented in such a manner as to prevent degradation to wetlands and waters in accordance
with 314 CMR 9.00. (Submittal)
4. Pursuant to 314 CMR 9.09(1)(d), prior to the start of work, the applicant shall provide MassDEP with
the name, address and phone number(s) of Resident Engineer responsible for ensuring that all work
complies with the conditions of this Water Quality Certification. This condition is necessary to
ensure that construction practices are implemented in such a manner as to prevent degradation to
wetlands and waters in accordance with 314 CMR 9.00. (Submittal)
5. Pursuant to 314 CMR 9.09(1)(d), MassDEP shall be copied on the Army Corps of Engineers (Corps)
Work Start Notification Form which is due at least two weeks before the anticipated starting date
and the Corps Compliance Certification Form within one month following the completion of the
authorized work. This condition is necessary to ensure that construction practices are implemented
in such a manner as to prevent degradation to wetlands and waters in accordance with 314 CMR
9.00. (Submittal)
6. Pursuant to 314 CMR 9.09(1)(d), prior to the pre-construction inspection described in condition 2,
MassDOT shall submit to MassDEP for review and approval a demonstration of how the stormwater
standards are being met to the maximum extent practicable review. This condition is necessary to
4
A00831 - 18Proposal No. 608647-116251
401 WQC – Savoy – Rehabilitation of Center Road Bridge over Center Brook
Transmittal #X287459
ensure that stormwater controls prevent degradation to wetlands and waters in accordance with
314 CMR 9.06(6)(a). (Submittal)
7. Pursuant to 314 CMR 9.09(1)(d), measures shall be implemented in accordance with the final “Wood
Turtle Protection Plan” to be approved by NHESP. Silt fence shall be used in combination with any
other erosion controls to provide an adequate wood turtle barrier. These controls shall be
inspected daily and replaced immediately if damaged. Once they are fully installed, a biologist shall
sweep inside the work area for any turtles that might have been inside when the fences went up.
Construction shall not begin until the Biologist has swept the area for Wood Turtles and confirmed
there are no turtles within the work area. This condition is necessary to ensure that practicable
steps have been taken which will avoid and minimize impacts to wetlands and waters in accordance
with 310 CMR 9.06(2).
8. Pursuant to 314 CMR 9.09(1)(d), the removal of sediments from the vegetated island and placement
of that material for use in streambed restoration shall be overseen by a fluvial geomorphologist to
assure that work is done in accordance with the referenced plans. This condition is necessary to
protect water quality because it ensures that the project proponent is using planning and
construction practices that will maintain the integrity of the site hydrology and maintain the aquatic
resource functions and values in accordance with 314 CMR 9.06(2)(b).
9. Pursuant to 314 CMR 9.09(1)(d), no more than 535 square feet of cumulative impacts to Land Under
Water shall occur with 355 square feet of permanent impacts and 180 square feet of temporary
impacts. This condition is necessary to ensure that practicable steps have been taken which will
avoid and minimize impacts to wetlands and waters in accordance with 310 CMR 9.06(2).
10. Pursuant to 314 CMR 9.09(1)(d), prior to commencement of construction, adequate erosion control
measures shall be installed to protect all wetland resource areas. Erosion control measures may
consist of, but are not limited to, silt fence, staked hay bales, silt/turbidity curtains, compost filter
tubes, etc. This condition is necessary to minimize turbidity and sediment caused by construction
activities. It is necessary to ensure that water quality is not degraded, and biology of the waters are
not negatively impacted by potential discharges in accordance with 314 CMR 9.06(2)(a).
11. Pursuant to 314 CMR 9.09(1)(d), all sedimentation barriers shall be maintained until all disturbed
areas have been fully stabilized. Erosion controls must be inspected daily, maintained, and replaced
if damage occurs. This condition is necessary to minimize turbidity and sediment caused by
construction activities. It is necessary to ensure that water quality is not degraded, and biology of
the waters are not negatively impacted by potential discharges in accordance with 314 CMR 9.00.
12. Pursuant to 314 CMR 9.09(1)(d), work within the streambed shall be limited to stabilization of the
bridge abutment impacted by scour and removal of sediment from the vegetated island. Proposed
work shall minimize disruption to the streambed. This condition is necessary to ensure that
practicable steps have been taken which will avoid and minimize impacts to wetlands and waters in
accordance with 310 CMR 9.06(2).
13. Pursuant to 314 CMR 9.09(1)(d), a temporary shielding system shall be in place beneath the bridge
structure prior to removal and concrete excavation to prevent debris from falling into the water
below. If any debris falls in the river, it shall be immediately removed. This condition is necessary to
5
A00831 - 19Proposal No. 608647-116251
401 WQC – Savoy – Rehabilitation of Center Road Bridge over Center Brook
Transmittal #X287459
ensure that practicable steps have been taken which will avoid and minimize impacts to wetlands
and waters in accordance with 310 CMR 9.06(2).
14. Pursuant to 314 CMR 9.09(1)(d), proposed work shall minimize disruption to the streambank or top
of bank. Planting and seeding shall be done in accordance with Sheet 2 of the project plans. This
condition is necessary to ensure that impacts to wetlands and waters are appropriately mitigated in
order to comply with 314 CMR 9.06(2)(a).
15. Pursuant to 314 CMR 9.09(1)(d), Mass DOT shall revise the seed mix specification to remove Festuca
rubra and replace it with another more appropriate native species such as Sorghastrum nutans, or
other native graminoid. This condition is necessary to ensure that impacts to wetlands and waters
are appropriately mitigated in order to comply with 314 CMR 9.06(2).
16. Pursuant to 314 CMR 9.09(1)(d), trees and shrubs shall be planted in accordance with Sheets 2 and 3
of the project plans. This condition is necessary to ensure that impacts to wetlands and waters are
appropriately mitigated in order to comply with 314 CMR 9.06(2)(a).
17. Pursuant to 314 CMR 9.09(1)(d), all temporary erosion controls shall be removed at the conclusion
of work once the surrounding area is stabilized. This condition is necessary to ensure that
practicable steps have been taken which will avoid and minimize impacts to wetlands and waters in
accordance with 310 CMR 9.06(2).
18. Pursuant to 314 CMR 9.09(1)(d), this Certification remains in effect for the same duration as the
federal permit that requires it or five years from the date of issuance of this Certification whichever
comes first. This condition is necessary to ensure that construction practices are implemented in
such a manner as to prevent degradation to wetlands and waters in accordance with 314 CMR 9.00.
19. Pursuant to 314 CMR 9.11, no Special Condition set forth herein shall be construed or operate to
prohibit the Department from taking enforcement against the DOT or its contractors for any failure
to comply with the terms and requirements of this 401 Water Quality Certification. This condition is
necessary to ensure that construction practices are implemented in such a manner as to prevent
degradation to wetlands and waters in accordance with 314 CMR 9.06(2) .
20. Pursuant to 314 CMR 9.09(1)€, no activity authorized by this Water Quality Certification may begin
prior to expiration of the 21-day appeal period or until a final decision is issued by MassDEP if an
appeal is filed. This condition is necessary to ensure that construction practices are implemented in
such a manner as to prevent degradation to wetlands and waters in accordance with 314 CMR 9.00.
Failure to comply with this Certification is grounds for enforcement, including civil and criminal
penalties, under MGL Ch. 21 §42, MGL Ch. 21A §16, or other possible actions/penalties as authorized by
the General Laws of the Commonwealth.
This Certification does not relieve the applicant of the obligation to comply with other appropriate state
or federal statutes or regulations.
6
A00831 - 20Proposal No. 608647-116251
401 WQC – Savoy – Rehabilitation of Center Road Bridge over Center Brook
Transmittal #X287459
NOTICE OF APPEAL RIGHTS
A) Appeal Rights and Time Limits
Certain persons shall have a right to request an adjudicatory hearing concerning certifications by
MassDEP when an application is required: (a) the applicant or property owner; (b) any person aggrieved
by the decision who has submitted written comments during the public comment period; any ten (10)
persons of the Commonwealth pursuant to M.G.L. c.30A where a group member has submitted written
comments during the public comment period; or (d) any governmental body or private organization with
a mandate to protect the environment which has submitted written comments during the public
comment period. Any person aggrieved, any ten (10) persons of the Commonwealth, or a governmental
body or private organization with a mandate to protect the environment may appeal without having
submitted written comments during the public comment period only when the claim is based on new
substantive issues arising from material changes to the scope or impact of the activity and not apparent
at the time of public notice. To request an adjudicatory hearing pursuant to M.G.L. c.30A, § 10, a Notice
of Claim must be made in writing, provided that the request is made by certified mail or hand delivery to
MassDEP, with the appropriate filing fee specified within 310 CMR 4.10 along with a DEP Fee Transmittal
Form within twenty-one (21) days from the date of issuance of this Certificate, and addressed to:
Case Administrator
Department of Environmental Protection
One Winter Street, 2nd Floor
Boston, MA 02108
A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Department of Environmental Protection at:
Department of Environmental Protection
Commissioner’s Office
One Winter Street, 2nd Floor
Boston, MA 02108
B) Contents of Hearing Request
A Notice of Claim for Adjudicatory Hearing shall comply with MassDEP’s Rules for Adjudicatory
Proceedings, 310 CMR 1.01(6), and shall contain the following information pursuant to 314 CMR 9.10(3):
a.) the 401 Certification Transmittal Number;
b.) the complete name of the applicant and address of the project;
c.) the complete name, address, and fax and telephone numbers of the party filing the request,
and, if represented by counsel or other representative, the name, fax and telephone
numbers, and address of the attorney;
d.) if claiming to be a party aggrieved, the specific facts that demonstrate that the party
satisfies the definition of “aggrieved person” found at 314 CMR 9.02;
e.) a clear and concise statement that an adjudicatory hearing is being requested;
f.) a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the
objections to this Certificate, including specifically the manner in which it is alleged to be
inconsistent with the MassDEP’s Water Quality Regulations, 314 CMR 9.00, and (3) the relief
sought through the adjudicatory hearing, including specifically the changes desired in the
final written Certification; and
7
A00831 - 21Proposal No. 608647-116251
401 WQC – Savoy – Rehabilitation of Center Road Bridge over Center Brook
Transmittal #X287459
g.) a statement that a copy of the request has been sent by certified mail or hand delivery to
the applicant, the owner (if different from the applicant), the conservation commission of
the city or town where the activity will occur, the Department of Environmental
Management (when the certificate concerns projects in Areas of Critical Environmental
Concern), the public or private water supplier where the project is located (when the
certificate concerns projects in Outstanding Resource Waters), and any other entity with
responsibility for the resource where the project is located.
C) Filing Fee and Address
The hearing request along with a DEP Fee Transmittal Form and a valid check or money order payable to
the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
PO Box 4062
Boston, MA 02211
The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a
waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or
district of the Commonwealth of Massachusetts, or a municipal housing authority. MassDEP may waive
the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the
fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth
the facts believed to support the claim of undue financial hardship together with the hearing request as
provided above.
Should you have any questions relative to this permit, please me at Heidi.davis@state.ma.us or
tyler.lewis@state.ma.us.
Very truly yours,
Heidi M. Davis
Highway Unit Supervisor
Ecc: DEP-WERO-David Cameron
ACOE-Dan Vasconcelos
David Paulson, NHESP
Robert Natario, MassDOT
Timothy Dexter, MassDOT
8
A00831 - 22Proposal No. 608647-116251
401 WQC – Savoy – Rehabilitation of Center Road Bridge over Center Brook
Transmittal #X287459
Andrew Petit de Mange, NPS (Andrew_Petit_de_Mange@nps.gov)
Liz Lacy, NPS (liz_lacy@nps.gov)
Jamie Fosburgh, NPS(jamie_fosburgh@nps.gov)
Jennifer Therrien, Savoy Conservation Commission (townofsavoy720@gmail.com)
Ross Kunsman, Savoy Conservation Commission (townofsavoy720@gmail.com)
Phil Delorey, Building Commissioner (phil.delorey@gmail.com)
9
A00831 - 23Proposal No. 608647-116251
Applicant: General Public in Massachusetts Effective Date: April 16, 2018
Expiration Date: April 5, 2023
Department of the Army
General Permits for the Commonwealth of Massachusetts
The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues General Permits
(GPs) for activities subject to Corps jurisdiction in waters of the U.S., including navigable waters, within
the boundaries of, and off the coast of, the Commonwealth of Massachusetts, excluding work within the
boundaries of Indian tribal lands. These GPs are issued in accordance with Corps regulations at
33 CFR Parts 320-332 (see 33 CFR 325.2(e)(2)). The GPs will protect the aquatic environment and the
public interest while effectively authorizing activities that have no more than minimal individual and
cumulative adverse environmental effects. This document supersedes the February 4, 2015 GPs.
This GP document contains the following sections: Page
I. General Criteria 1
II. Jurisdiction/Authorities to Issue Permits 2
III. Eligible Activities 3
IV. General Conditions 19
V. Self-Verification Notification Form 34
VI. Content of Preconstruction Notification 36
VII. Definitions and Acronyms 40
VIII. Contacts and Tribal Areas of Concern 47
IX. Historic Property Notification Form 49
I. GENERAL CRITERIA
1. See Section II to determine if the activity requires Corps authorization, and Sections III and IV to
determine if the activity may be eligible for authorization under the GPs, specifically whether it is eligible
for self-verification (SV) or a preconstruction notification (PCN) or an individual permit (IP) is required.
2. In order for activities to qualify for these GPs, they must comply with all applicable GP eligibility
criteria and general conditions in Section IV.
3. Project proponents are encouraged to contact the Corps with questions at any time. Pre-application
meetings (see 33 CFR 325.1(b)) are encouraged to facilitate early review and help streamline the permit
process by alerting the applicant to potential obstacles that may arise during the evaluation (e.g., historic
properties general condition (GC) 7 and endangered species (GC 10)).
4. Regulated activities that are not authorized by these GPs require IPs (see 33 CFR 325.5(b)) and
proponents must submit an application directly to the Corps. (Projects that require an IP will also require
an individual 401 Water Quality Certification (WQC) from the Massachusetts Department of
Environmental Protection (MassDEP) and Coastal Zone Management (CZM) individual consistency
concurrence from the Massachusetts Office of CZM.) These GPs do not affect the Corps IP review
process or activities exempt from Corps permit requirements. The Corps retains discretionary authority
on a case-by-case basis to elevate a SV to PCN or IP, or a PCN to IP based on concerns for the aquatic
environment or for any other factor of the public interest (33 CFR 320.4(a)). Whenever the Corps
notifies an applicant that a PCN or IP is required, no work in Corps jurisdiction may be conducted until
the Corps issues the required authorization in writing indicating that work may proceed.
MA GPs 1 April 2018
A00831 - 24Proposal No. 608647-116251
5. How to Obtain/Apply for Authorization
a. Self-verification (Self-Verification Notification Form (SVNF) required):
The project proponent may proceed with activities authorized under these GPs that are eligible for SV
without submitting a PCN to the Corps provided the prospective permittee has:
i. Verified that the activity will comply with all applicable terms and conditions of the GPs
and ensured that a PCN is not required. Consultation with the Corps and/or other relevant Federal and
State agencies may be necessary to ensure compliance with the applicable GCs in Section IV and related
Federal laws such as 33 U.S.C. 408 (GC 5), the National Historic Preservation Act (GC 7), the
Endangered Species Act (GC 10) and the Wild and Scenic Rivers Act (GC 8). The Corps can confirm
that SV eligible activities are authorized under the GPs upon request.
ii. Submitted the SVNF (Section V) to the Corps unless otherwise specified. By submitting
the SVNF, you are self-verifying that your project meets the terms and conditions of the applicable GPs.
b. Preconstruction Notification (application required):
i. For activities that do not qualify for SV or when it is stated that a PCN is required, the
permittee must submit a PCN to obtain written verification from the Corps before starting work in Corps
jurisdiction. Applicants must include the information in Section VI to ensure the application is complete
and to expedite project review. Applications should be emailed to cenae-r@usace.army.mil or to the
Corps project manager if one has been assigned. If the Corps determines that the PCN activity qualifies
for authorization under these GPs, the Corps will send a verification letter to the applicant. If the Corps
determines that the activity does not qualify for authorization under these GPs, or that additional
information is required, the Corps will notify the applicant in writing.
ii. Emergency Situations: Contact the Corps in the event of an emergency situation for
information on the application and approval process. Emergency situations are limited to sudden,
unexpected occurrences that could potentially result in an unacceptable hazard to life, a significant loss of
property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a
permit is not undertaken within a time period less than the normal time needed to process an application
under standard procedures. Emergency work is subject to the same terms and conditions of these GPs as
non-emergency work, and similarly, must qualify for authorization under the GPs; otherwise an IP is
required. The Corps will work with all applicable agencies to expedite verification according to
established procedures in emergency situations.
II. JURISDICTION/AUTHORITIES TO ISSUE PERMITS
1. The following regulated activities require authorization under the Corps Regulatory Program:
a. The construction of any structure in, over or under any navigable water of the United States
(U.S.), the excavating or dredging from or depositing of material in such waters, or the accomplishment
of any other work affecting the course, location, condition, or capacity of such waters. The Corps
regulates these activities under Section (§) 10 of the Rivers and Harbors Act of 1899. See 33 CFR 322;
b. The discharge of dredged or fill material into waters of the U.S. The Corps regulates these
activities under §404 of the Clean Water Act (CWA). See 33 CFR 323; and
c. The transportation of dredged material for the purpose of disposal in the ocean. The Corps regu-
lates these activities under §103 of the Marine Protection, Research and Sanctuaries Act. See 33 CFR 324.
2. Related laws: 33 CFR 320.3 includes a list of related laws, including but not limited to: §401 and
§402 of the CWA, §307(c) of the CZM Act of 1972, the National Historic Preservation Act of 1966, the
Endangered Species Act, the Fish and Wildlife Act of 1956, the Marine Mammal Protection Act of 1972,
the Magnuson-Stevens Fishery Conservation and Management Act, and §7(a) of the Wild and Scenic
Rivers Act.
MA GPs 2 April 2018
A00831 - 25Proposal No. 608647-116251
III. ELIGIBLE ACTIVITIES
The terms “navigable waters of the U.S.” and “waters of the U.S.” are used frequently throughout this
document and it is important that the reader understand these terms, which are defined in Section VII.
The area thresholds stated in GPs 1, 8-14, 16-20 and 23 apply when there is a discharge of dredged or fill
material or a discharge associated with excavation in waters of the U.S. Unless otherwise stated, the total
temporary and permanent impact area is used to determine if a single and complete project is eligible for
SV or requires a PCN. An IP is required if the total permanent impact area exceeds the PCN/GP
threshold.
Permanent impacts mean waters of the U.S. that are permanently affected by filling, flooding, excavation,
or drainage because of the regulated activity. Permanent impacts include permanent discharges of
dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a
waterbody, or change the use of a waterbody. Temporary impacts include, but are not limited to, waters
of the U.S. that are temporarily filled, flooded, excavated, or drained because of the regulated activity.
Temporary impacts are usually associated with construction activities and often involve the placement of
cofferdams and construction mats. These fills are removed when construction is completed. Pilings and
associated structures do not ordinarily constitute a discharge of fill material. Impacts resulting from
activities eligible for exemptions under §404(f) of the CWA are not considered when calculating the
impact area.
General Permits
1. Maintenance
2. Moorings
3. Structures in Navigable Waters of the U.S.
4. Aids to Navigation, and Temporary Recreational Structures
5. Dredging, Disposal of Dredged Material, Beach Nourishment, and Rock Removal and Relocation
6. U.S. Coast Guard Approved Bridges
7. Bank and Shoreline Stabilization
8. Residential, Commercial and Institutional Developments, and Recreational Facilities
9. Utility Line Activities
10. Linear Transportation Projects and Stream Crossings
11. Mining Activities
12. Boat Ramps and Marine Railways
13. Land and Water-Based Renewable Energy Generation Facilities and Hydropower Projects
14. Temporary Construction, Access, and Dewatering
15. Reshaping Existing Drainage Ditches, New Ditches, and Mosquito Management
16. Response Operations for Oil and Hazardous Substances
17. Cleanup of Hazardous and Toxic Waste
18. Scientific Measurement Devices
19. Survey Activities
20. Agricultural Activities
21. Fish and Wildlife Harvesting and Attraction Devices and Activities
22. Aquaculture Activities
23. Aquatic Habitat Restoration, Establishment and Enhancement Activities
MA GPs 3 April 2018
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