A00830-609213.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 609213-134927

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DOCUMENT A00830

ARMY CORPS OF ENGINEERS

Permit Application

Massachusetts Department Of Transportation Highway Division Proposal No. 609213-134927

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*** THIS PAGE IS INTENTIONALLY LEFT BLANK ***

US ARMY CORPS OF ENGINEERS

NEW ENGLAND DISTRICT

PRE-CONSTRUCTION NOTIFICATION

Ayer Road Reconstruction and Shared Use Path

Harvard, Massachusetts

Prepared for: Town of Harvard Department of Public Works 47 Depot Road Harvard, MA 01451

MassDOT 10 Park Plaza, Suite 7130 Boston, MA 02116

Prepared by: TEC, Inc.

311 Main Street, 2nd Floor Worcester, MA 01608

May 29, 2025

Proposal No. 619213-134927

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U.S. Army Corps of Engineers New England District 696 Virginia Road Concord, MA 01742 978-318-8238 cenae-r-ma@usace.army.mil

RE: Pre-Construction Notification; DOT Project #609213 Ayer Road Reconstruction & Multimodal Improvements

On behalf of the project Applicant/Owner, the Town of Harvard and MassDOT, TEC, Inc. is filing a Pre-Construction Notification for the proposed reconstruction and multimodal transportation improvements along Ayer Road (Rt 110/111) starting from approximately 100 feet north of the State Highway Layout at Route 2 to the Harvard/Ayer town line.

The project involves the construction of a 10’ wide shared use path for the length of the project, as well as reconstruction of Ayer Road. The project also includes work along Gebo Lane, approximately 650-feet from its intersection with Ayer Road to its intersection with Lancaster County Road, and along Lancaster County Road approximately 550-feet between Gebo Lane and Ayer Road. The length of the project is approximately 9,200 linear feet. The shared use path is also proposed to replace Lancaster County Road between Ayer Road and Gebo Lane. The Gebo Lane/ Ayer Road intersection is also proposed to be reconstructed to provide for an improved approach closer to 90 degrees.

Wetland resource areas were evaluated and delineated by Rimmer Environmental Consulting, and a copy of the wetland evaluation and delineation report is included herein and provides in depth detail on the evaluation and methodology of delineation of resource areas.

There are resource area impacts promulgated by the proposed roadway reconstruction and shared use path associated primarily with (2) existing intermittent stream crossing modifications.

Mitigation includes Wetland Replication at a ratio of 1.75:1, Stream Bank restoration, Land Under Water/ Stream Bed restoration. Further information regarding impacts and mitigation is included herein. There are no floodplains or floodways associated with the (2) intermittent streams, therefore work will not alter any base flood elevations.

The project intents to utilize USACE MA GPs 23 and 24, Linear Transportation Projects and Stream Crossings and Temporary Construction, Access, and Dewatering, respectively.

The project also requires permitting under the Massachusetts Wetlands Protection Act, for which an Order of Conditions has been issued by the Harvard Conservation Commission. The OOC will serve as the WQC under the MA General 401 WQC. Coverage under the EPA NPDES CGP will also be required.

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Applicant Co-Applicant Agent Dan Nason Kevin Thompson Peter Engle Town Administrator Wetlands Coordinator Senior Project Manager Town of Harvard DPW MassDOT - Highway TEC, Inc.

47 Depot Road 10 Park Plaza, Suite 7130 311 Main Street Harvard, MA 01451 Boston, MA 02116 Worcester, MA 01608 978-456-4100 857-268-1729 774-402-0229 dnason@harvard-ma.gov kevin.s.thompson@dot.state.ma.us pengle@theengineeringcorp.com

The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.

Please do not hesitate to contact me directly if you have any questions at 774-670-3569. Thank you for your attention to these matters.

Sincerely, Peter Engle, P.E.

Senior Project Manager TEC, Inc.

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TABLE OF CONTENTS

PCN Checklist

PCN Application

Application Narrative

Introduction and Purpose

Existing Conditions & Resource Areas

Proposed Improvements

Authorizations/ Permitting

Impacts

Avoidance & Mitigation

Stormwater Management

Alternatives Analysis

Construction Sequencing

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PCN CHECKLIST

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APPENDIX D: PCN APPLICATION CHECKLIST

The following information shall be submitted for all PCNs for USACE to properly evaluate your application. Some applications may require more information and this checklist is offered as a tool to assist applicants with submitting a complete application.

SECTION 1: GENERAL APPLICATION INFORMATION

1. ☐ Complete the Pre-Construction Notification document (Appendix B).

2. ☐ Specify which local/state/federal authorizations are required for the project and if any have been obtained or applied for at the time of USACE application submittal.

3. ☐ Identify all funding sources the project will receive or has received to date. Provide any relevant information in the application submission.

4. ☐ Is this part of a larger project that is being implemented in phases? If so, describe the project schedule and how each phase will be implemented.

5. ☐ Describe the existing conditions on the site and the general land use in the vicinity of the project at the time application submittal.

6. ☐ Provide any historic information available that you may have of project area, e.g., existing

USACE permit numbers, the names under which the permits were obtained if the permit numbers are unknown, construction dates and proof of prior existence (aerials, photos, town hall records, affidavits, state or local permits, etc.) to verify that the project predates regulation and is “vested”.19

7. ☐ The anticipated start and end dates for construction.

SECTION 2: WETLAND DELINEATION

8. ☐ Data used to support aquatic resource boundary determinations (delineation forms, delineation map(s) that show the locations of each aquatic resource in the project area, aerial and ground photographs, LIDAR imagery, national wetland inventory maps, soil maps, national hydrography dataset maps, floodplain maps, historical imagery, etc.).

9. ☐ Photographs of the wetland(s) and/or waterway(s) where impacts are proposed. Photos at low tide are preferred for work in tidal waters.

10.☐ Indicate the relationship of the project area to waters of the U.S., i.e., adjacent wetlands, tidal influence or hydraulic connectivity through culverts, or other conveyances, etc.

11.☐ At minimum the delineation map/figure should include the following:

a. Contour lines showing topography.

b. North arrow.

c. Bar and text scale.

d. Legend.

e. Drawn project boundary.

f. High tide line, mean high water, mean low water, ordinary high water mark, and/or wetland boundaries.

g. Captions with a unique name for each aquatic resource and the area or length of the aquatic resource within the project area.

19 Vested is exempt (someone or something) from a new law or regulation.

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h. Appropriate landmarks and features (e.g., culverts, special aquatic sites, etc.).

i. Points showing the paired upland and wetland delineation locations for tidal and non-tidal wetlands only.

SECTION 3: AVOIDANCE & MINIMIZATION

12. ☐ Describe specific measures taken to avoid impacts to aquatic resources or describe why aquatic resources could not be avoided while achieving the project purpose and need.

13. ☐ For impacts to aquatic resources that could not be avoided, describe specific considerations/ measures taken to minimize the area of proposed impacts to aquatic resources in designing the project.

14. ☐ Describe specific measures taken to avoid and minimize the proposed direct, indirect, and secondary impacts to aquatic resources and their functions through construction techniques and timing.

15. ☐ If applicable, provide a restoration plan that describes how all temporary fills and structures will be removed and the area restored to pre-impact conditions (see GC 22).

16. ☐ If applicable, provide an Invasive Species Control Plan (see GC 29). For sample control plans, see www.nae.usace.army.mil/missions/regulatory/invasive-species.

17. ☐ If applicable, describe how the proposed wetland/waterbody crossing is compliant with GC 31, Stream Work and Crossings, and Wetland Crossings.

SECTION 4A: PROJECT IMPACTS

18. ☐ Describe the overall project and the activities located in Waters of the U.S. (WOTUS) that you are seeking authorization for.

19. ☐ Identify the following for project impacts in WOTUS:

a. ☐ Direct, indirect, secondary impacts20 within WOTUS.

b. ☐ The size of each impact (square feet or acres, or linear feet).

c. ☐ For discharges of fill material (§404), specify the volume of fill material to be discharged

(cubic yards).

d. ☐ The impact duration from each activity, permanent or temporary (X days).

SECTION 4B: PROJECT PLANS

20. ☐ Submit project plans that depict all impacts in WOTUS. On the project plans, applicants shall provide:

General Information

a. ☐ Plan view and typical cross-section view sheets that show the existing and proposed conditions. These illustrations should each be identified with a figure number, date of the map, the project title, the name of the applicant and the type of illustration (vicinity map, plan view, or cross section).

b. ☐ Drawings, sketches, or plans that are legible, reproducible (color is encouraged, but features must be distinguishable in black and white), drawn to scale, and no larger than 11”x17” and 10 MB when submitted in digital format. Numeric and graphic/bar scales must agree, and plan details must be measurable using a standard engineer’s scale on printed plans. Reduced plans are not acceptable.

c. ☐ The north arrow and remove miscellaneous non-wetland or water project related features such as conduits, utility poles, guardrails, etc.

20 See definitions section for the definitions of direct, indirect, secondary impacts.

Proposal No. 619213-134927

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d. ☐ Clearly draw the overall limits of work, staging areas, disposal sites, access routes, and any permittee responsible mitigation sites. These areas may include both aquatic resources and upland areas.

e. ☐ Names or numbers of all roads in the site’s vicinity and ownership and numbers of abutting parcels.

f. ☐ Datum in plan and elevation views. The horizontal datum shall be in the NAD 83 Massachusetts State Plane Coordinate System (INSERT) in U.S. survey feet. The vertical data in coastal projects shall be referenced to either MLLW or the North American Vertical Datum of 1988 (NAVD 88). Both the distance and depth units shall be U.S. survey feet and specified on the project plans.

Aquatic Resources & Project Impacts

g. ☐ Delineation of all aquatic resource types on site including salt marsh; other special aquatic sites (vegetated shallows, mudflats, riffles and pools, coral reefs, and sanctuaries and refuges); other waters, such as lakes, ponds, vernal pools, natural rocky habitat (tidal only), and perennial, intermittent, and ephemeral streams.

h. ☐ Identify the substrate type (cobble/gravel, organic detritus, sand/shell, silt, mud) and the approximate percentage of each substrate type on site. Grain sizes shall be based on Wentworth grain size classification scale for granules, pebbles, cobbles, and boulders.

Sediment samples with a content of 10% or more of pebble-gravel-cobble and/or boulder in the top layer (6-12 inches) should be delineated and material with epifauna/macroalgae should be differentiated from bare pebble-gravel-cobble and boulder.

i. ☐ The direction of ebb and flood in tidal waters and direction of flow in non-tidal waters.

j. ☐ In tidal waters, the project boundary distance from special aquatic sites identified in 20g above if within 25 feet from that resource.

k. ☐ USACE jurisdictional boundaries including ordinary high-water mark (OHWM), high tide line (HTL), mean high water (MHW). Other boundaries include mean low water (MLW), mean lower low water (MLLW), as applicable.

• Non-tidal: OHWM and/or wetland boundaries.

• Tidal (structures/work only): MHW, MLW.

• Tidal (Fill and Structures/work): HTL, MHW, MLW.

• Tidal (Dredging/Beach Nourishment): HTL, MHW, MLW, MLLW.

l. ☐ Identification of each aquatic resource with a unique name (ex. Wetland 1, Wetland 2, Tributary 1, Beaver Brook, Atlantic Ocean) and the size of each aquatic resource within the project area (square feet or acres).

m. ☐ Impacts to each aquatic resource with captions denoting the size of each impact (square feet, acres, or linear feet) and the duration of the impact (ex. Permanent, Temporary (X days).

SECTION 4C: PROJECT PLANS - SPECIFIC PROJECT INFORMATION

21.☐ For projects involving Navigation, Structures, Dredging, and/or Beach Nourishment, the applicant shall also address the following:

Navigation

a. ☐ Identify the locations of adjacent Federal navigation project (FNP) and/or state/local navigation projects on the project plans.

b. ☐ Specify the distance between the FNP and proposed project boundary, the authorized depths of the FNP, and state plane coordinates of seaward end(s) of project structures near an FNP.

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Structures

a. ☐ Identification of the piling type (steel, timber, concrete) and diameter to be removed and/or installed.

b. ☐ Specify the minimal height of the structures’ frame over saltmarsh. To meet the SV threshold, piers must be ≤4 feet in width and this minimal height must achieve a 1.5:1 ratio (i.e., a 4-foot-wide pier is 6 feet above a saltmarsh).

c. ☐ For floats, the methods of securing them (piles, bottom anchors) and for keeping them off substrate (skids, stops) at low water. To meet the SV threshold, a minimum depth of 18-inches of water should be maintained below a floating dock/structure at lower tide levels.

Dredging

a. ☐ The area (SF, acre) and volume (CY) of material to be dredged waterward of MHW for each dredge location.

b. ☐ Dredge boundaries.

c. ☐ Bathymetry for existing, proposed, and historical (include dates and USACE permits) dredge depths.

d. ☐ The likely final angle of repose of the side cuts based on the physical characterization of the material to be dredged and based upon the high/ medium/low, wave or current energy of the location.

e. ☐ Label area whether the dredging is new, maintenance, improvement, or a combination.

f. ☐ Location of the disposal site (include location sheet). NOTE: For projects proposing open water, nearshore disposal, or beach nourishment, contact USACE as early as possible for sampling and testing protocols. Sediment testing, including physical (e.g., grain-size analysis), chemical and biological testing may be required. Sampling/testing of sediments without such contact should not occur and if done, will be at the applicant’s risk.

g. ☐ The methods and areas used to retain or prevent dredged material from running back into the wetland or waterway. Provide the capacity of the storage area and points of runback, including the overflow route, into the aquatic system.

h. ☐ For open-water disposal, explain why inland or beneficial reuse sites are not practicable.

i. ☐ Show the finished top elevation of the disposal site.

Beach Nourishment

a. ☐ For beach nourishment, identify the disposal footprint, existing and proposed nourishment profiles (multiple profiles are appropriate if the site is more than 150 feet long or non-contiguous), total fill area (SF) and volume (CY), fill area and volume waterward of the HTL, and delineation of dunes, banks, existing beach vegetation, and contours.

b. ☐ For beach nourishment identify the substrate type (fine sand, sand, cobble, boulder) and/or grain-size of existing material.

SECTION 5: STRUCTURES

22. ☐ For projects with the removal of existing pilings identify the number, type (steel, timber, concrete) and diameter of pilings to be removed and the methodology for removal (cut off at mud line, pulling, vibratory, etc.).

23. ☐ For projects with the installation of new pilings identify the number, type (steel, timber, concrete) and diameter of pilings to be installed and the methodology for installation (vibratory hammer, impact hammer etc.).

24. ☐ Identify any existing structures and moorings in waters adjacent to the proposed activity, their dimensions, and the distance to the limits and coordinates of any proposed mooring field or reconfiguration zone. For reconfiguration zone and mooring fields, provide the coordinates for all

A00830-11 corners based on the Massachusetts State Plane Coordinate System. Specify the maximum number of slips and/or moorings within proposed reconfiguration zones or anchorage areas.

25. ☐ The dimensions of the structure or work and extent of encroachment waterward of MHW and from affixed point on the shoreline or upland.

26. ☐ Shoreline of adjacent properties and property boundary offset for structures. In narrow waterbodies, the distance to opposite shoreline, waterway width, and structures across from proposed work.

27. ☐ For new commercial boating facilities, anchorage areas or reconfiguration zones, provide a description of the type of vessels that would use the facility, and any plans for sewage pump-out facilities, fueling facilities and contingency plans for oil spills.

28. ☐ See Sections 4A-C above.

SECTION 6: AQUACULTURE

29. ☐ Identify the coordinates for lease area corners and gear configuration area on the project plans.

30. ☐ Identify the proposed aquaculture gear type (buoys, floats, racks, trays, nets, lines, tubes, cages, containers, and other structures). Provide the impacts for each aquaculture gear type (see Section 4A 19a-d).

31. ☐ For a GP 18 to be valid, applicants must have (a) their MA DMF Aquaculture Certification letter for licensed shellfish aquaculture sites, (b) documentation that the applicant has coordinated with the U.S. Coast Guard regarding USCG Private Aids to Navigation standards,

(c) their MEPA Certificate (if required), and (d) documentation that the applicant has contacted their local authorities (ex. harbormaster, select board, shellfish constable) for authorization of their facility.

32. Provide information on site the operation, maintenance, and access. Will the site be accessed via boat, kayak, etc.? Will cages be removed in the winter? How often will gear be checked on?

Is there an operations plan for the proposed aquaculture area?

33. ☐ See Sections 4A-C above.

SECTION 7: DREDGING

34. ☐ Sampling plan requests for new, improvement or maintenance dredging must submit completed Dredged Material Evaluation checklist found at Dredged Material Evaluation Checklist, Sampling and Analysis Plan Requirements from Applicant (army.mil) and identify the method of handling/transporting the dredged material.

35. ☐ Identify grain-size of material to be dredged (e.g., silty sand) and provide any existing sediment grain size and bulk sediment chemistry data from the proposed project or nearby projects. Include information on any recent spills of oil and/or other hazardous materials and/or nearby outfalls. Document the information source, e.g., EPA database, the harbormaster or fire chief. If there are none, state “none”.

36. ☐ See Section 4A, 4B and 4C, Dredging 21(a-i) above.

SECTION 8: WETLAND/WATERBODY CROSSINGS

37. ☐ For the stream crossing, identify the crossing methodology on the project plan (e.g., dam and pump, dry, wet, etc.). Submit a waterway crossing sequencing plan with the application.

38. ☐ If the project includes a permanent crossing of a tidal waterway, your project design should be modified to match the velocity, depth, cross-sectional area, and substrate of the existing waterbody adjacent to the crossing and provide documentation (hydraulic analysis including low lying property analysis) that the size of the crossing will not restrict tidal flow over the full natural tide range and will not adversely affect abutting infrastructure.

Proposal No. 619213-134927

A00830-12 https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/NAE_SAP_Checklist.pdf?ver=YjOLbfZYTyHnt3Vc9QJpyg%3d%3d https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/NAE_SAP_Checklist.pdf?ver=YjOLbfZYTyHnt3Vc9QJpyg%3d%3d

39. ☐ If the work includes a permanent crossing of a non-tidal stream, your project design should be modified to match the culvert gradient of the existing stream channel profile, provide clearance for ≥1.2 times bank full width and conveyance should be embedded ≥1-2 feet for box culverts and pipe arches or ≥1-2 feet and at least 25 percent for rounded pipes/culverts in accordance with the Massachusetts Stream Crossing Standards. Provide the basis for any variation to this requirement.

40. ☐ If the work includes a permanent crossing of a non-tidal stream, the structure should be designed to include a natural bottom substrate within the conveyance that matches the characteristics of the substrate in the natural stream channel and the character of the banks (mobility, slope, stability, confinement, grain and rock size). The conveyance should be designed with a minimum openness ratio ≥0.82-feet (0.25-meters). For how to calculate openness ratio and stream simulation ecological approach for road and stream crossings, see https://www.nae.usace.army.mil/Missions/Regulatory/Stream-and-River-Continuity/.

SECTION 9: COMPENSATORY MITIGATION

41. ☐ Does the project require Compensatory Mitigation21 for impacts to Waters of the U.S.? (See Section V in the 2023 Massachusetts General Permit)

42. ☐ If the project requires mitigation, does the selected compensatory mitigation option (i.e., In- Lieu Fee, permittee-responsible mitigation) deviate from the order of the options presented in §332.3(b)(2)-(6)? If so, please explain why. https://www.ecfr.gov/current/title-33/chapter-II/part- 332/section-332.3

43. ☐ For any compensatory mitigation that involves preservation, the applicant must use a site protection instrument to preserve the parcel in perpetuity. (Conservation Easement, Deed Restriction, etc.) https://www.mass.gov/service-details/conservation-restriction-review-program.

SECTION 10: HISTORIC PROPERTIES & NOTIFICATIONS TO SHPO, THPOs, BUAR

44. ☐ Notify the SHPO, Massachusetts Historical Commission, of the Project via Certified Mail and include proof of delivery or receipt in the application package (See Appendix A).

45. ☐ As applicable, notify the THPOs, Narragansett Indian Tribe, Wampanoag Tribe of Gay Head (Aquinnah), and Mashpee Wampanoag Tribe, of the Project via email OR mail and include proof of delivery or receipt in the application package (See Appendix A).

46. ☐ As applicable, notify the BUAR via email (strongly preferred) OR mail and include proof of delivery or receipt in the application package (See Appendix A).

47. ☐ Include responses to this notification in the permit application.

48. ☐ As applicable, information on historic properties (Tribal and Archaeological) within the project area should be provided in the permit application.

SECTION 11: ENDANGERED SPECIES & ESSENTIAL FISH HABITAT

49. ☐ Provide a USFWS Information for Planning and Consultation (IPaC) Official Species List from https://ecos.fws.gov/ipac and the email of the individual who generated the list (see GC 10 of the 2023 Massachusetts General Permit for more information).

50. ☐ Provide a species list from the NMFS Section 7 Endangered Species Act mapper at https://noaa.maps.arcgis.com/apps/webappviewer/index.html.

51. ☐ Provide a species list from the NMFS Essential Fish Habitat Mapper at https://www.habitat.noaa.gov/apps/efhmapper/?page=page_3.

21 Your mitigation proposal must be consistent with the December 29, 2020 Compensatory Mitigation Standard Operating Procedures at https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Mitigation/Compensatory- Mitigation-SOP-2020.pdf and 2008 Mitigation Rule.

Proposal No. 619213-134927

A00830-13 https://www.nae.usace.army.mil/Missions/Regulatory/Stream-and-River-Continuity/ https://www.ecfr.gov/current/title-33/chapter-II/part-332/section-332.3 https://www.ecfr.gov/current/title-33/chapter-II/part-332/section-332.3 https://www.mass.gov/service-details/conservation-restriction-review-program https://ecos.fws.gov/ipac https://noaa.maps.arcgis.com/apps/webappviewer/index.html https://www.habitat.noaa.gov/apps/efhmapper/?page=page_3 https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Mitigation/Compensatory-Mitigation-SOP-2020.pdf https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Mitigation/Compensatory-Mitigation-SOP-2020.pdf

52. ☐ If the project will generate turbidity, describe the extent of turbidity and if erosion controls will be used to contain turbidity. If turbidity controls are not operationally feasible, explain the basis for your conclusion and identify any other measures that you will implement to minimize resuspension of sediment.

53. ☐ Identify the substrate type and any aquatic resources that will be affected by the proposed action. (SAV, salt marsh, sand, silt/clay, rocky/hard bottom)

54. ☐ For projects which will include the installation of pilings/sheet-piles, identify the substrate at the project site (sand, cobble, silt/mud/clay), the installation method (vibratory hammer, impact hammer, combination) and indicate whether the following “soft start” procedures at beginning of the workday and after a 30-minute period of rest will be deployed:

a. ☐ Vibratory Pile Installation: pile driving will be initiated for 15 seconds at reduced energy followed by a one-minute waiting period. This sequence of 15 seconds of reduced energy driving, one-minute waiting period will be repeated two additional times, followed immediately by pile-driving at full rate and energy.

b. ☐ Impact Pile Installation: pile driving will commence with an initial set of three strikes by the hammer at 40% energy, followed by a one-minute wait period, then two subsequent 3-strike sets at 40% energy, with one-minute waiting periods, before initiating continuous impact driving.

55. ☐ If the project involves dredging, describe any dredge history, number of dredge events to be covered by the permit, erosion/sediment controls, dredge type, intake structures (mesh screen size), dredged material disposal site.

56. ☐ For project activities associated with structures, identify the number, type (drill barge, work boat, tugboat, etc.), and size of any temporary vessels that will be used. Specify measures that will be implemented to ensure vessels are not berthed in shallow water or will “ground out” at low tide.

57. ☐ For aquaculture projects identify whether any component of the gear is seasonal (will be removed annually) or will be in place year-round. If gear will be present year-round and will be variably managed (e.g., floating in summer, bottom in winter) identify month/date for such configurations.

58. ☐ For aquaculture projects identify whether the project will involve use of an existing vessel or new vessel. Identify the length for all work vessels and identify the distance round trip from vessel berthing location and aquaculture area.

59. ☐ For project activities associated with docking structures (either commercial, industrial, or recreational) identify the number, type (motorized/non-motorized, jet-ski, sailboat, kayak, canoe, other that will be berthed there and the sizes of each.

60. ☐ Information required for Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act:

a. Results of an eelgrass survey completed per the INSERT.

b. Essential Fish Habitat Assessment to determine project-related impacts to essential fish habitat, using guidance developed by the National Marine Fisheries Service.

61. ☐ A document containing the following information (requirements of 50 CFR §600.920(e)(3)):

a. Description of proposed action.

b. Analysis of potential adverse effects on essential fish habitat.

c. Conclusions regarding the effects of the action on essential fish habitat.

d. If applicable, proposed mitigation.

e. Analysis of alternatives to the proposed action.

f. Other:

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PRE-CONSTRUCTION NOTIFICATION APPLICATION

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U.S. Army Corps of Engineers (USACE), New England District (NAE)

PRE-CONSTRUCTION NOTIFICATION (PCN)

DATA REQUIRED BY THE PRIVACY ACT OF 1974

Authority Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332.

Principal Purpose The information provided will be used in evaluating activities under Pre-Construction Notification procedures within New England.

Routine Uses Disclosure

Instructions

This information may be shared with other federal, state, and local government agencies during the application review process. Submission of requested information is voluntary. However, if information is not provided the PCN application cannot be fully evaluated nor can USACE render a permit decision.

The applicant must complete ALL required sections of this document before their submission to USACE. The PCN submission to USACE shall include one set of drawings which show the location and character of the proposed activity, statements that address each required field below, and documentation that supports each field (e.g., emails, letters, description/narrative, phone calls, surveys, reports, etc.). Electronic submissions to the following address are strongly preferred: cenae-r-ma@usace.army.mil. The email subject line shall contain the following:

General Permit #, PCN, City/Town, and date submitted. An application that is not completed in full will be returned.

(ITEMS 1 THRU 4 TO BE FILLED BY USACE)

1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE

(ITEMS BELOW TO BE FILLED BY APPLICANT)

Middle - Last -

8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required)

First - Middle - Last -

Company -

E-mail Address -

5. APPLICANT'S NAME

First -

Company -

E-mail Address -

6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS:

Address- Address-

City - State - Zip - Country - City - State - Zip - Country -

7. APPLICANT'S PHONE NOs. with AREA CODE

a. Residence b. Business c. Fax d. Mobile

10. AGENT'S PHONE NOs. with AREA CODE

a. Residence b. Business c. Fax d. Mobile

STATEMENT OF AUTHORIZATION

11. I hereby authorize, to act on my behalf as my agent in the processing of this general permit PCN application and to furnish, upon request, supplemental information in support of this general permit PCN application.

SIGNATURE OF APPLICANT DATE

NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY

12. PROJECT NAME or TITLE (see instructions)

13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROPOSED ACTIVITY STREET ADDRESS (if applicable)

City: State: Zip:

15. LOCATION OF PROPOSED ACTIVITY (see instructions)

Latitude: °N Longitude: °W

TEC Inc, Ayer Road Reconstruction and Shared Use Path

(2) Unnamed Intermittent Streams

Dan Nason

Town of Harvard DPW dnason@harvard-ma.gov

Peter Engle

TEC Inc.

pengle@theengineeringcorp.com

47 Depot Road 13 Ayer Road

Harvard MA 01451 USA

311 Main Street

Worcester MA 01608 USA

9784564100 7744020229

42.52825 -71.57880

Ayer Road

Harvard MA

Proposal No. 619213-134927

A00830-16 mailto:cenae-r-ma@usace.army.mil

16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)

State Tax Parcel ID: Municipality:

Section: Township: Range:

17. DIRECTIONS TO THE SITE.

18. IDENTIFY THE SPECIFIC GENERAL PERMIT(S) YOU PROPOSE TO USE:

19. DESCRIPTION OF PROPOSED GENERAL PERMIT ACTIVITY (see instructions)

20. DESCRIPTION OF PROPOSED MITIGATION MEASURES (see instructions)

21. PURPOSE OF GENERAL PERMIT ACTIVITY (Describe the reason or purpose of the project, see instructions)

22. Quantity of Wetlands, Streams, or Other Types of Waters Directly Affected by Proposed General Permit Activity (see instructions)

Area (square feet) Length (linear feet) Volume (cubic yards) Duration Purpose

Each PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site.

23. List any other GP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project on any related activity (see instructions)

24. If the proposed activity will result in the loss of aquatic resources that exceed those identified in the New England District Compensatory Mitigation Thresholds, explain how the compensatory mitigation requirement will be satisfied. (see instructions)

Route 2, Exit 109B to Rt111 North.

GP23, LINEAR TRANSPORTATION PROJECTS AND WETLANDS/STREAM/CROSSINGS

GP 24. TEMPORARY CONSTRUCTION, ACCESS, AND DEWATERING

Replacement of (1) existing Ayer Road (Rt111) at Gebo Lane intermittent stream culvert, removal of (1) existing Gebo Lane intermittent stream culvert and associated stream restoration, filling of 2,688 sf of vegetated wetlands associated with roadway box widening and shared use path and replication of 4,710 sf of vegetated wetlands (1.75:1 replacement), extension of (1) existing Ayer Road (Rt111) intermittent stream culvert at 294/304 Ayer Road.

Mitigation includes: wetland restoration, wetland replication, stream restoration. Erosion and sedimentation controls are proposed during construction.

Reconstruction, box widening, and shared use path construction on Ayer Road.

14 T / 2688 P n/a 190 Fill Temp / Perm VW - Fill Associated with Culverts and SUP

4,724 n/a n/a Permanent VW - Restoration / Replication

382 T / 310 P 87' T / 92' P 35 Fill Temp / Perm WOTUS - Stream Bed, Bank - Loss due to Crossings

820 288 15 Dredge Permanent WOTUS - Int. Stream Restoration Bed, Bank n/a

1.75:1 Wetland Replication Greater than 1:1 Intermittent Stream Restoration

Harvard

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25. Is Any Portion of the General Permit Activity Already Complete? Yes No If Yes, describe the completed work:

26. List the name(s) of any species listed as endangered or threatened under the Endangered Species Act that might be affected by the proposed GP activity or utilize the designated critical habitat that might be affected by the proposed GP activity. (see instructions)

27. List any historic properties that have the potential to be affected by the proposed GP activity or include a vicinity map indicating the location of the historic property or properties. Attach relevant project information, along with any responses received from project notifications to this submittal. (see instructions)

28. For a proposed GP activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, identify the Wild and Scenic River or the “study river”:

29. If the proposed GP activity also requires permission from the USACE pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, have you submitted a written request for section 408 permission from the USACE district having jurisdiction over that project? Yes No

If “yes”, please provide the date your request was submitted to the USACE District:

30. Does the activity require a 401 Water Quality Certification (WQC)? If so, specify the type of 401 WQC that is required (general or individual). In cases where an individual 401 WQC is required, provide the date the 401 WQC certification request was submitted to the certifying authority and their contact information.

31. If the terms of the GP(s) you want to use require additional information to be included in the PCN (i.e. sampling and analysis plan), please include that information in this space or provide it on an additional sheet of paper marked Block 30. (see instructions)

32. I certify that the information in this pre-construction notification is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant.

SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE

The Pre-Construction Notification must be signed by the person who desires to undertake the proposed activity (applicant) and, if the statement in block 11 has been filled out and signed, the authorized agent.

18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.

Tricolored Bat, endangered. project is unlikely to affect the species.

Project is not located within priority habitats or in close proximity to known hibernaculum or roosting trees.

MassHistoric Registered site (HRV164) located at 310 Ayer Road, approximately 300 feet away from the proposed culvert extension and wetland replication work zone. The property will not be effected by the proposed project(s).

No National Registry sites located in close proximity to the project.

N/A

Yes, MassDEP General 401 WQC through Issuance of WPA Order of Conditions

N/A x x N/A

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Instructions for Preparing a

Department of the Army

General Permit (GP) Pre-Construction Notification (PCN)

Blocks 1 through 4. To be completed by the U.S. Army Corps of Engineers.

Block 5. Applicant’ Name. Enter the name and the e-mail address of the responsible party or parties. If the responsible party is an agency, company, corporation, or other organization, indicate the name of the organization and responsible officer and title. If more than one party is associated with the PCN, please attach a sheet of paper with the necessary information marked Block 5.

Block 6. Address of Applicant. Please provide the full address of the party or parties responsible for the PCN. If more space is needed, attach an extra sheet of paper marked Block 6.

Block 7. Applicant Telephone Number(s). Please provide the telephone number where you can usually be reached during normal business hours.

Blocks 8 through 11. To be completed, if you choose to have an agent.

Block 8. Authorized Agent’s Name and Title. Indicate name of individual or agency, designated by you, to represent you in this process. An agent can be an attorney, builder, contractor, engineer, consultant, or any other person or organization. Note: An agent is not required.

Blocks 9 and 10. Agent’s Address and Telephone Number. Please provide the complete mailing address of the agent, along with the telephone number where they can be reached during normal business hours.

Block 11. Statement of Authorization. To be completed by the applicant, if an agent is to be employed.

Block 12. Proposed General Permit Activity Name or Title. Please provide a name identifying the proposed GP activity, e.g., Windward Marina, Rolling Hills Subdivision, or Smith Commercial Center.

Block 13. Name of Waterbody. Please provide the name (if it has a name) of any stream, lake, marsh, or other waterway to be directly impacted by the GP activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.

Block 14. Proposed Activity Street Address. If the proposed GP activity is located at a site having a street address (not a box number), enter it in Block 14.

Block 15. Location of Proposed Activity. Enter the latitude and longitude of where the proposed GP activity is located. Indicate whether the project location provided is the center of the project or whether the project location is provided as the latitude and longitude for each of the “corners” of the project area requiring evaluation. If there are multiple sites, please list the latitude and longitude of each site (center or corners) on a separate sheet of paper and mark as Block 15.

Block 16. Other Location Descriptions. If available, provide the Tax Parcel Identification number of the site, Section, Township, and Range of the site (if known), and / or local Municipality where the site is located.

Block 17. Directions to the Site. Provide directions to the site from a known location or landmark. Include highway and street numbers as well as names. Also provide distances from known locations and any other information that would assist in locating the site. You may also provide a description of the location of the proposed GP activity, such as lot numbers, tract numbers, or you may choose to locate the proposed GP activity site from a known point (such as the right descending bank of Smith Creek, one mile downstream from the Highway 14 bridge). If a large river or stream, include the river mile of the proposed GP activity site if known. If there are multiple locations, please indicate directions to each location on a separate sheet of paper and mark as Block 17.

Block 18. Identify the Specific General Permit(s) You Propose to Use. List the number(s) of the General Permit(s) you want to use to authorize the proposed activity (e.g., GP 4).

Block 19. Description of the Proposed General Permit Activity. Describe the proposed GP activity, including the direct and indirect adverse environmental effects of the proposed activity. The description of the proposed activity should be sufficiently detailed for USACE to determine that the adverse environmental effects of the activity will be no more than minimal. Identify the materials to be used in construction, as well as the methods by which the work is to be done.

Provide drawings to show that the proposed GP activity complies with the terms of the applicable GP(s). Drawings should contain sufficient detail to provide an illustrative description of the proposed GP activity, but do not need to be detailed engineering plans. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to do. If more space is needed, attach an extra sheet of paper marked Block 19.

Block 20: Description of Proposed Mitigation Measures. Describe any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed GP activity. The description of any proposed mitigation measures should be sufficiently detailed for USACE to determine how the measures would avoid and minimize adverse environmental effects. If adverse effects exceed the New England District compensatory mitigation thresholds, you must document how compensatory mitigation would be satisfied in Block 24.

Block 21. Purpose of General Permit Activity. Describe the purpose and need for the proposed GP activity. What will it be used for and why? Also include a brief description of any related activities associated with the proposed project. Provide the approximate dates you plan to begin and complete all work.

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Block 22. Quantity of Wetlands, Streams, or Other Types of Waters Directly Affected by the Proposed General Permit Activity. For discharges of dredged or fill material into Waters of the U.S., provide the amount of wetlands, streams, or other types of waters filled, flooded, excavated, or drained by the proposed GP activity. For structures or work in Navigable Waters of the U.S. subject to Section 10 of the Rivers and Harbors Act of 1899, provide the amount of navigable waters filled, dredged, occupied by one or more structures (e.g., aids to navigation, mooring buoys) by the proposed GP activity. The area of impact includes the structures or fills with direct or indirect effects to waters of the U.S. The length of impact includes the length of a stream, including is banks, that are directly affected by the structures or fills. The duration of impact should be identified as temporary (xx days) or permanent. The impact purpose should briefly describe what structure or fill is responsible for the impact.

Block 23. Identify Any Other General Permit(s), Regional General Permit(s), or Individual Permit(s) Used to Authorize Any Part of Proposed Activity or Any Related Activity. List any other GP(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity.

For linear projects, list other separate and distant crossings of waters and wetlands authorized by these GPs that do not require PCNs. If more space is needed, attach an extra sheet of paper marked Block 23.

Block 24. Compensatory Mitigation Statement for Losses Greater Than the New England District Compensatory Mitigation Thresholds. New England District requires compensatory mitigation at a minimum one for one replacement ratio or greater for all aquatic resource losses that require a PCN and exceed the New England District Compensatory Mitigation Thresholds, unless USACE determines in writing that either some other form of mitigation is more environmentally appropriate or the adverse environmental effects of the proposed GP activity are no more than minimal without compensatory mitigation, and provides an activity specific waiver of this requirement. Describe the proposed compensatory mitigation for wetland losses greater than the New England District Compensatory Mitigation Thresholds or provide an explanation of why USACE should not require wetland compensatory mitigation for the proposed GP activity. If more space is needed, attach an extra sheet of paper marked Block 24.

Block 25. Is Any Portion of the General Permit Activity Already Complete? Describe any work that has already been completed for the GP activity.

Block 26. List the Name(s) of Any Species Listed As Endangered or Threatened under the Endangered Species Act that Might be Affected by the General Permit Activity. If you are not a federal agency, and if any listed species or designated critical habitat might be affected or is in the vicinity of the proposed GP activity, or if the proposed GP activity is located in designated critical habitat, list the name(s) of those endangered or threatened species that might be affected by the proposed GP activity or utilize the designated critical habitat that might be affected by the proposed GP activity. If you are a Federal agency, and the proposed GP activity requires a PCN, you must provide documentation demonstrating compliance with Section 7 of the Endangered Species Act.

Block 27. List Any Historic Properties that Have the Potential to be Affected by the General Permit Activity. If you are not a federal agency, and if any historic properties have the potential to be affected by the proposed GP activity, list the name(s) of those historic properties that have the potential to be affected by the proposed GP activity. Provide all relevant documentation about these historic properties in the PCN submittal. If you are a Federal agency, and the proposed GP activity requires a PCN, you must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act.

Block 28. List the Wild and Scenic River or Congressionally Designated Study River if the General Permit Activity Would Occur in such a River. If the proposed GP activity will occur in a river in the National Wild and Scenic River System or in a river officially designated by Congress as a “study river” under the Wild and Scenic Rivers Act, provide the name of the river. For a list of Wild and Scenic Rivers and study rivers, please visit http://www.rivers.gov/

Block 29. General Permit Activities that also Require Permission from the USACE Under 33 U.S.C. 408. If the proposed GP activity also requires permission from the USACE under 33 U.S.C. 408 because it will temporarily or permanently alter, occupy, or use a USACE federal authorized civil works project, indicate whether you have submitted a written request for section 408 permission from the USACE district having jurisdiction over that project.

Block 30. 401 Water Quality Certification. As described above, specify if the activity requires a 401 WQC from the certifying authority.

Block 31. Other Information Required For General Permit Pre Construction Notifications. The terms of some of the General Permits include additional information requirements for preconstruction notifications:

* Maintenance – information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals.

* Temporary Construction, Access, and Dewatering – a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions.

* Repair of Uplands Damaged by Discrete Events – documentation, such as a recent topographic survey or photographs, to justify the extent of the proposed restoration.

* Commercial Shellfish Aquaculture Activities – (1) a map showing the boundaries of the project area, with latitude and longitude coordinates for each corner of the project area; (2) the name(s) of the species that will be cultivated during the period this GP is in effect; (3) whether canopy predator nets will be used; (4) whether suspended cultivation techniques will be used; and (5) general water depths in the project area (a detailed survey is not required).Dredging – (1) a proposed sampling and analysis plan shall be provided to USACE for approval prior to its execution. Pre-application meetings are encouraged.

* Beach Nourishment – sediment grain size should be determined for the length of the beach where nourishment is proposed. The frequency and locations of sediment sampling shall be sufficient to identify the sediment composition of the beach profile. This data shall be consolidated to generate a sediment gradation curve for each sampled transect. Each sampled transect should also be identified on the project plans (drawings).

If more space is needed, attach an extra sheet of paper marked Box 31.

Proposal No. 619213-134927

A00830-20 http://www.rivers.gov/

Block 32. Signature of Applicant or Agent. The PCN must be signed by the person proposing to undertake the GP activity, and if…