A00830-610544.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 610544-135966

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DOCUMENT A00830

ARMY CORPS OF ENGINEERS

PERMIT APPLICATION

Massachusetts Department Of Transportation Highway Division Proposal No. 610544-135966

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Engineers

Environmental Scientists

Software Developers

Landscape Architects

Planners

Surveyors

1 Mercantile Street, Suite 610 / Worcester, MA 01608 / 508-792-4500

FEBRUARY 2025 www.bscgroup.com

Attn: Dan Vasconcelos

U.S. Army Corps of Engineers

Regulatory Division - New England District

696 Virginia Road

Concord, MA 01742-2751

Submitted via email

RE: Peabody - Multi-Use Path Construction of Independence Greenway At I-95 and Route 1

Section 404 Massachusetts General Permit Pre-Construction Notification (PCN)

Peabody, Massachusetts

Dear Mr. Vasconcelos, BSC Group Inc., on behalf of the City of Peabody (the applicant) is submitting this Pre-Construction Notification (PCN) requesting authorization by the U.S. Army Corps of Engineers (USACE) for the proposed Multi-Use Path Construction of Independence Greenway at I-95 and Route 1 in Peabody, Massachusetts.

The City, with construction funding from the Massachusetts Department of Transportation (MassDOT) – Highway Division and Federal Highway Administration, proposes to build a new section of trail that will extend and connect the Independence Greenway and Border-to-Boston trail network. The Project limits extend approximately 1.25 miles from Lieutenant Ross Memorial Park at the western end to Peabody Road at the eastern end, connecting two, existing Independence Greenway trailheads. The new section will typically be a 10 to 12-foot-wide paved shared-use path, with 2-foot wide grass shoulders. The majority of the Project follows either former railroad bed or existing State Highway Layout (SHLO), but a new pedestrian bridge crossing is required over US Route 1 Northbound and Southbound, as well as over Proctor Brook.

The Pre-Construction Notification is being submitted in accordance with Section 404 of the United States Clean Water Act (33 U.S.C.1251) under the General Permits (GPs) for the Commonwealth of Massachusetts for activities resulting in permanent and temporary fill to jurisdictional Waters of the United States (WOTUS). Impacts are proposed to Stream bank, Vegetated Wetlands, Waterbodies, as well as the 1% annual chance FEMA floodplain. Due to the nature of the project, impacts to WOTUS are unavoidable but the design mitigates impacts to the maximum extent practicable. Permanent and temporary impacts to WOTUS (wetlands and waterbodies) total 1,477 sf which would typically be within the threshold of a Self- Verification (SV) Notification under the GPs. However, the Project also includes the replacement of a damaged, buried culvert that pipes the intermittent portion of Proctor Brook for a distance of approximately 180 linear feet. The replacement with a slightly wider culvert in a similar alignment cannot meet the Massachusetts Stream Crossing Standards, as referenced in General Condition 31 Stream Work and Crossings & Wetland Crossings due to the need to repair and retain the existing conditions. Since the standards cannot be met, Pre-Construction Notification (PCN) authorization is being requested pursuant to GP 23: Linear Transportation Projects and Stream Crossings.

If you have any questions, please do not hesitate to contact me at dwalden@bscgroup.com or 617-896-

4529.

Sincerely, BSC Group, Inc.

Proposal No. 610544 - 135966

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1 Mercantile Street, Suite 610 / Worcester, MA 01608 / 508-792-4500

Diana Walden Senior Scientist, Senior Associate cc: Lucia DelNegro, Conservation Agent, City of Peabody Curt Bellavance, Director of Community Development, City of Peabody Kristine Chestna, MassDOT

Kevin Thompson, MassDOT Erica Larner, MassDOT Kathryn Eagan, PE, BSC Group

Enc.

Proposal No. 610544 - 135966

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Table of Contents

Peabody - Multi-Use Path Construction of Independence Greenway At I-95 and Route 1 MassDOT 610544

Pre-Construction Notification

USACE Application Form, PCN Appendix B

Attachment A Project Narrative

Attachment B USGS Locus Map Environmental Resources Map

Site Photographs FEMA FIRMette Soil Map Invasive Plants

Attachment C Wetland Delineation Forms USFWS IPaC Species List

Attachment D Historic & Cultural Review

Attachment E Project Plans Details

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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

Proposal No. 610544 - 135966

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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)

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DWalden Image

DWalden Text Box 2/3/25

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.

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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. 610544 - 135966

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Block 32. Signature of Applicant or Agent. The PCN must be signed by the person proposing to undertake the GP activity, and if applicable, the authorized party (agent) that prepared the PCN. The signature of the person proposing to undertake the GP activity shall be an affirmation that the party submitting the PCN possesses the requisite property rights to undertake the GP activity (including compliance with special conditions, mitigation, etc.).

DELINEATION OF WETLANDS, OTHER SPECIAL AQUATIC SITES, AND OTHER WATERS

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. Wetland delineations must be prepared in accordance with the current wetland delineation manual and regional supplement published by the USACE. The permittee may ask the USACE to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the USACE does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters.

The 60-day PCN review period will not start until a delineation has been completed.

DRAWINGS AND ILLUSTRATIONS

General Information.

Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are identified as a Vicinity Map, a Plan View or a Typical Cross Section Map. Identify each illustration with a figure or attachment number. For linear projects (e.g. roads, subsurface utility lines, etc.) gradient drawings should also be included. Please submit one copy of all drawings on 8½ x 11 inch plain white paper (electronic submissions preferred). Use the fewest number of sheets necessary for your drawings or illustrations. Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view, or cross section). While illustrations need not be professional (many small, private project illustrations are prepared by hand), they should be clear, accurate, and contain all necessary information.

ADDITIONAL INFORMATION AND REQUIREMENTS

For proposed GP activities that involve discharges into waters of the United States, water quality certification from the State, Tribe, or EPA must be obtained or waived. Some States, Tribes, or EPA have issued water quality certification for one or more GPs. Please check the New England District website to see if water quality certification has already been issued for the GP(s) you wish to use. For proposed GP activities in coastal states, state Coastal Zone Management Act consistency concurrence must be obtained, or a presumption of concurrence must occur. Some States have issued Coastal Zone Management Act consistency concurrences for one or more GPs. Please check the New England District website to see if Coastal Zone Management Act consistency concurrence has already been issued for the GP(s) you wish to use.

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Attachment A

MassDOT 610544 Pre-Construction Notification

Project Narrative

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BSC GROUP

MassDOT #610544

USACE Pre-Construction Notification

1. Introduction

The City of Peabody (the Applicant) is submitting this application for a Pre-Construction Notification to the U.S. Army

Corps of Engineers (USACE), pursuant to Section 404 of the United States Clean Water Act (33 U.S.C.1251) to authorize project activities associated with the construction of a new section of multi-use path to extend and connect the

Independence Greenway and Border to Boston trail network in Peabody, MA (the Project). The proposed Project has a total length of approximately 1.25 miles that will connect existing Independence Greenway trailheads from the

Lieutenant Ross Memorial Park at the western end to Peabody Road at the eastern end. The new trail section will typically be a 10 to 12-foot-wide paved shared-use path, with 2-foot-wide grass shoulders. The proposed trail will continue easterly from the Park, along an abandoned, former railroad track bed and over US Route 1 Northbound (NB) and Southbound (SB) via a new pedestrian bridge. In between the highway systems, the trail will cross an existing

Massachusetts Bay Transit Authority (MBTA) easement leased to the City (adjacent to 215 Newbury Street) and run easterly along Lowell Street. Spatial accommodations, separated lanes, and signal programming improvements will be made along Lowell Street for safer access before the route turns south and runs parallel along the toe-of-slope of the

I-95/Route 1 connector ramp embankment. A new pedestrian bridge will be constructed over Proctor Brook, and the route travels easterly along another section of the former railroad bed to reach Peabody Road. South of Lieutenant

Ross Memorial Park there is also an existing stone box culvert that requires upgrades as a result of disrepair and flooding. The Project is receiving construction funding and being supported by the Massachusetts Department of

Transportation, Highway Division (MassDOT).

The purpose of the Project is to improve bicycle and pedestrian infrastructure in and through Peabody by connecting the existing segments of the Independence Greenway, and expand an important regional trail network. The project aims to provide a more pedestrian and bicycle-friendly through-corridor in a disjointed area where on-street connections are required to continue on the existing trail sections. The overarching goals are to improve transportation and recreational options that are also compliant with the Americans with Disabilities Act (ADA). The safety component is especially necessary for access along Lowell Street where space for pedestrians and bicycles is limited and for direct access over Route 1. In addition to the major Project components, improvements include but are not limited to full depth pavement reconstruction; traffic signal upgrades; timber rail fence, retaining wall, drainage modifications, decorative lighting, safety upgrades, landscaping, pavement markings, signage, and other miscellaneous items of work.

Impacts are proposed to Stream Bank, Vegetated Wetlands, Waterbodies, and the 1% annual chance FEMA floodplain.

Due to the nature of the project, impacts to Waters of the United States (WOTUS) are unavoidable but the design mitigates impacts to the maximum extent practicable. Most of the proposed Project route occurs within previously disturbed areas such as the constructed corridor of the abandoned railroad, or State Highway Layout (SHLO). This helps mitigate impacts but also restricts the available space outside of resources or jurisdictional areas in the limits of work.

Permanent and temporary impacts to WOTUS (wetlands and waterbodies) total 1,477 sf which would typically be within the threshold of a Self-Verification Notification under the USACE General Permits (GPs) for the Commonwealth of

Massachusetts. However, the Project also includes the replacement of a damaged, buried culvert that pipes the intermittent portion of Proctor Brook for a distance of 150 linear feet. The replacement with a larger diameter culvert in a similar alignment cannot meet the Massachusetts Stream Crossing Standards, as referenced in the GP General

Conditions 31, due to the need to repair and retain the existing conditions. Daylighting the stream here would require almost 200 feet of restored channel, risking destabilization and exposing adjacent properties to increased risk of flooding. This would also impede future plans to expand the trail network and extend branches on adjacent former railroad beds. Since the standards cannot be met, Pre-Construction Notification (PCN) authorization is being requested pursuant to GP 23: Linear Transportation Projects and Stream Crossings.

A total of 132 sf of permanent vegetated wetland impacts are proposed for trail grading and replacement of the existing culvert, while 969 sf of temporary impacts are proposed for construction access. Access is necessary to replace the buried culvert, install erosion and sediment controls at the limits of work, and construct crane staging for a pedestrian bridge installation. A proposed pedestrian bridge crossing over the perennial portion of Proctor Brook will fully meet the stream crossing standards and avoid all direct impacts to the waterbody. Replacement of the buried culvert will result in 150 sf of impacts to the waterbody in the existing pipe and 40 sf and 6 cubic yards (cy) of permanent impacts

A00830 - 15 at the outlet within the channel in the intermittent portion of Proctor Brook (Stream 1). Approximately 186 sf of temporary impacts will be required for access, water control, and construction. Permanent impacts to bank will occur as a result of the culvert replacement, along with 90 lf of stone installation just at the edge of the Ordinary High Water to stabilize the trail along intermittent Stream 4.

The project encourages greater environmental stewardship, increased recreation and public health, and climate-mitigating connectivity options. Best Management Practices (BMPs) including sediment and erosion controls, will be implemented during construction to minimize adverse impacts to resource areas. Low impact development stormwater management measures have also been provided to the extent practicable to mitigate the new areas of impervious surfaces.

The following sections detail the site conditions and the proposed project activities. Please refer to Figures and site photographs in Attachment B and Project Site Plans (Attachment E) for additional information.

2. Existing Conditions

Overall Project Area

The new, proposed section of the Independence Greenway is located in the central to western portion of City of Peabody within and characterized by the dual highway system of US Route 1 and I-95. The highways and smaller roadways contribute to existing impervious surfaces and transportation corridors. The Project route also crosses through adjacent commercial development, managed/developed open space, and residential land use. The adjacent businesses consist of nursery/garden centers, restaurants, coffee shops, and fitness centers among others. Additional notable features include the Temple Beth El Cemetery in the eastern portion of the trail route, the Peabody High School in the vicinity of the on-roadway segment, and Lieutenant Ross Park to the west. Deciduous upland forests, forested wetlands, and emergent marsh wetlands are also present along the route. Soils within the Project limits are mapped as Udorthents

(western limits), Urban land (on-roadway portions), Freetown or Swansea muck (larger adjacent wetland systems), Hinckley (along I-95 buffer), and Merrimac-Urban land complex (eastern extents).

The western end of the Project begins approximately 200 feet east of Johnson Street and joins the existing trailhead at Lieutenant Ross Park, which is an 11 to 12 acre municipal parcel with playgrounds, parking, multiple managed ball fields, and pockets of forested vegetation. The Park is located north of both Pine Street and the former, abandoned railroad bed. The railroad bed consists of a ballast berm, and includes a remaining set of tracks and ties in most locations. The City of Peabody holds a 99-year lease agreement over the railroad bed with an approximately 65-foot-wide right-of-way (ROW). Brushy vegetation is present along the bed as it continues east and to the south of the Pine

Street Peabody Municipal Light Plant electrical substation. It passes through a large wetland system on either side of the embankment with municipally-owned Larabee Conservation Land to the north. The rail bed transitions from having no embankment, to having an embankment with side slopes that grade down to wetlands to the left and right at roughly a 2:1 slope. The corridor then intersects with Route 1, falling under MassDOT Right-of-Way and State Highway Layout

(SHLO) jurisdiction.

US Route 1 is a four-lane, median-divided, highway with a speed limit of 50 mph in the Project corridor. A pedestrian bridge will ramp up from the railroad bed, cross both barrels of Route 1 and ramp down to an existing MBTA property, which the City also holds via a 99-year lease agreement, adjacent to 215 Newbury Street.

The next area consists of on-road accommodations and improvement extending along Lowell Street from the Newbury

Street property and Route 1 ramps to Bourbon Street. Lowell Street is designated as an urban minor arterial road under

MassDOT jurisdiction and generally runs in a westerly-easterly direction within the project limits. The curb-to-curb width of pavement along this section of roadway is approximately 45 feet. A sidewalk is present on the north side of Lowell

Street which narrows under the overpass, and there are no designated bicycle facilities or public transit routes along this section. This route also intersects with the Border to Boston trailhead through the Kristen Crowley spur just west of the I-95 overpass. I-95 is an eight-lane, median-divided, interstate highway in the project corridor with a speed limit of 65 mph. After passing under the overpass, the route will turn south from Lowell Street and return to cross-country

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MassDOT ROW and SHLO with a steep 2:1 slope leading from the highway and brushy vegetation. The route will cross an easement on the Temple Beth El Cemetery parcel (520 Lowell Street) and over a new pedestrian bridge crossing over Proctor Brook. The easement over the cemetery parcel is mostly forested at both approaches to the stream crossing and consists of adjacent wetland and upland communities. The trail route will return to the former railroad bed which consists of an approximately 85-foot wide, City-owned ROW. The bed remains bermed with track ballast but does not contain track or ties. The route continues to the east and parallel to Proctor Brook until it connects with

Peabody Road and the existing trailhead of the Independence Greenway. A residential neighborhood is located on the southern side of the former railbed with a wooden fence between the residences and railbed in most locations.

There are several utilities located within portions of the Project corridor, including drain, sewer, gas, water, telecommunications, and electrical. Sewer lines cross under or adjacent to the proposed pathway in portions of the route.

The Project limits of work total approximately 7.07 acres. Approximately one-quarter of this is existing impervious surfaces, while a majority of the remainder of the Project corridor follows existing abandoned railbed.

Watershed and Drainage

All wetlands and drainage in the Project area are associated with Proctor Brook, which is located within the North River watershed. The waterway generally flows west to east, before discharging into the North River, and then into Beverly

Harbor more than 2 miles southeast of the project area. According to the USGS StreamStats Report for this area, Proctor Brook is categorized as an intermittent stream (as defined under the Massachusetts Wetlands Protection Act), until just east of the I-95 crossing. USGS Streamstats confirmed that the drainage area is 0.41 square miles (less than

½ square mile) between Route 1 and I-95. The drainage area increases to 0.72 square miles by the eastern end of the project limits. All resources are inland, freshwater systems and the Project is not within the Coastal Zone as mapped by the Massachusetts Office of Coastal Zone Management.

Within the Project limits, Proctor Brook first daylights from a 24-inch corrugated plastic pipe (CPP) under Pine Street.

Based on site observations, Proctor Brook then enters an 8” stone channel where it is directed into a 12” cast iron (CI) pipe, that outfalls just north of the proposed path. The system consists of 180 linear feet of buried, piped stream. In early 2024, during a period of significant and frequent rainfall, flooding occurred in the vicinity of the buried culvert.

The flooding exposed a small portion of the existing culvert, confirming it is generally located where record plans indicate. Proctor Brook then flows under the Peabody Municipal Light Plant (PMLP) substation and enters the Larabee

Conservation Area. Further east down the abandoned railbed, the brook crosses under the railbed via a 36-inch corrugated metal pipe (CMP) and discharges to another wetland area. Proctor Brook enters the closed drainage system near 202 Newbury Street into a 54-inch CMP. The closed drainage system daylights between Route 1 NB and the I-95

SB Connector. The flow then re-enters a closed system via 54” RCP and is directed eastward, under the I-95 Connecter and I-95 SB and NB. Additional runoff from Route 1 and Interstate 95 connect into this closed system. Ultimately

Proctor Brook and the associated highway runoff discharges to a headwall east of the I-95 NB ramp via a 60-inch CMP, just upstream of the proposed Proctor Brook crossing.

The Project area includes a combination of undeveloped areas without stormwater or drainage systems and formalized drainage along the on-roadway route. The western alignment generally sheet-flows runoff to nearby wetlands that connect to the intermittent portion of Proctor Brook. With cross country route and SHLO comprising the majority of the

Project limits, there are no known drainage points identified as part of the municipal separate storm sewer system

(MS4). Stormwater drainage along the Project route is not part of a Combined Sewer Overflow (CSO). Lowell Street utilizes a closed drainage system that captures run off from the roadway and transports it to the base of the embankment on the east side of I-95 NB in two locations.

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3. Jurisdictional Waters of the United States

Wetlands were delineated along the project limits of the Greenway route in January 2021, November 2021, October

2022, and March 2024 by BSC Wetland Scientists. Wetland and water resources were evaluated for federal jurisdiction using the United States Army Corps of Engineers (USACE) Wetland Delineation Manual (Environmental Laboratory, January 1987) (“1987 Manual”) and the USACE Regional Supplement to the Corps of Engineers Wetland Delineation

Manual: Northcentral and Northeast Region (version 2.0) (USACE Supplement) (January 2012). Jurisdictional waters of the US (WOTUS) include Vegetated Wetlands, Bank, and a waterbody (Proctor Brook).

Wetland resources were delineated in accordance with the definitions and protocols established in the regulations and materials listed. BSC wetland scientists placed sequentially numbered flagging tape for Vegetated Wetlands as well as

Bank/Ordinary High Water for streams, for all observable resources in the investigated areas. Flag locations were recorded with a handheld Trimble GPS with submeter accuracy and supplemented with field survey. Wetland data was collected to document the vegetation, soils, hydrology observed.

Existing conditions, wetlands, waterbodies and environmental constraints in relation to the proposed activities are shown in the Environmental Resources figures in Attachment B and Plan Set in Attachment E. The Construction Plan subset (Sheets 1-14) located after the typical sections best represent the project impacts to WOTUS.

Waterways / Streams

All delineated streams and waterways have streambed and bank. The Ordinary High Water line is generally defined by bankfull conditions which is the line that is apparent from visible markings or changes in the character of soils or vegetation due to the prolonged presence of water and that distinguishes between predominantly aquatic and predominantly terrestrial land. Streams are characterized as intermittent and perennial in the specific descriptions below.

Stream S-1, S-2, and S-7 (Proctor Brook)

As described in the Watershed section, the Project is in the drainage basin for Proctor Brook and the stream flows west to southeast from the area of Pine Street past the eastern project limits at Peabody Road. The mapping and drainage area size indicate that the stream is intermittent to the west of the Route 1 and I-95 crossing and becomes perennial east of the highways. Proctor Brook was demarcated by S-1 series flags where it daylights from a underground culvert at the railbed embankment and flows east past the electrical substation. The channel is approximately 5 to 8 feet wide with a silty sand substrate. The stream crosses the railbed and Project limits again, closer to Route 1. This portion of the stream is demarcated by the S-2 series of flags. The channel is narrower at 4 to 5 feet wide with an organic muck substrate in a large, open marsh.

Towards the Project’s eastern limits, the OHW line of the perennial portion of Proctor Brook was demarcated with S-7 series flags where the waterway daylights east of the highway crossings and flows parallel to and south of, the Temple Beth EI Cemetery. The riverbanks here consist of low, channelized embankments with significant undercutting. The banks are overhung by mixed deciduous trees, shrubs, and vines including: red maple (Acer rubrum), Eastern white pine (Pinus strobus), multiflora rose (Rosa multiflora), and Asiatic bittersweet (Celastrus orbiculatus). According to the USGS StreamStats Report for this area, the bankfull width is 12.6-feet, while field measurements average just under 20-feet-wide. Immediately upstream and downstream of the crossing, the bankfull channel width averages 34-feet-wide. The substrate consisted of a silty muck and observed water depths were between 6-12 inches with isolated spots up to 2 feet. The USGS

StreamStats report estimated the stream depth as approximately 0.8 feet during bankfull conditions. The profile elevation at the crossing also puts the water depth at approximately 1.5 feet during times of Ordinary

High Water. The perennial section of the stream is approximately 1,065 linear feet in length in the project area before entering another culvert under Peabody Road.

Stream (S-4) Intermittent Tributary to Proctor Brook

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Stream S-4 is an unnamed tributary to Proctor Brook which runs parallel to I-95 and west of Beth El Cemetery.

The stream is altered with relatively straight banks, receives drainage and stormwater, and is hydrologically connected to Proctor Brook through a culvert flowing directly south. The stream generally flows from north to south and is approximately 5- to 7-feet-wide within the project area. The streambed is characterized by a sandy/silt substrate. The banks are well-vegetated and well-defined in this area, generally dominated by forested vegetation, multiflora rose, and herbaceous growth. It is likely the stream was straightened and altered in the past and part of the local stormwater drainage watershed. The stream is also bordered by

Wetland 6 where it enters the southern culvert.

Stream (S-5) Intermittent Tributary to S-4

Stream S-5 is an unnamed tributary to stream S-4 and eventually Proctor Brook. The stream drains east to west from Wetland 5 and connects to S-4 via a culvert. The stream and wetland are located beyond the project limits but within 100 feet. The stream is approximately 2 to 3 feet-wide and the streambed is characterized by a mucky/silt substrate. The banks are well-vegetated, generally dominated by forested vegetation, such as paper birch (Betula papyrifera), and red maple. Common reed (Phragmites australis) is present in the adjacent wetland and the area contains dense Asiatic bittersweet vines.

Stream (S-9) Intermittent Tributary to Proctor Brook

Stream S-9 is an unnamed tributary to Proctor Brook which is hydrologically connected via a culvert beneath a service road near the Clark Road neighborhood. The feature generally flows from south to north and the streambed is a concrete-lined open culvert. While the stream has been altered and is part of the drainage system, it appears to flow from an upstream wetland and was characterized as a jurisdictional feature.

Stormwater Connections

Drainage Swale (S3)

This feature was identified as a manmade drainage swale that is hydrologically connected to the stream demarcated by the S-4 flag series. Flow to the swale originates from a headwall and pipe outlet that directs drainage from I-95 and Lowell Street. The outlet is highly clogged with sediment and appears to sheet flow during rain events for approximately 200 feet before developing into a channelized swale feature. This portion was flagged with the S3 series in order to identify and evaluate the feature, however, a clear OHW mark was not identified. The swale continues for another 170 linear feet before draining to S-4. It was determined that the feature is upgradient of all wetlands, drains uplands, and part of the stormwater and drainage system.

Water is present during high flow storm events and the bottom of the swale is characterized by a muck/silt substrate.

Drainage Swale S-8

This feature was identified as a short, manmade or eroded drainage swale that is hydrologically connected to

Proctor Brook at the S-7 flag series. It was flagged with the S-8 series in order to identify and evaluate the feature, however, a clear OHW mark was not identified. It was determined that the feature is upgradient of all wetlands, drains uplands, and is part of the stormwater and drainage system with flow originating from a catch basin on Clark Rd. The bottom of the swale is characterized by silty/sand substrate.

Vegetated Wetlands

Vegetated wetland delineation forms are provided in Attachment C:

The delineated resources are described in order from the western to the eastern limits of the Project route:

Wetland 1 (PEM/PSS)

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Wetland 1, a flooded, palustrine emergent (PEM) wetland with partial scrub shrub (PSS communities, is located west of the Pine St Substation and is associated with a…