A00831-610544.pdf

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

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DOCUMENT A00831

ARMY CORPS OF ENGINEERS

GENERAL PERMIT

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

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Regulatory Division Transportation & Utility Section

NAE-2024-01390

Curt Bellavance City of Peabody 24 Lowell Street Peabody, Massachusetts 01960 Via Email: curt.bellavance@peabody-ma.gov

Erica Larner MassDOT – Highway Division 10 Park Plaza Boston, Massachusetts 02116 Via Email: erica.n.larner@dot.state.ma.us

Dear Mr. Bellavance and Ms. Larner:

This letter is in response to the application you submitted to the U.S. Army Corps of Engineers (USACE), New England District, on February 5, 2025, for a Department of the Army general permit verification. We have assigned this project file number NAE- 2024-01390, which you should reference in all correspondence with this office.

A review of the information provided indicates the proposed work includes the permanent discharge of fill material within 190 square feet below the Ordinary High Water (OHW) mark of Proctor Brook, and within 132 square feet of wetlands, associated with the construction of a 1.25-mile long section of the Independence Greenway rail trail, at Latitude 42.534280º and Longitude -70.943650º, in Peabody, Essex County, Massachusetts. The trail will follow an existing abandoned rail bed where available and connect existing trails on either end. The trail will be paved beginning at Lieutenant Ross Memorial Park at the western end and ending at Peabody Road at the eastern end. An existing, buried culvert conveying Proctor Brook below the trail will be replaced with a new culvert. The existing culvert consists of an approximately 30' long, 8”x24” stone box culvert that discharges to an approximately 150’ long, 12” cast iron pipe for a total of approximately 180'. The proposed culvert is a 36" HDPE pipe culvert with a 28’ long section connected to a 134’ long section via a manhole structure, in a similar alignment to the existing culvert, with flared end sections and stone scour protection over-topped with natural streambed material at the inlet and outlet, for a total system length of 195'. The old culvert will be plugged/ abandoned. A second crossing of Proctor Brook will consist of a bridge span. The project also includes temporary impacts within 186 square feet below OHW and within 969 square

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A00831 - 3 feet of wetlands associated with temporary access and water control. The work is shown on the enclosed plans titled “MASSACHUSETTS DEPARTMENT OF

TRANSPORTATION HIGHWAY DIVISION PLAN AND PROFILE OF INDEPENDENCE

GREENWAY (BRIDGE NO. P-03-018 (CFC) & P-03-028 (CFD)) IN THE CITY OF

PEABODY ESSEX COUNTY,” on 29 sheets, and dated 3/13/2025.

Based on the information you have provided, we verify that the activity is authorized under General Permit 23 of the June 2, 2023, federal permit known as the Massachusetts General Permits (GPs). If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised application must be submitted to this office for written approval before work is initiated. You can find a copy of these permits at: https://www.nae.usace.army.mil/Missions/Regulatory/State-General- Permits/.

Any deviation from the terms and conditions of the permit, or your submitted plans, may subject the permittee to the enforcement provisions of our regulations. Therefore, in the event changes to this project are contemplated, it is recommended you coordinate with this office prior to proceeding with the work. This office must approve any changes before you undertake them. You must perform this work in compliance with the terms and conditions of the GPs listed above, and also in compliance with the following special conditions:

Project Specific Special Conditions:

1. The permittee shall complete and return the enclosed Work-Start Notification Form to this office at least two weeks prior to the anticipated construction start date.

2. The permittee shall complete and return the enclosed Completion Certification Form to this office at least one month following the completion of the authorized work.

3. All construction shall be completed in accordance with the limits of construction and construction sequences detailed on the enclosed plan drawings, titled

“MASSACHUSETTS DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION

PLAN AND PROFILE OF INDEPENDENCE GREENWAY (BRIDGE NO. P-03-018

(CFC) & P-03-028 (CFD)) IN THE CITY OF PEABODY ESSEX COUNTY,” on 29 sheets, and dated 3/13/2025. If you change the plans or construction methods for work within or adjacent to Proctor Brook, please contact us immediately to discuss modification of this authorization. USACE must approve any changes before you undertake them.

This verification is valid until June 1, 2028. You must commence or be under contract to commence the work authorized herein by June 1, 2028 and complete the work by June 1, 2029. If not, you must contact this office to determine the need for further authorization before beginning or continuing the activity. It is recommended that you contact this office before this authorization expires to discuss if permit reissuance is a possibility.

Proposal No. 610544 - 135966

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This GP verification and any associated authorizations does not preclude the necessity to obtain any other federal, state, or local permits, licenses, and/or certifications, which may be required.

If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Dan Vasconcelos, Project Manager, at 978-318-8653, or by email at daniel.b.vasconcelos@usace.army.mil. This agency continually strives to improve our customer service. To better serve you, please complete the Customer Service Survey located at:

https://regulatory.ops.usace.army.mil/customer-service-survey/.

Sincerely, Stephen Rochette Acting Chief, Technical Support Branch Regulatory Division

Enclosures cc (w/enclosures):

Ed Reiner, U.S. EPA, Region 1 (via reiner.ed@epa.gov) Heidi Davis, MassDEP (via heidi.davis@mass.gov) Peabody Conservation Commission (via lucia.delnegro@peabody-ma.gov)

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Work-Start Notification Form

File Number: NAE-2024-01390 State: Massachusetts County: Essex

Permittee: City of Peabody, Curt Bellavance Date Verification Issued: 4/1/2025 Project Manager: Dan Vasconcelos

At least two weeks prior to commencing the activity authorized by this permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS

New England District

Attn: Dan Vasconcelos 696 Virginia Road

Concord, MA 01742 or daniel.b.vasconcelos@usace.army.mil and cenae-r-tu@usace.army.mil 978-318-8653

Please note that your permitted activity is subject to a compliance inspection by a U. S.

Army Corps of Engineers (USACE) representative. Failure to comply with any terms or conditions of this authorization may result in the USACE suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

The people (e.g. contractor) listed below will do the work, and they understand the permit’s conditions and limitations.

Contractor Name/Contractor Firm: _______________________________________ Business Address: ____________________________________________________ Contractor Phone and Email: ___________________________________________

Proposed Construction Dates: Start: _____________ Finish: ___________

Signature of Permittee Date

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Compliance Certification Form

File Number: NAE-2024-01390 State: Massachusetts County: Essex

Permittee: City of Peabody, Curt Bellavance Date Verification Issued: 4/1/2025 Project Manager: Dan Vasconcelos

Within one month of completion of the activity authorized by this permit and any mitigation required by the permit (you must submit this form after mitigation is complete, but not the mitigation monitoring, which requires separate submittals), sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS

New England District

Attn: Dan Vasconcelos 696 Virginia Road

Concord, MA 01742 or daniel.b.vasconcelos@usace.army.mil cenae-r-tu@usace.army.mil

Please note that your permitted activity is subject to a compliance inspection by a U. S.

Army Corps of Engineers (USACE) representative. Failure to comply with any terms or conditions of this authorization may result in the USACE suspending, modifying, or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions.

Date Authorized Work Started: ___________ Completed: ___________

Describe any deviations from permit (attach drawing(s) depicting the deviations):

*Note: The description of any deviations on this form does not constitute approval by the USACE.

Signature of Permittee Date

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General Permit No.: NAE-2022-02649 Applicant: General Public, Commonwealth of Massachusetts

Final Effective Date: June 2, 2023 Expiration Date: June 1, 2028

Department of the Army General Permits for the Commonwealth of Massachusetts

The New England District of the U.S. Army Corps of Engineers (USACE) hereby issues twenty-five

(25) regional general permits (GPs) for activities subject to USACE jurisdiction in waters of the U.S., including wetlands, navigable waters within the Commonwealth of Massachusetts and adjacent ocean waters to the seaward limit of the outer continental shelf. The Massachusetts GPs (hereafter referred to as the MA GP or GP) are issued in accordance with USACE regulations at 33 CFR 320 – 332 [see 33 CFR 325.5(c)(1)]. These GPs establish criteria and contain permit conditions to ensure that the authorized activities have no more than minimal individual and cumulative adverse impacts to the environment.

This document contains the following sections: Pages SECTION I Statutory Authorities & Regulated Activities 2 SECTION II Review Categories & Application Procedures 3-7 SECTION III Massachusetts General Permits 8-34 SECTION IV General Conditions 35-51 SECTION V Mitigation Standards 52-54 SECTION VI Federal & State Agency Contact Information & Websites 55-56 SECTION VII Definitions & Acronyms 57-66

APPENDIX A Guidance for Section 106 NHPA Compliance in Massachusetts 67-71 APPENDIX B Pre-Construction Notification 72-77 APPENDIX C Self-Verification Notification 78-81 APPENDIX D Pre-Construction Notification Application Checklist 82-88

In issuing these GPs, the Federal Government does not assume any liability for the following:

(a) damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes; (b) damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S. in the public interest; (c) damages to persons, property or to other permitted or unpermitted activities or structures caused by the activity authorized by any of the GPs; (d) design or construction deficiencies associated with the permitted work; or (e) damage claims associated with any future modification, suspension or revocation of these permits.

Tammy R. Turley Date Chief, Regulatory Division

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SECTION I. STATUTORY AUTHORITES & REGULATED ACTIVITIES

1. Work Requiring USACE Authorization

a. Section 10: Work and structures that are located in, over, under or that affect navigable waters of the United States (U.S.) (see 33 CFR 329). The USACE regulates these activities under section 10 of the Rivers and Harbors Act of 1899 (see 33 CFR 322).

b. Section 404: The discharge of dredged or fill material into waters of the U.S (see 33 CFR 328).

The USACE regulates these activities under Section 404 of the Clean Water Act (CWA). The term “discharge of dredged or fill material” also includes certain discharges resulting from excavation.

Applicants should contact USACE to determine if a particular excavation discharge occurring within waters of the U.S., is a regulated activity. See 33 CFR 323.4 of the CWA for exempted activities.

For additional information on the limits of USACE jurisdiction, please see:

https://www.nae.usace.army.mil/Portals/74/docs/regulatory/JurisdictionalLimits/Jurisdictional_Limit s_Brochure.pdf

2. Authority to Issue General Permits

a. In accordance with 33 CFR 322.2(f), 325.2(e)(2), and 325.5(c), USACE may issue regional general permits authorizing activities under Section 10 of the RHA.

b. In accordance with Section 404(e) of the CWA, 33 USC 1344(e), and 33 CFR 323.2(h), 325.2(e)(2), and 325.5(c), after notice and opportunity for public hearing, USACE may issue regional general permits for any category of activities involving discharges of dredged or fill material if the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will only have minimal cumulative adverse effect on the environment.

3. Related Laws

33 CFR 320.3 includes a list of related laws including, but not limited to, Section 408 of the Rivers and Harbors Act of 1899, Section 401 of the Clean Water Act, Section 402 of the Clean Water Act, Section 307(c) of the Coastal Zone Management Act of 1972, Section 106 of the National Historic Preservation Act of 1966, Section 7 of the Endangered Species Act, the Fish and Wildlife Coordination Act of 1956, the Magnuson-Stevens Fishery Conservation and Management Act, the Fish and Wildlife Coordination Act, Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, Section 7(a) of the Wild and Scenic Rivers Act, the Golden Eagle Protection Act, and the Migratory Bird Treaty Act.

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SECTION II. REVIEW CATEGORIES & APPLICATION PROCEDURES

To qualify under these GPs, the design, construction, and maintenance associated with each proposed activity must meet the terms and eligibility criteria listed in Section III, all applicable general conditions (GCs) in Section IV, and any specific mitigation requirements in Section V.

Applicants should first review the GPs to see if a project is eligible for authorization under one or more of the GPs within this document. Any activity not specifically listed may still be eligible for authorization under these GPs; applicants are advised to contact USACE for specific eligibility determination.

Please note that these GPs allow for Self-Verification (SV) contingent upon meeting all criteria and with full adherence to all GCs. Projects that do not qualify for SV, may meet criteria for Pre- Constriction Notification (PCN). Tables are provided under each activity, which outline criteria for SV and PCN. Activities that do not meet criteria for SV or PCN may require review as an Individual Permit (IP). Activities may require a PCN or IP as noted in Sections III and/or IV of this GP.

Notwithstanding compliance with the terms of these GPs, USACE retains discretionary authority to require either PCN review or IP review on a case-by-case basis for any project based on concerns for the environment or for any of the other public interest factors found in 33 CFR 320.4(a). These GPs also do not replace or change those activities identified as exempt from USACE regulation (33

CFR 323.4).

1. Pre-Application Assistance Prospective applicants may request a pre-application meeting to address any questions they may have. USACE may also request a pre-application meeting or additional information to facilitate review of the request. Pre-application meetings and/or site visits help streamline the authorization process by alerting the prospective applicant to potentially time-consuming factors that may arise during the evaluation of their project (e.g., avoidance, minimization and compensatory mitigation requirements, historic properties, endangered species, essential fish habitat, impacts to federal projects, and/or dredging of contaminated sediments).

To schedule a pre-application meeting, present questions, or if you need further assistance, please contact USACE at:

Email: cenae-r-ma@usace.army.mil (strongly preferred) Phone: (978) 318-8338 Mail: U.S. Army Corps of Engineers New England District Regulatory Division, Massachusetts Section 696 Virginia Road Concord, MA 01742

2. Submitting a Request

Please follow the procedures outlined in Sections II.2-5 when requesting an SV or applying for PCN authorization for activities covered by these GPs. The GPs are provided in Section III below.

For SV-eligible projects, the Self-Verification Notification (SVN) must be submitted within 30 days of commencing work. Otherwise, a Pre-Construction Notification (PCN) must be submitted for work that is not SV-eligible. Please include appropriate drawings and attachments and submit your request using the mailbox identified in Section II.4 or II.5 below. USACE will promptly confirm receipt of your request and notify you in the event additional information is required. Guidance on

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https://www.nae.usace.army.mil/Missions/Regulatory/Submitting-Electronic-Correspondence.

3. Local, State & Federal Approvals

Applicants are responsible for applying for and obtaining any required local, state, and federal permits or approvals. These must be obtained prior to the commencement of work in waters. Such authorizations may include a Water Quality Certification, a Coastal Zone Management Act consistency determination, and other approvals as noted below. Authorization under these GPs does not obviate the need for the permittee to obtain other Federal, State, or local permits, approvals, or authorizations required by law.

I. Water Quality Certification under Section 401 of the Federal Clean Water Act (33 USC 1341).

Applicants are responsible for determining the appropriate 401 Water quality Certification (WQC) requirements and submitting this information to the USACE at the time of their PCN application or when completing their SVN. Applicants that are unsure of whether their activity has been certified should contact MassDEP, or EPA Region 1 when the activity is located on tribal lands, for a determination. The 401 WQC requirement must be satisfied by acquiring one of the following WQCs from MassDEP (see GC 8):

General 401 WQC: The MassDEP issued a WQC on April 21, 2023 conditionally certifies all activities in GPs 1 – 24 eligible for SV and PCN so long as the activity is described in 314 CMR 9.03, and is not an activity described in 314 CMR 9.04, and so long as the activity meets all other requirements, terms and conditions of this WQC. The MassDEP WQC also conditionally certifies activities described in GP 25 so long as the activity meets all other conditions of the WQC. Emergency projects described in GP 25 must obtain an emergency certification or otherwise be authorized pursuant to 310 CMR 10.06, qualify under a Severe Weather Emergency Declaration pursuant to 310 CMR 10.06(8) issued by the MassDEP, or meet the requirements of 9.12(2) or (3) in order to be certified under the WQC Applicants should refer to the following link to determine if their activity is eligible:

https://www.nae.usace.army.mil/Missions/Regulatory/ State-General-Permits/ Massachusetts- General-Permit/. If eligible, you must comply with all applicable WQC conditions. Activities listed in 314 CMR 9.03 that are not exempt from the Wetland Protection Act must have a valid Final Order of Conditions (OOC) or Final Restoration Order of Conditions pursuant to 310 CMR

10.00 to be eligible under the General 401 WQC.

Individual 401 WQC: In the event the proposed activity is not covered by the general WQC, applicants shall contact MassDEP and apply for an individual 401 WQC if their activity does not qualify for a General 401 WQC as outlined above. MassDEP may issue, waive, or deny the individual 401 WQC on a case-by-case basis. All activities listed in 314 CMR 9.04 must obtain an individual 401 WQC from MassDEP to be eligible under these GPs. When an Individual 401 WQC is required for PCN activities, the applicant shall submit their Individual 401 WQC application concurrently to MassDEP and the USACE to comply with 40 CFR 121.

Activities Proposed on Tribal Lands: When an activity is proposed on Tribal lands, the applicant shall refer to the general 401 WQCs granted by the Environmental Protection Agency (EPA), Region 1 on May 15, 2023. These 401 WQCs are located on the USACE Regulatory website:

https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Massachusetts- General-Permit/.

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II. Coastal Zone Management Act Federal Consistency Concurrence pursuant to Section 307 of the CZMA of 1972, as amended. Federal consistency concurrence is required for all activities located within the coastal zone, unless determined otherwise by the Massachusetts Office of Coastal Zone Management (MA CZM) (see GC 9). As applicable, this requirement must be satisfied by acquiring one of the following from the MA CZM:

General CZM Federal Consistency Concurrence (General Concurrence): MA CZM has granted General Concurrence for all SV and PCN activities for GPs 1-25 and this can be found at: https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Massachusetts -General-Permit/. The applicant must obtain all applicable permits and approvals prior to the commencement of work in USACE jurisdiction (i.e., construction begins on site). For SVs, General Concurrence is automatically granted and no further action is required from the applicant. For PCNs, the USACE will coordinate with MA CZM to acquire General Concurrence as part of the PCN application review. During review of the PCN application, USACE may request additional information from the applicant to support CZM’s evaluation of the activity.

Individual CZM Federal Consistency Concurrence (Individual Concurrence): In certain cases, MA CZM may elevate any GP activity 1-25 to require Individual Concurrence. The applicant must contact MA CZM and follow the procedures to obtain Individual Concurrence as determined appropriate by MA CZM.

The MA CZM program includes five regional offices that serve 78 coastal municipalities. The following map provides more information about these offices: https://www.mass.gov/service-details/czm-regions-coastal-communities-and-coastal-zone-boundary

III. Other Approvals: Approvals typically required in Massachusetts include, but are not limited to, a Chapter 91 Permit/License, Massachusetts Environmental Protection Act (MEPA) review, Wetlands Protection Act Order of Conditions, and/or Aquaculture Certification. Applicants should also be aware that USACE may not be able to render a permit decision in the event the proposed activity is denied by another local, state and/or federal agency.

4. Procedures for Self-Verification (SV) Eligible Projects If the activity is eligible for an SV, the Self-Verification Notification (SVN) must be completed prior to the start of project construction and submitted to USACE within 30 days of commencing work.

The purpose of the SVN is to provide applicants with a tool to assist them when determining if the activity as proposed is SV-eligible. The following GPs do not require submission of the SVN: GP 1 (SV #1), GP 3 (SV #2-3), GP 4 (SV #2), GP 11, GP 12 (note #2), GP 14 (see note), GP 15 (see note), and GP 24 (SV #3). For the activities not listed above, the SVN must be completed prior to the start of work and be kept on site at all times during project construction. The applicant shall not begin work for SV-eligible activities until they have completely verified the bulleted items below.

Digital submittals by email are strongly encouraged to facilitate the most efficient processing of the SVN submittal. Please communicate with USACE staff if you are unable to provide a digital copy. Addresses are cenae-r-ma-sv@usace.army.mil (email) or Regulatory Division, U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751 (mail).

Eligible SV Activities:

• Are subject to USACE jurisdiction (see GC 2); and

• Qualify for one or more of the GPs within this document (Section III); and

• Meet the GCs within this document (Section IV); and

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• When required, are supported by a complete SVN (Appendix C); and

• Receive all other required local, State, and/or Federal approvals.

5. Procedures for Pre-Construction Notification (PCN) Eligible Projects For activities that require a PCN, an application to and written authorization from USACE is required. No work requiring a PCN may proceed until the applicant receives written authorization from USACE verifying that the activity is authorized. The verification letter may include special conditions that the applicant must comply with. When possible, it is highly recommended that PCN application materials are submitted at least 90 days before the target start date to allow for USACE evaluation and any necessary agency consultations. PCN applications shall demonstrate in writing how the proposed activity complies with all GCs, as applicable to their activity.

Digital submittals by email are strongly encouraged to facilitate the most efficient processing of the PCN application. Please communicate with USACE staff if you are unable to provide a digital copy. Addresses are cenae-r-ma@usace.army.mil or Regulatory Division, U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751 (mail).

Eligible PCN Activities:

• Are subject to USACE jurisdiction (see GC 2); and

• Qualify for one or more of the GPs within this document (Section III); and

• Meet the GCs within this document (Section IV); and

• Comply with the Mitigation Standards within this document (Section V); and

• Are supported by a complete PCN document (Appendix B); and

• When required, are supported by the submittal of project information to the appropriate parties identified in Appendix A; and

• Receive all other required local, State, and/or Federal approvals.

6. Interagency Review Procedures The USACE reserves the opportunity to coordinate PCN activities with Federal and State agencies to ensure that the proposed activity results in no more than a minimal impact to the aquatic environment. In some cases, USACE may require project modifications involving avoidance, minimization, and/or compensatory mitigation for unavoidable impacts to ensure the net effects of a project are minimal. The USACE determines, after review and coordination with the agencies and/or the applicant, if PCN applications:

a. Meet the terms and conditions of the GP as proposed;

b. Require additional information;

c. Require avoidance, minimization, compensatory mitigation, construction sequencing, project modification, or other special conditions to avoid or minimize adverse impacts to the aquatic environment;

d. Require individual permit review regardless of whether the terms and GCs of these GPs are met, based on concerns for the aquatic environment or any other factor of the public interest (see Section 9 below).

For activities requiring a PCN, the applicant must wait for written authorization from USACE before commencing activities in waters of the U.S. Beginning work for PCN required activities without a USACE written authorization is a violation of these GPs, and the terms and conditions of this document. The applicant may be subjected to an enforcement action by USACE and/or the Environmental Protection Agency (EPA).

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7. Construction of Solid Fill Structures and Fills Along the Coastline or Baseline from Which the Territorial Sea is Measured.

Projects involving the construction of solid fill structures or discharge of fill that may extend beyond the coastline or the baseline from which the territorial sea is measured (i.e., mean low water) will require a PCN. The USACE will submit a description of the proposed work and a copy of the plans to the Solicitor, Department of the Interior, Washington, DC 20240, and request comments concerning the effects of the proposed work on the outer continental rights of the United States.

These comments will be included in the administrative record of the application. After completion of permit review, the record will be forwarded to the Chief of Engineers. The decision on the application will be made by the Secretary of the Army after coordination with the Attorney General.

8. Emergency Activities Per 33 CFR 325.2(e)(4), an emergency is limited to a situation that would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process an application under standard procedures. Emergency work shall be limited to that which is necessary to stabilize and secure the situation. Additional work needed for final repairs shall not be completed until approval is obtained through the appropriate, non-emergency process. Emergency work is subject to the same terms and conditions of these GPs as non-emergency work, and similarly, must qualify for authorization under these GPs; otherwise, an IP is required. See GP 25 Emergency Situations for additional information.

9. Individual Permit Projects that do not meet the terms and conditions of this GP may require review as an IP (33 CFR

325.5 (b)). Proposed work in this category will require a separate Federal application for an individual permit from USACE (33 CFR 325.1). In addition, USACE retains discretionary authority on a case-by-case basis to elevate GP-eligible activities to an IP based on concerns for the environment or any other factor of the public interest (33 CFR 320.4 (a)). Applicants are required to submit the appropriate application materials directly to USACE as early as possible to expedite the permit review process. General information and application forms can be obtained at our website or by contacting our office at cenae-r-ma@usace.army.mil or (978) 318-8338. Individual 401 WQC and/or CZMA Federal consistency concurrence from the appropriate MA agencies are required before USACE can issue an individual permit. Applying for an IP does not relieve the applicant from their obligation to obtain all required Federal, State and/or local approvals.

10. Compliance Applicants shall ensure compliance with all applicable GPs in Section III, GCs in Section IV, and any special conditions included in USACE verification letters. Noncompliance with these GPs, GCs, and special conditions may subject the applicant to criminal, civil, or administrative penalties, and/or an ordered restoration, and/or the permit may be modified, suspended or revoked by USACE. The USACE will consider any activity requiring USACE authorization to be noncompliant if that activity does not comply with all GP terms and conditions at all times, including while the project is under construction and when work is completed.

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SECTION III. MASSACHUSETTS GENERAL PERMITS

Applicants are encouraged to review Sections I & II prior to submitting an application to confirm that the activity as proposed complies with all terms and conditions of the 2023 MA GPs.

Applicants are also encouraged to review the definitions in Section VII, Definitions & Acronyms, of this document. Several terms are frequently used throughout the GPs, and it is important for the reader to understand these terms. If seeking verification for an activity previously verified under the 2018 MA GPs, please contact the USACE to discuss permitting needs in advance of submitting an application.

General Permits

1. Aids to Navigation and Temporary Recreational Structures

2. Maintenance

3. Moorings

4. Structures in Navigable Waters of the U.S.

5. Boat Ramps and Marine Railways

6. Utility Lines, Oil or Natural Gas Pipelines, Outfall Or Intake Structures, and Appurtenant Features

7. Dredging, Disposal of Dredged Material, Beach Nourishment, Rock Removal and Rock Relocation

8. U.S. Coast Guard Approved Bridges

9. Bank and Shoreline Stabilization

10. Aquatic Habitat Restoration, Enhancement, and Establishment Activities

11. Fish and Wildlife Harvesting and Attraction Devices and Activities

12. Response Operations, Oil and Hazardous Substances

13. Cleanup of Hazardous and Toxic Waste

14. Scientific Measurement Devices

15. Survey Activities

16. Land and Water-Based Renewable Energy Generation Facilities and Hydropower Projects

17. Residential, Commercial and Institutional Developments, and Recreational Facilities

18. Aquaculture

19. Mining Activities

20. Living Shorelines

21. Agricultural Activities

22. Reshaping Existing Drainage Ditches, Construction of New Ditches, and Mosquito Management

23. Linear Transportation Projects and Wetland/Stream Crossings

24. Temporary Construction, Access, and Dewatering

25. Emergency Situations

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GP 1. AIDS TO NAVIGATION AND TEMPORARY RECREATIONAL STRUCTURES (Authority: §10)

(a) The placement of aids to navigation and regulatory markers that are approved by and installed in accordance with the requirements of the U.S. Coast Guard (USCG). See 33 CFR, Part 66; and (b) Temporary buoys, markers, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use. See GC 16.

Self-Verification Eligible

1. Aids to navigation and regulatory markers approved by and installed in accordance with the requirements of the USCG.

2. Temporary buoys, markers and similar structures that are: (a) placed for recreational use during specific events and removed within 30 days after event; or (b) placed during winter events on ice and removed before spring thaw. These structures must be authorized by the local harbormaster, not located within an FNP or its buffer zone, and not located in saltmarsh or tidal vegetated shallows.

Pre-Construction Notification Required

1. Impacts in saltmarsh or tidal vegetated shallows.

2. Activities that are not SV eligible.

Note: An SVN submittal to USACE is not required for work authorized under SV #1 above.

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GP 2. MAINTENANCE (Authorities: §10 and §404) Repair, rehabilitation, or replacement of any previously authorized1, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3 (activities occurring before certain dates), provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction technique requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized.

This GP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the activities above. Maintenance dredging and beach nourishment are not eligible under GP 2 (see GP 7). Stream crossing modifications (including sliplining), replacements or extensions are not eligible under GP 2 (see GPs 6, 17, 23). See GP 25 Emergency Situations for expedited review of emergency activities.

Not authorized under GP 2 (IP required): (a) Permanent impacts in >1 acre in non-tidal waters and/or wetlands; or (b) Permanent impacts >1/2 acre in tidal waters; >1000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF in tidal vegetated shallows; or

(c) Temporary impacts >1 acre in tidal waters; >5000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >1000 SF in vegetated shallows; (d) New stream channelization or stream relocation projects (e.g., those in response to storm or flood events).

Self-Verification Eligible Maintenance activities that meet all of the following terms:

1. In non-tidal waters, the combined permanent and temporary impacts extending beyond the original footprint are ≤5,000 SF2 and not located in vegetated shallows or riffle and pool complexes.

2. In tidal waters, the combined permanent and temporary impacts extending beyond the original footprint are ≤5,000 SF, ≤1,000 SF in mudflats and/or natural rocky habitat, and not located in saltmarsh and tidal vegetated shallows.

3. Minor deviations in the repair, rehabilitation, or replacement of previously authorized, currently serviceable structures or fills.

4. Bulkhead replacement in tidal and non-tidal waters via installation of new bulkhead within 18 inches of the existing bulkhead and associated backfill.

5. Drawdown of an impoundment for dam/levee repair provided it does not exceed 18 months and one growing season (April through September).

Pre-Construction Notification Required

1. Discharges associated with removal of accumulated sediments and debris in the vicinity of existing structures, including intake and outfall structures and associated canals.

2. The removal of sediment outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) that is ≥200 linear feet. This activity is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions existing when the structure was built.

3. Dam and flood control or levee repair, rehabilitation, or replacement involves:

a. A change in the flood elevation or permanent water surface elevation of the impoundment; or

b. Drawdown of impoundment for construction exceeding one growing season (see SV eligible #5);

c. Any modification that changes the character, scope, or size of the original fill design; or

d. Does not meet SV eligible 1-7.

4. Installation of steel piles, including steel sheet piles, that cannot be done in the dry and where NOAA-ESA listed species are mapped as present.

1 Some maintenance activities may not be subject to regulation under Section 404 of the CWA in accordance with 33 CFR 323.4(a)(2). Per 33 CFR 330.3, Vested dates are: a) Work performed and structures installed before December 18, 1968 (Section 10); and b) Fill placed before July 25, 1975 (Section 404).

2 This excludes dam projects that may require a temporary drawdown with impacts >5,000 SF in non-tidal waters. Instead, the drawdown shall comply with SV #5 to be eligible under Self-Verification.

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6. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill.

7. Work to previously approved tide gates not affecting upstream tidal resource areas.

5. Activities located in the Connecticut River or Merrimack River, unless they are completed in the dry or when the tide is waterward of the work area.

6. Activities on USACE properties & USACE-controlled easements.

7. Activities that do not require an IP. Activities that do not require a PCN or an IP may be SV eligible.

Notes:

1. This authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the CWA §404(f) exemption for maintenance. See 33 CFR 323.4(a)(2). Prior USACE permits may have included authorization to maintain the activity, in which case authorization under this GP is not necessary.

2. See GC 22 for information on temporary construction mats.

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GP 3. MOORINGS (Authority: §10) New moorings and mooring fields; the relocation of previously authorized moorings; expansions, boundary reconfigurations or modifications of previously authorized mooring fields; and maintenance and replacement of moorings.

Not authorized under GP 3 (IP required): (a) Moorings or mooring fields converted to or associated with a new boating facility1; or (b) Moorings in a USACE Federal Navigation Anchorage or USACE Federal Navigation Channel, except municipal-operated mooring fields.

Self-Verification Eligible

1. New or relocated moorings that meet all the following terms:

a. Authorized by a local harbormaster/ municipality under MGL Chapter 91 §10A; and

b. No interference with navigation; and

c. Single boat, single-point and non-commercial; and

d. Not associated with a boating facility, and

e. Neither placed within nor impact tidal vegetated shallows (e.g., eelgrass); and

f. Not located within a USACE Federal navigation project (FNP) or the FNP buffer zone.

2. Existing, authorized moorings are converted from traditional moorings to low impact mooring technology (see note below) and/or helical anchors.

3. Maintenance and replacement of moorings authorized by the USACE.

Pre-Construction Notification Required

1. New mooring fields; or expansions, boundary reconfigurations or modifications of existing, authorized mooring fields.

2. Moorings located such that they, and/or vessels docked or moored at them, are within the buffer zone of the horizontal limits of a Federal Anchorage. The buffer zone is equal to 3 times the authorized depth of that channel (see GC 15).

3. New individual moorings located in saltmarsh, mudflats, natural rocky habitat, and tidal vegetated shallows. Locating moorings these areas should be avoided to the maximum extent practicable. If these areas cannot be avoided, plans should show conservation mooring or low-impact mooring systems that prevent mooring chains from resting or dragging on the bottom substrate at all tides, where practicable.

USACE may require a survey in areas previously mapped as containing eelgrass or within 100 ft. of existing eelgrass beds to document presence or absence of eelgrass and to determine the appropriate type and amount of compensatory mitigation for impacts to eelgrass.

4. Replacement moorings located in tidal vegetated shallows.

5. Moorings that are not SV eligible and do not require an IP.

Notes:

1. Low impact mooring systems, including conservation moorings, are encouraged to minimize impacts of chain scouring from conventional moorings during the tidal cycle.

2. An SVN submittal to USACE is not required for work authorized under SV #2-3 above.

1 Boating facilities are marinas, yacht clubs, boat clubs, boat yards, dockominiums, town facilities, land/homeowner’s associations, etc. that provide for a fee, rent or sell mooring or docking space. Not classified as boating facilities are municipal moorings or municipal mooring fields that charge an equitable user fee based only on the actual costs incurred.

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GP 4. STRUCTURES IN NAVIGABLE WATERS OF THE U.S. (Authority: §10 & §404) New, expansions, reconfigurations or modifications of structures for navigational access in waters of the U.S. including but not limited to temporary/seasonal or permanent pile and pole-supported piers, floats, stairs, shore outhauls, and boat and float lifts.

Not authorized under GP 4 (IP required): (a) Structures associated with a new boating facility;

(b) Structures in a USACE Federal anchorage or channel; or (c) Artificial reefs.

Self-Verification Eligible

1. Private, non-commercial piers, floats and lifts that meet all the following terms:

a. Piers and floats in: (i) Tidal waters total ≤600 SF combined; and (ii) Non-tidal navigable waters of the U.S.

total ≤600 SF combined; and

b. Piers are ≤4 feet wide and ≥6 feet above the marsh substrate (the height is measured from the marsh substrate to the bottom of the lowest longitudinal support); and

c. Floats and lifts in tidal waters and non-tidal navigable waters of the U.S. are ≥24 inches above the substrate during all tidal cycles. Float stops are preferred when site conditions warrant them (i.e., low tide exposes substrate), and skids can only be used in areas where piles are not feasible and on sandy or hard bottom substrates; and

d. Piers, floats and lifts: (i) Are ≥25 feet from previously mapped or existing vegetated shallows, or riparian property line extensions; (ii) Extend ≤25% of the waterway width in non-tidal navigable waters of the U.S. or MHW in tidal navigable waters of the U.S.

e. Installation of ≤12-inch diameter timber piles.

Installation of ≥12-inch diameter piles of any material type when installed in the dry.

2. Fenders and similar structures.

Pre-Construction Notification Required

1. Shore outhauls.

2. Expansions, modifications, or new reconfiguration zones at any authorized boating facility.

3. New, expansions, reconfigurations, reconfiguration zones, or modifications of structures that provide public, community or government recreational uses such as boating, fishing, swimming, access, etc.

4. Installation of steel piles, including steel sheet piles, that cannot be done in the dry and where NOAA-ESA listed species are mapped as present.

5. Located within the buffer zone of the horizontal limits of an FNP (GC 15).

6. Miscellaneous structures.

7. Impacts in tidal vegetated shallows.

8. Structures that are not SV eligible and do not require an IP.

Notes:

1. See GC 19 regarding pile driving and pile removal in navigable waters and

2. See GC 20 regarding time of year restrictions in tidal waters.

3. Boating facilities are facilities that provide for a fee, rent, or sell mooring space, such as marinas, yacht clubs, boat clubs, boat yards, town facilities, dockominiums, etc. Pile supported structures with no discharges of dredged or fill material are not regulated by USACE in non-navigable waters.

4. A SVN submittal to USACE is not required for SV #2 above.

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GP 5. BOAT RAMPS AND MARINE RAILWAYS (Authorities: §10 and §404) Activities required for the construction of boat ramps and marine railways, including excavation and fill.

Not authorized under GP 5 (IP required): (a) Permanent impacts that are >1 acre in non-tidal waters of the U.S., >½ acre in tidal waters; >1000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF in tidal vegetated shallows; (b) Temporary impacts in tidal waters that are >1 acre; >5000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1000 SF in vegetated shallows1; or (c) dredging in navigable waters of the U.S. (see GP 7).

Self-Verification Eligible

1. In non-tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, and (b) not located in riffle and pool complexes and non-tidal vegetated shallows.

2. In tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, (b) ≤1,000 SF in mudflats and/or natural rocky habitat, and (c), not located in saltmarsh and tidal vegetated shallows.

Pre-Construction Notification Required

1. Boat ramps are located within 25 feet of property line extensions unless the properties are owned by the same owner. The USACE may require a letter of no objection from the abutter(s).

2. Activities that are not eligible for SV and do not require an IP.

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GP 6. UTILITY LINES, OIL OR NATURAL GAS PIPELINES, OUTFALL OR INTAKE STRUCTURES,

AND APPURTENANT FEATURES (Authorities: §10 & §404) Activities required for: (a) The construction, maintenance, repair or removal of utility lines, oil or natural gas pipelines1, outfall or intake structures2, and appurtenant features including the associated excavation, backfill, or bedding for these structures.