A00833-608634.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 608634-134590

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DOCUMENT A00833

401 WATER QUALITY CERTIFICATION

MASSACHUSETTS DEPARTMENT OF

ENVIRONMENTAL PROTECTION

ADMINISTRATIVE COMPLETENESS &

TECHNICAL DEFICIENCY REVIEW

Massachusetts Department Of Transportation Highway Division

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

Maura T. Healey Governor

Kimberley Driscoll Lieutenant Governor

Rebecca L. Tepper Secretary

Bonnie Heiple Commissioner

This information is available in alternate format. Please contact MassDEP at 617-292-5500.

TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep

Printed on Recycled Paper

January 16, 2025

Massachusetts Department of Transportation Highway Division Ten Park Plaza, Suite 4160 Boston, MA 02116 Attn: Courtney Walker

RE: 401 WATER QUALITY CERTIFICATION

Administrative Completeness and Technical Deficiency Review 401 WQC Transmittal No: 24-WW26-0066-APP USACE File No: NAE-2016-02681

AT: Bridge No. D-06-001 Replacement Project Upper Road over Deerfield River Deerfield, Massachusetts

Dear Ms. Walker:

The Massachusetts Department of Environmental Protection (MassDEP) Wetlands Program

Highway Unit has completed its Administrative Completeness Review of the application for the above-referenced Water Quality Certification (WQC) application. The application requires proof of public notice in a newspaper of general circulation within the area to be administratively complete.

MassDEP has also completed its Technical Review of the above-referenced application and requests submittal of the following additional information:

General

1. Comments 4 and 5 in the letter from U.S. Army Corps of Engineers to MassDOT dated

January 2, 2025, are hereby incorporated by reference.

2. The application states “Dewatering of excavated stream bed materials is expected to take place on impervious surfaces near the project site.” Please explain how the

A00833 - 3 material will be transported from the dredge location to the dewatering location and clarify if dewatering and/or sediment stockpiling will occur on barges. Please also identify proposed means and methods to prevent a release of sediment into the river.

3. Section 5.0 of the narrative states “A barge will be used by the Contractor, in some capacity, to perform work within the waterway. It is anticipated that the Contactor will access the water on site from the southwest quadrant via agreement with the property owner and development of an access road. The temporary access road will be prohibited from going through wetlands and will not result in any permanent or temporary wetlands impacts.” As a single and complete project and relative to the stormwater review, the plans will need to depict the proposed temporary access road;

associated erosion and sedimentation controls; potential impacts to the riverbank; any temporary docks or piers; and proposed bank restoration measures, as applicable.

4. Please clarify if the cofferdams at existing Piers 2 and 3 will be removed, and the need to retain the cofferdam at proposed Pier 2. Unless required to remain for reasons such as structural support, MassDEP requires full removal of steel sheet cofferdams.

Stormwater

5. Please evaluate installing deep sump catch basins at the Upper Rd/Lower Rd intersection to connect subwatershed PDA-5 to subwatershed PDA-1B, and ultimately discharge to the proposed outlet within subwatershed PDA-1C. If practicable, this would assist in providing water quality treatment in accordance with Stormwater

Management Standard 4 to the maximum extent practicable.

6. Please provide the Operation and Maintenance (O&M) Plan and Long-Term Pollution

Prevention Plan (LTPPP) referenced in the Stormwater Management Report following approval by the Town of Deerfield. Per Stormwater Management Standard 6 for discharges to a coldwater fishery Critical Area, guidance to minimize the use of salt for deicing impervious surfaces in the project area will need to be incorporated in the

LTPPP. Please also ensure specifications within the O&M Plan are in accordance with

Volume 2, Chapter 2 of the Stormwater Handbook.

Wildlife and Rare Species

7. MassDEP understands coordination with the Massachusetts Natural Heritage and Endangered Species Program (NHESP) is ongoing regarding Priority and Estimated Habitats of Rare Species at the project site. Per 314 CMR 9.06(2) and 9.07(1), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species unless the work is subject to a Conservation and Management Permit or Determination of No Take issued by NHESP. As such, NHESP coordination must be complete prior to issuance of the WQC.

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8. In addition to NHESP consultation, the regulations at 314 CMR 9.07(3)(d) require consultation with the MA Division of Fisheries and Wildlife (DFW) regarding Time of Year restrictions and/or in-water sediment management for the other species listed in the regulation. Please provide the consultation letter or email from the DFW.

Upon receipt of all requested supplemental information, MassDEP has 30 calendar days in which to issue or deny a certification.

Should you have any questions relative to this letter, please contact me at heidi.davis@mass.gov or Ryan Hale at ryan.hale@mass.gov.

Sincerely, Heidi M. Davis Highway Unit Supervisor

Ecc: MassDEP WERO – Michael McHugh USACE – Dan Vasconcelos USACE – Kevin Newton MassDOT – Christopher Cameron

MassDOT – Michael Joa Green International Affiliates, Inc. – Oxana Fartushnaya Deerfield Conservation Commission – Amy Hahn, Administrative Assistant

A00833 - 5 mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:ryan.hale@mass.gov mailto:ryan.hale@mass.gov mailto:ryan.hale@mass.gov

June 6, 2025

This memorandum provides the responses to DEP Administrative Completeness and Technical Deficiency Letter for 401 WQC Transmittal No: 24-WW26-0066-APP.

Proof of public notice published in the Greenfield Recorder newspaper on December 27, 2024 is attached to these Responses.

Responses to each technical review comment are noted below in Bold.

GENERAL

1. Comments 4 and 5 in the letter from U.S. Army Corps of Engineers to MassDOT dated January 2, 2025, are hereby incorporated by reference.

USACE Comment # 4: The materials submitted include a statement that the project will not result in any impacts the base flood elevation or alter the existing regulatory floodway. I was unable to locate a copy of the hydraulic report in the materials. Please provide a copy of the report or direct me to its location in the materials, if I missed it.

A copy of the Hydraulic Report as well as an additional supplemental memo Cofferdam Hydraulic and Scour Analysis Memorandum are included as attachments to this memorandum.

USACE Comment # 5: Please provide clarification on the sequencing of the demolition of pier 3 and construction of pier 2. Why is the footing of pier 3 being retained and covered

To: Heidi M. Davis, MassDEP (heidi.davis@mass.gov )

Cc: Dan Vasconcelos, USACE (daniel.b.vasconcelos@usace.army.mil) Kevin Newton, USACE (Kevin.M.Newton@usace.army.mil) Ryan Hale, MassDEP (ryan.hale@mass.gov) Michael McHugh, MassDEP (michael.mchugh@mass.gov ) Jaime Iannelli, MassDEP (jaime.iannelli@mass.gov) Courtney Walker, MassDOT (courtney.l.walker@dot.state.ma.us) Michael Joa, MassDOT (michael.a.joa@dot.state.ma.us) Amy Hahn, Deerfield Conservation Commission - (bldgasst@town.deerfield.ma.us) Chistopher Cameron, MassDOT (Christopher.I.Cameron@dot.state.ma.us) Tiffany Card (tcard@greenintl.com)

From: Oxana Fartushnaya, Green International Affiliates, Inc.

Date: June 6, 2025

Project Name: Bridge Reconstruction, D-06-001, Upper Road over Deerfield River, Deerfield, MA

Project Number: Green No. 21058.0734

Subject: Response to MassDEP Administrative Completeness and Technical Deficiency Review letter for 401 WQC Transmittal No: 24-WW26-0066-APP

Proposal No. 608634-134590

A00833 - 6 mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:daniel.b.vasconcelos@usace.army.mil mailto:daniel.b.vasconcelos@usace.army.mil mailto:daniel.b.vasconcelos@usace.army.mil mailto:daniel.b.vasconcelos@usace.army.mil mailto:Kevin.M.Newton@usace.army.mil mailto:Kevin.M.Newton@usace.army.mil mailto:Kevin.M.Newton@usace.army.mil mailto:Kevin.M.Newton@usace.army.mil mailto:ryan.hale@mass.gov mailto:ryan.hale@mass.gov mailto:ryan.hale@mass.gov mailto:ryan.hale@mass.gov mailto:michael.mchugh@mass.gov mailto:michael.mchugh@mass.gov mailto:michael.mchugh@mass.gov mailto:michael.mchugh@mass.gov mailto:jaime.iannelli@mass.gov mailto:jaime.iannelli@mass.gov mailto:jaime.iannelli@mass.gov mailto:jaime.iannelli@mass.gov mailto:courtney.l.walker@dot.state.ma.us mailto:courtney.l.walker@dot.state.ma.us mailto:courtney.l.walker@dot.state.ma.us mailto:courtney.l.walker@dot.state.ma.us mailto:michael.a.joa@dot.state.ma.us mailto:michael.a.joa@dot.state.ma.us mailto:michael.a.joa@dot.state.ma.us mailto:michael.a.joa@dot.state.ma.us mailto:bldgasst@town.deerfield.ma.us mailto:bldgasst@town.deerfield.ma.us mailto:bldgasst@town.deerfield.ma.us mailto:bldgasst@town.deerfield.ma.us mailto:Christopher.I.Cameron@dot.state.ma.us mailto:Christopher.I.Cameron@dot.state.ma.us mailto:Christopher.I.Cameron@dot.state.ma.us mailto:Christopher.I.Cameron@dot.state.ma.us mailto:tcard@greenintl.com mailto:tcard@greenintl.com mailto:tcard@greenintl.com mailto:tcard@greenintl.com with riprap? Is it possible to remove the footing, reduce the riprap footprint and still achieve the necessary scour protection?

The limits of new Pier No. 2 up to the pier cap will be constructed while the majority of existing Pier No. 3 remains in place. A portion of existing Pier No. 3 will be removed above the flood elevations so the new superstructure can be installed. After Pier No. 2 is constructed, the remaining portion of existing Pier No. 3 will be removed down to the bottom of footing elevation of the new Pier No. 2. The reason for this approach is that part of the existing sheeting that surrounds existing Pier No. 3 will function as formwork for the mass concrete pour for the new Pier No. 2 footing support. It would be near impossible to remove the remaining portion of existing Pier No. 3 footing below that elevation without damaging the sheeting and mass concrete pour material being used to support the new Pier No. 2 footing.

The river bottom material east of existing Pier No. 3 is exposed ledge, so the riprap shown is the best means of scour protection for the new pier footing given the site.

2. The application states “Dewatering of excavated stream bed materials is expected to take place on impervious surfaces near the project site.” Please explain how the material will be transported from the dredge location to the dewatering location and clarify if dewatering and/or sediment stockpiling will occur on barges. Please also identify proposed means and methods to prevent a release of sediment into the river.

Dewatering and sediment stockpiling can also be set up on a barge adjacent to the dredging activities. It will be up to the Contractor’s means and methods for how they handle these activities. If a barge is used, they will still be held to the contract requirements which will state that no materials shall be released into the river. They will also state that the Contractor shall provide the Engineer with their plan for de-watering and handling of sediment for review and approval prior to conducting these activities.

3. Section 5.0 of the narrative states “A barge will be used by the Contractor, in some capacity, to perform work within the waterway. It is anticipated that the Contactor will access the water on site from the southwest quadrant via agreement with the property owner and development of an access road. The temporary access road will be prohibited from going through wetlands and will not result in any permanent or temporary wetlands impacts.” As a single and complete project and relative to the stormwater review, the plans will need to depict the proposed temporary access road;

associated erosion and sedimentation controls; potential impacts to the riverbank; any temporary docks or piers; and proposed bank restoration measures, as applicable.

The Contractor is expected to access the bridge from the southwest quadrant where the proposed stormwater basin is located. The north side has steep exposed ledge, and the southeast quadrant is Article 97 property owned by Mass Fish and Wildlife. The property at the southwest quadrant is owned by the hydro-electric dam company and is FERC regulated.

MassDOT and the project team coordinated with the dam owner and the Town of Deerfield regarding the conservation restrictions on the subject property and negotiated a temporary easement for the proposed barge access road, as shown on the revised Construction Plan1 attached to these Responses. The temporary impacts to bank and WOTUS were added to accommodate the barge access as well as shown on the revised 401/404 Impacts Plan 1. The temporary impacts are expected to minimal and the area will be restored upon completion of work.

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4. Please clarify if the cofferdams at existing Piers 2 and 3 will be removed, and the need to retain the cofferdam at proposed Pier 2. Unless required to remain for reasons such as structural support, MassDEP requires full removal of steel sheet cofferdams.

The cofferdams at existing Piers 2 and 3 will remain in place and will be cut down to the footing elevation. Since they are used as formwork for the concrete piers and are anchored into bedrock, removal of those cofferdams would be very impactful to the channel and could compromise the structural integrity of the new pier footing. The cofferdam for demolition of the existing pier will be cut off a minimum of 2-feet below the mudline, as pulling out the driven sheeting/piles would cause more disturbance to the channel bottom and impacts to the river environment.

STORMWATER

5. Please evaluate installing deep sump catch basins at the Upper Rd/Lower Rd intersection to connect subwatershed PDA-5 to subwatershed PDA-1B, and ultimately discharge to the proposed outlet within subwatershed PDA-1C. If practicable, this would assist in providing water quality treatment in accordance with Stormwater Management Standard 4 to the maximum extent practicable.

Subwatershed PDA-5 was analyzed to determine feasibility of installing deep sump catch basins in order to reroute stormwater from DP-5 to DP-1 and provide additional water quality treatment. There are several site constraints present within PDA-5 including telecommunications and electrical utilities, excessive vertical and horizontal excavation due to additional drainage infrastructure bucking grade, and probable subsurface rock that resulted in refusal of borings within the intersection. Therefore, additional deep sump catch basins are not feasible in this location.

6. Please provide the Operation and Maintenance (O&M) Plan and Long-Term Pollution Prevention Plan (LTPPP) referenced in the Stormwater Management Report following approval by the Town of Deerfield. Per Stormwater Management Standard 6 for discharges to a coldwater fishery Critical Area, guidance to minimize the use of salt for deicing impervious surfaces in the project area will need to be incorporated in the LTPPP. Please also ensure specifications within the O&M Plan are in accordance with Volume 2, Chapter 2 of the Stormwater Handbook.

The Operation and Maintenance (O&M) Plan and Long-Term Pollution Prevention Plan (LTPPP) that is referenced in the Stormwater Management Report will be provided following approval by the Town of Deerfield. Guidance to minimize the use of salt for deicing impervious surfaces in the project area will be incorporated in the LTPPP per Stormwater Management Standard 6 for discharges to a coldwater fishery Critical Area. Specifications within the O&M Plan will be in accordance with Volume 2, Chapter 2 of the Stormwater Handbook

WILDLIFE AND RARE SPECIES

7. MassDEP understands coordination with the Massachusetts Natural Heritage and Endangered Species Program (NHESP) is ongoing regarding Priority and Estimated Habitats of Rare Species at the project site. Per 314 CMR 9.06(2) and 9.07(1), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species unless the work is subject to a Conservation

A00833 - 8 and Management Permit or Determination of No Take issued by NHESP. As such, NHESP coordination must be complete prior to issuance of the WQC.

MESA coordination letter, dated 1/6/2025, is included as an attachment to these Responses.

8. In addition to NHESP consultation, the regulations at 314 CMR 9.07(3)(d) require consultation with the MA Division of Fisheries and Wildlife (DFW) regarding Time of Year restrictions and/or in-water sediment management for the other species listed in the regulation. Please provide the consultation letter or email from the DFW.

MassDOT coordination with DFW is included as an attachment to these Responses.

Enclosed with this letter response are the following documents:

• Proof of published public notice

• Cofferdam Hydraulic and Scour Analysis Memo, dated August 2023

• Hydraulic Report, dated November 2020

• MESA Determination

• MassDOT 608634 DFW Coordination

\\Egnytedrive\Greenintl\Shared\Engineering\Projects\2013\13033\13033.21X - Deerfield Upper Road\608634\DOCS\PERMITS\ENV\WQC\Techdef Admincomplete Letter\Responses To Admin And Tech Def - 608634.Docx

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ATTACHMENTS

• Administrative Completeness and Technical Deficiency Review letter, dated 1/16/25

• Proof of published public notice

• MESA Determination, NHESP File No.: 23-6213, dated 1/6/2025

• MassDOT 608634 DFW Coordination, January 2025

• Cofferdam Hydraulic and Scour Analysis Memo, dated August 2023 (bound separately)

• Hydraulic Report, dated November 2020 (bound separately)

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Maura T. Healey Governor

Kimberley Driscoll Lieutenant Governor

Rebecca L. Tepper Secretary

Bonnie Heiple Commissioner

This information is available in alternate format. Please contact MassDEP at 617-292-5500.

TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep

Printed on Recycled Paper

January 16, 2025

Massachusetts Department of Transportation Highway Division Ten Park Plaza, Suite 4160 Boston, MA 02116 Attn: Courtney Walker

RE: 401 WATER QUALITY CERTIFICATION

Administrative Completeness and Technical Deficiency Review 401 WQC Transmittal No: 24-WW26-0066-APP USACE File No: NAE-2016-02681

AT: Bridge No. D-06-001 Replacement Project Upper Road over Deerfield River Deerfield, Massachusetts

Dear Ms. Walker:

The Massachusetts Department of Environmental Protection (MassDEP) Wetlands Program

Highway Unit has completed its Administrative Completeness Review of the application for the above-referenced Water Quality Certification (WQC) application. The application requires proof of public notice in a newspaper of general circulation within the area to be administratively complete.

MassDEP has also completed its Technical Review of the above-referenced application and requests submittal of the following additional information:

General

1. Comments 4 and 5 in the letter from U.S. Army Corps of Engineers to MassDOT dated

January 2, 2025, are hereby incorporated by reference.

2. The application states “Dewatering of excavated stream bed materials is expected to take place on impervious surfaces near the project site.” Please explain how the

A00833 - 11 material will be transported from the dredge location to the dewatering location and clarify if dewatering and/or sediment stockpiling will occur on barges. Please also identify proposed means and methods to prevent a release of sediment into the river.

3. Section 5.0 of the narrative states “A barge will be used by the Contractor, in some capacity, to perform work within the waterway. It is anticipated that the Contactor will access the water on site from the southwest quadrant via agreement with the property owner and development of an access road. The temporary access road will be prohibited from going through wetlands and will not result in any permanent or temporary wetlands impacts.” As a single and complete project and relative to the stormwater review, the plans will need to depict the proposed temporary access road;

associated erosion and sedimentation controls; potential impacts to the riverbank; any temporary docks or piers; and proposed bank restoration measures, as applicable.

4. Please clarify if the cofferdams at existing Piers 2 and 3 will be removed, and the need to retain the cofferdam at proposed Pier 2. Unless required to remain for reasons such as structural support, MassDEP requires full removal of steel sheet cofferdams.

Stormwater

5. Please evaluate installing deep sump catch basins at the Upper Rd/Lower Rd intersection to connect subwatershed PDA-5 to subwatershed PDA-1B, and ultimately discharge to the proposed outlet within subwatershed PDA-1C. If practicable, this would assist in providing water quality treatment in accordance with Stormwater

Management Standard 4 to the maximum extent practicable.

6. Please provide the Operation and Maintenance (O&M) Plan and Long-Term Pollution

Prevention Plan (LTPPP) referenced in the Stormwater Management Report following approval by the Town of Deerfield. Per Stormwater Management Standard 6 for discharges to a coldwater fishery Critical Area, guidance to minimize the use of salt for deicing impervious surfaces in the project area will need to be incorporated in the

LTPPP. Please also ensure specifications within the O&M Plan are in accordance with

Volume 2, Chapter 2 of the Stormwater Handbook.

Wildlife and Rare Species

7. MassDEP understands coordination with the Massachusetts Natural Heritage and Endangered Species Program (NHESP) is ongoing regarding Priority and Estimated Habitats of Rare Species at the project site. Per 314 CMR 9.06(2) and 9.07(1), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species unless the work is subject to a Conservation and Management Permit or Determination of No Take issued by NHESP. As such, NHESP coordination must be complete prior to issuance of the WQC.

A00833 - 12

8. In addition to NHESP consultation, the regulations at 314 CMR 9.07(3)(d) require consultation with the MA Division of Fisheries and Wildlife (DFW) regarding Time of Year restrictions and/or in-water sediment management for the other species listed in the regulation. Please provide the consultation letter or email from the DFW.

Upon receipt of all requested supplemental information, MassDEP has 30 calendar days in which to issue or deny a certification.

Should you have any questions relative to this letter, please contact me at heidi.davis@mass.gov or Ryan Hale at ryan.hale@mass.gov.

Sincerely, Heidi M. Davis Highway Unit Supervisor

Ecc: MassDEP WERO – Michael McHugh USACE – Dan Vasconcelos USACE – Kevin Newton MassDOT – Christopher Cameron MassDOT – Michael Joa Green International Affiliates, Inc. – Oxana Fartushnaya Deerfield Conservation Commission – Amy Hahn, Administrative Assistant

Proposal No. 608634-134590

A00833 - 13 mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:heidi.davis@mass.gov mailto:ryan.hale@mass.gov mailto:ryan.hale@mass.gov

NATION & WORLDB6 Fr iday, Dec ember 2 7, 2024

AP PHOTO/ANNE D’INNOCEN Z IO

A shopper looks at handbags at Macy’s department store on Nov. 24 in New York.

By ANNE D’INNOCENZIO and

HALELUYA HADERO

AP Business Writers

Sales rose this year during the holiday shopping season even as Americans wrestled with elevated prices for many groceries and other necessi-ties, according to new data.

Holiday sales from the be-ginning of November through Christmas Eve climbed 3.8%, outpacing the 3.1% increase from a year earlier, according to Mastercard SpendingPulse, which tracks all kinds of pay-ments including cash and debit cards. The last five days of the season accounted for 10% of the spending.

This year, retailers were even more under the gun to get shoppers in to buy early and in bulk since there were five fewer days between Thanksgiving and Christmas.

Michelle Meyer, chief economist at Mastercard Eco-nomics Institute, said the holi-day shopping season “re-vealed a consumer who is will-ing and able to spend but driven by a search for value” as seen by concentrated on-line spending during the biggest promotional periods.

Sales growth was higher than the 3.2% increase Mas-tercard SpendingPulse had projected this fall. The data released Thursday excludes the automotive industry and is not adjusted for inflation.

Clothing sales rose 3.6%, with most of the growth being fueled by online shopping.

Spending on restaurants, and sales of electronics and jew-elry also grew. Online sales jumped 6.7% from a year ago and in-person spending rose 2.9%.

Consumer spending ac-counts for nearly 70% of U.S.

economic activity and economists carefully monitor how Americans use their money, particularly during the holidays, to gauge how they’re feeling financially.

The most recent govern-ment data on consumer spending, released on Dec. 17, showed shoppers stepped up activity at retail stores last month. But auto dealer sales drove most of those gains as huge storms created a need for new cars in parts of the southeast slammed by Hurri-cane Helene in October. Big discounts at many retail chains also attracted shop-pers.

But the report also hinted at some consumer caution as sales at grocery stores, cloth-ing shops, and restaurants fell. Outside of car dealers and online retailers, sales gains were modest.

Retailers felt more pres-sure this year due to the shorter holiday shopping pe-riod, and also from a presiden-tial election that captured the attention of many consumers.

Sales of general merchandise slid 9% in the two weeks ended Nov. 9, according to Cir-cana, a market research group. Sales have been re-bounding but stores will have to make up for those losses.

A broader picture of how Americans are spending their money arrives next month when the National Retail Fed-eration, the nation’s largest retail trade group, releases its combined two-month statis-tics based on November-De-cember sales figures from the Commerce Department.

The group expects that shoppers will have made $979.5 billion to $989 billion worth of purchases in Novem-ber and December, which would represent a 2.5%-3.5% increase over the same two-month period a year ago. That would be a slower rate than the 3.9% increase from holi-day 2023 over holiday 2022 season.

Overall, retailers had a de-cent start to the unofficial kickoff to the holiday shopping period despite lots of dis-counts that started as early as O c t o b e r.

Up by 3.8% despite higher prices

Shoppers increase spending

HOLIDAY SALES

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Call your representative today at 413-772-0261.

CHRISTMAS &

NEW YEAR’S

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PUBLIC NOTICE

Massachusetts Department of Environmental Protection

Division of Wetlands and Waterways

100 Cambridge Street, Suite 900

Boston, MA 02114

Pursuant to 33 U.S.C. 1341 and M.G.L. c. 21 @43 and 33 U.S.C. 1341 M.G.L. c. 21 @@ 26 - 53, notice is given of a 401 Water Quality Certification application for the replacement of Bridge No.

D-01-006 (0PP) over Deerfield River in the Town of Deerfield, MA by the Massachusetts Department of Transportation Highway Division, 10 Park Plaza, Room 7360, Boston, MA 02116. The existing four-span bridge is proposed to be replaced with a new three-span bridge supported on cantilever abutments in the existing location and piers in new locations. The bridge will remain open during stage construction of the replacement bridge.

Additional information may be o b t a i n e d f r o m t h e Massachusetts Department of Transportation Highway Division at the above address, Attention Courtney Walker, or by emailing courtney.l.walker@state.ma.us.

Written comments should be sent to Heidi Davis, MassDEP Wet lands Program, 100 Cambridge Street, Suite 900, Boston MA 02114 or by emailing heidi.davis@mass.gov within 21 days of this notice.

Any group of ten persons, any aggrieved person, or any governmental body or private organization with a mandate to protect the environment who submits written comments may appeal the Department's Certification. Failure to submit written comments before the end of the public comment period may result in the waiver of any right to an adjudicatory hearing

December 27 4441633

Legals

LEGAL NOTICE

MORTGAGEE'S SALE OF REAL ESTATE

By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Herbert P. Jewett and Helen B. Jewett to Financial Freedom Senior Funding Corporation, a Subsidiary of IndyMac Bank, F.S.B., dated February 26, 2007 and recorded in Worcester County (Worcester District) Registry of Deeds in Book 40762, Page 321 (the "Mortgage") of which mortgage GITSIT Solutions, LLC, not in its individual capacity but solely in its capacity as Separate Trustee of GITSIT Mortgage Loan Trust BBPLC1 is the present holder by Assignment from Financial Freedom Senior Funding Corporation to Mortgage Electronic Registration Systems, Inc., as nominee for Financial Freedom Acquisition LLC, its successors and assigns dated September 25, 2009 and recorded at said Registry of Deeds in Book 44930, Page 176, and Assignment from Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Financial Freedom Acquisition LLC, its successors and assigns to Secretary of Housing and Urban Development dated December 29, 2020 and recorded at said Registry of Deeds in Book 64189, Page 200, and Assignment from The Secretary of Housing and Urban Development to GITSIT Solutions, LLC, not in its individual capacity but solely in its capacity as Separate Trustee of GITSIT Mortgage Loan Trust BBPLC1 dated July 12, 2024 and recorded at said Registry of Deeds in Book 70774, Page 358, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 26 Maple Street, Athol, MA 01331 will be sold at a Public Auction at 3:00 PM on January 15, 2025, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

The land in Athol, Worcester County, Massachusetts, with the buildings thereon, bounded and described as follows:

Beginning at the southeast corner of said tract at a point in the northerly line of property of Brock, said point being 73 feet westerly from the westerly line of Maple Street;

thence north 74 degrees 19' west by land of said Brock 121.88 feet to a stone bound, being the northwest corner of said. Brock land;

thence north 14 degrees 15' east (erroneously recited "west" in prior deeds), by land of Stanley Modzeleski about forty-seven feet;

thence easterly by land of Jacob and Isadore Plotkin and by the division line of two sheds about 37 feet to a point;

thence easterly 33 feet to a point 12 feet northerly from the northwest corner of the dwelling house of said tract herein conveyed;

thence easterly 55 feet to a point being in range with the northerly line of property of one Mann; thence southerly by the westerly line of a right of way devised to said Mann to the place of beginning.

Also granting in fee the land included in a right of way on the northerly line of said Brock land and the southerly line of said Mann land, also the fee in the right of way on the west side of said Mann property and the east line of the above described premises.

Also granting a right of way over a strip of land 8 feet in width from Maple Street on the north side of said Mann land and the granted premises, a distance of about 160 feet. The said right of way is granted to provide an entrance to the shed of the "grantees" standing on the northwest corner of the granted tract.

Also granting a right of way on the southerly side of the granted premises beginning at a point 63 feet from the westerly line of Maple Street, being a strip of land 5 feet in width over land of Brock land, also reserving a right of way over the granted premises 4 feet and 11 inches in width on the southerly side of the granted premises making a right of way 9 feet and 11 inches in width and extending westerly to the westerly end of the granted premises, said right of way to remain open and to be used in common for the benefit of the adjoining owners

Said granted premises being subject to the rights of way previously reserved to said Mann and said Brock. The Mann right of way being derived by will of Carrie M. Slate. The Brock right of way deed of Jacob and Isadore Plotkin.

Subject to any sewer rights any parties may have over the granted premises, and the "grantors" hereby convey any rights of sewerage appurtenant to the granted premises which they may have as owners of the said granted premises.

The division wall on the division line, above, described as standing between two sheds, shall remain standing should either the owner of the above-described premises or the owners of the adjoining premises desire to move the said sheds.

Subject to rights for poles and wires granted Athol Gas & Electric Company, recorded Book 2781, Page 152.

Being the same premises conveyed to the herein named mortgagor (s) by deed recorded with Worcester District Registry of Deeds in Book 4675, Page 121.

For mortgagor's title see deed recorded with the Worcester County (Worcester District) Registry of Deeds in Book 4675, Page 121.

The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable encumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions, reservations and conditions of record and subject to all tenancies and/or rights of parties in possession.

Terms of the Sale: Cashier's or certified check in the sum of $5,000.00 as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid; balance of purchase price payable by certified check in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.

Other terms to be announced at the sale.

GITSIT Solutions, LLC, not in its individual capacity but solely in its capacity as Separate Trustee of GITSIT Mortgage Loan Trust BBPLC1 Korde & Associates, P.C.

900 Chelmsford Street Suite 3102 Lowell, MA 01851

(978) 256-1500 Jewett, Estate of Helen B. and Estate of Herbert P. Jewett, 24-045890

December 20, 27, 2024 January 3, 2025

4441570

Legals

Legal Notice The Buckland Conservation Commission will hold a Public Meeting upstairs at the Town Hall and on zoom, Monday evening, January 6th, 2025 at 6:30pm. The subject of the meeting will be an RDA for tree removal work at 31 Charlemont Road.

The agenda will be posted on the Town of Buckland website 48 hours before the meeting and posted on the bulletin board outside.

Join Zoom Meeting https://us02web.zoom.us/j/81312522704?pwd=QqhdExaYtJ7REqHjlT mExsHz7twlm9.1

Meeting ID: 813 1252 2704 Passcode: 823249

December 27 4441607

Commonwealth of Massachusetts The Trial Court

Probate and Family Court Worcester Probate and

Family Court 225 Main Street

Worcester, MA 01608

(508) 831-2200

CITATION ON PETITION TO

CHANGE NAME

Docket No. WO24C0525CA In the matter of: Prince Charles Eweka A Petition to Change Name of Adult has been filed by Prince Charles Eweka of Athol, MA requesting that the court enter a Decree changing their name to:

Prince Charles Forkker Lord

IMPORTANT NOTICE

Any person may appear for purposes of objecting to the petition by filing an appearance at: Worcester Probate and Family Court before 10:00 a.m.

on the return day of 01/14/2025.

This is NOT a hearing date, but a deadline by which you must file a written appearance if you object to this proceeding.

WITNESS, Hon. Leilah A. Keamy, First Justice of this Court.

Date: December 11, 2024

Stephanie K. Fattman, Register of Probate

December 27 4441649

LegalsLegals

LEGAL

NOTICES

A00833 - 14

January 06, 2025

Julia Hoogeboom

10 park plaza

Boston, MA 02116

RE: Applicant: Julia Hoogeboom

Project Location: Upper Road Bridge over Deerfield River (Bridge D-06-001)

Project Description: 608634 - Deerfield Bridge Replacement, Upper Road over Deerfield River

NHESP File No.: 23-6213

Dear Applicant:

The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the

“Division”) received the MESA Project Review Checklist and supporting documentation for review pursuant to the

Massachusetts Endangered Species Act (MESA) (MGL c.131A) and its implementing regulations (321 CMR 10.00).

The MESA is administered by the Division, and prohibits the Take of state-listed species. The Take of state-listed species is defined as “in reference to animals…harm…kill…disrupt the nesting, breeding, feeding or migratory activity…and in reference to plants…collect, pick, kill, transplant, cut or process…Disruption of nesting, breeding, feeding, or migratory activity may result from, but is not limited to, the modification, degradation, or destruction of Habitat” of state-listed species (321 CMR 10.02).

The Division has determined that this Project, as currently proposed, will occur within the actual habitat of the following species:

Scientific Name Common Name Taxonomic Group State Status

Special ConcernReptileWood TurtleGlyptemys insculpta

EndangeredPlantGiant St. John's-wortHypericum ascyron

These species and their habitats are protected in accordance with the MESA.

Based on the information provided and the information contained in our database, the Division finds that a portion of this project, as currently proposed, must be conditioned to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the conditions attached to this

A00833 - 15

23-6213NHESP No. Page 2 of 3 Issued January 06, 2025 letter must be met.

Provided the attached conditions are fully implemented and there are no changes to the project plans, this project will not result in a Take of state-listed species. We note that all work is subject to the anti-segmentation provisions

(321 CMR 10.16) of the MESA. This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project.

Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Melany Cheeseman, Endangered Species Review Assistant, at

Melany.Cheeseman@mass.gov, (508) 389-6357.

Sincerely, Jesse Leddick

Assistant Director cc: david paulson, Massachusetts Department of Transportation

Julia Hoogeboom, Massachusetts Department of Transportation

Attachment: List of Conditions

A00833 - 16

23-6213NHESP No. Page 3 of 3 Issued January 06, 2025

List of Conditions

Applicant: Julia Hoogeboom

Project Location: Upper Road Bridge over Deerfield River (Bridge D-06-001)

Project Description: 608634 - Deerfield Bridge Replacement, Upper Road over Deerfield River

NHESP File No.: 23-6213

Heritage Hub Form ID: RC-90690

Approved Plan: Deerfield Upper Road Over Deerfield River

Plan date: 10/24/24 Revised Date: N/A

To avoid a prohibited Take of state-listed species, the following condition(s) must be met:

1. Turtle Protection Plan: Prior to the start of work (including vegetation clearing or soil disturbance), the

Applicant shall submit a Wood Turtle Protection Plan to the Division for review and written approval. Said Plan shall detail procedures for protecting state-listed turtles during construction, and be prepared and implemented by a qualified, Division-approved wildlife biologist. The Division is available for consultation on Plan development and can provide contact information for qualified biologists. The Division-approved Plan shall be implemented as written; any proposed changes to the Plan must be submitted to the Division for review and written approval prior to implementation of said changes. By December 31st of any year in which work occurs, the qualified biologist shall submit: a) a summary report to the Division detailing project status and compliance with the Plan; and b) any observations of state-listed turtles at https://www.mass.gov/how-to/report-rare-species-vernal-pool-observations.

A00833 - 17

From: Richards, Todd (FWE) To: Hoogeboom, Julia A. (DOT) Cc: Rogers, Joseph E (FWE); Keleher, Brian (FWE) Subject: MassDOT Upper Road Bridge over Deerfield River, Deerfield - Replacement 608634 - Access during and after construction.

Date: Thursday, January 30, 2025 2:54:46 PM

Great! Thanks. I have copied our Connecticut Valley District staff since they will get the calls during the temporary construction impacts to access and questions about access post construction. They can ask additional questions since they know the area better than I do.

I appreciate the description.

Todd Richards Assistant Director of Fisheries Massachusetts Division of Fisheries & Wildlife email: Todd.Richards@mass.gov mass.gov/masswildlife | facebook.com/masswildlife

From: Hoogeboom, Julia A. (DOT) <Julia.A.Hoogeboom@dot.state.ma.us> Sent: Thursday, January 30, 2025 2:40 PM To: Kautza, Adam (FWE) <adam.kautza@mass.gov>; Richards, Todd (FWE) <todd.richards@mass.gov> Cc: Burns, Trevor B. (DOT) <Trevor.B.Burns@dot.state.ma.us>; Joa, Michael A. (DOT) <Michael.A.Joa@dot.state.ma.us>; Walker, Courtney L. (DOT) <Courtney.L.Walker@dot.state.ma.us> Subject: RE: MassDOT Upper Road Bridge over Deerfield River, Deerfield - Replacement 608634

Todd, Consideration has been given to the impacts to recreational activities and access to the river during design. Due to the Article 97 land impacts, we are not able to show temporary accommodations on our plans. There is an access to the river immediately downstream of the bridge on the Stillwater Road side that will be maintained. On the upstream end we have discussed requiring the Contractor to establish a means for recreational users coming downstream to exit the river before the work zone.

Our intention is close the immediate work zone for the bridge to recreational users for safety reasons.

We are still working on the best ways to incorporate this into the Contract Documents.

If you would like to discuss further, I am happy to set up a meeting to do so.

Thanks, Julia

Julia Hoogeboom Wildlife and Endangered Species Coordinator

Proposal No. 608634-134590

A00833 - 18 mailto:todd.richards@mass.gov mailto:todd.richards@mass.gov mailto:todd.richards@mass.gov mailto:todd.richards@mass.gov mailto:Julia.A.Hoogeboom@dot.state.ma.us mailto:Julia.A.Hoogeboom@dot.state.ma.us mailto:Julia.A.Hoogeboom@dot.state.ma.us mailto:Julia.A.Hoogeboom@dot.state.ma.us mailto:Joseph.E.Rogers@mass.gov mailto:Joseph.E.Rogers@mass.gov mailto:Joseph.E.Rogers@mass.gov mailto:Joseph.E.Rogers@mass.gov mailto:brian.keleher@mass.gov mailto:brian.keleher@mass.gov mailto:brian.keleher@mass.gov mailto:brian.keleher@mass.gov mailto:Todd.Richards@mass.gov mailto:Todd.Richards@mass.gov mailto:Todd.Richards@mass.gov mailto:Todd.Richards@mass.gov https://urldefense.com/v3/__http:/www.mass.gov/masswildlife__;!!Oai6dtTQULp8Sw!AhTVlN_FZyBN0oS6jpfS-ZFk3y5KFPZCPkPb_ztdNW6pSz9Ld5YdBtfbva0Ny6cokWf7R3jp0ws$ https://urldefense.com/v3/__http:/www.mass.gov/masswildlife__;!!Oai6dtTQULp8Sw!AhTVlN_FZyBN0oS6jpfS-ZFk3y5KFPZCPkPb_ztdNW6pSz9Ld5YdBtfbva0Ny6cokWf7R3jp0ws$ https://urldefense.com/v3/__http:/www.mass.gov/masswildlife__;!!Oai6dtTQULp8Sw!AhTVlN_FZyBN0oS6jpfS-ZFk3y5KFPZCPkPb_ztdNW6pSz9Ld5YdBtfbva0Ny6cokWf7R3jp0ws$ https://urldefense.com/v3/__http:/www.mass.gov/masswildlife__;!!Oai6dtTQULp8Sw!AhTVlN_FZyBN0oS6jpfS-ZFk3y5KFPZCPkPb_ztdNW6pSz9Ld5YdBtfbva0Ny6cokWf7R3jp0ws$ https://urldefense.com/v3/__http:/www.facebook.com/masswildlife__;!!Oai6dtTQULp8Sw!AhTVlN_FZyBN0oS6jpfS-ZFk3y5KFPZCPkPb_ztdNW6pSz9Ld5YdBtfbva0Ny6cokWf7DD1cjmE$ https://urldefense.com/v3/__http:/www.facebook.com/masswildlife__;!!Oai6dtTQULp8Sw!AhTVlN_FZyBN0oS6jpfS-ZFk3y5KFPZCPkPb_ztdNW6pSz9Ld5YdBtfbva0Ny6cokWf7DD1cjmE$ https://urldefense.com/v3/__http:/www.facebook.com/masswildlife__;!!Oai6dtTQULp8Sw!AhTVlN_FZyBN0oS6jpfS-ZFk3y5KFPZCPkPb_ztdNW6pSz9Ld5YdBtfbva0Ny6cokWf7DD1cjmE$ https://urldefense.com/v3/__http:/www.facebook.com/masswildlife__;!!Oai6dtTQULp8Sw!AhTVlN_FZyBN0oS6jpfS-ZFk3y5KFPZCPkPb_ztdNW6pSz9Ld5YdBtfbva0Ny6cokWf7DD1cjmE$

Environmental Services MassDOT Highway Division 857-772-1749

From: Hoogeboom, Julia A. (DOT) Sent: Thursday, January 30, 2025 11:10 AM To: Kautza, Adam (FWE) <adam.kautza@mass.gov>; Richards, Todd (FWE) <todd.richards@mass.gov> Cc: Burns, Trevor B. (DOT) <Trevor.B.Burns@dot.state.ma.us>; Joa, Michael A. (DOT) <Michael.A.Joa@dot.state.ma.us>; Walker, Courtney L. (DOT) <Courtney.L.Walker@dot.state.ma.us> Subject: RE: MassDOT Upper Road Bridge over Deerfield River, Deerfield - Replacement 608634

Todd, I asked your question to our design consultants. Thank you both!

Julia Hoogeboom Wildlife and Endangered Species Coordinator Environmental Services MassDOT Highway Division 857-772-1749

From: Kautza, Adam (FWE) <adam.kautza@mass.gov> Sent: Thursday, January 30, 2025 11:09 AM To: Richards, Todd (FWE) <todd.richards@mass.gov>; Hoogeboom, Julia A. (DOT) <Julia.A.Hoogeboom@dot.state.ma.us> Cc: Burns, Trevor B. (DOT) <Trevor.B.Burns@dot.state.ma.us>; Joa, Michael A. (DOT) <Michael.A.Joa@dot.state.ma.us>; Walker, Courtney L. (DOT)

Subject: Re: MassDOT Upper Road Bridge over Deerfield River, Deerfield - Replacement 608634

Upper Road in Deerfield is far downstream of any known coldwater fish habitat in the river so no TOY restriction in this case.

Adam Kautza PhD | Coldwater Fisheries Project Leader Massachusetts Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581

(857) 275-6961 adam.kautza@mass.gov

A00833 - 19 mailto:adam.kautza@mass.gov mailto:adam.kautza@mass.gov mailto:adam.kautza@mass.gov mailto:adam.kautza@mass.gov mailto:todd.richards@mass.gov mailto:todd.richards@mass.gov mailto:todd.richards@mass.gov mailto:todd.richards@mass.gov mailto:Julia.A.Hoogeboom@dot.state.ma.us mailto:Julia.A.Hoogeboom@dot.state.ma.us mailto:Julia.A.Hoogeboom@dot.state.ma.us mailto:Julia.A.Hoogeboom@dot.state.ma.us mailto:Trevor.B.Burns@dot.state.ma.us mailto:Trevor.B.Burns@dot.state.ma.us mailto:Trevor.B.Burns@dot.state.ma.us mailto:Trevor.B.Burns@dot.state.ma.us mailto:Michael.A.Joa@dot.state.ma.us mailto:Michael.A.Joa@dot.state.ma.us mailto:Michael.A.Joa@dot.state.ma.us mailto:Michael.A.Joa@dot.state.ma.us mailto:Courtney.L.Walker@dot.state.ma.us mailto:Courtney.L.Walker@dot.state.ma.us mailto:Courtney.L.Walker@dot.state.ma.us mailto:Courtney.L.Walker@dot.state.ma.us mailto:adam.kautza@mass.gov mailto:adam.kautza@mass.gov mailto:adam.kautza@mass.gov mailto:adam.kautza@mass.gov

From: Richards, Todd (FWE) <todd.richards@mass.gov> Sent: Thursday, January 30, 2025 10:39 AM To: Hoogeboom, Julia A. (DOT) <Julia.A.Hoogeboom@dot.state.ma.us>; Kautza, Adam (FWE) <adam.kautza@mass.gov> Cc: Burns, Trevor B. (DOT) <Trevor.B.Burns@dot.state.ma.us>; Joa, Michael A. (DOT) <Michael.A.Joa@dot.state.ma.us>; Walker, Courtney L. (DOT)

Subject: MassDOT Upper Road Bridge over Deerfield River, Deerfield - Replacement 608634

I will let Adam weigh in on TOY. I am wondering what consideration in the design has been given to maintaining or at a minimum not restricting existing access to the river for river recreation or other passive purposes.

Todd Richards Assistant Director of Fisheries Massachusetts Division of Fisheries & Wildlife email:…