A00834-608634.pdf

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

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DOCUMENT A00834

MASSACHUSETTS DEPARTMENT OF

ENVIRONMENTAL PROTECTION

WATER QUALITY CERTIFICATE –

FILING NUMBER: 24-WW26-0066-APP

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

July 28, 2025

Massachusetts Department of Transportation Highway Division 10 Park Plaza, Suite 4160 Boston, MA 02116 ATTN: Courtney Walker

RE: 401 WATER QUALITY CERTIFICATION

BRP WW 11, Minor Fill Project BRP WW 08, Minor Dredge Project Bridge Replacement, Bridge No. D-06-001, Upper Road over Deerfield River Deerfield, MA

401 WQC Filing Number: 24-WW26-0066-APP

USACE Application No. NAE-2016-02681 MassDOT File Number: 608634

Dear Ms. Walker:

The Massachusetts Department of Environmental Protection (MassDEP) has reviewed your application for a Water Quality Certification (WQC), as referenced above. This application was deemed complete on

June 27, 2025. In accordance with the provisions of MGL Ch. 21, §§26-53 and Section 401 of the Federal

Clean Water Act as amended (33 U.S.C. §1251 et seq.), it has been determined there is reasonable assurance the proposed project will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law.

The proposed project consists of the replacement of the existing bridge (Bridge No. D-06-001) that carries Upper Road over the Deerfield River in Deerfield (the Project). The Project includes removal of the existing piers and abutments and construction of new piers and abutments; full depth reconstruction of Upper Road and portions of Lower Road and Stillwater Road; and stormwater infrastructure improvements. The existing bridge is stated as being functionally obsolete and structurally deficient.

Existing Conditions

Upper Road is classified by MassDOT as a Rural Minor Collector and both the road and bridge are owned and maintained by the Town of Deerfield. The road and bridge are in a northeast/southwest alignment

A00834 - 3 but are referenced herein as being in a north/south alignment for consistency with the WQC application.

The existing four-span bridge is approximately 371 feet long and carries two 11-foot-wide travel lanes, one in each direction, with one-foot-wide shoulders on each side for total width of 24 feet. The bridge substructure consists of concrete abutments and three concrete piers. Existing Pier 1 is in an upland area south of the Deerfield River. Existing Piers 2 and 3 are in the Deerfield River, with Pier 2 in the center of the bridge and Pier 3 to the north.

The Deerfield River is a perennial Coldwater Fishery that flows southeast under the bridge, with a bankfull width of approximately 226 feet. A portion of the Project will occur within a Federal Emergency

Management Agency (FEMA) 1% annual chance of flooding zone (Zone A11) associated with the river.

Bordering Vegetated Wetlands (BVWs) are present along the river; however, no BVWs are present within the Project limits. The portion of the Project on the south side of the Deerfield River is within a

Zone II Wellhead Protection Area. In addition, the entire Project is also located within Massachusetts

Natural Heritage and Endangered Species Program (NHESP) Estimated and Priority Habitats of Rare

Species (EH 1319 and PH 2084).

Upper Road carries two 12-foot-wide travel lanes as it approaches the bridge, one in each direction, for a typical width of 24 feet. There are no shoulders, curbs, sidewalks, or bicycle accommodations. A closed stormwater drainage system is present at the northern approach to the bridge consisting of two catch basins on opposite sides of the road and an outfall in the northwest quadrant, which is stated as being likely filled with material. All other stormwater flows via country drainage untreated to the

Deerfield River and adjacent upland areas. Overhead utilities are present parallel to the west side of the bridge, which cross Upper Road just south of the bridge.

Project Description

The Project will replace the existing bridge with a three-span structure that will shift the centerline of the roadway approximately 8.5 feet to the west. The new bridge and Upper Road will carry two 11-foot-wide travel lanes, one in each direction, and will have five-foot-wide shoulders on each side for a total width of 32 feet. Approximately 720 feet of roadway reconstruction will occur along Upper Road including the bridge as well as 50 feet south and 300 feet north of the bridge. Roadway reconstruction as well as some milling and resurfacing will also occur along Lower Road north of the bridge and

Stillwater Road south of the bridge where they intersect with Upper Road. Existing overhead utilities will be shifted 6.5 feet to the west.

New abutments will be constructed in the location of the existing abutments. The existing piers will be demolished, which will require dredging in the Deerfield River, and two new piers will be constructed;

one in the Deerfield River adjacent to the south of Existing Pier 3, and one in the upland south of the

Deerfield River north of Existing Pier 1. Land Under Water (LUW) will be replicated and restored as discussed below. A hydraulic study determined that the Project will not result in an increase of the Base

Flood Elevation (BFE).

Temporary steel sheet cofferdams will be installed to dewater work areas and conduct the work in the dry. Steel sheeting will be cut below the mudline where Existing Pier 2 will be removed and will be cut down to bedrock where Existing Pier 3 will be removed. Steel sheeting used to support construction of the new pier in the Deerfield River will be cut off above the footing to permanently support the riprap scour protection that will be placed around the pier.

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A temporary access road will be constructed in the southwest quadrant through uplands to provide barge access for construction support. Neither the access road nor the barge will result in temporary or permanent impacts to BVWs or LUW.

Stormwater infrastructure improvements include deep sump catch basins and an infiltration basin with a sediment forebay as discussed below. The existing catch basins and outfall in the northwest quadrant that is filled with material will be removed.

LUW Impacts, Replication, and Restoration

LUW impacts have been avoided and minimized to the extent practicable per 314 CMR 9.06(1) and (2) and are limited to the area required to remove the existing piers and construct the new pier in the

Deerfield River, install riprap scour protection, and replicate and restore the streambed.

The Project will result in 2,747 square feet (sf) of permanent impacts to LUW from the placement of riprap scour protection where the existing piers will be removed and the new pier will be constructed in the Deerfield River. The Project will result in a net gain of 1,219 sf of LUW due to the reduction in the number of piers in the river. The Project will require 529 cubic yards (cy) of dredging to remove the existing piers.

Twelve inches of natural streambed material will be placed over riprap to restore the streambed in the location where Existing Pier 2 will be removed. Suitable native streambed material dredged during the

Project will be stockpiled and reused as available. Because the substrate surrounding Existing Pier 3 is bedrock, riprap will be placed to restore the streambed where it will be removed. LUW replication and restoration will be conducted under the supervision of a Fluvial Geomorphologist.

Stormwater Management Standards

The Project will increase impervious surface by 0.1 acre (5,288 sf) and qualifies as a redevelopment project as defined at 314 CMR 9.02 as it consists of maintenance and improvement of an existing roadway with no widening, adding shoulders, improving existing drainage systems, and repaving.

Through construction of an infiltration basin and sediment forebay, and installation of deep sump catch basins, Stormwater Management Standard 3 will be exceeded and Standards 2 and 4 will be met to the maximum extent practicable using the macro approach. Stormwater Management Standard 4 is met for all new impervious surface and met to the maximum extent practicable for existing impervious surface.

A complete evaluation concluded additional locations for Stormwater Control Measures (SCMs) are not practicable within the Project area. Stormwater runoff will remain as country drainage where SCMs are not practicable. Existing conditions will be improved by providing additional groundwater recharge over existing developed conditions.

Stormwater Management Standard 6 will be met to the maximum extent practicable by construction of an infiltration basin with a sediment forebay and deep sump catch basins for pretreatment within the

Zone II Wellhead Protection Area. The infiltration basin will also ultimately discharge to the Deerfield

River, a Coldwater Fishery. Infiltration basins are highly recommended within Zone II Wellhead

Protection Areas and for discharges near Coldwater Fisheries per the Stormwater Handbook.

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Stream Crossing Standards

The Project meets or exceeds all Massachusetts Stream Crossing Standards except for Standard 3, which is met to the maximum extent practicable per 314 CMR 9.06(2)(b)4. Due to the length of the bridge, multiple spans are required and a single span that achieves 1.2 times the bankfull width is not practicable. However, reducing the number of spans from four to three increases the main channel span between the new piers to 145 feet from the current 90 feet between Existing Piers 2 and 3.

Sediment Chemistry

Sediment sample analytical results were compared to the Reportable Concentration (RC) S-1 criteria of the Massachusetts Contingency Plan. Results of the sediment samples analyzed indicated the presence of metals and Polycyclic Aromatic Hydrocarbons in concentrations below the RC S-1 criteria. As previously discussed, suitable native streambed material dredged during the Project will be stockpiled and reused as available. Dredged materials determined to meet specifications for structural fill will be reused to the extent possible as backfill. All dredge and disposal activities shall occur in accordance with

Special Conditions 34 through 41.

Invasive Species

Invasive species will be managed in accordance with an Invasive Plant Management Strategy (IPMS) to be approved by MassDEP. Control of invasive plants will be initiated prior to any vegetation clearing or soil disturbance. Japanese knotweed (Reynoutria japonica) will be specifically targeted, as it is dominant throughout the Project area.

Wildlife and Rare Species

In an email dated January 30, 2025, the Massachusetts Division of Fisheries and Wildlife (DFW) stated no in-water work time of year (TOY) restrictions are required for the Project. As previously discussed, the entire Project is located within NHESP Estimated and Priority Habitats of Rare Species (EH 1319 and PH

2084). NHESP issued a Conditional No-Take Determination on January 6, 2025 for the Project. The

Project is required to incorporate a construction-period Wood Turtle Protection Plan (TPP) to be approved by NHESP prior to the start of work including vegetation clearing or soil disturbance, as conditioned herein. Therefore, through implementation of the approved TPP, the Project will be in compliance with 314 CMR 9.06(2).

Based on a review of information provided by the applicant, MassDEP finds that this project complies with the standards described under 314 CMR 9.06 and 9.07. Public notice was provided in the

Greenfield Recorder on December 27, 2024, and in the MEPA Environmental Monitor on January 8, 2025. No comment letters were received during the public comment period.

Therefore, based on information currently in the record, MassDEP grants a WQC for this project subject to the following conditions to maintain water quality, to minimize impact on waters and wetlands, and to ensure compliance with appropriate state law. The Department further certifies in accordance with

314 CMR 9.00 that there is reasonable assurance the project or activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law. Finally, the Department has determined that upon satisfying the conditions

A00834 - 6 and mitigation requirements of this approval, the project provides a level of water quality necessary to protect existing uses and accordingly finds that the project to be implemented satisfies the Surface

Water Quality Standards at 314 CMR 4.00.

Pursuant to 314 CMR 9.09(1)(d); 314 CMR 9.06(6)(a); 310 CMR 9.06(2); 314 CMR 9.07; 314 CMR 9.07(1);

314 CMR 9.09(7)(5)(c); 314 CMR 9.11; and 314 CMR 9.09(1)(e), the following Special Conditions are necessary to ensure that construction practices and stormwater controls are implemented in such a manner as to prevent degradation to wetlands and waters; ensure that practicable steps have been taken which will avoid and minimize impacts to wetlands and waters; minimize turbidity and sediment caused by construction activities; ensure that water quality is not degraded, and that biology of the waters are not negatively impacted by potential discharges; and/or maintain a record of the dredged material for reference and to ensure accountability in its transportation.

Those Special Conditions that require direct submittals to MassDEP for either review, or review and approval, are denoted by the following notation (Submittal) at the end of the condition and are summarized in Attachment A. In addition, those conditions with the (Submittal) designation shall be included in the Special Provisions and, as applicable, reviewed at the Pre-Construction Meeting.

1. All work shall be performed in accordance with the following documents and plans:

o Application for Water Quality Certification. Prepared by Green International Affiliates, Inc. on behalf of MassDOT, with cover letter and attachments. 401 WQC Filing Number:

24-WW26-0066-APP. Dated December 20, 2024.

o Plans entitled: “Massachusetts Department of Transportation Highway Division, Plan and Profile of Upper Road over Deerfield River (Bridge No. D-06-001(CAQ)) in the Town of Deerfield, Franklin County, 100% Submittal”. WQC/ACOE Plan Sheets 1 through 28.

Prepared by Green International Affiliates, Inc. Undated, submitted as Attachment H in the WQC application.

o Plans submitted with MassDOT Responses to MassDEP Administrative Completeness and Technical Deficiency Review, dated June 6, 2025. Impact Plans 1 of 2 and 2 of 2;

Construction Plans 1 of 2. Prepared by Green International Affiliates, Inc.

o MassDEP Administrative Completeness and Technical Deficiency Review. 401 WQC

Transmittal No: 24-WW26-0066-APP. Dated January 16, 2025.

o MassDOT Responses to MassDEP Administrative Completeness and Technical Deficiency

Review, with attachments. Prepared by Green International Affiliates, Inc. Dated June 6, 2025.

o Massachusetts Division of Fish and Wildlife comments via email. Subject: Re: MassDOT

Upper Road Bridge over Deerfield River, Deerfield - Replacement 608634. Dated January

30, 2025.

o Massachusetts Natural Heritage and Endangered Species Program Take Determination.

NHESP File No. 23-6213. Dated January 6, 2025.

A00834 - 7 o Hydraulic and Scour Report. Upper Road Bridge over Deerfield River, Deerfield, Massachusetts (Bridge No. D-06-001(OPP)). Prepared by Green International Affiliates, Inc. for MassDOT. Dated September 2020, revised November 2020.

Pre-Construction

2. A qualified Fluvial Geomorphologist (FGM) with a minimum of five years of relevant professional experience in stream replacement and restoration projects shall be employed to oversee all LUW replacement and restoration activities as proposed in the application. The name, contact information, and qualifications of the FGM shall be provided to MassDEP for approval with a copy to the Deerfield Conservation Commission prior to the Pre-Construction

Meeting required in Condition 4. (Submittal)

3. Prior to the Pre-Construction Meeting required in Condition 4, the applicant shall provide

MassDEP with the name and contact information of the Resident Engineer (RE) responsible for ensuring that all work complies with the conditions of this WQC. (Submittal)

4. A minimum of 21 days prior to the start of ground disturbance or vegetation clearing, MassDOT shall contact MassDEP to schedule an onsite Pre-Construction Meeting to review the approved plans and terms and conditions of this WQC. The RE, the construction contractor, a representative from the MassDOT Environmental Section and/or the District Environmental

Engineer shall attend the Pre-Construction Meeting. No work shall commence prior to the Pre-

Construction Meeting.

5. MassDEP shall be copied on applicable submittals to the U.S. Army Corps of Engineers (USACE).

These include but are not limited to: Self-Verification Notification Form (SVNF); Pre-Construction

Notification (PCN); Work-Start Notification Form; Mitigation Work-Start Notification Form; and

Compliance Certification Form. The Work-Start Notification Form shall be submitted at least 14 days before the anticipated start of work and the Compliance Certification Form shall be submitted within 30 days following the completion of the authorized work. (Submittal)

6. A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan (CP/PP) shall be developed and implemented as required by 314 CMR 9.06(6)(a)8. A minimum of 14 days prior to the start of work, MassDOT shall submit the CP/PP for review and approval. If the

U.S. Environmental Protection Agency (EPA) Construction General Permit (CGP) applies, the

Stormwater Pollution Prevention Plan (SWPPP) may serve as the CP/PP, providing it includes the measures required to be in the CP/PP per these Special Conditions, in addition to the measures specifically required by the CGP. Any subsequent changes to the Final CP/PP (defined herein as including the construction period SWPPP if applicable) must be approved by MassDEP.

(Submittal)

7. Training regarding erosion and sedimentation controls is required. The RE, CP/PP Inspector, and any other relevant personnel responsible for erosion and sedimentation controls shall complete the EPA CGP Inspector Training, or other training that meets the CGP requirements, as well as complete a comprehensive review of the Final CP/PP. Proof of completion of the training shall be submitted to MassDEP prior to the start of work. (Submittal)

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8. The CP/PP shall identify, but shall not be limited to, staging and laydown areas in relation to

LUW, proposed dewatering methods and locations, proposed stockpile locations and their proximity to catch basins or other drainage conveyances that discharge to wetland resource areas, and the location of construction-period erosion and sedimentation controls. Stockpiles shall be located no less than 50 feet from BVWs, IVWs, LUW, catch basins, or other drainage conveyances that discharge to BVWs, IVWs, or LUW.

9. A minimum of 14 days prior to the start of work, MassDOT shall submit a Control of Water Plan for review and approval. The Plan shall include a description of proposed methods to isolate and dewater work areas within streams while maintaining stream flow, including but not limited to the method of isolation (e.g., steel sheeting or sandbag cofferdam), dewatering methods and locations and specifications for stream bypass systems as applicable. The Control of Water Plan shall include a plan depicting LUW boundaries, and the location of all relevant methods and materials which shall be located within the LUW impact areas approved herein. The plan shall meet requirements of the CP/PP and be specific to the Project. Dewatering and stream bypasses shall be conducted under the supervision of the RE or other project staff with knowledge of these practices and comply with the applicable conditions identified herein.

(Submittal)

10. Prior to the start of work, approved erosion and sedimentation control measures shall be installed per the approved CP/PP and as applicable, the manufacturer specifications. Erosion and sedimentation control measures may consist of, but are not limited to, silt fence, staked straw bales, silt/turbidity curtains, compost filter tubes, etc.

11. Prior to the Pre-Construction Meeting, the boundaries of LUW shall be re-flagged where they are within 50 feet of the limits of work. All boundary markers, once in place, shall remain in place throughout construction until all disturbed surfaces have been permanently stabilized.

Boundary markers shall be fully evaluated annually and refreshed where needed.

Implementation of and compliance with this requirement shall be documented by the RE. All construction personnel shall be made aware of these markers.

12. A minimum of 14 days prior to the start of work, the Operations and Maintenance Plan and

Long-Term Pollution Prevention Plan shall be submitted to MassDEP for review and approval.

(Submittal)

13. Prior to any work within the 1% annual chance of flooding zone within Project limits, including mobilization or storage of equipment and materials, a Flood Contingency Plan shall be submitted to MassDEP for review and approval that includes at a minimum the following information and provisions: (Submittal)

a. The RE and/or Contractor shall monitor the National Weather Service forecast daily, and upon issuance of a flood watch or flood warning for the Project area, the Flood

Contingency Plan shall be implemented.

b. Upon implementation of the Flood Contingency Plan, all construction equipment and materials located below the Base Flood Elevation (BFE) shall be removed and placed in an upland location above the BFE and outside of LUW.

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c. Anchored stationary equipment may remain below the BFE if demonstrated to be required and upon written approval from MassDEP. In the event semi-stationary equipment cannot be feasibly removed before the arrival of the storm, they shall be adequately secured and MassDEP shall be notified prior to the storm.

d. A requirement to inspect and maintain all erosion and sedimentation controls, and stabilize all exposed soils as needed below the BFE prior to the storm shall be included.

e. A plan depicting at a minimum, but not limited to, LUW boundaries, the Project limits, and the BFE boundary based on ground elevations shall be included.

f. Staff and materials must be available 24 hours per day, seven days per week to implement the Flood Contingency Plan. The name, affiliation, title, email address, and phone number of each person responsible for implementing the Flood Contingency Plan shall be included.

g. No work shall commence until the flood watch or flood warning has ended, all areas below the BFE have been inspected, and erosion and sedimentation controls are maintained as needed.

14. The Contractor shall develop an Invasive Plant Management Strategy (IPMS) to be submitted to

MassDEP for review and approval prior to the Pre-Construction Meeting. The IPMS shall be implemented as approved. (Submittal)

15. If needed, use of herbicides to control invasive species shall be implemented in accordance with the approved IPMS and with the following requirements:

a. Herbicides shall only be applied by a Licensed Applicator;

b. Only herbicides registered with the Massachusetts Pesticide Board Subcommittee shall be applied to the targeted area/species;

c. The manufacturer’s label directions must be followed, in addition to any conditions imposed by other state or local authorities;

d. Herbicide application shall use no more than the minimum application rate to accomplish removal of the target species; and

e. Applicants must obtain a BRP WM04 Herbicide Permit from the MassDEP Wetlands Pro-gram, Dredge Unit before performing herbicide application in waterbodies (traditionally lakes and ponds).

16. Final Construction Plans (the plans provided to the contractor) shall be submitted for review at least 30 days prior to the Pre-Construction Meeting required in Condition 4 and shall include the

Plan Sheets submitted with the MassDOT Responses to MassDEP Administrative Completeness and Technical Deficiency Review, dated June 6 ,2025. Temporary impacts associated with the barge in the Deerfield River shall be removed from the Impact Plans and associated calculations.

Once MassDEP provides written approval, the updated set of plans shall become the “Final Plan of Record.” The Plan shall be prepared and signed by a Professional Engineer in the

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Commonwealth of Massachusetts and shall incorporate all revisions and additions to the original plans that have been approved as discussed herein. (Submittal)

17. In accordance with the NHESP Conditional No-Take Determination, dated January 6, 2025, a

Wood Turtle Protection Plan (TPP) shall be submitted to NHESP for review and approval prior to the start of work. MassDEP shall be copied on the TPP submittal to NHESP, and proof of NHESP approval of the TPP shall be submitted to MassDEP prior to the start of work. (Submittal)

Construction Period

18. No more than 2,747 sf of permanent impacts to LUW shall occur. No more than 529 cy of dredging in LUW shall occur. All work shall avoid unapproved impacts to LUW.

19. The Project shall identify one individual with at least three years of experience with construction period erosion and sedimentation control to be responsible for erosion and sedimentation control inspections (CP/PP Inspector). Under the direction of the CP/PP Inspector, inspection and maintenance of erosion and sediment controls in active work areas may be performed by both the Contractor and RE or other MassDOT project staff. Maintenance is the responsibility of the Contractor; however, the permittee shall be ultimately responsible for erosion and sedimentation control failure. The RE, and/or contractor shall immediately notify MassDEP and the Deerfield Conservation Commission if any unauthorized discharges to LUW occur.

20. CP/PP inspections shall occur at least once every seven calendar days and within 24 hours of a storm event that produces 0.5 inches or more of rain within a 24-hour period, or at a more stringent frequency if the CP/PP requires.

21. Copies of CP/PP Inspection and Maintenance Log Forms shall be submitted to MassDEP within

14 days upon request.

22. Disturbed areas shall be stabilized immediately after activities have permanently ceased or will be temporarily inactive for 14 or more calendar days. The installation of stabilization measures shall be implemented as soon as practicable, but no later than 14 calendar days after stabilization has been initiated.

23. Work within LUW shall be conducted in low or no-flow conditions to the extent practicable.

Notice shall be provided to MassDEP and the Deerfield Conservation Commission within 24 hours prior to the commencement of dewatering. Dewatering methods and location(s) shall be approved by the RE or other project staff with knowledge of these practices prior to use to ensure consistency with the approved Control of Water Plan, and shall be documented in the

CP/PP. There shall be no discharge of untreated dewatered stormwater or groundwater to

LUW. Any discharges shall be visibly free of sediment.

24. Additional erosion and sedimentation control materials shall be stored on-site at all times for emergency and routine replacement. Materials shall be kept covered, dry, and accessible at all times. The CP/PP Inspector shall be responsible for anticipating the need for and installation of additional erosion and sedimentation controls and shall have the authority to require additional

A00834 - 11 erosion control measures to protect wetland resource areas beyond what is shown on the plans if field conditions or professional judgment dictate that additional protection is necessary.

25. The Contractor shall monitor the National Weather Service forecast for updates, and upon issuance of a flood watch for the 1% annual chance of flooding zone, shall implement the flood contingency plan referenced in Condition 13.

26. Any storm drains with potential to receive discharge from stockpiled materials or construction operations shall be managed to inhibit the inflow of sediment while not increasing the likelihood of roadway flooding during periods of precipitation. The CP/PP shall specify measures to implement this. Filter fabric stretched under storm drain inlet grates are not acceptable for this purpose.

27. Stockpiles shall be located no less than 50 feet from LUW, catch basins, or other drainage conveyances that discharge to LUW.

28. The contractor shall have designated washout areas for concrete equipment that will be comprised of impermeable material and sized to contain project concrete wastes and wash water. Concrete wash out areas shall be located no less than 50 feet from LUW and catch basins or other drainage conveyances that discharge directly or indirectly to LUW.

29. Refueling, washing, and cleaning of vehicles and other construction equipment shall not take place within 50 feet of LUW and any wash water shall be contained such that it does not drain toward LUW. MassDEP shall explicitly approve in writing any deviation to this condition for oversized stationary vehicles.

30. The contractor shall have spill containment kits on site. In the event of a release of fuels and/or oils, the local fire department, MassDEP Emergency Response and MassDEP Wetlands Program

Highway Unit shall be contacted, and in addition, the MassDEP Bureau of Waste Site Cleanup shall be notified per the requirements of the Massachusetts Contingency Plan, 310 CMR

40.0000.

31. Construction vehicles or other vehicles or heavy equipment are prohibited from traversing over the proposed location of infiltration SCMs to avoid compaction of soils during construction.

These areas shall be demarcated by silt fence with signage, or high visibility fencing. If access through the location of an infiltration SCM is unavoidable, MassDOT shall request written approval from MassDEP to use low ground pressure equipment to complete the work.

Following completion of the work, subsoils shall be tilled to a minimum depth of 18 inches prior to placement of final surface dressing materials required by the approved plans. Tilling shall only be conducted when the subsoils are in a friable condition and dry enough so that a clump cannot be formed into a ball shape by hand. No vehicles or heavy equipment shall be permitted within the infiltration SCM following placement of the final materials without written approval from MassDEP. Proposed infiltration SCMs shall remain offline until final stabilization is achieved, unless written approval is obtained from MassDEP.

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32. Construction vehicles and equipment shall not enter the LUW unless authorization is provided by way of this permit or amendment. The Contractor shall use equipment with boom reach capabilities and other measures to avoid inadvertent impacts to jurisdictional resource areas as a result of excavation, riprap placement, and/or bridge/pier demolition materials.

33. A temporary shielding or containment system shall be in place beneath the bridge structure prior to removal and concrete excavation to prevent debris from falling into the water below. In the event that any debris accidentally enters the Deerfield River, it shall be immediately retrieved. Notice shall be provided to MassDEP if debris enters the river and that it has been removed with photo-documentation (if practicable) submitted by email.

Dredging

34. MassDEP shall be notified one week prior to the start of dredging so that staff may inspect the work for compliance throughout the project.

35. No later than 21 days prior to commencement of dredging activity, a Dredged Material

Dewatering Plan shall be submitted to MassDEP for review and approval. At a minimum, the

Plan shall include but not be limited to the type of containment, method of dewatering (i.e.

mechanical or by gravity), method of collecting the dewatered effluent and method of disposal.

(Submittal)

36. Best Management Practices (BMPs) shall be employed by the contractor to protect resource areas located adjacent to the proposed staging/temporary dredged material stockpiling and dewatering areas. Sediment stockpiles shall be constructed in accordance with the MassDEP approved project plans, stabilized, bottom-lined if not placed on paved surfaces and securely covered with wind tear resistance tarpaulin, polyethylene sheeting or similar impermeable material at all times, and properly labeled. Stockpile covers shall be securely weighed down.

Stockpiles shall also be secured to restrict access by the public and shall be set back at least 10 feet from temporary construction access roads or other areas and activities which could disturb the stockpiles and associated erosion controls; if the 10-foot setback cannot be met, then a

MassDEP-approved barrier shall be provided. Inspection of the sediment containment and dewatering location and associated erosion controls shall be conducted daily and within 24 hours of a storm that produces 0.5 inches or more of rain. Any observed deficiency shall be corrected or repaired in a timely manner.

37. In the event of a precipitation or storm event, the site shall be secured beforehand in such a way as to protect resource areas and waters on site and downstream of the site, including covering of stockpiles of dredged material. Sediment stockpile areas shall be inspected in line with the frequency of the CP/PP required in Condition 6. Any observed deficiency shall be corrected or repaired in a timely manner to prevent discharge from the stockpiled material. If stormwater runoff and erosion is observed from stockpiled dredged material, additional erosion and/or damage prevention controls measures shall be implemented.

38. Measures shall be in place to prevent turbid waters, due to dredging, demolition, or debris removal activities, from extending past the limits of work into the Deerfield River. These measures can be items such as turbidity curtains and/or sheet piles.

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39. If visual turbidity escapes the controls in place, as described in Condition 38, work shall stop immediately and MassDEP shall be notified within 24 hours. Work shall not resume until the issue is corrected and to the satisfaction of MassDEP.

40. All turbidity controls shall be inspected daily by the RE or a designated MassDOT Project Staff. If any damage is observed the controls in place will be replaced or repaired immediately.

41. If dredged sediment is disposed of off-site, MassDEP shall be notified in writing of the name and location of the upland licensed facilities accepting the dredged material for disposal or reuse for review and approval. If the licensed facility is located out of state, documentation shall be provided to MassDEP that the dredged material disposal/reuse has been approved and will be accepted by the receiving State. The dredged material shall not be transported to the facility without concurrence of MassDEP.

Stream Mitigation

42. The FGM shall oversee all LUW replication and restoration. Placement of streambed materials shall take place in no- or low-flow conditions. The Control of Water Plan required in Condition 9 shall include measures to create no-flow conditions for this work such as a pump bypass system or other dewatering method, if needed. Placement of streambed materials during greater than low-flow conditions shall require a placement plan, with a narrative describing turbidity control measures, submitted to MassDEP for review and approval.

43. A minimum of 14 days prior to installation of the streambed materials, the FGM shall meet with the contractor to determine the suitability of stockpiled streambed material for reuse and whether there is sufficient stockpiled material to complete streambed restoration.

44. Water shall be slowly introduced back into the restored and dewatered LUW work areas as to not cause erosion and sedimentation. The FGM will provide final approval of the streambed restoration upon re-wetting of banks and removal of water controls (photographs will suffice unless otherwise determined by the FGM).

45. Upon completion of the LUW replication and restoration, the FGM shall provide photographs and a summary of the completed work to MassDEP and the Deerfield Conservation Commission.

(Submittal)

46. MassDEP reserves the right to determine the success or failure of the LUW replication and restoration areas and reserves the right to require additional measures deemed necessary to promote success.

Post-Construction

47. All temporary erosion controls shall be removed at the conclusion of work once the surrounding area has achieved final stabilization.

General Conditions

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48. Any proposed alterations, minor plan changes, or amendment requests, as well as any required submittals shall be sent by email for review and approval to heidi.davis@mass.gov and ryan.hale@mass.gov. (Submittal)

49. This WQC remains in effect for the same duration as the Section 404 permit that requires it.

50. No Special Condition set forth herein shall be construed or operate to prohibit MassDEP from taking enforcement against MassDOT or its contractors for any failure to comply with the terms and requirements of this WQC.

51. No activity authorized by this WQC may begin prior to expiration of the 21-day appeal period, or until a final decision is issued by MassDEP in the event of an appeal.

Failure to comply with this Certification is grounds for enforcement, including civil and criminal penalties, under MGL Ch. 21 §42, MGL Ch. 21A §16, or other possible actions/penalties as authorized by the General Laws of the Commonwealth.

This Certification does not relieve the applicant of the obligation to comply with other appropriate state or federal statutes or regulations.

NOTICE OF APPEAL RIGHTS

a.) Appeal Rights and Time Limits

Certain persons shall have a right to request an adjudicatory hearing concerning certifications by MassDEP when an application is required: (a) the applicant or property owner; (b) any person aggrieved by the decision who has submitted written comments during the public comment period; (c) any ten

(10) persons of the Commonwealth pursuant to M.G.L. c.30A where a group member has submitted written comments during the public comment period; or (d) any governmental body or private organization with a mandate to protect the environment which has submitted written comments during the public comment period. Any person aggrieved, any ten (10) persons of the Commonwealth, or a governmental body or private organization with a mandate to protect the environment may appeal without having submitted written comments during the public comment period only when the claim is based on new substantive issues arising from material changes to the scope or impact of the activity and not apparent at the time of public notice. To request an adjudicatory hearing pursuant to M.G.L. c.30A, § 10, a Notice of Claim must be made in writing, provided that the request is made by certified mail or hand delivery to MassDEP, with the appropriate filing fee specified within 310 CMR 4.10 along with a DEP Fee Transmittal Form within twenty-one (21) days from the date of issuance of this Certificate, and addressed to:

Case Administrator Department of Environmental Protection

100 Cambridge Street, 9th Floor Boston, MA 02114

A copy of the request shall at the same time be sent by certified mail or hand delivery to the Department of Environmental Protection at:

Proposal No. 608634-134590

A00834 - 15 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

Wetlands Program, Highway Unit 100 Cambridge Street, 8th floor

Boston, MA 02114 b.) Contents of Hearing Request

A Notice of Claim for Adjudicatory Hearing shall comply with MassDEP’s Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information pursuant to 314 CMR 9.10(3):

1. the 401 Certification Transmittal Number;

2. the complete name of the applicant and address of the project;

3. the complete name, address, and fax and telephone numbers of the party filing the request, and, if represented by counsel or other representative, the name, fax and telephone numbers, and address of the attorney;

4. if claiming to be a party aggrieved, the specific facts that demonstrate that the party satisfies the definition of “aggrieved person” found at 314 CMR 9.02;

5. a clear and concise statement that an adjudicatory hearing is being requested;

6. a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the objections to this Certificate, including specifically the manner in which it is alleged to be inconsistent with the MassDEP’s Water Quality Regulations, 314 CMR 9.00, and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written Certification; and

7. a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant, the owner (if different from the applicant), the conservation commission of the city or town where the activity will occur, the Department of Conservation and Recreation (when the certificate concerns projects in Areas of Critical Environmental Concern), the public or private water supplier where the project is located (when the certificate concerns projects in

Outstanding Resource Waters), and any other entity with responsibility for the resource where the project is located.

c.) Filing Fee and Address

The hearing request along with a DEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to:

Commonwealth of Massachusetts

Commonwealth Master Lockbox PO Box 4062

Boston, MA 02211

The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. MassDEP may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth

A00834 - 16 the facts believed to support the claim of undue financial hardship together with the hearing request as provided above.

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

Very truly yours, Heidi M. Davis Highway Unit Supervisor

Ecc: DEP WERO – Michael McHugh USACE – Dan Vasconcelos USACE – Kevin Newton MassDOT – Michael Joa MassDOT – Christopher Cameron Green International Affiliates, Inc. – Oxana Fartushnaya Green International Affiliates, Inc. – Tiffany Card

Deerfield Conservation Commission – Amy Hahn, Administrative Assistant

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ATTACHMENT A

PRE-CONSTRUCTION SUBMITTAL CHECKLIST

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

THIS CHECKLIST MUST BE COMPLETED PRIOR TO THE START OF WORK. NOTE THAT SOME CONDITIONS REQUIRE THAT INFORMATION BE SUBMITTED A SPECIFIC NUMBER OF DAYS PRIOR TO THE START OF

WORK OR THE PRE-CONSTRUCTION MEETING.

Pre-Construction Meeting Date:

Condition Required Submittal Due Date Date

Submitted Date

Approved

PRE-CONSTRUCTION SUBMITTAL REQUIREMENTS

2 Name, contact information, and qualifications of the FGM, including specific experience and years to meet requirement

Prior to Pre-Con-struction Meet-ing

3 Name and contact information of the RE Prior to Pre-Con-struction Meet-ing

5 USACE Work-Start Notification Form 14 days prior to work start

6 CP/PP 14 days prior to work start

7 Verification of Erosion and Sediment Control Training

Prior to work start

9 Control of Water Plan 14 days prior to work start

12 Operations and Maintenance Plan and Long Term Pollution Prevention Plan

14 days prior to work start

13 Flood Contingency Plan Prior to any work within 1% annual chance of flood-ing zone

14 Invasive Plant Management Strategy Prior to Pre-Con-struction Meet-ing

16 Final Construction Plans 30 days prior to Pre-Construction Meeting

17 NHESP Approval of Wood Turtle Protection Plan

Prior to work start

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