A00840-612183.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 612183-134691

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DOCUMENT A00840

MASSACHUSETTS

Department of Environmental Protection

ADMINISTRATIVE COMPLETENESS REVIEW OF THE

401 WATER QUALITY CERTIFICATE APPLICATION

LETTER AND RESPONSES

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THIS PAGE IS INTENTIONALLY LEFT BLANK

MEMORANDUM

December 11, 2025

This memorandum provides the responses to DEP Administrative Completeness and Technical Deficiency Letter for 401 WQC Transmittal No: 25-WW26-0024-APP.

Proof of public notice published in the Berkshire Eagle newspaper on October 3, 2025 is attached to these Responses.

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

GENERAL

1. Section 4.0 (Proposed Conditions) states a 136.5-foot superstructure will be installed while section

1.0 (Introduction) states it will be a 138-foot structure. Please clarify which length is correct.

The correct length is 136’-6”, as shown on the plans and noted in section 4.0. The inclusion of the 138’ length was a clerical error.

2. Section 11 states that “proposed activities are likely to be subject to Time of Year restriction by NHESP” while an attached letter from Adam Kautza indicates that DFW will not request a TOY restriction. Please clarify.

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) Tyler Lewis, MassDEP (tyler.lewis@mass.gov) Melissa Lenker, MassDEP (Mellissa.Lenker@dot.state.ma.us) Janhavi Limaye, PM, MassDOT (janhavi.b.limaye@dot.state.ma.us) Lily Collins, MassDOT ( lily.r.collins@dot.state.ma.us) Courtney Walker, MassDOT (courtney.l.walker@dot.state.ma.us) Michael Joa, MassDOT (michael.a.joa@dot.state.ma.us) Great Barrington Conservation Commission (conservation@townofgb.org) Matthew LaPlante, Green International Affiliates, Inc. (mlaplante@greenintl.com)

From: Oxana Fartushnaya, Green International Affiliates, Inc.

Date: December 11, 2025

Project Name: Bridge No. G-11-002 (04F) Replacement, Division Street over Housatonic River, Great Barrington, MA

Project Number: Green No. 21058.01XX

Subject: Response to MassDEP Administrative Completeness and Technical Deficiency Review letter for 401 WQC Transmittal No: 25-WW26-0024-APP

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Response to MassDEP Administrative Completeness and Technical Deficiency Review letter for 401 WQC Transmittal No: 25-WW26-0024-APP

The DFW coordination materials received at the time of our initial Water Quality Certification submission included Adam Kautza stating that a TOYR was unlikely to be necessary. However, since the submission of our applicant materials, the MESA Determination Letter received from the Division of Fisheries and Wildlife, dated October 10, 2025, includes a TOYR stipulating that “no work shall occur within water from April 1 – July 15”. A MESA Determination letter, dated 10/10/2025, was submitted to DEP via email as well as uploaded on ePLACE, on 10/14/2025.

3. Section 5.0, Stream Crossing Narrative, notes that the bankfull width of the Housatonic Rivers is 152 feet according to StreamStats. Was the bankfull width field verified? And if so, where was the measurement taken?

Section 3.2 of the WQC narrative notes that the existing bankfull width (BFW) of the Housatonic River, as measured in the field, is approximately 134 feet, while Section 12 (SCGS #3) references the USGS StreamStats value of approximately 152 feet. During the August 15, 2025 pre-filing site visit with MassDEP and USACE, it was agreed that the BFW could be reliably estimated using StreamStats data and verified through aerial imagery. The BFW was observed to be well-defined and consistent along the river reach between the Risingdale Dam (NATID: MA00250), about 0.9 miles upstream, and the Williams River confluence about 0.5 miles downstream. Based on field observations and aerial photograph review, the average BFW was approximately 134 feet (ranging from ~115 feet upstream to ~150 feet downstream). For the stream crossing narrative discussion section (SCGS #3), the more conservative StreamStats value of 152 feet was used (Please see the attached MassMapper Markup).

4. A DOT Specification for a Licensed Site Professional (LSP) should be included.

MassDOT Item 180.03 is included in the Contract (Please find attached).

5. The proposed cofferdam system for dewatering and installation of riprap does not appear to provide adequate room for the contractor to work. Please provide details of the anticipated cofferdam system and how it will allow for the proper installation of the riprap.

The proposed sheet pile layout reflects the standard approach used on projects of a similar nature. Sheet piles would not typically be moved farther out, as the contractor can excavate directly up to them without issue. The specific cofferdam details are also normally determined by the contractor. Per discussions on 11/6/2025, MassDEP agreed that the proposed layout of the cofferdam system for dewatering and installation of riprap will suffice for this project.

6. A note on Plan Sheet 23 of 52 states that temporary support of excavation will be cut off 1 foot below riverbed. All steel sheet piles installed for dewatering and support of excavation should be removed completely.

Following discussions with MassDEP on 11/6/2025, the riprap scour countermeasure design was altered to allow for the support of excavation sheet piles to be completely removed from the riverbed once the installation of the riprap and natural streambed material is complete. The new design will not shift the proposed scour countermeasure impact footprint or alter dredge/fill volumes; however, the proposed quantity of riprap to be installed has decreased while the

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Response to MassDEP Administrative Completeness and Technical Deficiency Review letter for 401 WQC Transmittal No: 25-WW26-0024-APP quantity of proposed natural streambed material to be installed has increased. The bridge plan sheets have been modified to reflect these changes and are attached to this document.

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. Please note that NHESP coordination must be complete prior to issuance of the WQC.

MESA Determination letter, dated 10/10/2025, was emailed to MassDEP and was uploaded on ePLACE on 10/14/2025. The project contract includes special provisions to address the special conditions for mussel and fisheries protection to avoid a Take of state-listed species. No work will occur in water from April 1 to July 15.

Enclosed with this letter response are the following documents:

Proof of published public notice MESA Determination MassMapper BFW Measurements MassDOT Item 180.03 Bridge Plan (Sheets 6 & 8)

Y:\Shared\Engineering\Projects\2021\21058\21058.01XX Great Barrington Division St\612183\DOCS\PERMITS\WQC\Admin And Techdef Review\Responses To Admin And Tech Def - 612183.Docx

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ATTACHMENTS

• Administrative Completeness and Technical Deficiency Review letter, dated 10/22/25

• Proof of published public notice

• MassMapper BFW Measurements

• MESA Determination, NHESP File No.: 24-18735, dated 10/10/2025

• MassDOT Item 180.03

• Bridge Plan (Sheets 6 & 8)

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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

October 22, 2025

Massachusetts Department of Transportation Highway Division Ten Park Plaza, Suite 4160 Boston, MA 02116 ATTN: Michael Joa

RE: 401 WATER QUALITY CERTIFICATION

Administrative Completeness and Technical Deficiency Review

401 WQC Transmittal No: 25-WW26-0024-APP

AT: Division Street Housatonic River Great Barrington, MA

Dear Mr. Joa:

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 the Environmental Monitor per Section 24 of Chapter 79 of the Acts of 2014 to be administratively complete. In addition, please provide proof of which newspaper the legal ad was published and date of publication per 314 CMR 9.05(3).

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

1. Section 4.0 (Proposed Conditions) states a 136.5-foot superstructure will be installed while section 1.0 (Introduction) states it will be a 138-foot structure.

Please clarify which length is correct.

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2. Section 11 states that “proposed activities are likely to be subject to Time of Year restriction by NHESP” while an attached letter from Adam Kautza indicates that DFW will not request a TOY restriction. Please clarify.

3. Section 12.0, Stream Crossing Narrative, notes that the bankfull width of the

Housatonic Rivers is 152 feet according to StreamStats. Was the bankfull width field verified? And if so, where was the measurement taken?

4. A DOT Specification for a Licensed Site Professional (LSP) should be included.

5. The proposed cofferdam system for dewatering and installation of riprap does not appear to provide adequate room for the contractor to work. Please provide details of the anticipated cofferdam system and how it will allow for the proper installation of the riprap.

6. A note on Plan Sheet 23 of 52 states that temporary support of excavation will be cut off 1 foot below riverbed. All steel sheet piles installed for dewatering and support of excavation should be removed completely.

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. Please note that NHESP coordination must be complete prior to issuance of the WQC.

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 and Tyler Lewis at tyler.lewis@mass.gov.

Sincerely, Heidi M. Davis Highway Unit Supervisor

Ecc: DEP WERO – Michael McHugh USACE – Dan Vasconcelos MassDOT – Melissa Lenker MassDOT – Courtney Walker

Proposal No. 612183-134691

A00840 -8 mailto:heidi.davis@mass.gov mailto:tyler.lewis@mass.gov

MassDOT – Lily Collins Green International - Oxana Fartushnaya - ofartushnaya@greenintl.com

Great Barrington ConCom – Kate Van Olst - conservation@townofgb.org

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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 Bridge No. G-11-002 Superstructure Replacement Project in the Town Great Barrington, MA by the Massachusetts Department of Transportation Highway Division, 10 Park Plaza, Room 7360, Boston, MA 02116. The project will include the replacement of the existing bridge superstructure, the placement of riprap scour countermeasures within the Housatonic River along the existing abutments, and roadway improvements. Additional catch basins and leaching basins are also proposed within a portion of the project corridor. Additional information may be obtained from the Massachusetts Department of Transportation — Highway Division at the above address, Attention Courtney Walker or by emailing Courtney.l.walker@dot.state.ma.us.

Written comments should be sent to Heidi Davis, MassDEP Wetlands Program, 100 Cambridge Street, Suite 900, Boston, MA 02114 or 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 within 21 days of this notice 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.

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THE COMMONWEALTH OF

MASSACHUSETTS

LAND COURT

DEPARTMENT OF THE TRIAL

COURT

Docket Number: 25 SM 002870

ORDER OF NOTICE

To:

Ardelyne I. Rosario: Justin Shane Moakler and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):

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LEE WATER CUSTOMERS

HYDRANT FLUSHING SCHEDULE

FALL 2025

The fire hydrants in the Town of Lee are scheduled to be flushed on approximately Sunday, October 19, 2025 through November 10, 2025, between the hours of 6:00PM and 2:00AM.

The following is the expected street order for flushing:

Golden Hill, Laurel St., Summer St., Prospect St., W. Park St., Spring St.

and Mandalay Rd.

Fairview St., Stockbridge Rd., George St., Devon Rd., Spring St., Parkview and Mtn. View Ter., Navin Heights, Theresa Ter. and Debra Ave.

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NORTHERN BERKSHIRE

HOMEFINDERS

TOWN OF GREAT BARRINGTON

PUBLIC HEARING

TOWN OF GREAT BARRINGTON

NOTICE OF PUBLIC HEARING

The Selectboard will hold a Public Hearing on Monday, October 20, 2025 at 6:00 PM at 334 Main St, Great Barrington, MA 01230, to act on the application from Latin Grocery Inc. for transfer of license and change of manager of the All Alcoholic Beverages on-premises liquor license at 284 Main Street, #11, Great Barrington, MA 01230.

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10/03/2025

Town of Tyringham

Conservation Commission

Notice is hereby given that the T y r i n g h a m C o n s e r v a t i o n Commission will hold a public hearing on October 9, 2025, 7:00 PM, via Zoom only to act on a Request for Determination of App l icat ion f i led by The Morgan-Alsop Nominee Trust for the parcel known as Map 403, Lot 5, on 28 Main Road. The link will be available on the town website at least 48 hours in advance. The applicant wishes to upgrade a septic system and the described work is within the buffer zone.

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10/03/2025 claiming to have an interest in a Mortgage covering real property in North Adams, numbered 139 Reed Street, given by Ardelyne I. Rosario, Justin Shane Moakler to Mortgage Electronic Registration Systems, Inc., as nominee for Evolve Bank & Trust, dated February 28, 2020, and recorded in the Berkshire County (Northern District) Registry of Deeds in Book 1706, Page 858 and now held by the Plaintiff by assignment, has/have filed with this court a complaint for determination of Defe n d a n t ' s / D e f e n d a n t s ' Servicemembers status.

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Witness, Gordon H. Piper, Chief Justice of this Court on September 29, 2025.

Attest:

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Commonwealth of Massachusetts The Trial Court

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(413) 442-6941

INFORMAL PROBATE

PUBLICATION NOTICE

Docket No. BE25P0674EA

Estate of: Frederic Carl Chapman Also known as: Frederic C.

Chapman a/k/a Frederic Chapman Date of Death: 05/26/2025

To all persons interested in the above captioned estate, by Petition of Petitioner Ronald L. Russell of Randolph, ME.

a Will has been admitted to informal probate.

Ronald L. Russell of Randolph, ME has been informally appointed as the Personal Representative of the estate to serve without surety on the bond.

The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses o f administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner.

James R. Loughman, Esq.

Donovan O'Connor & Dodig, LLP 1330 Mass MoCA Way North Adams, MA 01247

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Public NoticesPublic Notices Public Notices

A00840 -10

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A00840 -11

October 10, 2025

Julia Hoogeboom

Massachusetts Department of Transportation - Highway Division, Environmental Services

10 park plaza

Boston, MASSACHUSETTS 02116

RE: Applicant: Julia Hoogeboom, Massachusetts Department of Transportation - Highway Division, Environmental Services

Project Location: Division Street over the Housatonic River

Project Description: 612183 - GREAT BARRINGTON- BRIDGE REPLACEMENT, G-11-002, DIVISION STREET

OVER HOUSATONIC RIVERGREAT

NHESP File No.: 24-18735

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 (MGL. c. 131A) and its implementing regulations (321 CMR 10.00) (MESA).

PROJECT DESCRIPTION (the “Project”)

The project, as currently proposed, includes the replacement of the Division Street Bridge over the Housatonic

River in Great Barrington as shown on the Project Plan.

STATE-LISTED SPECIES

The Project as currently proposed will occur within Priority Habitat of the following state-listed species:

Scientific Name Common Name Taxonomic Group State Status

Special ConcernMusselCreeperStrophitus undulatus

Special ConcernDragonfly/DamselflyBrook SnaketailOphiogomphus aspersus

Special ConcernFishLongnose SuckerCatostomus catostomus

State-listed species and their habitats are protected in accordance with the MESA.

MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)

A00840 -12

24-18735NHESP No. Page 2 of 3 Issued October 10, 2025

The MESA is administered by the Division and prohibits the Take of state-listed species, which includes actions that

“in reference to animals, means to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct, and in reference to plants, means to collect, pick, kill, transplant, cut or process or attempt to engage or to assist in any such conduct. 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 wildlife species”

(321 CMR 10.02). The purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-listed species will result from the proposed project.

Based on the information provided and the information contained in our database, the Division finds that the

Project 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 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.

If you have any questions regarding this letter please contact Tim McGuire, Endangered Species Review Biologist, at timothy.mcguire2@mass.gov, (508) 389-6366.

Sincerely, Jesse Leddick

Assistant Director cc: david paulson, Massachusetts Department of Transportation

Julia Hoogeboom, Massachusetts Department of Transportation

Attachment: List of Conditions

A00840 -13

24-18735NHESP No. Page 3 of 3 Issued October 10, 2025

List of Conditions

Applicant: Julia Hoogeboom, Massachusetts Department of Transportation - Highway Division, Environmental Services

Project Location: Division Street over the Housatonic River

Project Description: 612183 - GREAT BARRINGTON- BRIDGE REPLACEMENT, G-11-002, DIVISION STREET OVER

HOUSATONIC RIVERGREAT

NHESP File No.: 24-18735

Heritage Hub Form ID: RC-96012

Approved Plan: Proposed Superstructure Replacement Great Barrington Division Street Over Housatonic

River

Plan date: 9/4/25 Revised Date: N/A

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

1. Mussel Protection: Prior to the start of work within Land Under Water and Waterbodies or Bank, a one-time mussel sweep shall be conducted immediately prior to the work. The purpose of the sweep is for a qualified biologist to search the area area of work in-water and vicinity for mussels and translocate them outside of area subject to alteration.

a. State Listed Mussel Sweep: Mussels shall be located, identified, and moved to suitable habitat away from impacts associated with the project immediately prior to work within habitat.

b. Pre-Approval: The Division must pre-approve the candidate biologist(s) prior to any Work subject to this condition. The ability to locate and identify state-listed mussels requires significant experience with the target mussel species. The resume/curriculum vitae of the candidate biologist, demonstrating extensive experience locating state-listed mussels, shall be sent to the Division for written pre-approval.

c. Collection Permit: The biologist must obtain a Commercial Scientific Collection Permit for this project site prior to conducting mussel sweeps. Commercial Scientific Collection Permit Application & filing fee information can be found at: https://www.mass.gov/doc/commercial-scientific-collection-permit-application/download.

d. Survey Timing: Survey and relocation of mussels shall only occur between June 1 and October 1.

e. Reporting: The survey report, reporting positive or negative finding (aka ‘fail to find’) shall be submitted to the Division as outlined in the survey guidelines reporting all state-listed and watch-listed species. Please note that survey data must be submitted via the Heritage Hub (www.mass.gov/heritagehub) within 10 days of the completion of the survey.

2. Fisheries Protection: To avoid impacts to state listed fish, no work shall occur within water from April 1 - July

15.

A00840 -14

Project No. 612183

ITEM 180.03 LICENSED SITE PROFESSIONAL SERVICES HOUR

Within limited areas of the project site, soils, sediments and/or groundwater may be contaminated.

A Licensed Site Professional (LSP) shall be required to provide the services necessary to comply with the requirements of the MCP. These services may include sampling, analysis and characterization of potentially contaminated media, preparation of Immediate Response Action (IRA) Plans, Utility-Related Abatement Measure (URAM) and Release Abatement Measure (RAM) Plans, Imminent Hazard Evaluations, status reports, transmittal forms, release notification forms, risk assessments, completion statements, and related documents required pursuant to the Massachusetts Contingency Plan (MCP). LSP hours related to the characterization and disposal of contaminated soil and/or sediment are incidental to the disposal items. An estimate of LSP services to be provided shall be submitted to the Engineer for approval before any LSP activity begins.

The name and qualifications of the LSP and all environmental technicians to be assigned to the project shall be submitted to the Engineer for approval at least four weeks prior to initial site activities. The LSP shall have a current, valid license issued by the Massachusetts Board of Registration of Hazardous Waste Site Cleanup Professionals. The LSP shall have significant experience in the oversight of MCP activities at active construction sites. Qualification packages for the LSP and each technician shall include a resume, all recent work assignments with responsibilities identified (previous 5 years), and applicable training and certifications. A list of all Notices of Noncompliance, Notice of Audit Findings and Enforcement Orders issued by the DEP shall be submitted for all work assignments listed for the LSP and environmental technicians.

The LSP shall evaluate soil and/or sediment with discoloration, odor, and presence of petroleum liquid or sheening on the groundwater surface, or any abnormal gas or materials in the ground which are known or suspected to be oil or hazardous materials. Excavated soil and sediment which is suspected of petroleum contamination shall be field screened using the jar headspace procedures according to established DEP Guidance. All field screening equipment must be pre-approved by the Engineer. The LSP shall ensure proper on site calibration of all field screening instrumentation.

The Engineer shall be contacted immediately when observations or any field screening results verify contamination requiring further analysis, and/or enhanced management of suspect soil and/or sediment. Any enhanced management of contaminated soil to ensure proper stockpiling and storage is incidental to the LSP Services item. The LSP shall adequately characterize subsurface conditions prior to backfill in areas where contaminated material has been excavated.

The Engineer shall approve the locations of the testing sites prior to the sampling.

A00840 -15

ITEM 180.03 (continued)

Contaminated soil, sediment and/or groundwater shall be handled in accordance with all applicable state and federal statutes, regulations and policies. The LSP shall adequately characterize contaminated media for comparison to the requirements of the MCP. The Contractor and the LSP shall be aware of the reporting requirements for releases of oil and/or other hazardous material (OHM) as set forth in federal and state laws and regulations, and shall both be held responsible for performing the work in accordance with all applicable Federal and State laws and regulations. The LSP shall maintain written records in a clear and concise format which tracks the excavation, stockpiling, analysis and reuse/disposal of all suspect contaminated soils, sediments and groundwater. These records shall be up-to-date and available to the Engineer on a bi-weekly basis.

The LSP shall review and summarize the laboratory data from any analyses performed on contaminated media. A report shall be delivered to the Engineer outlining the material sampling methods, laboratory analysis results and proposed course of action. The laboratory report together with Chain of Custody forms for all analytical results shall be submitted to the Engineer within 14 days after completion of such analyses.

The LSP and Contractor shall be held responsible for the submission of all MCP-related documents to the Engineer at least 14 days in advance of any timeframe specified in the MCP and for the timely submission of data and tracking information as noted within this Item. All documents prepared under this Item must be reviewed and signed by the approved LSP. The Contractor and LSP shall be responsible for all fines, penalties and enforcement requirements imposed by applicable regulatory agencies for failure to meet regulatory and contract timeframes. No compensation will be provided for such fines, penalties and enforcement actions.

The Contractor and the LSP shall be aware of the reporting requirements for releases of oil and/or other hazardous material (OHM) as set forth in federal and state laws and regulations, and shall both be held responsible for performing the work in accordance with all applicable Federal and State laws and regulations.

If the Contractor causes a release of OHM, the Contractor shall be responsible for assessing and remediating the release in accordance with all pertinent State and Federal regulations, including securing the services of a LSP, at his own expense.

The LSP shall coordinate all activities involving both MassDOT and the DEP through the Engineer. Any notification of release shall be approved by the Department before submittal to the DEP, except if an imminent hazard condition exists as defined in 309 CMR 4.03(4)(b).

A00840 -16

ITEM 180.03 (continued)

Laboratory Testing in Support of LSP Services

Laboratory testing provides for analytical testing in support of LSP services related to maintaining MCP compliance, such as delineating the extent and type of contamination present. Sampling and testing for disposal purposes are not included.

In order to maintain compliance with the MCP or other regulatory requirements, the LSP shall request approval from the Engineer to obtain samples from various locations and depths within the project area and to perform laboratory analyses on those samples. The samples shall be delivered to a DEP-certified laboratory using proper chain-of-custody documentation for analyses which, depending upon site conditions and suspected and/or identified contaminants of concern, may include, but are not limited to, metals, polychlorinated biphenyls (PCBs), volatile organic compounds (VOCs), semivolatile organic compounds (SVOCs), pesticides, polycyclic aromatic hydrocarbons (PAHs), extractable petroleum hydrocarbons (EPHs) and volatile petroleum hydrocarbons (VPHs).

Subsequent testing, depending upon initial results, may be required for Toxicity Characteristic Leaching Procedure (TCLP) analyses (EPA Method 1311) for metals.

Method of Measurement and Basis of Payment

LSP Services for work under this item will be measured per person, per hour of service provided by LSP, Environmental Technicians and other approved personnel. Travel time shall not be included in the billable hours. LSP hours related to soil/sediment disposal (disposal characterization, landfill acceptance, disposal package preparation, etc.) shall be incidental to disposal items.

The quantity and type of laboratory tests must be approved by the Engineer beforehand. The contractor will be reimbursed upon satisfactory written evidence of payment. The contractor may be required to obtain cost estimates from three DEP certified laboratories for the Engineer to choose the service provider. Laboratory testing related to soil/sediment disposal (disposal characterization, landfill acceptance, disposal package preparation, etc.) shall be incidental to disposal items.

LSP Services will be paid at the Contractor bid price for each hour, or fraction thereof, spent to perform the work as described above. The bid price shall be a blended rate that includes the cost of the LSP, environmental technicians and other personnel, the performance of all work tasks and field screening, including required equipment, materials and instrumentation, and production of all documentation described above. All requests for payment must be accompanied by the following information: the names of the personnel associated with the work charged under LSP Services, dates and hours worked, work conducted, including, where appropriate, locations as identified on the construction plans, and a copy of the field diary for the dates submitted.

Laboratory Testing will be reimbursed upon receipt of paid invoices for testing approved by the Engineer.

A00840 -17

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A00840 -19

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A00840 -20