A00841-612183.pdf

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

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DOCUMENT A00841

MASSACHUSETTS

Department of Environmental Protection

Water Quality Certificate

Massachusetts Department Of Transportation Highway Division

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THIS PAGE IS INTENTIONALLY LEFT BLANK

Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs

Department of Environmental Protection Address: 100 Cambridge Street, Suite 900, Boston MA 02114 | Phone: 617-292-5500

Maura T. Healey Governor

Kim Driscoll Lieutenant Governor

Rebecca Tepper Secretary

Bonnie Heiple Commissioner

1/12/2026

Massachusetts Department of Transportation Highway Division 10 Park Plaza, Suite 6340 Boston, MA 02116 ATTN: Courtney Walker

RE: 401 WATER QUALITY CERTIFICATION

BRP WW 11, Minor Fill Project BRP WW 08, Minor Dredge Division Street Bridge G-11-002 (04F) replacement over the Housatonic River Great Barrington, MA

401 WQC Filing Number: 25-WW26-0024-APP USACE Application No. NAE-2025-02189 MassDOT File Number: 612183

Dear Ms. Walker:

The Massachusetts Department of Environmental Protection (MassDEP) has reviewed your application for a Water Quality Certification (WQC), as referenced above. The WQC application was deemed complete on December 12, 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 project proposes the replacement of the existing, temporary bridge (G-11-002 (04F)) superstructure over the Housatonic River, as well as improvements to the existing roadway approaches and minor stormwater improvements in Great Barrington (the Project).

Proposed work includes riprap scour protection which will be installed around the existing abutments.

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The Commonwealth of Massachusetts

Address: 100 Cambridge Street, Suite 900, Boston, MA 02114 Phone: 617-292-5500

The original bridge, constructed in 1950, consisted of a single-span structure with an overall bridge span of 136.5 feet and width of 25 feet. This bridge carried two 10-foot travel lanes with no shoulders. The original bridge was closed to vehicular traffic in 2019 due to structural deficiencies and the current temporary structure was installed in November of 2022. The temporary bridge is a single-span structure with a length of 140 feet and a width of 26 feet-10 inches. The temporary bridge carries one lane of alternating traffic and a 5-foot sidewalk. Division Street is a two-lane, uncurbed road with two 11-foot travel lanes and no shoulders or sidewalks.

The Project will occur within Priority Habitat of several state-listed species. Accordingly, the Natural Heritage & Endangered Species Program of the MA Division of Fisheries and Wildlife (NH&ESP) has determined that, in order to avoid a prohibited take of state-listed species, the conditions outlined in the NH&ESP letter of October 10, 2025 shall be met. This includes a prohibition of in-water work between April 1st and July 15th. While the Housatonic River as a whole is considered a cold water fishery, the MA Division of Fisheries and Wildlife has stated that this particular location is not known for supporting cold water fish.

The Project will occur within a Federal Emergency Management Agency (FEMA) 1% annual chance of flooding zone (Zone AE) associated with the Housatonic River but will not impact the Base Flood Elevation or regulatory floodway. Though TMDLs have not been established for this segment of the Housatonic River, it is listed as a Category 5 waterway in the Integrated List of Waters as a result of impairment due to the presence of the invasive zebra mussel (Dreissena polymorpha) and elevated concentrations of PCBs (polychlorinated biphenyls) in fish tissue.

The Project will replace the existing temporary bridge with a new 136.5-foot single-span structure consisting of steel plate girders with a composite concrete deck. The new bridge width will be 32 feet consisting of two 11-foot travel lanes, one in each direction, and 5-foot shoulders on both sides. The existing abutments will be cut down, recapped, and reutilized with the construction of the new superstructure. These abutments will have riprap scour protection installed around them. 330 feet of full depth reconstruction of the approaches will occur, with approximately 160 feet on the east side of the bridge and 170 feet on the west side. During the course of project review, the proposed quantity of riprap to be installed was decreased while the quantity of proposed natural streambed material to be installed was increased.

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In total, 2,368 square feet (sf) of permanent impact to Land Under Water (LUW) is required to complete the project. Permanent impacts are due to the placement of riprap scour countermeasures surrounding the existing bridge abutments.

Installation of riprap scour protection will require dredging of approximately 674 cubic yards (cy) of material. The Project area is known to have high levels of PCBs which was corroborated by soil samples taken in April of 2025. These samples also revealed low levels of heavy metals just below the RCS-1 limit. Proper handling, containment, dewatering and transportation of this material will be conducted throughout the duration of the project.

An alternatives analysis was completed in accordance with 314 CMR 9.00. Three alternatives were considered, and the chosen alternative was picked to minimize impacts to the Housatonic River. The no-build alternative is not practicable to meet the project goal of removing the temporary bridge superstructure.

The Project meets the Stormwater Management Standards to the maximum extent practicable (MEP) per 314 CMR 9.06(6). The installation of the pathways and hardscapes at the approaches will increase impervious surface within the Project limits by 3,205 sf.

The proposed stormwater improvements include four additional deep sump catch basins placed along the northern and southern edges of the western approach. The proposed catch basins will connect into the existing closed drainage system, discharging to the Housatonic River. Additionally, the two catch basins installed along the southern edge of the roadway will discharge stormwater to two proposed leaching basins, which will be installed along the southern edge of the western approach. Additional stormwater control measures (SCMs) were not proposed due to steep slopes and the presence of Article 97 property in close proximity to the project limits.

The Project will comply with the Stream Crossing Standards to the maximum extent practicable. All standards will be met except for Standard 3. Bankfull width of the Housatonic River is 152 feet, requiring a span of 182 feet to satisfy 1.2 times bankfull width. The current span of 134 feet will not change because the existing abutments will be utilized for the proposed bridge.

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. Public notice was

A00841 - 5 provided in the Berkshire Eagle on October 3, 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. MassDEP 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 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. This WQC is for all federal permits and licenses, including the U.S. Coast Guard Bridge Permit, pursuant to 40 CFR Part 121.

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:

a. Application for Water Quality Certification. “Bridge No. G-11-002 (04F) Replacement Division Street over Housatonic River” in Great Barrington, MA.

Prepared by Green International Affiliates on behalf of MassDOT, dated

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September 30, 2025, with cover letter and attachments. 401 WQC Filing Number: 25-WW26-0024-APP.

b. MassDEP Technical Review, 401 Water Quality Certification, Minor Fill and Dredge Project Certification. Bridge No. G-11-002 (04F) Replacement Division Street over Housatonic River in Great Barrington, MA. Dated October 22, 2025.

c. Responses to MassDEP Technical Review, 401 Water Quality Certification, Minor Fill and Dredge Project Certification. Bridge No. G-11-002 (04F) Replacement Division Street over Housatonic River in Great Barrington, MA.

Prepared by Green International Affiliates on behalf of MassDOT, Dated December 11, 2025.

d. MESA Determination from Massachusetts Division of Fisheries and Wildlife, Natural Heritage & Endangered Species Program, dated October 15, 2025.

Pre-Construction

2. A qualified Fluvial Geomorphologist (FGM) with a minimum of five years of relevant professional experience in stream replication and restoration projects shall be employed to oversee all LUW replication and restoration activities as proposed in the WQC application and approved herein. The name, contact information, and qualifications of the FGM shall be provided to MassDEP for review and approval with a copy to the Great Barrington Conservation Commission prior to the Pre- Construction Meeting required in Condition 5. The FGM shall either attend the Pre- Construction Meeting or a separate virtual or onsite meeting with MassDEP, MassDOT, and the Contractor prior to any LUW replacement or restoration work.

(Submittal)

3. One individual with at least three years of experience with construction period erosion and sedimentation controls shall be employed to be responsible for CP/PP inspections (CP/PP Inspector). The name, contact information, and qualifications of the CP/PP Inspector shall be provided to MassDEP for review and approval with a copy to the Great Barrington Conservation Commission prior to the Pre- Construction Meeting required in Condition 5. (Submittal)

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4. Prior to the Pre-Construction Meeting required in Condition 5, 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)

5. 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 (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.

6. 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)

7. A 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 approved CP/PP (defined herein as including the construction period SWPPP if applicable) must be approved by MassDEP. (Submittal)

8. Training regarding erosion and sedimentation controls is required. The 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

A00841 - 8 review of the approved CP/PP. Proof of completion of the training shall be submitted to MassDEP prior to the start of work. (Submittal)

9. 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 LUW, catch basins, or other drainage conveyances that discharge to LUW.

10. 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 the 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)

11. 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.

12. 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.

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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.

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.

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14. Final Construction Plans (the plans provided to the Contractor) shall be submitted for review at least 30 days prior to the Pre-Construction Meeting. Sufficient supporting information, explanation, and documentation shall be provided to MassDEP and the Great Barrington Conservation Commission outlining any deviations from the plans approved herein, and MassDEP may at its discretion require additional supporting documentation as a condition of review. 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 Commonwealth of Massachusetts and shall incorporate all revisions and additions to the original plans that have been approved as discussed herein. (Submittal)

15. A minimum of 21 days prior to the start of demolition work, a Demolition Plan shall be submitted for review and approval describing how the existing bridge will be demolished and what measures will be taken to ensure that demolition material, including but not limited to any pollutants, construction debris, toxic or hazardous substances, and airborne dust, is properly contained and does not enter the Housatonic River. (Submittal)

Construction Period

16. No more than 2,368 sf of permanent impacts to LUW shall occur. No more than 674 cy of dredging in LUW shall occur All work shall avoid unapproved impacts to

LUW.

17. 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 Great Barrington Conservation Commission if any unauthorized discharges to LUW occur.

18. 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.

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19. Copies of CP/PP Inspection and Maintenance Log Forms shall be submitted to MassDEP within 14 days upon request.

20. 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 disturbed areas have been inactive.

21. Work within LUW shall be conducted in low or no-flow conditions to the extent practicable. Notice shall be provided to MassDEP and the Great Barrington 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.

22. 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 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.

23. 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.

24. 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.

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

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26. 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.

27. 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.

28. 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 immediately 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.

29. 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.

30. No in-water, silt-producing work shall occur during the Time of Year (TOY) restriction between the dates of April 1 to July 15. Work may proceed behind dewatered cofferdams at any time, provided they are installed and removed outside of the TOY restriction.

31. 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.

32. Sheet piles shall be fully removed from LUW upon stabilization of the area as required. No portion of sheet piles shall remain unless approved by MassDEP in writing prior to installation. A request to leave sheet piles shall include, but not be limited to, demonstration that full removal of the sheet piles is not feasible or

A00841 - 13 practicable, and an alternatives analysis demonstrating alternative methods to isolate the work area(s) are not feasible or practicable.

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 Housatonic 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. All handling of contaminated sediment exceeding MCP RCS-1 criteria and authorized by this WQC shall be conducted under the direction of a Licensed Site Professional (LSP). Prior to the Pre-Construction Meeting required in Condition 5, the applicant shall provide MassDEP with the name, qualifications, and contact information of the LSP. (Submittal)

37. An Environmental Health & Safety Plan shall be required for the protection of workers from any exposure to known/suspected contaminants present in environmental media (including sediment which has been characterized as exceeding MCP RCS-1 criteria). A copy shall be provided to MassDEP at least two weeks prior to the commencement of the dredging operation.

38. Dredged sediment shall be sampled to determine the suitability for reuse or if offsite disposal is required. Sampling data including sampling methods and laboratory QA/QC data shall be provided to MassDEP within 48 hours once available from the analytical laboratory for review. Results of the chemical analysis

A00841 - 14 shall be compared to the reuse levels in Policy COMM-97-001- Reuse and Disposal of Contaminated Soil at Massachusetts Landfills for reuse as landfill daily cover and to the Massachusetts Contingency Plan (MCP) RCS-1 criteria. The approved LSP required by Condition 36 will review the data to determine if the sediment exceeds these criteria and requires disposal at an out-of-state facility within ten calendar days. The data and LSP determination shall be submitted to MassDEP prior to transportation of this material. MassDOT shall implement the determination of the LSP and of any further requirements by MassDEP regarding the disposal of all dredged sediment. (Submittal)

39. 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.

40. 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 7. 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.

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41. Dredging, stockpiling of dredged material, and offsite transport of dredged material shall be sequenced and conducted in a manner to limit stockpiling time. Sediment characterized as having concentrations exceeding the RCS-1 criteria shall not be stockpiled at the site longer than 90 days from the date of generation. Extensions may be requested to accommodate unforeseen delays subject to MassDEP approval.

42. 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 Housatonic River. These measures can be items such as turbidity curtains and/or sheet piles.

43. If visual turbidity escapes the controls in place, as described in Condition 42, 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.

44. 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.

45. 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.

46. If dredged sediment is disposed of off-site, Transportation and disposal of the dredged material shall be overseen by the LSP of record. A Bill-of-Lading (BOL) or a Material Shipping Record (MSR) shall be used to track the dredged material to the licensed disposal facility and/or proposed intermediate (stockpiling /dewatering) facility. A fully executed copy of the BOL or MSR shall be provided to MassDEP within 30 days of final shipment to the reused location or facility.

47. If dredged sediment is disposed of off-site, Best Management Practices (BMPs) shall be implemented during transportation of the dredged material to the licensed receiving facility. At a minimum, when transported upon public roadways, all

A00841 - 16 dredged material shall have no free liquid as determined by the Paint Filter Test or other suitably analogous methodology acceptable to MassDEP, and a tarpaulin or other means shall be used to cover the dredged material during transport.

Stream Mitigation

48. The FGM shall oversee all LUW restoration. Placement of streambed materials shall take place in no- or low-flow conditions. The Control of Water Plan required in Condition 10 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.

49. 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.

50. Water shall be slowly introduced back into the restored and dewatered LUW work areas as to not cause erosion and sedimentation. This work shall be overseen by the FGM. The FGM shall 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).

51. Upon completion of the LUW restoration, the FGM shall provide photographs and a summary of the completed work to MassDEP and the Great Barrington Conservation Commission. (Submittal)

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

Post-Construction

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

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54. Mulch used as an erosion or sedimentation control may be spread in upland areas at a depth that will not inhibit vegetative growth and shall not be spread in LUW.

General Conditions

55. Any proposed 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 tyler.lewis@mass.gov. (Submittal)

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

57. 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.

58. 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

Proposal No. 612183-134691

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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:

Department of Environmental Protection 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;

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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 Department of Environmental Protection

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

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Should you have any questions relative to this permit, please contact myself or at heidi.davis@mass.gov and Tyler Lewis tyler.lewis@mass.gov.

Very truly yours, Heidi M. Davis Highway Unit Supervisor

Ecc: DEP WERO – Michael McHugh USACE – Dan Vasconcelos MassDOT – Melissa Lenker MassDOT – David Paulson USACE – cenae-r-ma@usace.army.mil

Green International - Oxana Fartushnaya - ofartushnaya@greenintl.com Great Barrington ConCom – Kate Van Olst - conservation@townofgb.org

A00841 - 21 mailto:heidi.davis@mass.gov mailto:tyler.lewis@mass.gov mailto:ofartushnaya@greenintl.com

ATTACHMENT A

PRE-CONSTRUCTION SUBMITTAL CHECKLIST

Division Street Bridge replacement over the Housatonic River Great Barrington, MA

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

Prior to Pre- Construction Meeting

3 Name, contact information, and qualifications of the CP/PP inspector, including specific experience and years to meet requirement

Prior to Pre- Construction Meeting

4 Name and contact information of the

RE

Prior to Pre-

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

7&8 CP/PP and Training Verification 14 days prior to

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10 Control of Water Plan 14 days prior to

13 Flood Contingency Plan Prior to Work Start

14 Final Construction Plans 30 days prior to Pre-

15 Demo Plan 21 days prior to Pre-

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THIS PAGE IS INTENTIONALLY LEFT BLANK

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