A00863-610544.pdf

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

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DOCUMENT A00863

CHAPTER 91 LICENSE APPLICATION

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

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Engineers

Environmental Scientists

Software Developers

Landscape Architects

Planners

Surveyors

1 Mercantile Street, Suite 610 / Worcester, MA 01608 / 508-792-4500

January 2025 www.bscgroup.com

MassDEP Waterways Program

Chapter 91 Reviewer c/o MassDOT ISA

1 Winter Street – 5th Floor

Boston, MA 02108

Via DEP.Waterways@mass.gov or ePLACE

RE: MassDOT 610544 - Multi-Use Path Construction of Independence Greenway At I-95 and Route 1

Peabody, Massachusetts

Chapter 91 License Application - BRP WW 01b

Dear Chapter 91 Reviewer:

On behalf of the City Peabody, BSC Group, Inc. (BSC) is filing this Application to the Massachusetts Department of

Environmental Protection (MassDEP) for a General Water-Dependent Chapter 91 Waterways License pursuant to

Massachusetts Public Waterfront Act (M.G.L. c. 91) and implementing Regulations (310 CMR 9.00). This application is also being submitted under the Massachusetts Department of Transportation ISA as MassDOT is contributing funding towards the project construction. The City of Peabody (the Applicant) is seeking a License to authorize the installation of a new pedestrian bridge crossing over Proctor Brook in a stretch of the waterway between I-95 and Peabody Road.

The proposed bridge is associated with the construction of a new section of multi-use path to extend the Independence

Greenway and Border-to-Boston trail network. The 1.25-mile section of shared-use path will begin at Lt. Ross Memorial

Park and terminate at the existing Independence Greenway trailhead at Peabody Road.

The proposed bridge over Proctor Brook and overall Project is highly compatible with the public access interests protected and promoted by the Chapter 91 Waterways Program. It is integral to the proposed multi-use path route which utilizes former railroad beds and the State Highway Layout of I-95 to create a safer recreational and multi-modal setting, and brings the public to the water. The project aims to provide a more pedestrian and bicycle-friendly through-corridor in a disjointed area where busy on-street connections are otherwise required to utilize the existing regional trail network.

The bridge will span Proctor Brook in approximately a northwest-southeast direction, from approximately 42.542583°N, -70.982611°W (north of Proctor Brook) to 42.542083°N, -70.982417°W (south of Proctor Brook) as shown in

Attachment B (Figures) and Appendix F (Plans). The proposed bridge will consist of a 179-foot, single span, prefabricated truss steel superstructure supported on cast-in-place concrete foundations located on either side of the

Brook. The outside width of the superstructure is proposed to be 14’-7” and inside clear width for the trail is proposed to be 12’-0”. The bottom chord of the bridge will be approx. 2.8-ft above the surface elevation of Ordinary High Water

(OHW) as determined by hydraulic modeling of the 2-year storm event, and 2.11-ft above the calculated 100-Year Base

Flood Elevation (BFE). Clearance would increase by an additional ½ foot when looking at more typical annual high flows. No fill or access will be required below the high water mark but the bridge will span over the perennial stream channel.

An approximately 135-foot skewed portion of the proposed pedestrian bridge spans Proctor Brook within the limits of the high water mark, resulting in approximately 1,942 sf of structure area over the navigable waterway. This is the only permanent project component that fall within the geographic area subject to jurisdiction and requires a Chapter 91

Waterways License, pursuant to 310 CMR 9.05(1)(a). All abutments, concrete foundations, and other portions of the

Proposal No. 610544 - 135966

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1 Mercantile Street, Suite 610 / Worcester, MA 01608 / 508-792-4500 proposed bridge occurs upgradient of the high water mark and there will not be any dredge or fill within the channel .

The project limits were extended slightly to account for crane swing over the water to install the bridge during construction. Temporary impacts to vegetated wetlands and alteration of the FEMA 1% annual chance floodplain are associated with the construction access and staging and installation of the Proctor Brook pedestrian bridge. These impacts will be addressed appropriately in a Notice of Intent with the Peabody Conservation Commission.

Status of project permitting applications to date:

• MassDEP Waterways responded to a Request for a Determination of Applicability on July 19, 2024

(Determination No. 24-WW04-0010-APP) which asserted Chapter 91 jurisdiction over the project based on

310 CMR 9.04(1)(e), and on the decision that Proctor Brook is navigable in the location of the crossing (See

Attachment E).

• A Notice of Intent was submitted to the Peabody Conservation Commission (055-0950) on January 9, 2025

(See Attachment C).

• A Pre-Construction Notification (PCN) authorization application to the US Army Corps of Engineers (USACE) pursuant to Section 404 of the United States Clean Water Act (33 U.S.C.1251), under the General Permits for

Massachusetts (GP) 23 will be submitted.

• A MEPA EENF and SEIR were provided to the Executive Office of Energy and Environmental Affairs on

October 15, 2024, (EEA# 16885). The Final EIR certificate was issued on January 17, 2025 (See Attachment

D).

The Peabody Conservation Commission has been notified of this application. If you have any questions, please do not hesitate to contact me at dwalden@bscgroup.com, or at (617) 896-4529.

Sincerely, BSC Group, Inc.

Diana Walden Senior Scientist, Senior Associate cc: Lucia DelNegro, Conservation Agent, City of Peabody Curt Bellavance, Director of Community Development & Planning, City of Peabody

Kristine Chestna, MassDOT Erica Larner, MassDOT Kevin Thompson, MassDOT Kathryn Eagan, PE, BSC Group

Sara Kreisel, PWS, BSC Group

Proposal No. 610544 - 135966

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Table of Contents

Multi-Use Path Construction of Independence Greenway At I-95 and Route 1

City of Peabody

Chapter 91 License Application

MassDEP BRP Form WW 01B

Abutters List

List Of Environmental Regulatory Programs

Attachment A Project Narrative

Attachment B USGS Locus Map

Environmental Resources Map

FEMA FIRMette

Soil Map

Site Photographs

Attachment C Order of Conditions #055-0950 (TBD)

NOI Plans

Attachment D EoEEA Certificate #16885, EENF and EIR

Agency Comments

Attachment E Chapter 91 Determination of Navigability

Attachment F Chapter 91 License Plans

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CH91App.doc • Rev. 03/17

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program

Chapter 91 Waterways License Application - 310 CMR 9.00 Water-Dependent, Nonwater-Dependent, Amendment

Transmittal No.

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

For assistance in completing this application, please see the “Instructions”.

A. Application Information (Check one)

NOTE: For Chapter 91 Simplified License application form and information see the Self Licensing Package for BRP WW06.

Name (Complete Application Sections) Check One Fee Application #

WATER-DEPENDENT -

General (A-H) Residential with < 4 units $215.00 BRP WW01a

Other $330.00 BRP WW01b

Extended Term $3,350.00 BRP WW01c

Amendment (A-H) Residential with < 4 units $100.00 BRP WW03a

Other $125.00 BRP WW03b

NONWATER-DEPENDENT -

Full (A-H) Residential with < 4 units $665.00 BRP WW15a

Other $2,005.00 BRP WW15b

Extended Term $3,350.00 BRP WW15c

Partial (A-H) Residential with < 4 units $665.00 BRP WW14a

Other $2,005.00 BRP WW14b

Extended Term $3,350.00 BRP WW14c

Municipal Harbor Plan (A-H) Residential with < 4 units $665.00 BRP WW16a

Other $2,005.00 BRP WW16b

Extended Term $3,350.00 BRP WW16c

Joint MEPA/EIR (A-H) Residential with < 4 units $665.00 BRP WW17a

Other $2,005.00 BRP WW17b

Extended Term $3,350.00 BRP WW17c

Amendment (A-H) Residential with < 4 units $530.00 BRP WW03c

Other $1,000.00 BRP WW03d

Extended Term $1,335.00 BRP WW03e

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Bureau of Resource Protection - Waterways Regulation Program

B. Applicant Information Proposed Project/Use Information

1. Applicant:

Note: Please refer to the “Instructions”

City of Peabody (Curt Bellavance) Name

Curt.Bellavance@peabody-ma.gov E-mail Address

24 Lowell Street Mailing Address

Peabody City/Town

MA

State

01960 Zip Code

978-538-5770 Telephone Number

Fax Number

2. Authorized Agent (if any):

Diana Walden, BSC Group Name dwalden@bscgroup.com E-mail Address

1 Mercantile Street, Suite 610 Mailing Address

Worcester

MA

State

01608

617-896-4529 Telephone Number

Fax Number

C. Proposed Project/Use Information

1. Property Information (all information must be provided):

City of Peabody & Temple Beth El Cemetery Owner Name (if different from applicant)

Tax Assessor’s Map and Parcel Numbers

42.542134 Latitude

-70.982428 Longitude

520 Lowell Street, Peabody Street Address and City/Town

MA

State

01960

2. Registered Land Yes No

3. Name of the water body where the project site is located:

Proctor Brook

4. Description of the water body in which the project site is located (check all that apply):

Type Nature Designation

Nontidal river/stream Natural Area of Critical Environmental Concern

Flowed tidelands Enlarged/dammed Designated Port Area

Filled tidelands Uncertain Ocean Sanctuary

Great Pond Uncertain

Uncertain

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C. Proposed Project/Use Information (cont.)

Select use(s) from Project Type Table on pg. 2 of the “Instructions”

5. Proposed Use/Activity description

The City of Peabody proposes to construct a new, pedestrian bridge crossing over Proctor Brook as part of a 1.25-mile section of shared-use path to extend the Independence Greenway and Border-to- Boston trail network. The 179-foot bridge will span the banks and stream channel but there will be no impacts below the limits of mean high water. See Attachment A. Narrative for additional information.

6. What is the estimated total cost of proposed work (including materials & labor)?

$~15.78 million

7. List the name & complete mailing address of each abutter (attach additional sheets, if necessary). An abutter is defined as the owner of land that shares a common boundary with the project site, as well as the owner of land that lies within 50’ across a waterbody from the project.

See attached

See attached Address

D. Project Plans

1. I have attached plans for my project in accordance with the instructions contained in (check one):

Appendix A (License plan) Appendix B (Permit plan)

2. Other State and Local Approvals/Certifications

401 Water Quality Certificate Date of Issuance

Wetlands 055-0950 File Number

Jurisdictional Determination JD-

MEPA 16885

EOEA Secretary Certificate 1/17/2025 Date

21E Waste Site Cleanup RTN Number

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E. Certification

All applicants, property owners and authorized agents must sign this page. All future application correspondence may be signed by the authorized agent alone.

“I hereby make application for a permit or license to authorize the activities I have described herein. Upon my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the premises of the project site at reasonable times for the purpose of inspection.”

"I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge.”

Applicant’s signature

Property Owner’s signature (if different than applicant)

Agent’s signature (if applicable)

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F. Waterways Dredging Addendum

1. Provide a description of the dredging project

Maintenance Dredging (include last dredge date & permit no.) Improvement Dredging

N/A Purpose of Dredging

2. What is the volume (cubic yards) of material to be dredged?

3. What method will be used to dredge?

Hydraulic Mechanical Other

4. Describe disposal method and provide disposal location (include separate disposal site location map)

5. Provide copy of grain size analysis. If grain size is compatible for beach nourishment purposes, the

Department recommends that the dredged material be used as beach nourishment for public beaches. Note: In the event beach nourishment is proposed for private property, pursuant to 310 CMR 9.40(4)(a)1, public access easements below the existing high water mark shall be secured by applicant and submitted to the Department.

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G. Municipal Zoning Certificate

Curt Bellavance, City of Peabody Name of Applicant off 520 Lowell Street Project street address

Proctor Brook Waterway

Peabody

Description of use or change in use:

The City of Peabody proposes to construct a new, pedestrian bridge crossing over Proctor Brook as part of a 1.25-mile section of shared-use path to extend the Independence Greenway and Border-to- Boston trail network. The 179-foot bridge will span the banks and stream channel but there will be no impacts below the limits of mean high water.

To be completed by municipal clerk or appropriate municipal official:

“I hereby certify that the project described above and more fully detailed in the applicant’s waterways license application and plans is not in violation of local zoning ordinances and bylaws.”

Printed Name of Municipal Official

Signature of Municipal Official

Title

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H. Municipal Planning Board Notification

Notice to Applicant:

Section H should be completed and submitted along with the original application material.

Curt Bellavance, City of Peabody Name of Applicant off 520 Lowell Street Project street address

Proctor Brook Waterway

Peabody City/Town

Description of use or change in use:

The City of Peabody proposes to construct a new, pedestrian bridge crossing over Proctor Brook as part of a 1.25-mile section of shared-use path to extend the Independence Greenway and Border-to- Boston trail network. The 179-foot bridge will span the banks and stream channel but there will be no impacts below the limits of mean high water.

To be completed by municipal clerk or appropriate municipal official:

“I hereby certify that the project described above and more fully detailed in the applicant’s waterways license application and plans have been submitted by the applicant to the municipal planning board.”

Printed Name of Municipal Official

Signature of Municipal Official

Title

Note: Any comments, including but not limited to written comments, by the general public, applicant, municipality, and/or an interested party submitted after the close of the public comment period pertaining to this Application shall not be considered, and shall not constitute a basis for standing in any further appeal pursuant to 310 CMR 9.13(4) and/or 310 CMR 9.17.

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Appendix A: License Plan Checklist

General View

PE or RLS, as deemed appropriate by the Department, stamped and signed, in ink, each sheet within 8 1/2 inch by 11 inch border

Format and dimensions conform to “Sample Plan” (attached)

Minimum letter size is 1/8 of an inch if freehand lettering, 1/10 of an inch if letter guides are used

Sheet number with total number in set on each sheet

Title sheet contains the following in lower left: Plans accompanying Petition of [Applicant’s name, structures and/or fill or change in use, waterway and municipality]

North arrow

Scale is suitable to clearly show proposed structures and enough of shoreline, existing structures and roadways to define its exact location

Scale is stated & shown by graphic bar scale on each sheet

Initial plans may be printed on bond; final plans due before License issuance must be on 3mil

Mylar.

Structures and Fill

All Structures and Fill shown in full BLACK lines, clearly labeling which portions are existing, which are Proposed and indicating Existing Waterways Licenses

Cross Section Views show MHW* and MLW* and structure finish elevations

Dredge or Fill, actual cubic yardage must be stated and typical cross sections shown

All Structures and Fill shown in full BLACK lines, clearly labeling which portions are existing, which are Proposed and indicating Existing Waterways Licenses

Cross Section Views show MHW* and MLW* and structure finish elevations

Dredge or Fill, actual cubic yardage must be stated and typical cross sections shown

Actual dimensions of structures(s) and or fill and the distance which they extend beyond MHW* or

OHW*

Change in Use of any structures on site must be stated

* See 310 CMR 9.02, Waterways Regulations definitions of High Water Mark, Historic High Water Mark, Historic Low Water Mark, and Low Water Mark. Note: DEP may, at its discretion, accept appropriately scaled preliminary plans in lieu of the plans described above. In general, DEP will accept preliminary plans only for non-water dependent projects and projects covered by MEPA to address site design components such as visual access, landscaping & site coverage. Anyone wishing to submit preliminary plans must obtain prior approval of the DEP Waterways Program before

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Bureau of Resource Protection - Waterways Regulation Program submitting them with their application.

Appendix A: License Plan Checklist (cont.)

Boundaries

Property lines, full black lines, ————, along with abutters’ names and addresses

Mean High Water (MHW)* or Ordinary High Water (OHW)*, full black line ————

Mean Low Water (MLW)*, black dotted line, (.............)

Historic MHW* or OHW* (— — — — )

Historic MLW* (... ... ... )

State Harbor Lines, black dot-dash line ( – . – . – . – ) with indication of Chapter & Act establishing them (Ch. , Acts of )

Reference datum is National Geodetic Vertical Datum (NGVD) or (NAVD).

Floodplain Boundaries according to most recent FEMA maps

Proposed & Existing Easements described in metes & bounds

Water-Dependent Structures

Distance from adjacent piers, ramps or floats (minimum distance of 25’ from property line, where feasible)

Distance from nearest opposite shoreline

Distance from outside edge of any Navigable Channel

Access stairs at MHW for lateral public passage, or 5 feet of clearance under structure at MHW.

Non Water-Dependent Structures

Depict extent of “Water-dependent Use Zone”.

See Waterways Regulations at 310 CMR 9.51-9.53 for additional standards for non water-dependent use projects.

Note: Final Mylar project site plans will be required upon notice from the Department, prior to issuance of the Chapter 91 Waterways License.

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Appendix A: License Plan Checklist Cont.

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Appendix B: Dredging Permit Plan Checklist

For projects applying for dredging permits only, enclose drawings with the General Waterways Application that include the following information:

General View

Submit one original of all drawings. Submit the fewest number of sheets necessary to adequately illustrate the project on 8-1/2 inch X 11 inch paper.

A 1-inch margin should be left at the top edge of each drawing for purposes of reproduction and binding. A 1/2 inch margin is required in the three other edges.

A complete title block on each drawing submitted should identify the project and contain: the name of the waterway; name of the applicant; number of the sheet and total number of sheets in the set; and the date the drawing was prepared.

Use only dot shading, hatching, and dashed or dotted line to show or indicate particular features of the site on the drawings.

If deemed appropriate by the Department, certification by the Registered Professional Engineer or Land Surveyor is included.

Plan View

North Arrow

Locus Map

Standard engineering scale.

Distances from channel lines and structures if appropriate.

Mean high water and mean low water shorelines (see definitions of “High Water Mark” and “Low Water Mark” at 310 CMR 9.02, C. 91 Regulations).

Dimensions of area proposed to be dredged or excavated.

Notation or indication of disposal site.

Volume of proposed dredging or excavation.

Ordinary high water, proposed drawdown level, and natural (historic) high water (for projects lowering waters of Great Ponds).

Section Views

Existing bottom and bank profiles.

Vertical and/or horizontal scales.

Proposed and existing depths relative to an indicated datum.

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Elevation and details of control structure (for projects lowering waters of Great Ponds).

Appendix C: Application Completeness Checklist

Please answer all questions in the General Waterways Application form. If a question does not apply to your project write "not applicable" (n/a) in that block. Please print or type all information provided on the form. Use black ink (blue ink or pencil are not easily reproducible, therefore, neither will be accepted). If additional space is needed, attach extra 8-1/2" x 11" sheets of paper.

Proper Public Purpose: For nonwater-dependent projects, a statement must be included that explains how the project serves a proper public purpose that provides greater benefit than detriment to public rights in tidelands or great ponds and the manner in which the project meets the applicable standards. If the project is a nonwater-dependent project located in the coastal zone, the statement should explain how the project complies with the standard governing consistency of the policies of the Massachusetts Coastal Zone Management Program, according to 310 CMR 9.54. If the project is located in an area covered by a Municipal Harbor Plan, the statement should describe how the project conforms to any applicable provisions of such plan pursuant to 310 CMR 9.34(2).

Plans: Prepared in accordance with the applicable instructions contained in Appendix A-B of this application. For initial filing, meet the requirements of 310 CMR 9.11(3)(b)(3).

Applicant Certification: All applications must be signed by “the landowner if other than the applicant.

In lieu of the landowner’s signature, the applicant may provide other evidence of legal authority to submit an application for the project site.” If the project is entirely on land owned by the Commonwealth (e.g. most areas below the current low water mark in tidelands and below the historic high water mark of Great Ponds), you may simply state this in lieu of the “landowner’s signature”.

Municipal Zoning Certification: If required, applicants must submit a completed and signed

Section E of this application by the municipal clerk or appropriate municipal official or, for the initial filing, an explanation of why the form is not included with the initial application. If the project is a public service project subject to zoning but will not require any municipal approvals, submit a certification to that effect pursuant to 310 CMR 9.34(1).

Municipal Planning Board Notification: Applicants must submit a copy of this application to the municipal planning board for the municipality where the project is located. Submittal of the complete application to DEP must include Section H signed by the municipal clerk, or appropriate municipal official for the town where the work is to be performed, except in the case of a proposed bridge, dam, or similar structure across a river, cove, or inlet, in which case it must be certified by every municipality into which the tidewater of said river, cove, or inlet extends.

Final Order of Conditions: A copy of one of the following three documents is required with the filing of a General Waterways Application: (1) the Final Order of Conditions (with accompanying plan) under the Wetlands Protection Act; (2) a final Determination of Applicability under that Act stating that an Order of Conditions is not required for the project; or (3) the Notice of Intent for the initial filing (if the project does not trigger review under MEPA).

Massachusetts Environmental Protection Act (MEPA): MGL 30, subsections 61-61A and 301 CMR 11.00, submit as appropriate: a copy of the Environmental Notification Form (ENF) and a Certificate of the Secretary of Environmental Affairs thereon, or a copy of the final Environmental Impact Report (EIR) and Certificate of the Secretary stating that it adequately and properly complies with MEPA; and any subsequent Notice of Project change and any determination issued thereon in accordance with MEPA. For the initial filing, only a copy of the ENF and the Certificate of the Secretary thereon must be submitted.

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Note: If the project is subject to MEPA, the Chapter 91 Public Notice must also be submitted to MEPA for publication in the “Environmental Monitor”. MEPA filing deadlines are the 15th and 30th of each month.

Appendix C: Application Completeness Checklist (cont.)

Water Quality Certificate: if applicable, pursuant to 310 CMR 9.33, is included.

Other Approvals: as applicable pursuant to 310 CMR 9.33 or, for the initial filing, a list of such approvals which must be obtained.

Projects involving dredging:

The term “dredging” means the removal of materials including, but not limited to, rocks, bottom sediments, debris, sand, refuse, plant or animal matter, in any excavating, clearing, deepening, widening or lengthening, either permanently or temporarily, of any flowed tidelands, rivers, streams, ponds or other waters of the Commonwealth. Dredging includes improvement dredging, maintenance dredging, excavating and backfilling or other dredging and subsequent refilling. Included is a completed and signed copy of Part F of the application.

Filing your Completed General Waterways Application:

For all Water-Dependent applications – submit a completed General Waterways Application and all required documentation with a photocopy of both payment check and DEP’s Transmittal Form for Permit Application & Payment to the appropriate DEP Boston or regional office (please refer to Pg. 10 of the “Instructions” for the addresses of DEP Regional Offices).

For all Non Water-Dependent applications – submit a completed General Waterways

Application and all required documentation with a photocopy of both payment check and DEP’s Transmittal Form for Permit Application & Payment to DEP’s Boston office.

Department of Environmental Protection Waterways Regulation Program One Winter Street

Boston, MA 02108

Application Fee Payment for ALL Waterways Applications: Send the appropriate Application fee* (please refer to Page 1 of the “Application”), in the form of a check or money order, along with DEP’s Transmittal Form for Permit Application & Payment:

Department of Environmental Protection P.O. Box 4062 Boston, MA 02211

* Under extreme circumstances, DEP grants extended time periods for payment of license and permit application fees. If you qualify, check the box entitles “Hardship Request” on the Transmittal Form for Permit Application & Payment. See 310 CMR 4.04(3)(c) to identify procedures for making a hardship request. Send hardship request and supporting documentation to the above address.

NOTE: You may be subject to a double application fee if your application for Chapter 91 authorization results from an enforcement action by the Department or another agency of the Commonwealth or its subdivisions, or if your application seeks authorization for an existing unauthorized structure or use.

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WW01b Chapter 91 License Notification List

Peabody - Multi-Use Path Construction of Independence Greenway at I-95 and Route 1

Proctor Brook Crossing

Mayor Bettencourt

24 Lowell Street

Peabody, Massachusetts 01960

Peabody City Council

Peabody Conservation Commission

Peabody Planning Board

Massachusetts Department of Fish and Game.

100 Cambridge Street, Floor 6

Boston, MA 02114

Beth El Congregation Cemetery

520 Lowell Street

Temple Israel of Swampscott Cemetery

55 Atlantic Ave Swampscott, Massachusetts 01907

U.S. Army Corps of Engineers, New England District

696 Virginia Road

Concord, MA 01742 c/o Dan Vasconcelos via Email: Daniel.B.Vasconcelos@usace.army.mil

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List of Environmental Regulatory Programs

Pursuant to 310 CMR 9.11(3)(b)4., an application shall include a list of state environmental regulatory programs with which the project must comply, in accordance with the applicable provisions of 310 CMR 9.33. Please check all that are applicable and add any additional programs in the �Other� field.

☒ Massachusetts Environmental Policy Act, M.G.L. c.

30, §§ 61 through 62H and 301 CMR 11.00: MEPA

Regulations.

☒ Wetlands Protection Act, M.G.L. c. 131, § 40, and

310 CMR 10.00: Wetlands Protection.

☐ Wetlands Restriction Acts, M.G.L. c. 130, § 105 and

c. 131, § 40A, and 310 CMR 12.00: Adopting Coastal

Wetlands Orders and 310 CMR 13.00: Adopting Inland

Wetlands Orders. All projects shall comply with wetland restriction orders recorded pursuant to these statutes.

☐ Areas of Critical Environmental Concern, M.G.L. c.

21A, § 2(7) and St. 1974, c. 806, § 40(E), and 301 CMR

12.00: Areas of Critical Environmental Concern.

☐ Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53, and 314 CMR 3.00: Surface Water

Discharge Permit Program, 314 CMR 5.00: Ground

Water Discharge Permit Program, 314 CMR 7.00:

Sewer System Extension and Connection Permit

Program, 314 CMR 9.00: 401 Water Quality

Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth, and 310

CMR 15.00: The State Environmental Code, Title 5:

Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site

Sewage Treatment and Disposal Systems and for the

Transport and Disposal of Septage.

☐ Ocean Sanctuaries Act, M.G.L. c. 132A, §§ 13 through 16 and 18, and 302 CMR 5.00: Ocean

Sanctuaries. No license or permit shall be issued for any structure or fill that is expressly prohibited in

M.G.L. c. 132A, §§ 1 through 16.

☐ Marine Fisheries Laws, M.G.L. c. 130, and 322 CMR

1.00: Enforcement of Rules and Regulations.

☐ Scenic Rivers Act, M.G.L. c. 21, § 17B, and 302 CMR

3.00: Scenic and Recreational Rivers Orders.

☒ Massachusetts Historical Commission Act, M.G.L. c.

9, §§ 26 through 27C, as amended by St. 1982, c. 152 and St. 1988, c. 254, and 950 CMR 71.00: Protection of

Properties Included in the State Register of Historic

Places. For projects for which a Project Notification

Form must be submitted pursuant to 950 CMR 71.07:

Review of Projects the applicant shall file said form with the Massachusetts Historical Commission.

☐ Mineral Resources Act, M.G.L. c. 21, §§ 54 through

58.

☐ Massachusetts Drinking Water Act, M.G.L. c. 111, §§

159 through 174A, and 310 CMR 22.00: Land

Application of Sludge and Septage.

☒ Underwater Archeological Resources Act, M.G.L. c.

91 and c. 6, §§ 179 and 180, and 312 CMR 2.00:

Massachusetts Underwater Archaeological Resources.

☐ Hazardous Waste Management Act, M.G.L. c. 21C and 310 CMR 30.000: Hazardous Waste.

☐ Solid Waste Disposal Act, M.G.L. c. 16, §§ 18 through 24, and 310 CMR 16.00: Site Assignment

Regulations for Solid Waste Facilities.

☐ Air Pollution Act, M.G.L. c. 111, §§ 142A through I and 310 CMR 7.00: Air Pollution Control.

☐ State Highway Curb Cuts, M.G.L. c. 81, § 21.

☐ Energy Restructuring Act, M.G.L. c. 164, §§ 69G through S, and 980 CMR 1.00 through 12.00.

☐ Regional land use control statutes, including the

Martha's Vineyard Commission Act, St. 1974, c. 637, c.

831, and the Cape Cod Commission Act, St. 1989, c.

716.

☐ Other

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Attachment A

Project Narrative

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BSC GROUP

Attachment A – Project Narrative

MassDOT 610544 – Peabody Multi-Use Path Construction of Independence Greenway At I-95 and Route 1

1. Introduction

BSC Group Inc. (BSC), on behalf of the City of Peabody (the Applicant) is filing this application with the Massachusetts

Department of Environmental Protection (MassDEP) Waterways Program requesting a Water-Dependent Chapter 91

Waterways License Application (BRP WW01b) pursuant to Massachusetts Public Waterfront Act (M.G.L. c. 91) and implementing Regulations (310 CMR 9.00).

The Applicant is seeking a License from MassDEP to authorize the installation of a new pedestrian bridge crossing over

Proctor Brook in in a stretch of the waterway between I-95 and Peabody Road. This application is also being submitted under the Massachusetts Department of Transportation ISA as MassDOT is contributing funding towards the project construction. The proposed bridge is associated with the construction of a new section of multi-use path to extend the

Independence Greenway and Border-to-Boston trail network. The 1.25-mile section of shared-use path will begin at Lt.

Ross Memorial Park and terminate at the existing Independence Greenway trailhead at Peabody Road.

The proposed bridge over Proctor Brook and overall Project is highly compatible with the public access interests protected and promoted by the Chapter 91 Waterways Program. It is integral to the proposed multi-use path route which utilizes former railroad beds and the State Highway Layout of I-95 to create a safer setting and brings the public to the water. During the review process under the Massachusetts Environmental Policy Act (MEPA), the Waterways

Program and Secretary of the Executive Office of Energy and Environmental Affairs (EOEEA) found that the bridge, as an infrastructure crossing facility, cannot reasonably be located or operated away from Proctor Brook. The project aims to provide a more pedestrian and bicycle-friendly through-corridor in a disjointed area where busy on-street connections are otherwise required to utilize the existing regional trail network. The overarching goals are to improve transportation and recreational options that are also compliant with the Americans with Disabilities Act (ADA). The safety component is especially necessary for access along Lowell Street where space for pedestrians and bicycles is limited.

The proposed bridge will be located off 520 Lowell Street, Peabody, MA, partially within an easement the City of

Peabody is securing from the Temple Beth El Cemetery. The bridge will span Proctor Brook in approximately a northwest-southeast direction, from approximately 42.542583°N, -70.982611°W (north of Proctor Brook) to

42.542083°N, -70.982417°W (south of Proctor Brook) as shown in Attachment B (Figures) and Appendix F (Plans).

The bridge will consist of a 179-foot, single span, prefabricated truss steel superstructure, supported on cast-in-place concrete foundations located on either side of Proctor Brook. No permanent fill will be required below the High-Water

Mark, The outside width of the superstructure is proposed to be 14’-7” and inside clear width for the trail is proposed to be 12’-0”. The bottom chord of the bridge will be approximately 2.8-ft above Ordinary High Water (OHW), 2.56-ft above the predicted 100-Year Design Flood level, and 2.11-ft above the calculated 100-Year Base Flood Elevation

(BFE). No fill or access will be required below the high water mark but the bridge will span over the perennial stream channel. Adequate space is provided for navigation during typical annual flows.

An approximately 135-foot skewed portion of the proposed pedestrian bridge spans Proctor Brook within the limits of the high water mark, resulting in approximately 1,942 sf of structure area over the navigable waterway. This is the only permanent project component that falls within the geographic area subject to jurisdiction and requires a Chapter 91

Waterways License, pursuant to 310 CMR 9.05(1)(a). All abutments, concrete foundations, and other portions of the proposed bridge occurs upgradient of the high water mark and there will not be any dredge or fill within the channel. A small additional area of the Project limits is depicted beyond the high water mark to account for the crane swing over the water to place the bridge during construction.

The Waterways Program’s July 19, 2024 letter in response to a Request for a Determination of Applicability (RDA)

(Determination No. 24-WW04-0010-APP) asserted Chapter 91 jurisdiction over the proposed crossing based on 310

CMR 9.04(1)(e), and on the decision that Proctor Brook is navigable in this location. Water-dependency has also been established through the Secretary’s determination and MEPA process. Therefore, this application seeks a Water-

Dependent, Chapter 91 Waterways License for the installation of the proposed pedestrian bridge spanning Proctor

Brook.

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MassDOT 610544 – Peabody Multi-Use Path Construction of Independence Greenway At I-95 and Route 1

The Project also requires that a Notice of Intent be submitted to the Peabody Conservation Commission and a Pre-

Construction Notification (PCN) authorization application to the US Army Corps of Engineers (USACE) pursuant to

Section 404 of the United States Clean Water Act (33 U.S.C.1251), under the General Permits for Massachusetts

(GP)23(for impacts in other portions of the route). An Expanded Environmental Notification Form (EENF) and Rollover

Single Environmental Impact Review (SEIR) were also prepared and submitted to the EOEEA for review under MEPA.

The project was made available for notice and opportunity for public comment through the EENF and EIR process and a final EIR Certificate was issued on January 17, 2025. The MEPA certificates are enclosed and other appropriate authorizations will be provided to MassDEP Waterways when secured. A summary of the permitting requirements is described in Table 5-1.

The following sections describe the Project, the associated activities subject to Chapter 91 jurisdiction, and the

Project’s compliance with the provisions of the Chapter 91 licensing regulations.

2. General Setting / Existing Conditions

The proposed trail will begin at the Independence Greenway trailhead at the Lieutenant Ross Memorial Park at the western end and follow an abandoned, former railroad track bed. A new pedestrian bridge is also proposed over US

Route 1 Northbound (NB) and Southbound (SB). In between the highway systems of Route 1 and I-95, the trail will cross an existing Massachusetts Bay Transit Authority (MBTA) easement leased to the City (adjacent to 215 Newbury Street) and run easterly along Lowell Street. Spatial accommodations, separated lanes, and signal programming improvements will be made along Lowell Street for safer access before the route turns south and runs parallel along the toe-of-slope of the I-95/Route 1 connector ramp embankment. The new pedestrian bridge will be constructed over Proctor Brook, and the route travels easterly along another section of the former railroad bed to reach Peabody Road. An easement for the bridge will be obtained from the Temple Beth El Cemetery located at 520 Lowell Street and will connect to the former railroad bed which consists of an approximately 85-foot wide, City-owned Right-of-Way (ROW).

The only portion of the Project within the geographic area subject to Chapter 91 jurisdiction, pursuant to 310 CMR 9.04 is the Proctor Brook crossing. Description of the setting will focus on this location.

Land Use

Overall land use in this portion of the project area is generally characterized by deciduous upland forests, forested and scrubby wetlands, managed/developed open space (including the cemetery), transportation corridors, residential neighborhood development off Clark Road. Areas of publicly and privately-owned land are situated within proximity of the crossing, but these areas will not be adversely affected from the proposed project activities. The work will remain in the abandoned railroad ROW owned by the City and a permanent easement from the Beth El Cemetery, The trail will approach the bridge from the state highway layout (SHLO) of I-95.

Watershed and Drainage

Proctor Brook and highway runoff discharge are collected and conveyed as part of a several hundred-foot long, closed drainage system. East of the I-95 NB ramp embankment, Proctor Brook emerges from a 60-inch Corrugated Metal Pipe

(CMP) and headwall as a perennial waterway just upstream of the proposed crossing. Dense vegetation and debris is partially obstructing the single culvert at its outlet to the Proctor Brook channel. The stream continues east through the proposed bridge location, and flows under Peabody Road via three 48-inch Reinforced Concrete Pipe (RCP) pipes and eventually into the North River and then into Beverly Harbor more than 2 miles southeast of the project area. Proctor

Brook is nontidal, no tidelands occur within the project vicinity, and all resources are inland, freshwater systems. The

Project is not within the Coastal Zone as mapped by the Massachusetts Office of Coastal Zone Management (CZM).

Proctor Brook - Waterway

BSC Wetland Scientists delineated the boundary of existing wetland resource areas within and in the immediate vicinity

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MassDOT 610544 – Peabody Multi-Use Path Construction of Independence Greenway At I-95 and Route 1 of the project limits along the proposed Greenway route in late 2021 (supplemented in April 2024). Wetlands and streams were delineated in accordance with the methods developed by the Massachusetts Department of

Environmental Protection’s (MassDEP) Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands

Protection Act (WPA), updated 2023, as well as definitions set forth in the implementing Regulations 310 CMR 10.00.

Wetland and water resources were also evaluated for federal jurisdiction using the United States Army Corps of

Engineers (USACE) Wetland Delineation Manual (Environmental Laboratory, January 1987) (“1987 Manual”) and the

USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast

Region (version 2.0) (USACE Supplement) (January 2012).

Within the Project area, the Mean Annual High Water (MAHW) line of Proctor Brook was delineated from the I-95 culvert

(~225-ft upstream of the crossing location), to the Peabody Road culvert (~770-ft downstream of the crossing location).

The MAHW line is based on observed bankfull indicators and is assumed to be generally consistent with the Waterways program high water mark and the federal Ordinary High Water Mark. However, as a note, the OHW line depicted on the plans as the limit of Waterways jurisdiction is based on an elevation for the 2-year storm event established by hydraulic modeling This is likely slightly higher than an average annual water level but does provide a consistent elevation.

Proctor Brook flows parallel to and south of the Beth EI Cemetery in a fairly straight channel.

The riverbanks of Proctor Brook consist of low, channelized embankments with significant undercutting. The banks are bordered by mixed deciduous trees, shrubs, and vines including: red maple (Acer rubrum), eastern white pine (Pinus strobus), multiflora rose (Rosa multiflora), and Asiatic bittersweet (Celastrus orbiculatus). Additionally, the northern bank is bordered by palustrine forested wetlands (PFO) identified as Wetland 9. Within the wetlands, highbush blueberry (Vaccinium corymbosum), red oak (Quercus rubra), eastern cottonwood (Populus deltoides), poison ivy

(Toxicodendron radicans), and cinnamon fern (Osmundastrum cinnamomeum) were identified.

According to the USGS StreamStats Report for this area, the bankfull width is 12.6-feet, while field measurements average just under 20-feet-wide. Immediately upstream and downstream of the crossing, the bankfull channel width averages 34-feet-wide. The substrate consists of sand, silt, and muck and observed water depths were between 6-12 inches with isolated spots up to 2 feet. The USGS StreamStats report estimated the stream depth as approximately

0.8 feet during bankfull conditions. The profile elevation at the crossing also puts the water depth at approximately 1.5 feet during bankfull, and a little over 2 feet at times of Ordinary High Water (2-year event). The perennial section of the stream is approximately 1,065 linear feet in length in the project area between the headwall and the culvert under

Peabody Road.

FEMA 100-year/1% Annual Chance Floodplain

According to the current FEMA Flood Insurance Rate Maps for Peabody (FIRM No. 25009O411F, dated July, 3 2012) and the National Flood Hazard Datalayer, the 1% Annual chance, 100-year floodplain (Zone AE) is located immediately to the east of the project route where Proctor Brook flows under Peabody Road. A regulatory floodway is also mapped for the stream at this point. Portions of the Project area to the west are located in Zone X, or the 0.2% annual chance flood hazard. However, preliminary FEMA 2023 mapping identifies an extension of Zone A up to the I-95 connector embankment. As part of the bridge structure design, engineers used hydraulic modeling to determine the base flood elevation of the 1% annual chance storm at Proctor Brook upstream of Peabody Road. They identified the elevation as

65.4-feet and used ground survey to mark this contour on the Project plans as Flood Zone A. If current FEMA maps were utilized, the Project would not be located in Zone A. License plans included in Attachment F depict the applicable elevations in reference to the work.

Other Environmental Resources

According to MassMapper / MassGIS data layers and classifications provided in 314 CMR 4.00, the project area does not fall within an Outstanding Resource Waters (ORW), nor Areas of Critical Environmental Concern (ACEC) (301 CMR

12.00); however the proposed bridge does occur within a Zone II Wellhead Protection Area. Proctor Brook is not classified as a Coldwater Fishery Resource (CFR) and is not listed as an EPA impaired waterway. The project area does not occur within Natural Heritage and Endangered Species (NHESP) Priority nor Estimated Habitat, nor Certified nor

Potential Vernal Pools (CVP & PVP). Site Photos and an Environmental Resource Map are included in Attachment B.

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MassDOT 610544 – Peabody Multi-Use Path Construction of Independence Greenway At I-95 and Route 1

3. Project Construction

The anticipated duration of construction is a period of approximately two (2) years from spring of 2026 to full beneficial use and substantial completion in Spring/Summer of 2028. The foundations and bridge placement are planned for

Stages 2 and 3 of the construction. As mentioned, the purpose of the Project is to improve bicycle and pedestrian infrastructure in and through Peabody by connecting the existing segments of the Independence Greenway, and an important regional trail network for pedestrians and cyclists traveling west into North Reading, east towards Downtown

Peabody, and north into Topsfield. The new ADA compliant multi-use trail will primarily be a 12-foot-wide hot mix asphalt paved surface carrying two 6-foot wide travel lanes, with 2-foot grass shoulders on either side. Along Lowell Street and a short portion of the route along the I-95 embankment, the path will only be 10-ft wide with variable width shoulders.

A pedestrian bridge is also proposed over US Route 1 NB and SB to enable trail users to safely cross four lanes of heavy, high speed traffic. The proposed bridge over Proctor Brook is the integral connection between the SHLO of I-95 and the former railroad ROW that creates a safer setting and brings the public to the water. In addition to the major Project components, improvements include but are not limited to full depth pavement reconstruction; traffic signal upgrades;

timber rail fence, retaining wall, drainage modifications, decorative lighting, safety upgrades, landscaping, and native plantings wayfaring, pavement markings, signage, and other miscellaneous items of work.

Jurisdictional Proctor Brook Pedestrian Crossing Bridge

The proposed bridge over the Proctor Brook will consist of a 179-foot long and 14’-7” wide, steel structure with pressure treated timber decking supported on shallow, reinforced, cast-in-place concrete foundations located on either side of the brook. The bottom of the low chord of the bridge is set at 67.5’ elevation. This will be approximately 2.8-feet above

OHW, 2.56-feet above the predicted 100-Year Design Flood level, and 2.11-feet above the calculated 100-Year BFE.

An approximately 135-foot skewed portion of the proposed pedestrian bridge spans Proctor Brook within the limits of the high water mark, resulting in approximately 1,942 sf of structure area over the navigable waterway. This is the only permanent project component that falls within the geographic area subject to jurisdiction and requires a Chapter 91

Waterways License, pursuant to 310 CMR 9.05(1)(a). All abutments, concrete foundations, and other portions of the proposed bridge occurs upgradient of the high water mark and there will not be any dredge or fill within the channel.

Areas for crane staging have been estimated and designed on both sides of Proctor Brook in order to place the bridge superstructure in two phases. Access to the southern bank will be provided from Peabody Road along the former railroad bed. A preliminary access route has been mapped for a crane to travel from a road in the Beth El Cemetery to the bridge installation location at the northern bank. Mature trees will be avoided to the extent feasible in establishing this route and restoration plans have been developed for the temporary staging areas. An extension of the project limits has also been depicted in the plans to account for the temporary space needed to swing the crane over the high water mark to install the bridge.

With at least 2.8 ft of clearance between the low chord and the depicted water surface elevation at ordinary high water, space for navigability would be maintained during the infrequent times of year that a kayak or other craft might attempt to access this area. As previously noted, this amount of clearance is based on the hydraulic modeling of water surface elevation of the 2-year storm event.