PEABODY SQUARE - ZONING (2) METCALF&EDDY AECOM
Metcalf& Eddy
701 Edgewater Drive, Wakefield, Massachusetts 01880-5371
T 781.246 5200 F 781.245.6293 www.m-e.aecom corn RECEIVED July 18, 2008 RECEIVE®
Secretary Ian Bowles JUL 2 1 2008
Executive Office of Energy & Environmental Affairs DEPT.OF PLANNING
100 MEPA Office 6
100 Cambridge Street, Suite 900 LOAM UMTYDEVELOPMEN'f
Boston, MA 02114
Subject: Supplemental Submittal to Environmental Notification Form (ENF)for
Flood Mitigation Facilities for the Peabody Square Area
EOEEA# 14251
Dear Secretary Bowles:
On behalf of our client, the City of Peabody, Metcalf& Eddy (M&E) respectfully submits the
enclosed supplemental information related to the subject project. The purpose of this submittal
is to: 1) present additional information regarding the severability of Projects 1 and 2 from
Project 3; 2) request MEPA review of Projects 1 and 2 only at this time; and 3) respond to
comments relevant to Projects 1 and 2 that were raised by participants at the MEPA site
meeting held on June 4, 2008 with Mr. William Gage of your staff.
Severability of Projects 1 and 2 from Project 3
As noted in the subject ENF, the City's overall flood mitigation plan for Peabody Square is
comprised of three distinct projects: Project 1 (Goldthwaite Brook Culverts), Project 2 (North
River Widening), and Project 3 (U.S. Army Corps of Engineers (ACOE) North River Widening).
The City is responsible for the implementation of Projects 1 and 2, while the ACOE is
responsible for Project 3, which was initiated under Section 205 of the 1948 Flood Control Act
(PL 80-858), as amended. While the ultimate objective is to have all three projects
implemented, the projects are severable. Projects 1 and 2 can be implemented without Project
3 to provide significant flood mitigation benefits for Peabody Square, while not adversely
impacting flood conditions during significant storm events downstream in Salem.
As described in the ENF and presented in the Preliminary Design Report for Flood Mitigation
Facilities for Peabody Square Area dated April 2008, hereafter referred to as the "PDR", using
a hydraulic model, the performance of the recommended improvements was assessed based
on the 50-year, 24-hour storm and the May 2006 flood. The hydraulic model developed for the
PDR includes the entire watershed and accounts for hydrologic and hydraulic processes,
including tidal conditions. It also incorporates extensive field data collected during the PDR
effort and was calibrated to flow data collected at four locations. Table 1 presents a summary
of the model results.
The recommended improvements for Projects 1, 2, and 3 (Run 4 in Table 1) are predicted to
eliminate flooding during the 50-year, 24-hour storm in the Peabody Square area and should
not cause adverse impacts in Salem. Constructing Projects 1 and 2 before Project 3 (Run 9 in
Table 1) will result in continued flooding at Howley Street in Peabody for the 50-year, 24-hour
TABLE 1. SUMMARY OF PEAK HYDRAULIC GRADE FOR BASELINE CONDITION, RECOMMENDED IMPROVEMENTS
PROJECTS 1, 2, AND 3 (RUN 4)AND RECOMMENDED IMPROVEMENTS FOR PROJECTS 1 AND 2 (RUN 9) FOR 50-YEAR,
24-HOUR STORM AND MAY 2006 FLOOD
Run 4: Recommended Run 9: Recommended
Baseline(Existing) Improvements(Projects 1, 2, Improvements Projects 1 and 2
Conditions 3) Onlyi
Flood Peak Peak Peak Peak Peak
Threshold Elevation 50- Elevation Elevation 50- Elevation Peak Elevation Elevation
Elevation year Storm May-2006 year Storm May-2006 50-year Storm May-2006
Location Model Node Cit (feet
Ixl feet Flood feet feet Flood feet feet Flood feet
Goldthwaite Brook
at Foster Street Gold05945 Peabody 24.1 27.07 27.18 23.86 23.89 23.84 23.81
Goldthwaite Brook
at Oak Street Gold04868 Peabody 21 25.24 25.26 18.35 18.36 18.34 18.34
Peabody Square
near Courthouse Nor03643 Peabody 21.7 23.4 23.37 18.6 16.5 19.17 16.76
North River 100-ft
East of Wallis
Street NOr02060 Peabody 13.5 15.83 15.78 11.48 11.41 13.25 12.95
North River at
Caller Street Nor01214 Peabody 13.3 14.7 14.59 10.94 10.66 13.2 12.83
North River at
Howley Street Nor00370 Peabody 10.4 12.85 12.66 10.17 9.94 12.9 12.54
Railroad Bridge
Approximately 550
ft. Upstream of
Grove St. NorSO4600 Salem 9.2 8.95 8.6 7.09 6.95 9.16 8.67
Grove Street NorS03958 Salem 10.1 7.88 7.73 6.87 7.08 8.06 7.69
Flint Street NorS02400 Salem 9.4 5.87 6.15 5.94 6.72 5.83 6.14
Upstream Side of
North Street NOrS00200 Salem 8.1 5.69 5.93 5.7 6.34 5.67 5.92
Downstream Side
of North Street NorS00000 Salem 9 5.45 5.64 5.45 5.94 5.45 5.64
(1) Includes the reach between Strongwater Brook and Howley Street
(2)The flood threshold is the elevation at critical locations, above which flooding occurs.
Numbers in red indicate levels above flood threshold elevation.
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storm, and the May 2006 flood, although the peak flood elevations would actually decrease for
the May 2006 flood level and increase less than 1 inch for the 50-year storm. Since
implementing Projects 1 and 2 without Project 3 will significantly reduce flooding in Peabody
Square without substantially increasing flooding in downstream Peabody areas, Projects 1 and
2 have benefit even without Project 3.
In Salem, nominal increases in the water elevation of the North River at Grove Street and the
Upstream Railroad Bridge are predicted for the 50-year storm if Projects 1 and 2 are
constructed before Project 3; however, these elevations would still be below the flood threshold
at the locations studied in Salem during the 50-year, 24-hour storm. Therefore, implementing
Projects 1 and 2 will have benefits for relieving most flooding in Peabody and will not have
adverse flooding impacts downstream in Salem.
It is important to note that the portion of the North River downstream of Project 2 (downstream
of Howley Street) in which peak flows will increase slightly is tidally influenced. This affected
area is located in land subject to coastal storm flowage (as defined in 310 CMR 10.04), and
stormwater discharge is to a wetland subject to coastal flooding. Therefore, the project would
comply with Standard 2 of the Massachusetts Stormwater Management Standards, which
addresses post-development peak discharge rates. Additional information regarding flow rates
and velocity downstream of Project 2 following implementation of Projects 1 and 2 only as
compared to existing conditions is provided in the response to Comment 3 below.
Request for MEPA Review of Projects 1 and 2 Only
The timeline for implementation of Project 3 is very preliminary, and, while the City remains
optimistic, there is no guarantee that federal funding will ultimately be appropriated to fund
construction of Project 3. Whether or not Project 3 is constructed in the future, implementation
of Projects 1 and 2 is critical to provide desperately needed flood relief for the Peabody Square
area. While project descriptions and estimated impacts for all three projects were presented in
the ENF, the City now requests that MEPA review only be conducted for Projects 1 and 2 at this
time. Further delay in implementation of Projects 1 and 2 would result in an undue hardship for
the City by keeping the downtown area in danger of significant flooding and potential harm to
residents and property. The City has secured state and federal funding for Projects 1 and 2.
These projects must be initiated by September 1, 2008 to meet a December 31, 2008 deadline
for a $2.0 million Economic Stimulus Bill grant or the funding will be jeopardized.
Based on the information presented above regarding the severability of Projects 1 and 2 from
Project 3, and the fact that Project 3 is not a City action, the City believes this request is not in
violation of the segmentation clause in the MEPA regulations (301 CMR 11.01(c)). Therefore,
the City respectfully requests that comments only be submitted and considered for Projects 1
and 2, and that the Secretary's Certificate only be issued for Projects 1 and 2.
When Project 3 moves forward, the ACOE Project Manager for Project 3 has stated that they
will hold a meeting with all state and federal permitting agencies and will apply for necessary
permits and approvals, including compliance with MEPA review. Any outstanding questions for
Project 3 will be addressed at that time when the project and anticipated impacts have been
further developed and better defined.
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Response to Comments
Comments received at the MEPA site meeting that are relevant to Projects 1 and 2 are
presented below (see underlined text)and are followed by the City's responses.
1. Can stream flow be maintained in the davlighted section of Goldthwaite Brook (parallel
to Foster Street) in order to minimize permanent impacts to this waterway?
Response:
As described in the ENF and presented in the PDR, the tributary drainage of the existing
Goldthwaite Brook culvert will be modified for Project 1. Approximately 140 feet of the
existing subterranean culvert along Foster Street from Oak Street toward Franklin Street will
be removed to allow construction of the new culverts. Approximately 70 feet southwest of
the intersection of Franklin Street with Foster Street, a bend redirects the existing culvert
away from Foster Street in a westerly direction toward Franklin Street. At the approximate
location of the bend, the existing culvert is proposed to be sealed with a brick or concrete
masonry wall, and this location will become the upstream terminus of the existing culvert.
From the upstream terminus toward downstream, the flow from the existing Goldthwaite
Brook culvert will be diverted into the proposed twin culverts and conveyed directly to the
upstream end of the daylighted section of the North River (approximately 100 feet east of
Wallis Street). The existing culvert will convey only local drainage until its subterranean
connection with Proctor Brook.
This modification will result in permanent impacts to the land under water and inland bank
along approximately 400 feet of open channel for the existing culvert. The affected resource
areas in this drainage channel are comprised of artificial impervious material. Thus, these
resource areas are likely to be significant to flood control and storm damage prevention
only, and provide minimal benefit to the remaining interests of the Massachusetts Wetlands
Protection Act.
This aspect of Project 1 was revisited following the MEPA site meeting to address this
comment and determine if some flow can be maintained and these impacts could be
minimized or avoided altogether. To help maintain some flow in the existing culvert
beginning at the upstream terminus, a small pipe may be extended from the proposed
westerly 4-feet high by 10-feet wide culvert through the proposed upstream plug of the
existing culvert. The pipe would match inverts of each conduit. A drain manhole with a stop
log may also be constructed on top of the proposed pipe to allow flow cutoff if necessary to
minimize flow in the existing culvert during large storm events. During normal flow
conditions, the pipe would allow a portion of the base flow and stormwater flow to be
diverted to the existing culvert.
Design details, including desired flow rates in the existing channel and the sizing of the
proposed connecting pipe would be determined during the final design phase of Project 1.
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2. Will widening the North River canal increase the channel's width/depth ratio and
negatively affect low flow conditions? Could this change also decrease the sediment
transport capacity of the channel resulting in subsequent aggradation of sediment in the
channel?
Response:
The North River canal upstream of Howley Street has an existing width that varies between
approximately 11 to 22 feet. The existing average base flow depth for this reach of the North
River is approximately 1.1 feet, resulting in an average width/depth ratio of approximately
17:1 during base flow conditions. As described in the ENF and presented in the PDR, under
Project 2, this reach of the North River canal is proposed to be widened to a consistent
width of 38 feet, using the vertical south wall alternative. The widened.channel bottom in the
PDR is proposed to be level/flat. The new average base flow depth for this reach would be
approximately 0.5 feet, resulting in a new average width/depth ratio of approximately 76:1.
In order to minimize changes to the width/depth ratio of the North River and address
associated concerns raised in the comment, the City has evaluated alternative designs for
channel widening. An alternative channel design consisting of a sloped channel was
reviewed for the Project 2 area. A typical cross section of the sloped channel is presented in
Figure 1. A slope of 10 horizontal to 1 vertical was chosen to minimize erosion. Hydraulic
modeling was performed to determine flow depth and velocity during key periods including
base flow (dry period between storms), 3-month storm, and 50-year storm. The resulting
average width/depth ratio for base flow is approximately 20:1, which is very close to the
existing condition of 17:1. In addition, the base flow velocities for the sloped alternative are
very similar to the existing base flow velocities. Thus, the sloped channel alternative would
result in a narrower channel during base flow with increased velocity as compared to the flat
channel, which should limit sediment buildup and benefit water quality and dissolved
oxygen. Various features of the proposed configuration of the sloped channel may be
improved as part of the final design of Project 2.
In most locations of the North River, currently the base flow extends across the entire
riverbed, with only small pockets of accumulated sediment that extend above the waterline
and contain plant species. Due to the proposed increase in width of the North River, the
base flow of the river is not anticipated to cover the entire riverbed in the future under the
sloped channel alternative. As shown on Figure 1, water surface elevation under the base
flow conditions will extend approximately half of the distance along the sloped channel
sides, and the 3-month flow surface water elevation extends approximately to the vertical
wall on each side of the channel.
To address the linear sections of the riverbed along both the northern and southern walls
where flow is not anticipated to be present under base flow conditions, the City has
evaluated alternatives for stabilizing these areas and attempting to improve their function as
riparian habitat. Although the primary functions of the North River that are intended to be
improved as part of this project include its capability to provide flood control and storm
damage prevention, the City acknowledges the other functions of this area such as the
protection of fisheries and protection of wildlife habitat. To address and improve these
functions within the framework of this project, a portion of the sloped channel sides will be
re-vegetated from the toe of the wall to the surface water elevation of the base flow, a
distance of approximately 9 feet for each side. At this time, an area of approximately 6,300
5
square feet is proposed to be initially planted. The City will continue to pursue funding to add
additional plantings on an annual basis.
The proposed enhancement calls for approximately 700 linear feet of the stream perimeter
to be planted with wetland plant species suitable for the varying water levels planned for
North River. This would represent approximately 22 percent of the entire Project 2 stream
perimeter(approximately 3,200 feet). The planting areas will be located on both sides of the
river at the upstream and downstream reaches of the widened section. Each of the four
plots will be approximately 175 feet long by 9 feet wide, representing the area between the
surface water elevation of the projected base flow(where water will be consistently flowing)
and the retaining walls on either side. Flows during the 3-month storm event are anticipated
to extend above the base of the retaining wall on either side of the river.
The planting zone will be prepared with the placement of suitable subsoil and topped with
loam. The area will be seeded with a wetland seed mix intended to provide long-term
stabilization of soils in moist to wet areas. An erosion control blanket will be placed over the
seeded area and fastened securely. To accelerate the areal coverage of wetland plants and
reduce the incidence of invasive species in these planting zones, herbaceous plantings will
accompany the wetland seed mix. The plant species identified in Table 2 are representative
of the species proposed to be installed in the planting zone depicted on Figure 1. No woody
plantings are proposed to be planted to avoid adversely impacting the integrity of the
adjoining retaining walls. Final planting plans would be developed during the final design
stage based on suitability and commercial availability. Overall, creation of this riparian
habitat will improve river's biological and physical conditions by providing sediment
control/removal, thereby improving water quality, and wildlife habitat.
TABLE 2. REPRESENTATIVE PLANTING PLAN FOR THE VEGETATED AREAS
Common Name Scientific Name
Riverbank Wild Rye El mus ri arius
Virginia Wild Rye El mus vir incus
Blue Flag Iris Iris versicolor
Soft Rush Juncus effusus
Monkey-flower Mimulus rin ens
Hard-stem Bulrush Schoeno lectus Scir us acutus
Green Bulrush Scir us atrovirens
Woolgrass Scirpus cyperinus
6
-38'-0"
-g•_p"
TOP OF HANK TYPICAL PLANTING ZONE TYPICAL PLANTING ZONE TOP OF BANK
w
aL
it
w
x
3-MONTH FLOW MAXIMUM DEPTH = 2.18'
BASE FLOW MAXIMUM DEPTH =1.09'
SHELF BETWEEN BASE LIMIT OF BASE FLOW
FLOW AND 3-MONTH
FLAW
SCALE 1'=5'
FIGURE 1
TYPICAL CROSS-SECTION OF NORTH RIVER WITH SLOPED CHANNEL
3. The portion of the North River within the Project 3 area contains sensitive rainbow smelt
spawning habitat Will implementation of Projects 1 and 2 impact this habitat by affecting
flows/velocities?
Response:
In order to address this comment, additional hydraulic modeling was performed to determine
flow rates and velocity for base flow and the 3-month storm conditions downstream of the
limits of Project 2 (downstream of Howley Street) under existing conditions and following
implementation of Projects 1 and 2 without Project 3. Based on the results of the model, flow
rates and velocity downstream of Howley Street will be the same for Projects 1 and 2
without Project 3 as compared to existing conditions under base flow conditions. For the 3-
month storm, flow rates will slightly increase while velocity will be the same (see Table 3).
TABLE 3. PEAK FLOW RATES AND VELOCITY FOR NORTH RIVER
DOWNSTREAM OF HOWLEY STREEV)
Base Flow 3-Month Storm
North River Condition Flow Velocity Flow Velocity
cfs ft/sec) (cfs) (ft/sec
Existing Channel without Projects 1
and 2 16 0.9 108 1.1
Existing Channel with Implementation
of Projects 1 and 212� 16 0.9 110 1.1
(1) Information presented is for Model Node Nor00317 (located between Howley Street
and Peabody/Salem border).
(2) Reflects implementation of the sloped channel alternative for Project 2.
Based on the information presented above, flow rates and velocity downstream of Project 2
will be approximately the same following implementation of Projects 1 and 2 versus existing
conditions. Thus, habitat related to flow and velocity should not be affected by
implementation of the projects. Consultation with the Massachusetts Division of Marine
Fisheries will continue during the permitting phases of the project to identify required efforts
to avoid and minimize impacts to fisheries resources.
4. How will dredged materials from the North River canal be handled and disposed?
Response:
As discussed in the ENF and presented in the PDR, dredging an average of one foot of
sediment and debris from the bottom of the existing North River canal is proposed for
Project 2 to facilitate a uniform channel slope between the upper and lower ends of the
North River widening. A combined geotechnical/environmental subsurface investigation is
proposed to be conducted during final design of Project 2. As part of this program, sediment
samples will be collected from the North River channel bed for grain size and chemical
analyses to meet the requirements of the 401 Water Quality Certification application for
Project 2. Although characterization sampling and testing must still be performed, all of this
material is currently assumed to be contaminated (considering the historic industrial use of
8
adjacent land)and therefore may require disposal at an appropriately approved facility. Prior
to disposal, the material must be dewatered. This will require a staging area with gravel sub-
base and liner for draining and a temporary treatment system which may include a settling
tank and bag filters and/or carbon filtration for treatment of the drained water prior to
discharge back into the river. This process will be conducted in accordance with the
requirements of the National Pollution Discharge Elimination System (NPDES) Remediation
General Permit (RGP) that will be obtained for the project. It is also possible that additional
treatment may be needed for metals removal to meet RGP effluent limits. The material
removed from the river channel will be spread out over the staging area and allowed to dry
before hauling away for disposal. The drained water will be collected and sent through the
temporary treatment system.
5. What alternatives have been considered to manage/reduce stormwater flows?
Response:
As noted in the ENF, an extensive evaluation was performed in the PDR of using upstream
storage to attenuate peak flows and mitigate downstream flooding in lieu of the drainage
improvements proposed as Projects 1, 2, and 3. Storage options were evaluated using the
hydraulic model for the following locations: Cedar Pond, Upper Flume Pond, Lower Flume
Pond, Sydney Pond, wetland upstream of Downing Road, detention pond at Northshore
Mall, and Crowninshield Pond.
The model results indicate that utilizing upstream storage is not a feasible alternative to
allow for either an elimination or downsizing of the components contained in Projects 1, 2
and 3 for the 50 year, 24-hour storm. However, some upstream storage areas may provide
localized flood relief during smaller storms. The City is evaluating localized benefits for these
areas under separate studies.
The upstream storage alternative has now been evaluated four times, twice by the Army
Corps of Engineers (in 1969 and 1978), by Camp, Dresser& McKee in 1988, and now by
M&E as part of the PDR. All four studies contain the unanimous conclusion that upstream
storage will not significantly decrease peak flows and runoff causing downtown flooding.
Under an effort separate from the proposed Peabody Square flood mitigation projects, the
City is conducting a city-wide structural and non-structural Best Management Practices
(BMP) program to identify ways of managing stormwater that could provide both localized
and city-wide benefits. As part of this effort, the City recently prepared the Strongwater
Brook Improvements and Flood Control Master Plan. The Master Plan provides an initial
assessment of opportunities for implementing Low Impact Development(LID) BMPs within a
portion of the Strongwater Brook Watershed in the City of Peabody. The City is currently
seeking funding through the 319 Nonpoint Source Pollution Grants Program to implement
some of the recommendations contained in this Master Plan.
The City has also recently completed GIS mapping upgrades for 100 percent mapping of
Peabody's 8,000 storm drain structures. This mapping will improve the maintenance of the
City's stormwater system.
9
If you have any questions or need additional information, please contact me at 781-224-6218 or
via email at aaron.weieneth@m-e.aecom.com.
Very truly yours,
METCALF & EDDY, INC.
o'er"' Lja'�'t
Aaron Weieneth, AICP
Project Environmental Planner
Enclosures
Cc: William Gage, MEPA Office
Richard Carnevale, City of Peabody, Department of Public Services
ENF Distribution List(see attached)
10
DISTRIBUTION LIST
Secretary Ian A. Bowles
Executive Office of Energy& Massachusetts Bay Transit Authority Executive Office of Energy&
Environmental Affairs Attn: MEPA Coordinator Environmental Affairs
Attn: MEPA Office 10 Park Plaza, 6th FI. Undersecretary for Policy
100 Cambridge Street, Suite 900 Boston, MA 02216-3966 100 Cambridge Street, Suite 900
Boston, MA 02114 Boston, MA 02114
DEP—NERO Massachusetts Department of DEP/Northeast Regional Office
Division of Wetlands and Waterways Environmental Protection Attn: MEPA Coordinator
205B Lowell Street One Winter Street 205B Lowell Street
Wilmington, MA 01887 Boston, Massachusetts 02108 Wilmington, MA 01887
MassDEP Bureau of Resource Secretary of the Commonwealth
Protection Massachusetts Historical Massachusetts Office of Coastal
Division of Watershed Management Commission Zone Management
One Winter Street 220 Morrissey Boulevard 251 Causeway Street, Suite 800
Boston, Massachusetts 02108 Boston, MA 02125-3314 Boston, MA 02114-2138
Attn: MEPA Reviewer Attn: MEPA Reviewer Attn: MEPA Reviewer
Massachusetts Division of Marine Executive Office of Transportation MassHighway
Fisheries Attn: Environmental Reviewer Public/Private Development Unit
30 E merson Avenue Environmental Reviewer 10 Park Plaza, Room 3510 10 Park Plaza
30 E
Gloucester, MA 01930 Boston, MA 02116-3969 Boston, MA 02116
Massachusetts Aeronautics
MHD - District#4 Metropolitan Area Planning
Attn: MEPA Coordinator Commission Council
519 Appleton Street Attn: MEPA Coordinator 60 Temple Place/6th Floor
Arlington, MA 02476
10 Park Plaza, Suite 3510
Boston, MA 02116
Boston' MA 02111
Massachusetts Water Resources
Authority Peabody Board of Health Peabody Planning Board
Attn: MEPA Coordinator City Hall City Hall
100 First Avenue 24 Lowell Street 24 Lowell Street
Charlestown Navy Yard Peabody, MA 01960 Peabody, MA 01960
Boston, MA 02129
Peabody City Council Peabody Conservation Commission Salem Board of Health
City Hall City Hall City Hall
24 Lowell Street 24 Lowell Street 93 Washington Street
Peabody, MA 01960 Peabody, MA 01960 Salem, MA 01970
Salem Planning Board Salem City Council Salem Conservation Commission
City Hall City Hall City Hall
93 Washington Street 93 Washington Street 93 Washington Street
Salem, MA 01970 Salem, MA 01970 Salem, MA 01970
Scott MacLeod Eric Carlson Chad Sumner
Massachusetts Emergency Department of Conservation and SumCo Eco-Contracting
Management Agency Recreation 16 Front Street, Suite 206
400 Worcester Road 251 Causeway Street, Suite 600 Salem, MA 01970
Framingham, MA 01702-5399 Boston, MA 02114-2104
Riverways Program Ed Reiner Barbara Warren
251 Causeway St., Suite 400 USEPA 1 Salem Sound Coastwatch
Boston, MA 02114 Congress St., Suite 1100 (CWP) 201 Washington Street, Suite 9
Boston, MA 02114-2023 Salem, MA 01970
James Treadwell State Representative Joyce Spiliotis
36 Felt Street Russell Donovan State House Room 236
Salem, MA 01970 12 Quail Road Boston, MA 02133
Peabody, MA 01960
Brad Chase Bennet Heart
Division of Marine Fisheries Noble &Wickersham LLP Steven Tyler
1213 Purchase Street, 3rd Floor 1280 Massachusetts Avenue 303 Fellsway West
New Bedford, MA 02740 Cambridge, MA 02138 Medford, MA 02155
Jack Sullivan Ted Lento
James Rose U.S. Department of Homeland U.S.Army Corps of Engineers
25 Linden Street Security
Salem, MA 01970-4666 FEMA Regulatory Division
99 High Street 696 Virginia Road
Boston, MA 02110 Concord, MA 01742
Saji Varghese Century Bank Century Bank
CENAE-EP-PS Paul A. Evangelista, Executive Vice James M. Flynn, Senior Vice
U.S.Army Corps of Engineers President President
696 Virginia Rd 400 Mystic Avenue 400 Mystic Avenue
Concord, MA 01742 Medford, MA 02155 Medford, MA 02155
• Other Tools: MEPA resource sheet
To join the Environmental Monitor announcement list serve or to view the Monitor visit MEPA's
web page: http://www.ma.gov/envir/mepa
The web page also has MEPA regulations, form and general information
MEPA is Invoked:
• When state action, (state level permit, transfer of public land, financial assistance from the state)
AND a MEPA threshold is met or exceeded.
Deadlines:
• Comment periods on projects noticed in the Environmental Monitor are limited and begin with
the date of publication of the Environmental Monitor
• Environmental Notification Forms (ENF) are 20 days
• expanded ENF & Environmental Impact Reports (single,draft & final) are 30 days
Comments:
• Call the name listed as the contact person on the ENF front page in the Monitor- not MEPA or
the proponent. Document will be mailed to you.
• Do call MEPA if the is a problem obtaining any filing
• Comments must include the MEPA project number. The number is listed in the Monitor but
rarely appears on the ENF document. Record the MEPA number from the web site and note the
deadline date for comments.
• Inquire with the MEPA analyst, listed in a small box at the top of the ENF front page printed in
the Monitor, if a site visit is scheduled.
• Provide as much factual and substantive information as possible.
• Consider thoroughly the merits of requests for EIR waivers, Phase I waivers, Special Procedures
or single EIR requests and provide specific comments if you disagree with the special request(s).
• Use your expertise and your knowledge of local conditions.
• Check figures, calculations and verify vague statements and assumptions.
• Make sure single, draft, and final Environmental Impact Reports fulfill all the requirements listed
in the Certificate issue by the EOEA Secretary/MEPA.
Contact Us:
Riverways Programs
251 Causeway Street, Suite 400
Boston, MA 02114
www.state.ma.us/dfyvele/river/riv—toc.htm
617/626-1540
(or 617/626-1545 cindy.delpapa(d)state ma us for specific MEPA/other regulations help.)
Some Other Tools —laws, regulations, policies...
Chapter 91: This Massachusetts General Law protects the public's rights and interests in the waterways of the state
to fish, fowl, and navigate. It also protects a landowner's right to access waterfront property by a water route.
Chapter 91 applies to tidelands (present and former submerged lands and tidal flats below mean high water). Great
Ponds (over 10 acres) and certain rivers.
Article 97: Article 97 lands are those lands acquired for the"conservation, development, and utilization of the
agricultural, mineral, forest, water,air and other natural resources for public purpose". Land acquired for Article 97
purposes, (most often park land) that transfers ownership/interest, change physical or legal control, change in use
requires two thirds approval from each branch of the legislture.
Sectioh 61:Agenices and all other entities of the Commonwealth are required to review and evaluate the
environmental impacts of any project undertaken by them in order to avoid or minimize the impacts from the project.
Chapter 61: The purpose of Chapter 61 is to set a procedure, overseen by Dept. of Environmental Management, to
classify lands as forest lands. Lands certified as forest lands are taxed according to special provisions in Chapter 61.
Water Management Act: (M.G.L. Chapter 21 G) The intent is to manage water use, maintain safe yields and plan for
future needs. Any withdrawal of water(surface or ground water) in excess of 100,000 gallons per day must apply for a
water management act permit from DEP. Permission must also be garnered for an inter-basin transfer of water. DCR
helps administer though the Water Resources Commission is the decision making body.
Watershed Protection Act: (aka Cohen Act).This was the precursor to the River Protection Act It has limited
jurisdiction since it deals only with the watersheds of the Quabbin and Wachusetts Reservoirs and is meant to protect
these water bodies from water quality impacts.
Section 401: This refers to section 401 of the federal Clean Water Act but it is administered by the State.The state is
required to certify the discharge of dredge or fill material, dredging and disposal of dredge materials in the waters of
the Commonwealth under federal permit complies with the state's Surface Water Quality standards.
Section 404: Again, a reference to a section of the federal Clean Water Act.Section 404 is administered by the Army
Corps of Engineers with input from the EPA. Section 404, like section 401, deals with the discharge or disposal of fill,
dredge material and dredging in the waters of the US and under section 404 these projects must be permitted.
Permits insure the work will avoid or minimize impacts to waterways consistent with the WPA.
NPDES: The National Pollution Discharge Elimination System is also a part of the Clean Water Act. Initially it dealt
with point source discharges. Point source discharges are required to obtain a permit from EPA (and DEP) and report
effluent quality and quantity. Non point sources are now being addressed under this program, too.
CZM: While not a regulatory entity, the Massachusetts Coastal Zone Office does review projects in the coastal area
for consistency with federal and state rules, regulations, policy and laws.
ACEC:The DCR Area of Critical Environmental Concern program,just like CZM, have no regulatory powers but
works within the existing framework of laws and regulations to help coordinate review and work to insure the
protection of ACECs.
Web sites for more on regulations and laws:
www.state.ma.us/dfwele-Dept of Fisheries, Wildlife and Environmental Law Enforcement
www.mass.gov/dfwele/dfw/nhesp/nhesp.htm -the Mass Natural Heritage and Endangered Species Program
www.ma.gov/dep/matrix.htm -Department of Environmental Protection
www.ma.gov/dcr-Department of Conservation and Recreation
www.mass.2ov/envir/eoea.htm- MA Executive Office of Environmental Affairs
www.nia.gov/legis/laws- Massachusetts general laws
www.epa.gov/epahome/lawreg.htm -Environmental Protection Agency matrix of regulations
Appendur 1:h1EPA Review Thresholds from 301 CMR 11.03
WATER
301 CMR 11.03(4)(a) 301 CMR 11.03(4)(b)
1. New withdrawal or Expansion in withdrawal of: 1. New withdrawal or Expansion in withdrawal of 100,000 or more
a. 2,500,000 or more gpd from a surface water source;or gpd from a water source that requires New construction for the
b. 1,500,000 or more god from a groundwater source. withdrawal.
2. New interbasin transfer of water of 1,000,000 or more gpd or any 2. New withdrawal or Expansion in withdrawal of 500,000 or more
amount determined significant by the Water Resources Commission. gpd from a water supply system above the lesser of current system-
3. Construction of one or more New water mains ten or more miles wide authorized withdrawal volume or three-years' average system-
in length. wide actual withdrawal volume.
4. Provided that the Project is undertaken by an Agency, New water 3. Construction of one or more New water mains five or more miles
service to a municipality or water district across a municipal boundary in length.
through New or existing pipelines, unless a disruption of service 4. Construction of a New drinking water treatment plant with a
emergency is declared in accordance with applicable statutes and Capacity of 1,000,000 or more gpd.
regulations. 5. Expansion of an existing drinking water treatment plant by the
greater of 1,000,000 gpd or 10%of existing Capacity.
6. Alteration requiring a variance in accordance with the Watershed
Protection Act,unless the Project consists solely of one single family
dwelling.
7. Non-bridged stream crossing 1,000 or less feet upstream of a
public surface drinking water suppty for purpose of forest harvesting
activities.
WASTEWATER
ENF AND MANDATORY EIR. ENF
301 CMR 11.03(5)(a) 301 CMR 11.03(5)(b)
1. Construction of a New wastewater treatment and/or disposal 1. Construction of a New wastewater treatment and/or disposal
facility with a Capacity of 2,500,000 or more gpd. facility with a Capacity of 100,000 or more gpd.
2. New interbasin transfer of wastewater of 1,000,000 or more gpd 2. Expansion of an existing wastewater treatment and/or disposal
or any amount determined significant by the Water Resource facility by the greater of 100,000 gpd or 10%of existing Capacity.
Commission. 3. Construction of one or more New sewer mains:
3. Construction of one or more New sewer mains ten or more miles a. that will result in an Expansion in the flow to a wastewater
in;ength. treatment and/or disposal facility by 10%of existing Capacity;
4. Provided that the Project is undertaken by an Agency,New sewer b. five or more miles in length;or
service to a municipality or sewer district across a municipal boundary c. % or more miles in length, provided the sewer mains are not
through New or existing pipelines, unless an emergency is declared located in the right of way of existing roadways.
in accordance with applicable statutes and regulations. 4. New discharge or Expansion in discharge:
5. New discharge or Expansion in discharge of any amount of a. to a sewer system of 100,000 or more gpd of sewage, industrial
sewage, industrial waste water or untreated stormwater directly to an waste water or untreated stormwater,
outstandingresource water.
b. to a surface water of:
6. New Capacity or Expansion in Capacity for storage, treatment, i. 100,000 or more gpd of sewage;
processing,combustion or disposal of 150 or more wet tpd of sewage ii. 20,000 or more gpd of industrial waste water;or
sludge,sludge ash, grit, screenings, or other sewage sludge residual .iii. any amount of sewage, industrial waste water or untreated
materials, unless the Project is an Expansion of an existing facility stormwater requiring a variance from applicable water quality
within an area that has already been sited for the proposed use in regulations;or
accordance with M.G.L.c.21 or M.G.L.c.63,§6. c. to groundwater of
i. 10,000 or more gpd of sewage within an area,zone or district
established, delineated or identified as necessary or appropriate to
protect a public drinking water supply, an area established to protect
a nitrogen sensitive embayment,an area within 200 feet of a tributary
to a public surface drinking water supply,or an area within 400 feet of
a public surface drinking water supply;
ii. 50,000 or more gpd of sewage within any other area;
iii. 20,000 or more gpd of industrial waste water,or
iv. any amount of sewage, industrial waste water or untreated
stormwater requiring approval by the Department of Environmental
Protection of a variance from Title 5 of the State Environmental Code
for New construction.
5. New Capacity or Expansion in Capacity for.
a. combustion or disposal of any amount of sewage sludge, sludge
ash,grit,screenings,or other sewage sludge residual materials;or
b. storage, treatment, or processing of 50 or more wet tpd of
sewage sludge or sewage sludge residual materials.
--Appendix 1:MEPA Review Thresholds from 301 CMR 11.03
v
LAND
ENF AND . . .
301 CMR 11.03(1)(a) 301 CMR 11.03(1)(b)
1. Direct alteration of 50 or more acres of land, unless the Project is 1. Direct alteration of 25 or more acres of land,unless the Project is
consistent with an approved conservation farts plan or forest cutting consistent with an approved conservation farts plan or forest cutting
plan or other similar generally accepted agricultural or forestry plan or other similar generally accepted agricultural or forestry
practices. practices.
2. Creation often or more acres of impervious area. 2. Creation of five or more acres of impervious area.
3. Conversion of land held for natural resources purposes in
accordance with Article 97 of the Amendments to the Constitution of
the Commonwealth to any purpose not in accordance with Article 97.
4. Conversion of land in active agricultural use to nonagricultural
use, provided the land includes soils classified as prime, slate-
important or unique by the United States Department of Agriculture,
unless the Project is accessory to active agricultural use or consists
solely of one single family dwelling. -
5. Release of an interest in land held for conservation, preservation
or agricultural or watershed preservation purposes.
6. Approval in accordance with M.G.L. c. 121A of a New urban
redevelopment project or a fundamental change in an approved
urban redevelopment project, provided that the Project consists of
100 or more dwelling units or 50,000 or more sf of non-residential
space.
7. Approval in accordance with M.G.L. c. 1218 of a New urban
renewal plan or a major modification of an existing urban renewal
plan.
RARE SPECIES
ENF AND MANDATORY
301 CMR 11.03(2)(a) 301 CMR 11.03(2)(b)
NONE 1. Alteration of designated significant habitat.
2. Taking of an endangered or threatened species or species of
special concern, provided that the Project site is two or more acres
and includes an area mapped as a Priority Site of Rare Species
Habitats and Exemplary Natural Communities.
WETLANDS, WATERWAYS AND TIDELANDS
ENF AND MANDATORY EIR ENF
301 CMR 11.03(3)(a) 301 CMR 11.03(3)(b)
1. Provided that a Permit is required: 1. Provided that a Permit is required:
a. alteration of one or more acres of salt marsh or bordering a. alteration of coastal dune,barrier beach or coastal bank;
vegetating wetlands;or b. alteration of 500 or more linear feet of bank along a fish run or
b. alteration of ten or more acres of any other wetlands. inland bank;
2. Alteration requiring a variance in accordance with the Wetlands c. alteration of 1,000 or more sf of salt marsh or outstanding
Protection Act resource waters;
3. Construction of a New dam. d. alteration of 5,000 or more sf of bordering or isolated vegetated
4. Structural alteration of an existing dam that causes an Expansion wetlands;
of 20%or any decrease in impoundment Capacity. e. New fill or structure or Expansion of existing fill or structure,
5. Provided that a Chapter 91 License is required, New non-water except a pile-supported structure, in a velocity zone or regulatory
dependent use or Expansion of an existing non-water dependent floodway;or
structure,provided the use or structure occupies one or more acres of f. alteration of X or more acres of any other wetlands.
waterways or tidelands. 2. Construction of a New roadway or bridge providing access to a
barrier beach or a New utility line providing service to a structure on a
barrier beach.
3. Dredging of 10,000 or more cy of material.
4. Disposal of 10,Ooo or more cy of dredged material, unless at a
designated in-water disposal site.
S. Provided that a Chapter 91 License is required, New or existing
unlicensed non-water dependent use of waterways or tidelands, -
unless the Project is an overhead utility line, a structure of 1,000 or
less sf base area accessory to a single family dwelling, a temporary
use in a designated port area, or an existing unlicensed structure in
use prior to January 1, 1964.
6. Construction, reconstruction or Expansion of an exalting solid fill
structure of 1,000 or more sf base area or of a pile-supported or
bottom-anchored structure of 2,000 or more sf base area, except a
seasonal, pile-held or botlom-anchored float, provided the structure
occupies flowed tidelands or other waterways.
Appendix 1:AfEPA Review 7hresholdsfrom 301 CMR 11.03
TRANSPORTATION
MANDATORENF AND
301 CMR 11.03(6)(a) 301 CMR 11.03(6)(b)
1. Unless the Project consists solely of an internal or on-site
roadway or is located entirely on the site of a non-roadway Project: 1. Unless the Project consists solely of an internal or on-site
a. construction of a New roadway two or more miles in length;or roadway or is located entirely on the site of a non-roadway Project:
b. widening of an existing roadway by one or more travel lanes for a. construction of a New roadway one-quarter or more miles in
two or more miles. length;or
2. New interchange on a completed limited access highway. b. widening of an existing roadway by four or more feet for one-half
3. Construction of a New airport. or more miles.
4. Construction of a New runway or terminal at an existing airport. 2. Construction, widening or maintenance of a roadway or its right-
5. Construction of a New rail or rapid transit line along a New, of-way that will:
unused or abandoned right-of-way for transportation of passengers or a. atter the bank or terrain located.ten more feet from the existing
freight (not including sidings, spurs or other lines not leading to an roadway for one-half or more miles, unless necessary to install a
ultimate destination). structure or equipment;
6. Generation of 3,000 or more New adt on roadways providing b. cut five or more Irving public shade trees of 14 or more inches in
access to a single local diameter at breast height or
7. Construction of 1,000 or more New parking spaces at a single c. eliminate 300 or more feet of stone wan.
location. 3. Expansion of an existing runway at an airport.
4. Construction of a New taxiway at an airport.
5. Expansion of an existing taxiway at Logan Airport.
6. Expansion of an existing terminal at Logan Airport by 100,000 or
more sf.
7. Expansion of an existing terminal at any other airport by 25,000 or
more St.
8. Construction of New or Expansion of existing air cargo buildings
at an airport by 100,000 or more St.
9. Conversion of a military airport to a non-military airport.
10. Construction of a New rail or rapid transit line for transportation
of passengers or freighL
11. Discontinuation of passenger or freight service along a rail or
rapid transit line.
12. Abandonment of a substantially intact rail or rapid transit right-of-
way.
13. Generation of 2,000 or more New adt on roadways providing
access to a single location.
14. Generation of 1,000 or more New adt on roadways providing
access to a single location and construction of 150 or more New
parking spaces at a single location.
15. Construction of 300 or more New parking spaces at a single
location.
ENERGY
ENF AND • -
301 CMR 11.03(7)(a) - 301 CMR 11.03(7Hb)
1. Constluct?, of a New electric generating facility with a Caacit
Capacity 1. Construction of a New electric generating facility with a Capacity
of 100 or more MW. of 25 or more MW.
2. Expansion of an existing electric generating facility by 100 or 2. Expansion of an existing electric generating facility by 25 or more
more MW. Myy.
3. Constriction of a New fuel pipeline ten or more miles in length. 3. Construction of a New fuel pipeline five or more miles in length.
4. Construction of electric transmission lines with a Capacity of 230 4. Construction of electric transmission lines with a Capacity of 69 or
or more kv, provided the transmission lines are five or more miles in more kv, provided the transmission lines are one or more miles in
length along New,unused or abandoned right of way. length along New,unused or abandoned right of way.
Appendix 1:WPA Review Thresholds from 301 CA1R 11.03
AIR
ENF AND MANDATORY EIR � : � ': : I I
301 CMR.11.03(8)(a) 301 CMR 11.03(B)(b)
Construction of a New major stationary source with federal potential 1. Construction of a New major stationary source with federal
emissions, after construction and the imposition of required controls, potential emissions, after construction and the imposition of required
of: 250 tpy of any criteria air pollutant;40 tpy of any HAP; or 100 tpy controls,of: 100 tpy of PM as PM10,CO,lead or SO2; 50 tpy of VOC
of any combination of HAPs. or NOx; 10 tpy of any HAP;or 25 tpy of any combination of HAPs.
2. Modification of an existing major stationary source resulting in a
..significant net increase' in actual emissions, provided that the
stationary source or facility is major for the pollutant, emission of
which is increased by: 15 tpy of PM as PM10; 100 tpy of CO:40 tpy
of SO2;25 tpy of VOC or NOx;0.61py of lead.
SOLID AND HAZARDOUS WASTE
ENF AND MANDATORY Elk ENF
301 CMR 11.03(9)(a) 301 CMR 11.03(9)(b)
New Capacity or Expansion in Capacity of 150 or more tpd for 1. New Capacity or Expansion in Capacity for combustion or
storage,treatment,processing,combustion or disposal of solid waste, disposal of any quantity of solid waste, or storage, treatment or
unless the Project is a transfer station,is an Expansion of an existing processing of 50 or more tpd of solid waste, unless the Project is
facility within a validly site assigned area for the proposed use, or is exempt from site assignment requirements.
exempt from site assignment requirements. 2. Provided that a Permit is required in accordance with M.G.L. c.
21D, New Capacity or Expansion in Capacity for the storage,
recycling,treatment or disposal of hazardous waste.
HISTORICAL AND ARCHAEOLOGICAL RESOURCES
ENF AND MANDATORY EIR ENF
301 CMR 11.03(10)(a) 301 CMR 11.03(10)(b)
NONE Unless the Project is subject to a Determination of No Adverse Effect
by the Massachusetts Historical Commission or is consistent with a
Memorandum of Agreement with the Massachusetts Historical
Commission that has been the subject of public notice and comment:
1, demolition of all or any exterior part of any Historic Structure listed
in or located in any Historic District listed in the State Register of
Historic Places or the Inventory of Historic and Archaeological Assets
of the Commonwealth;or
2. destruction of all or any part of any Archaeological Site listed in
the State Register of Historic Places or the Inventory of Historic and
Archaeological Assets of the Commonwealth.
AREAS OF CRITICAL ENVIRONMENTAL CONCERN
ENF AND MANDATORY
301 CMR 11.03(11)(a) 301 CMR 11.03(11)(b)
NONE Any Project within a designated ACEC, unless the Project consists
solely of one single family dwelling.
REGULATIONS
ENF AND MANDATORY EIR ENF
301 CMR 11.03(12)(a) 301 CMR 11.03(12)(b)
NONE Promulgation of New or revised regulations, of which a primary
purpose is protecting against Damage to the Environment, that
significantly reduce:
1. standards for environmental protection;
2. opportunities for public participation in permitting or other review
processes;or
3. public access to information generated or provided in accordance
with the regulations.