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PUBLIC NOTICE US Anny Corps of Engineers® New England District 696 Virginia Road Concord, MA 01742·2751

Comment Period Begins: May 20,2014 Comment Period Ends: June 19,2014 File Number: NAE-2014-00348 In Reply Refer To: Dan Vasconcelos Phone: (978) 318-8653 E-mail: daniel. b. vasconcelos@usace.army .mil

The District Engineer has received a permit application to conduct work in waters of the United States from the Massachusetts Department of Transportation- Highway Division (MassDOT), 10 Park Plaza, Boston, Massachusetts 02116. This work is proposed in the North Beverly Drainage Ditch at Route 1A (Cabot Street), Beverly, Massachusetts. The site coordinates are: Latitude 42.561859°, Longitude -70.883781°.

Although this project may have only minimal .impacts and may be eligible for authorization under the current Massachusetts General Permit, the work is not expected to begin until after the General Permit expires on January 20, 2015. The applicant is seeking an individual permit to allow for a full five years in which to complete the work.

The work involves the discharge of 635 square feet of fill material into the North Beverly Drainage Ditch associated with the replacement of the culvert conveying the North Beverly Drainage Ditch under Route 1A (Cabot Street) in Beverly, Massachusetts. The purpose of the work is to replace the structurally deficient culvert with a new culvert. The proposed work would replace 16 feet of the existing 3-foot by 4-foot stone box culvert with 16 feet of new 42-inch reinforced concrete pipe (RCP), and reconstruct approximately 100 feet of associated retaining wall. The existing stone box culvert currently transitions into a 42-inch RCP under Route 1A. Once the box culvert is replaced there would be a continuous 42-inch RCP under Route 1A with the new section connecting to the old section. An adjacent 66-inch RCP would not be altered. Sediment build-up at the culvert inlets will be removed and rip-rap will be installed. Due to the heavy accumulation of sediments, the final substrate elevation will be lower than existing conditions. Section 404 impacts are limited to fill below Ordinary High Water (OHW) associated with the installation of the rip-rap protection at the culvert inlet. Sheeting and phased construction techniques would be used to allow the new culvert section to be installed under dry conditions.

The work is shown on the attached plans entitled "ACOE SITE PLANS & DETAILS" on two sheets, and dated "April 7, 2014".

In developing plans for replacing the North Beverly Drainage Ditch culvert beneath Route lA, MassDOT considered ways to avoid and minimize impacts to waters of the United States, including wetlands. Steps to avoid and minimize impacts to wetlands and waterways include installing sedimentation controls, phasing of construction, and conducting the work behind sheeting in order to allow work to proceed under dry conditions. No compensatory mitigation is proposed due to the limited nature of the impacts.

AUTHORITY Permits are required pursuant to:

Section 10 of the Rivers and Harbors Act of 1899

CENAE-R FILE NO. NAE-2014-00348

_____x_ Section 404 of the Clean Water Act __ Section 103 of the Marine Protection, Research and Sanctuaries Act.

The decision whether to issue a pennit will be based on an evaluation of the probable impact of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which may reasonably accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are: conservation, economics, aesthetics, general environmental concerns, wetlands, cultural value, fish and wildlife values, flood hazards, flood plain value, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs ~d welfare of the people.

The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

Where the activity involves the discharge of dredged or fill material into waters of the United States or the transportation of dredged material for the purpose of disposing it in ocean waters, the evaluation of the impact of the activity in the public interest will also include application of the guidelines promulgated by the Administrator, U.S Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act, and/or Section 103 of the Marine Protection Research and Sanctuaries Act of 1972, as amended.

NATIONAL HISTORIC PRESERVATION ACT

Based on his initial review, the District Engineer has determined.that the proposed work may impact properties listed in, or eligible for listing in, the National Register of Historic Places. Additional review and consultation to fulfil requirements under Section 106 of the National Historic Preservation Act of 1966, as amended, will be ongoing as part of the permit review process.

ENDANGERED SPECIES CONSULTATION

The New England District, Army Corps of Engineers has reviewed the list of species protected under the Endangered Species Act of 1973, as amended, which might occur at the project site. It is our preliminary determination that the proposed activity for which authorization is being sought is designed, situated or will be operated/used in such a manner that it is not likely to adversely affect any Federally listed endangered or threatened species or their designated critical habitat. By this Public Notice, we are requesting that the appropriate Federal Agency concur with our determination.

The following authorizations have been applied for, or have been, or will be obtained: ( ) Permit, License or Assent from State.

2

CENAE-R FILE NO. NAE-2014-00348

( X ) Permit from Local Wetland Agency or Conservation Commission. (X) Water Quality Certification in accordance with Section 401 ofthe Clean Water Act.

In order to properly evaluate the proposal, we are seeking public comment. Anyone wishing to comment is encouraged to do so. Comments should be submitted in writing by the above date. If you have any questions, please contact Dan Vasconcelos at (978) 318-8653, (800) 343-4789 or (800) 362-4367, if calling from within Massachusetts.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for a public hearing shall specifically state the reasons for holding a public hearing. The Corps holds public hearings for the purpose of obtaining public comments when that is the best means for understanding a wide variety of concerns from a diverse segment of the public.

The initial determinations made herein will be reviewed in light of facts submitted in response to this notice. All comments will be considered a matter of public record. Copies of letters of objection will be forwarded to the applicant who will normally be requested to contact objectors directly in an effort to reach an understanding.

THIS NOTICE IS NOT AN AUTHORIZATION TO DO ANY WORK.

Chief, Permits and Enforcement Branch Regulatory Division

If you would prefer not to continue receiving Public Notices by email, please contact Ms. Tina Chaisson at (978) 318-8058 or e-mail her at bettina.m.chaisson@usace.army.mil. You may also check here ( ) and return this portion of the Public Notice to: Bettina Chaisson, Regulatory Division, U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742-2751.

NAME: ----------------------------------------------------------ADDRESS: PHONE: ________________________________________________ ___

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EXISTING GRADE VS. PROPOSED GRADE

BLSF Volume: Base Surface Comparlaon Surface Cut Factor 1.000 Fin Factor 1.000 Cut volume (adjusted) Fill volume (adjusted) Net volume (adjusted)

EX-Surface PR-Surface

134.45 Cu. Yd. 3.67 Cu. Yd. 130.78 Cu. Yd.<Cut>

OHWVolume: Base Surface Ex-Surface·Dredge Comparison Surface PR·Surfac&-dredge Cut Factor 1.000 FlU Factor 1.000 Cut volumo (adjusted) 46.1 Cu. Yd. Fill volume (adjusted) 0.0 Cu. Yd. Net volume (Bdjusted) 46.1 Cu. Yd. <Cut>

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OHW Volume (Including 1 foot of rlprap):

NOTES:

Base Surface EX-Surfaco.MAJ-M' Comparison Surface PR-Surrace·MAHW Cut Factor 1.000 FIJ Factor 1.000 Cut volume (adjusted) FlU votume (adjusted) Net ~olume (adjusted)

69.6 Cu. Yd. 0.0 Cu. Yd. 69.6 Cu. Yd.<Cut> (• -70 Cu. Yd. <Cut>)

1. EXISTING CONDITIONS SURVEY INFORMATION SHOWN WN> TAKEN FROM INFORMATION OBTAINED FROM BOSTWICK ENGINEERING INC. (FEB. 1995), INFORMATION OBTAINED FROM GUERTIN & ASSOCIATES (MAR. 1995), AND SUPPLEMENTED WITH FIELD SURVEY PERFORMED (BETWEEN 20011-2013) BY CO·oPERATIVE LAND SURVEYORS, LLC.

2. HORIZONTAL CONTROL AND COORDINATe SYSTEM ARE BASED ON THE NATIONAL GEODETIC DATUM OF 1983 (NA083). ELEVATIONS CONFORM TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAV088),

3, THE LOCATIONS OF THE EXISTING UNDERGROUND UTIUTIES ARE APPROXIMATE. THE CONTRACTOR SHALL FIELD VERIFY AND DETERMINE THE EXACT LOCATIONS OF ANY AND ALL EXISTING UTIUTIES WITHIN THE PROJECT AREA PRIOR TO THE STAAT OF CONSTRUCTION.

4. ALL EXISTING STATE, COUNTY, CITY AND TOWN LOCATION LINES AND PRIVATE PROPERTY LINES HAVE BEEN ESTABLISHED FROM AVAILABLE INFORMATION AND THEIR EXACT LOCATIONS ARE NOT GUARANTEED.

5. AREAS OUTSIDE THE UMITS OF PROPOSED I'I/ORK DISTURBED BY THE CONTRACTOR'S OPERATIONS SHALL BE RESTORED, BY THE CONTRACTOR, TO THEIR ORIGINAL CONDITION, AT THE CONTRACTOR'S EXPENSE.

6. SHOULD AN EXISTING UTILITY BE FOUND TO BE IN CONFUCT WITH THE PROPOSED WORK, THE LOCATION, SIZE, AND TYPE SHALL BE ACCURATELY DETERMINED WITHOUT DELAY BY THE CONTRACTOR, AND THE INFORMATION FURNISHED TO THE ENGINEER FOR RESOLUTION OF THE CONFLICT.

7. CONTRACTOR TO INSTALL ALL EROSION AND SEDIMENTATION CONTROL PRIOR TO THE START OF CONSTRUCTION. SHEETING SHALL BE INSTALLED TO FACILITATE CONSTRUCTION AND TO DIVERT ANY FLOWS FROM THE PERENNIAL STREAM TO THE 66-INCH RCP WHILE THE STONE BOX CULVERT IS REMOVED AND THE 42·1NCH RCP IS INSTALLED. ONCE THE RIP-RAP SLOPES HAVE BEEN STABILIZED, THE SHEETING WILL BE REMOVED AND FLOW THROUGH BOTH PIPES WILL RESUME.

8, ALL SILTATION AND EROSION CONTROL BARRIERS WILL BE INSPECTED BY THE CONTRACTOR ON A WEEKLY BASIS AND FOLLOWING ANY SIGNIFICANT RAINFALL EVENT (112-INCH OR GREATER). ALL DAMAGED EROSION/SEDIMENT CONTROL DEVICES WILL BE REPAIRED OR REPLACED IMMEDIATELY. TRAPPED SEDIMENT'MLL BE REMOVED BEFORE IT HAS ACCUMULATED TO ONE-THIRD OF THE INSTALLED SILTATION FENCE HEIGHT, AND DISPOSED OF PROPERLY.

9. THE PROJECT CONSTRUCTION SHALL COMPLY, AT A MINIMUM, WITH THE REQUIREMENTS OF THE MN>SACHUSETTS EROSION ANO SEDIMENT CONTROL GUIDELINES FOR URBAN AND SUBURBAN AREAS (2003).

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EXCAVATION SUPPORT AND CONTROL OF WATER NOTES·

ELEVATION

15.69

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13.61

15.58

15.52

15.48

15.46

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1. TliE LOCATIONS, Llt.IITS AND MATERIALS SHOWN FOR TliE TEt.IPORARY EXCAVATION SUPPORT ARE SCHEMATIC ONLY AND ARE INTENDED TO ALERT TliE CONTRACTOR TO TliE NEED TO SUPPORT

2.

EXCAVATION AND CONTIROL WATER PS PART Of TliE PROPOSED WORK.

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TliE CONTRACTOR SHALL PREPARE AND SUBMIT FOR APPROVAL COMPUETE DESIGN CALCULATIONS, DRAWINGS AND HARRA11VE DESCRIBING THE nEMPORARY WORK AND TliE SEQUENCE Of CONSTRUCTION. ALL DESIGN CALCULATIONS SHALL BE STAMPED BY A PROFESSIONAL ENGINEER REGISnERED IN THE COMMONWEALTH Of t.IPSSACHUSETTS.

WORK TO BE PERFORMED SHALL BE IN ACCORDANCE WITH ALL LOCAL, STATE AND FEOERAL COOES.

5. VERIFY THE LOCATIONS Of ALL LITIUTIES PRIOR TO EXCAVATING, AND DRIVING SHEETING OR PILES. COORDINATE Wlni UTIUTY OWNERS AND DIGSAFE. t.IAINTAIN, PROTECT OR RELOCATE UTILITIES PS NECESSARY. PERFORM TEST PITS PS REQUIRED TO VERIFY ALL UTILITY LOCATIONS.

6. REPORT DISCREPANCIES BETWEEN THE CONTRACT DOCUt.IENTS AND ACTUAL ENCOUNTERED SUBSURFACE CONDITIONS TO THE ENGINEER PRIOR TO PROCEEDING.

7. PORTIONS Of TliE EXISTING PIPE AND CULVERT TO REMAIN SHALL BE SUPPORTED AND PROnECnED THROUGHOUT CONSTIRUCTION.

B. STIREAN FLOW SHALL NOT BE INTERRUPTED.

HOm THE PROI'OSEO INV. ELEVATION FOR THE 42") RCP IS BASED ON THE EXISTING STONE CULVERT INVERT TO BE RECONSTRUCTED, AND IS APPROXIMATE. ONCE DEMOLITlON IS COMPLETE. PROVIDE SURVEY OF THE EXISTING 42' RCP TO BE CONNECliO TO AT THE INTERFACE POINi TO THE ENGINEER TO DETER~INE IF AllJUsnAENT IS NECESSARY.

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