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Home My WebLink About20230606-VerificationLetter-NAE-2021-02499DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NEW ENGLAND DISTRICT 696 VIRGINIA ROAD CONCORD MA 01742-2751 June 6, 2023 Regulatory Division File Number: NAE-2021-02499 Joel Bois 24 Starbuck Lane Yarmouth, Massachusetts 02675 Sent by email: joel.bois@hotmail.com Dear Mr. Bois: The U.S. Army Corps of Engineers (USACE) has reviewed your application to perform work and place structures below the mean high water mark in order to cultivate eastern oysters and quahogs within a 3-acre site. Gear would consist of fifty 10 ft. x 20 ft. ¼” bottom nets and floating bags on lines. The floating bags would consist of six bags per line with 25 total strings. Mushroom anchors will be used to hold the lines. Gear is proposed to be left on the site during all seasons. Gear will be tended weekly. The applicant also proposes the removal of 34 existing bottom cages that were abandoned on the site by the previous lease holder. This project is located in Lewis Bay off Pine Island, Yarmouth, Massachusetts. The work is shown on the enclosed plans titled “Proposal for Aquaculture Project in Yarmouth Waters in Lewis Bay,” on four sheets, and dated “February 2021.” Based on the information that you have provided, we verify that the activity is authorized under General Permit # 18 of the enclosed June 2, 2023, federal permit known as the Massachusetts General Permits (GPs). The GPs are also available at https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/ Massachusetts-General-Permit. Please review the enclosed GPs carefully, in particular the general conditions beginning on page 35, and ensure that you and all personnel performing work authorized by the GPs are fully aware of and comply with its terms and conditions. A copy of the GPs and this verification letter shall be available at the work site as required by General Condition 17. This authorization expires on June 1, 2028. You must commence or have under contract to commence the work authorized herein by June 1, 2028, and complete the work by June 1, 2029. If not, you must contact this office to determine the need for further authorization and we recommend you contact us before the work authorized herein expires. Please contact us immediately if you change the plans or construction methods for work within our jurisdiction as we must approve any changes before you undertake them. Performing work within our jurisdiction that is not specifically -2- authorized by this determination or failing to comply with the special condition(s) provided above or all the terms and conditions of the GPs may subject you to the enforcement provisions of our regulations. This authorization does not obviate the need to obtain other federal, state, or local authorizations required by law. Applicants are responsible for applying for and obtaining any other approvals. Your project is located within, or may affect resources within, the coastal zone. The Massachusetts Office of Coastal Zone Management (CZM) has already determined that no further Federal Consistency Review is required. We continually strive to improve our customer service. To better serve you, we would appreciate your completing our Customer Service Survey located at https://regulatory.ops.usace.army.mil/customer-service-survey. Please contact Christine Jacek of my staff at (978) 318-8026 or Christine.M.Jacek@usace.army.mil if you have any questions. Sincerely, Paul M. Maniccia Chief, Permits & Enforcement Branch Regulatory Division Enclosures cc: Ed Reiner, U.S. EPA, Region 1, Boston, MA, reiner.ed@epa.gov Rachel Croy, U.S. EPA, Region 1, Boston, MA, croy.rachel@epa.gov Robert Boeri, Coastal Zone Management, Boston, MA, robert.boeri@mass.gov Gabriel Lundgren, MA DMF Shellfish Program, Gabriel.Lundgren@state.ma.us Town of Yarmouth Conservation Commission, bdirienzo@yarmouth.ma.us MA GPs 1 June 2023 General Permit No.: NAE-2022-02649 Applicant: General Public, Commonwealth of Massachusetts Final Effective Date: June 2, 2023 Expiration Date: June 1, 2028 Department of the Army General Permits for the Commonwealth of Massachusetts The New England District of the U.S. Army Corps of Engineers (USACE) hereby issues twenty-five (25)regional general permits (GPs) for activities subject to USACE jurisdiction in waters of the U.S., including wetlands, navigable waters within the Commonwealth of Massachusetts and adjacent ocean waters to the seaward limit of the outer continental shelf. The Massachusetts GPs (hereafter referred to as the MA GP or GP) are issued in accordance with USACE regulations at 33 CFR 320 – 332 [see 33 CFR 325.5(c)(1)]. These GPs establish criteria and contain permit conditions to ensure that the authorized activities have no more than minimal individual and cumulative adverse impacts to the environment. This document contains the following sections: Pages SECTION I Statutory Authorities & Regulated Activities 2 SECTION II Review Categories & Application Procedures 3-7 SECTION III Massachusetts General Permits 8-34 SECTION IV General Conditions 35-51 SECTION V Mitigation Standards 52-54 SECTION VI Federal & State Agency Contact Information & Websites 55-56 SECTION VII Definitions & Acronyms 57-66 APPENDIX A Guidance for Section 106 NHPA Compliance in Massachusetts 67-71 APPENDIX B Pre-Construction Notification 72-77 APPENDIX C Self-Verification Notification 78-81 APPENDIX D Pre-Construction Notification Application Checklist 82-88 In issuing these GPs, the Federal Government does not assume any liability for the following: (a)damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes; (b) damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S. in the public interest; (c) damages to persons, property or to other permitted or unpermitted activities or structures caused by the activity authorized by any of the GPs; (d) design or construction deficiencies associated with the permitted work; or (e) damage claims associated with any future modification, suspension or revocation of these permits. ____________________________________ Tammy R. Turley Date Chief, Regulatory Division MA GPs 2 June 2023 SECTION I. STATUTORY AUTHORITES & REGULATED ACTIVITIES 1. Work Requiring USACE Authorization a. Section 10: Work and structures that are located in, over, under or that affect navigable waters of the United States (U.S.) (see 33 CFR 329). The USACE regulates these activities under section 10 of the Rivers and Harbors Act of 1899 (see 33 CFR 322). b. Section 404: The discharge of dredged or fill material into waters of the U.S (see 33 CFR 328). The USACE regulates these activities under Section 404 of the Clean Water Act (CWA). The term “discharge of dredged or fill material” also includes certain discharges resulting from excavation. Applicants should contact USACE to determine if a particular excavation discharge occurring within waters of the U.S., is a regulated activity. See 33 CFR 323.4 of the CWA for exempted activities. For additional information on the limits of USACE jurisdiction, please see: https://www.nae.usace.army.mil/Portals/74/docs/regulatory/JurisdictionalLimits/Jurisdictional_Limit s_Brochure.pdf 2. Authority to Issue General Permits a. In accordance with 33 CFR 322.2(f), 325.2(e)(2), and 325.5(c), USACE may issue regional general permits authorizing activities under Section 10 of the RHA. b. In accordance with Section 404(e) of the CWA, 33 USC 1344(e), and 33 CFR 323.2(h), 325.2(e)(2), and 325.5(c), after notice and opportunity for public hearing, USACE may issue regional general permits for any category of activities involving discharges of dredged or fill material if the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will only have minimal cumulative adverse effect on the environment. 3. Related Laws 33 CFR 320.3 includes a list of related laws including, but not limited to, Section 408 of the Rivers and Harbors Act of 1899, Section 401 of the Clean Water Act, Section 402 of the Clean Water Act, Section 307(c) of the Coastal Zone Management Act of 1972, Section 106 of the National Historic Preservation Act of 1966, Section 7 of the Endangered Species Act, the Fish and Wildlife Coordination Act of 1956, the Magnuson-Stevens Fishery Conservation and Management Act, the Fish and Wildlife Coordination Act, Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, Section 7(a) of the Wild and Scenic Rivers Act, the Golden Eagle Protection Act, and the Migratory Bird Treaty Act. MA GPs 3 June 2023 SECTION II. REVIEW CATEGORIES & APPLICATION PROCEDURES To qualify under these GPs, the design, construction, and maintenance associated with each proposed activity must meet the terms and eligibility criteria listed in Section III, all applicable general conditions (GCs) in Section IV, and any specific mitigation requirements in Section V. Applicants should first review the GPs to see if a project is eligible for authorization under one or more of the GPs within this document. Any activity not specifically listed may still be eligible for authorization under these GPs; applicants are advised to contact USACE for specific eligibility determination. Please note that these GPs allow for Self-Verification (SV) contingent upon meeting all criteria and with full adherence to all GCs. Projects that do not qualify for SV, may meet criteria for Pre- Constriction Notification (PCN). Tables are provided under each activity, which outline criteria for SV and PCN. Activities that do not meet criteria for SV or PCN may require review as an Individual Permit (IP). Activities may require a PCN or IP as noted in Sections III and/or IV of this GP. Notwithstanding compliance with the terms of these GPs, USACE retains discretionary authority to require either PCN review or IP review on a case-by-case basis for any project based on concerns for the environment or for any of the other public interest factors found in 33 CFR 320.4(a). These GPs also do not replace or change those activities identified as exempt from USACE regulation (33 CFR 323.4). 1. Pre-Application Assistance Prospective applicants may request a pre-application meeting to address any questions they may have. USACE may also request a pre-application meeting or additional information to facilitate review of the request. Pre-application meetings and/or site visits help streamline the authorization process by alerting the prospective applicant to potentially time-consuming factors that may arise during the evaluation of their project (e.g., avoidance, minimization and compensatory mitigation requirements, historic properties, endangered species, essential fish habitat, impacts to federal projects, and/or dredging of contaminated sediments). To schedule a pre-application meeting, present questions, or if you need further assistance, please contact USACE at: Email: cenae-r-ma@usace.army.mil (strongly preferred) Phone: (978) 318-8338 Mail: U.S. Army Corps of Engineers New England District Regulatory Division, Massachusetts Section 696 Virginia Road Concord, MA 01742 2. Submitting a Request Please follow the procedures outlined in Sections II.2-5 when requesting an SV or applying for PCN authorization for activities covered by these GPs. The GPs are provided in Section III below. For SV-eligible projects, the Self-Verification Notification (SVN) must be submitted within 30 days of commencing work. Otherwise, a Pre-Construction Notification (PCN) must be submitted for work that is not SV-eligible. Please include appropriate drawings and attachments and submit your request using the mailbox identified in Section II.4 or II.5 below. USACE will promptly confirm receipt of your request and notify you in the event additional information is required. Guidance on MA GPs 4 June 2023 how to submit electronic correspondence is located on the NAE Regulatory website here: https://www.nae.usace.army.mil/Missions/Regulatory/Submitting-Electronic-Correspondence. 3. Local, State & Federal Approvals Applicants are responsible for applying for and obtaining any required local, state, and federal permits or approvals. These must be obtained prior to the commencement of work in waters. Such authorizations may include a Water Quality Certification, a Coastal Zone Management Act consistency determination, and other approvals as noted below. Authorization under these GPs does not obviate the need for the permittee to obtain other Federal, State, or local permits, approvals, or authorizations required by law. I. Water Quality Certification under Section 401 of the Federal Clean Water Act (33 USC 1341). Applicants are responsible for determining the appropriate 401 Water quality Certification (WQC) requirements and submitting this information to the USACE at the time of their PCN application or when completing their SVN. Applicants that are unsure of whether their activity has been certified should contact MassDEP, or EPA Region 1 when the activity is located on tribal lands, for a determination. The 401 WQC requirement must be satisfied by acquiring one of the following WQCs from MassDEP (see GC 8): General 401 WQC: The MassDEP issued a WQC on April 21, 2023 conditionally certifies all activities in GPs 1 – 24 eligible for SV and PCN so long as the activity is described in 314 CMR 9.03, and is not an activity described in 314 CMR 9.04, and so long as the activity meets all other requirements, terms and conditions of this WQC. The MassDEP WQC also conditionally certifies activities described in GP 25 so long as the activity meets all other conditions of the WQC. Emergency projects described in GP 25 must obtain an emergency certification or otherwise be authorized pursuant to 310 CMR 10.06, qualify under a Severe Weather Emergency Declaration pursuant to 310 CMR 10.06(8) issued by the MassDEP, or meet the requirements of 9.12(2) or (3) in order to be certified under the WQC Applicants should refer to the following link to determine if their activity is eligible: https://www.nae.usace.army.mil/Missions/Regulatory/ State-General-Permits/ Massachusetts- General-Permit/. If eligible, you must comply with all applicable WQC conditions. Activities listed in 314 CMR 9.03 that are not exempt from the Wetland Protection Act must have a valid Final Order of Conditions (OOC) or Final Restoration Order of Conditions pursuant to 310 CMR 10.00 to be eligible under the General 401 WQC. Individual 401 WQC: In the event the proposed activity is not covered by the general WQC, applicants shall contact MassDEP and apply for an individual 401 WQC if their activity does not qualify for a General 401 WQC as outlined above. MassDEP may issue, waive, or deny the individual 401 WQC on a case-by-case basis. All activities listed in 314 CMR 9.04 must obtain an individual 401 WQC from MassDEP to be eligible under these GPs. When an Individual 401 WQC is required for PCN activities, the applicant shall submit their Individual 401 WQC application concurrently to MassDEP and the USACE to comply with 40 CFR 121. Activities Proposed on Tribal Lands: When an activity is proposed on Tribal lands, the applicant shall refer to the general 401 WQCs granted by the Environmental Protection Agency (EPA), Region 1 on May 15, 2023. These 401 WQCs are located on the USACE Regulatory website: https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Massachusetts- General-Permit/. MA GPs 5 June 2023 II. Coastal Zone Management Act Federal Consistency Concurrence pursuant to Section 307 of the CZMA of 1972, as amended. Federal consistency concurrence is required for all activities located within the coastal zone, unless determined otherwise by the Massachusetts Office of Coastal Zone Management (MA CZM) (see GC 9). As applicable, this requirement must be satisfied by acquiring one of the following from the MA CZM: General CZM Federal Consistency Concurrence (General Concurrence): MA CZM has granted General Concurrence for all SV and PCN activities for GPs 1-25 and this can be found at: https://www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Massachusetts -General-Permit/. The applicant must obtain all applicable permits and approvals prior to the commencement of work in USACE jurisdiction (i.e., construction begins on site). For SVs, General Concurrence is automatically granted and no further action is required from the applicant. For PCNs, the USACE will coordinate with MA CZM to acquire General Concurrence as part of the PCN application review. During review of the PCN application, USACE may request additional information from the applicant to support CZM’s evaluation of the activity. Individual CZM Federal Consistency Concurrence (Individual Concurrence): In certain cases, MA CZM may elevate any GP activity 1-25 to require Individual Concurrence. The applicant must contact MA CZM and follow the procedures to obtain Individual Concurrence as determined appropriate by MA CZM. The MA CZM program includes five regional offices that serve 78 coastal municipalities. The following map provides more information about these offices: https://www.mass.gov/service- details/czm-regions-coastal-communities-and-coastal-zone-boundary III. Other Approvals: Approvals typically required in Massachusetts include, but are not limited to, a Chapter 91 Permit/License, Massachusetts Environmental Protection Act (MEPA) review, Wetlands Protection Act Order of Conditions, and/or Aquaculture Certification. Applicants should also be aware that USACE may not be able to render a permit decision in the event the proposed activity is denied by another local, state and/or federal agency. 4. Procedures for Self-Verification (SV) Eligible Projects If the activity is eligible for an SV, the Self-Verification Notification (SVN) must be completed prior to the start of project construction and submitted to USACE within 30 days of commencing work. The purpose of the SVN is to provide applicants with a tool to assist them when determining if the activity as proposed is SV-eligible. The following GPs do not require submission of the SVN: GP 1 (SV #1), GP 3 (SV #2-3), GP 4 (SV #2), GP 11, GP 12 (note #2), GP 14 (see note), GP 15 (see note), and GP 24 (SV #3). For the activities not listed above, the SVN must be completed prior to the start of work and be kept on site at all times during project construction. The applicant shall not begin work for SV-eligible activities until they have completely verified the bulleted items below. Digital submittals by email are strongly encouraged to facilitate the most efficient processing of the SVN submittal. Please communicate with USACE staff if you are unable to provide a digital copy. Addresses are cenae-r-ma-sv@usace.army.mil (email) or Regulatory Division, U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751 (mail). Eligible SV Activities: • Are subject to USACE jurisdiction (see GC 2); and • Qualify for one or more of the GPs within this document (Section III); and • Meet the GCs within this document (Section IV); and MA GPs 6 June 2023 • When required, are supported by a complete SVN (Appendix C); and • Receive all other required local, State, and/or Federal approvals. 5. Procedures for Pre-Construction Notification (PCN) Eligible Projects For activities that require a PCN, an application to and written authorization from USACE is required. No work requiring a PCN may proceed until the applicant receives written authorization from USACE verifying that the activity is authorized. The verification letter may include special conditions that the applicant must comply with. When possible, it is highly recommended that PCN application materials are submitted at least 90 days before the target start date to allow for USACE evaluation and any necessary agency consultations. PCN applications shall demonstrate in writing how the proposed activity complies with all GCs, as applicable to their activity. Digital submittals by email are strongly encouraged to facilitate the most efficient processing of the PCN application. Please communicate with USACE staff if you are unable to provide a digital copy. Addresses are cenae-r-ma@usace.army.mil or Regulatory Division, U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751 (mail). Eligible PCN Activities: • Are subject to USACE jurisdiction (see GC 2); and • Qualify for one or more of the GPs within this document (Section III); and • Meet the GCs within this document (Section IV); and • Comply with the Mitigation Standards within this document (Section V); and • Are supported by a complete PCN document (Appendix B); and • When required, are supported by the submittal of project information to the appropriate parties identified in Appendix A; and • Receive all other required local, State, and/or Federal approvals. 6. Interagency Review Procedures The USACE reserves the opportunity to coordinate PCN activities with Federal and State agencies to ensure that the proposed activity results in no more than a minimal impact to the aquatic environment. In some cases, USACE may require project modifications involving avoidance, minimization, and/or compensatory mitigation for unavoidable impacts to ensure the net effects of a project are minimal. The USACE determines, after review and coordination with the agencies and/or the applicant, if PCN applications: a. Meet the terms and conditions of the GP as proposed; b. Require additional information; c. Require avoidance, minimization, compensatory mitigation, construction sequencing, project modification, or other special conditions to avoid or minimize adverse impacts to the aquatic environment; d. Require individual permit review regardless of whether the terms and GCs of these GPs are met, based on concerns for the aquatic environment or any other factor of the public interest (see Section 9 below). For activities requiring a PCN, the applicant must wait for written authorization from USACE before commencing activities in waters of the U.S. Beginning work for PCN required activities without a USACE written authorization is a violation of these GPs, and the terms and conditions of this document. The applicant may be subjected to an enforcement action by USACE and/or the Environmental Protection Agency (EPA). MA GPs 7 June 2023 7. Construction of Solid Fill Structures and Fills Along the Coastline or Baseline from Which the Territorial Sea is Measured. Projects involving the construction of solid fill structures or discharge of fill that may extend beyond the coastline or the baseline from which the territorial sea is measured (i.e., mean low water) will require a PCN. The USACE will submit a description of the proposed work and a copy of the plans to the Solicitor, Department of the Interior, Washington, DC 20240, and request comments concerning the effects of the proposed work on the outer continental rights of the United States. These comments will be included in the administrative record of the application. After completion of permit review, the record will be forwarded to the Chief of Engineers. The decision on the application will be made by the Secretary of the Army after coordination with the Attorney General. 8. Emergency Activities Per 33 CFR 325.2(e)(4), an emergency is limited to a situation that would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process an application under standard procedures. Emergency work shall be limited to that which is necessary to stabilize and secure the situation. Additional work needed for final repairs shall not be completed until approval is obtained through the appropriate, non- emergency process. Emergency work is subject to the same terms and conditions of these GPs as non-emergency work, and similarly, must qualify for authorization under these GPs; otherwise, an IP is required. See GP 25 Emergency Situations for additional information. 9. Individual Permit Projects that do not meet the terms and conditions of this GP may require review as an IP (33 CFR 325.5 (b)). Proposed work in this category will require a separate Federal application for an individual permit from USACE (33 CFR 325.1). In addition, USACE retains discretionary authority on a case-by-case basis to elevate GP-eligible activities to an IP based on concerns for the environment or any other factor of the public interest (33 CFR 320.4 (a)). Applicants are required to submit the appropriate application materials directly to USACE as early as possible to expedite the permit review process. General information and application forms can be obtained at our website or by contacting our office at cenae-r-ma@usace.army.mil or (978) 318-8338. Individual 401 WQC and/or CZMA Federal consistency concurrence from the appropriate MA agencies are required before USACE can issue an individual permit. Applying for an IP does not relieve the applicant from their obligation to obtain all required Federal, State and/or local approvals. 10. Compliance Applicants shall ensure compliance with all applicable GPs in Section III, GCs in Section IV, and any special conditions included in USACE verification letters. Noncompliance with these GPs, GCs, and special conditions may subject the applicant to criminal, civil, or administrative penalties, and/or an ordered restoration, and/or the permit may be modified, suspended or revoked by USACE. The USACE will consider any activity requiring USACE authorization to be noncompliant if that activity does not comply with all GP terms and conditions at all times, including while the project is under construction and when work is completed. MA GPs 8 June 2023 SECTION III. MASSACHUSETTS GENERAL PERMITS Applicants are encouraged to review Sections I & II prior to submitting an application to confirm that the activity as proposed complies with all terms and conditions of the 2023 MA GPs. Applicants are also encouraged to review the definitions in Section VII, Definitions & Acronyms, of this document. Several terms are frequently used throughout the GPs, and it is important for the reader to understand these terms. If seeking verification for an activity previously verified under the 2018 MA GPs, please contact the USACE to discuss permitting needs in advance of submitting an application. General Permits 1. Aids to Navigation and Temporary Recreational Structures 2. Maintenance 3. Moorings 4. Structures in Navigable Waters of the U.S. 5. Boat Ramps and Marine Railways 6. Utility Lines, Oil or Natural Gas Pipelines, Outfall Or Intake Structures, and Appurtenant Features 7. Dredging, Disposal of Dredged Material, Beach Nourishment, Rock Removal and Rock Relocation 8. U.S. Coast Guard Approved Bridges 9. Bank and Shoreline Stabilization 10. Aquatic Habitat Restoration, Enhancement, and Establishment Activities 11. Fish and Wildlife Harvesting and Attraction Devices and Activities 12. Response Operations, Oil and Hazardous Substances 13. Cleanup of Hazardous and Toxic Waste 14. Scientific Measurement Devices 15. Survey Activities 16. Land and Water-Based Renewable Energy Generation Facilities and Hydropower Projects 17. Residential, Commercial and Institutional Developments, and Recreational Facilities 18. Aquaculture 19. Mining Activities 20. Living Shorelines 21. Agricultural Activities 22. Reshaping Existing Drainage Ditches, Construction of New Ditches, and Mosquito Management 23. Linear Transportation Projects and Wetland/Stream Crossings 24. Temporary Construction, Access, and Dewatering 25. Emergency Situations MA GPs 9 June 2023 GP 1. AIDS TO NAVIGATION AND TEMPORARY RECREATIONAL STRUCTURES (Authority: §10) (a) The placement of aids to navigation and regulatory markers that are approved by and installed in accordance with the requirements of the U.S. Coast Guard (USCG). See 33 CFR, Part 66; and (b) Temporary buoys, markers, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use. See GC 16. Self-Verification Eligible 1. Aids to navigation and regulatory markers approved by and installed in accordance with the requirements of the USCG. 2. Temporary buoys, markers and similar structures that are: (a) placed for recreational use during specific events and removed within 30 days after event; or (b) placed during winter events on ice and removed before spring thaw. These structures must be authorized by the local harbormaster, not located within an FNP or its buffer zone, and not located in saltmarsh or tidal vegetated shallows. Pre-Construction Notification Required 1. Impacts in saltmarsh or tidal vegetated shallows. 2. Activities that are not SV eligible. Note: An SVN submittal to USACE is not required for work authorized under SV #1 above. MA GPs 10 June 2023 GP 2. MAINTENANCE (Authorities: §10 and §404) Repair, rehabilitation, or replacement of any previously authorized 1, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3 (activities occurring before certain dates), provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction technique requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This GP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the activities above. Maintenance dredging and beach nourishment are not eligible under GP 2 (see GP 7). Stream crossing modifications (including sliplining), replacements or extensions are not eligible under GP 2 (see GPs 6, 17, 23). See GP 25 Emergency Situations for expedited review of emergency activities. Not authorized under GP 2 (IP required): (a) Permanent impacts in >1 acre in non-tidal waters and/or wetlands; or (b) Permanent impacts >1/2 acre in tidal waters; >1000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF in tidal vegetated shallows; or (c) Temporary impacts >1 acre in tidal waters; >5000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >1000 SF in vegetated shallows; (d) New stream channelization or stream relocation projects (e.g., those in response to storm or flood events). Self-Verification Eligible Maintenance activities that meet all of the following terms: 1. In non-tidal waters, the combined permanent and temporary impacts extending beyond the original footprint are ≤5,000 SF 2 and not located in vegetated shallows or riffle and pool complexes. 2. In tidal waters, the combined permanent and temporary impacts extending beyond the original footprint are ≤5,000 SF, ≤1,000 SF in mudflats and/or natural rocky habitat, and not located in saltmarsh and tidal vegetated shallows. 3. Minor deviations in the repair, rehabilitation, or replacement of previously authorized, currently serviceable structures or fills. 4. Bulkhead replacement in tidal and non-tidal waters via installation of new bulkhead within 18 inches of the existing bulkhead and associated backfill. 5. Drawdown of an impoundment for dam/levee repair provided it does not exceed 18 months and one growing season (April through September). Pre-Construction Notification Required 1. Discharges associated with removal of accumulated sediments and debris in the vicinity of existing structures, including intake and outfall structures and associated canals. 2. The removal of sediment outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) that is ≥200 linear feet. This activity is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions existing when the structure was built. 3. Dam and flood control or levee repair, rehabilitation, or replacement involves: a. A change in the flood elevation or permanent water surface elevation of the impoundment; or b. Drawdown of impoundment for construction exceeding one growing season (see SV eligible #5); c. Any modification that changes the character, scope, or size of the original fill design; or d. Does not meet SV eligible 1-7. 4. Installation of steel piles, including steel sheet piles, that cannot be done in the dry and where NOAA-ESA listed species are mapped as present. 1 Some maintenance activities may not be subject to regulation under Section 404 of the CWA in accordance with 33 CFR 323.4(a)(2). Per 33 CFR 330.3, Vested dates are: a) Work performed and structures installed before December 18, 1968 (Section 10); and b) Fill placed before July 25, 1975 (Section 404). 2 This excludes dam projects that may require a temporary drawdown with impacts >5,000 SF in non-tidal waters. Instead, the drawdown shall comply with SV #5 to be eligible under Self-Verification. MA GPs 11 June 2023 6. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill. 7. Work to previously approved tide gates not affecting upstream tidal resource areas. 5. Activities located in the Connecticut River or Merrimack River, unless they are completed in the dry or when the tide is waterward of the work area. 6. Activities on USACE properties & USACE- controlled easements. 7. Activities that do not require an IP. Activities that do not require a PCN or an IP may be SV eligible. Notes: 1. This authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the CWA §404(f) exemption for maintenance. See 33 CFR 323.4(a)(2). Prior USACE permits may have included authorization to maintain the activity, in which case authorization under this GP is not necessary. 2. See GC 22 for information on temporary construction mats. MA GPs 12 June 2023 GP 3. MOORINGS (Authority: §10) New moorings and mooring fields; the relocation of previously authorized moorings; expansions, boundary reconfigurations or modifications of previously authorized mooring fields; and maintenance and replacement of moorings. Not authorized under GP 3 (IP required): (a) Moorings or mooring fields converted to or associated with a new boating facility 1; or (b) Moorings in a USACE Federal Navigation Anchorage or USACE Federal Navigation Channel, except municipal-operated mooring fields. Self-Verification Eligible 1. New or relocated moorings that meet all the following terms: a. Authorized by a local harbormaster/ municipality under MGL Chapter 91 §10A; and b. No interference with navigation; and c. Single boat, single-point and non- commercial; and d. Not associated with a boating facility, and e. Neither placed within nor impact tidal vegetated shallows (e.g., eelgrass); and f. Not located within a USACE Federal navigation project (FNP) or the FNP buffer zone. 2. Existing, authorized moorings are converted from traditional moorings to low impact mooring technology (see note below) and/or helical anchors. 3. Maintenance and replacement of moorings authorized by the USACE. Pre-Construction Notification Required 1. New mooring fields; or expansions, boundary reconfigurations or modifications of existing, authorized mooring fields. 2. Moorings located such that they, and/or vessels docked or moored at them, are within the buffer zone of the horizontal limits of a Federal Anchorage. The buffer zone is equal to 3 times the authorized depth of that channel (see GC 15). 3. New individual moorings located in saltmarsh, mudflats, natural rocky habitat, and tidal vegetated shallows. Locating moorings these areas should be avoided to the maximum extent practicable. If these areas cannot be avoided, plans should show conservation mooring or low-impact mooring systems that prevent mooring chains from resting or dragging on the bottom substrate at all tides, where practicable. USACE may require a survey in areas previously mapped as containing eelgrass or within 100 ft. of existing eelgrass beds to document presence or absence of eelgrass and to determine the appropriate type and amount of compensatory mitigation for impacts to eelgrass. 4. Replacement moorings located in tidal vegetated shallows. 5. Moorings that are not SV eligible and do not require an IP. Notes: 1. Low impact mooring systems, including conservation moorings, are encouraged to minimize impacts of chain scouring from conventional moorings during the tidal cycle. 2. An SVN submittal to USACE is not required for work authorized under SV #2-3 above. 1 Boating facilities are marinas, yacht clubs, boat clubs, boat yards, dockominiums, town facilities, land/homeowner’s associations, etc. that provide for a fee, rent or sell mooring or docking space. Not classified as boating facilities are municipal moorings or municipal mooring fields that charge an equitable user fee based only on the actual costs incurred. MA GPs 13 June 2023 GP 4. STRUCTURES IN NAVIGABLE WATERS OF THE U.S. (Authority: §10 & §404) New, expansions, reconfigurations or modifications of structures for navigational access in waters of the U.S. including but not limited to temporary/seasonal or permanent pile and pole-supported piers, floats, stairs, shore outhauls, and boat and float lifts. Not authorized under GP 4 (IP required): (a) Structures associated with a new boating facility; (b) Structures in a USACE Federal anchorage or channel; or (c) Artificial reefs. Self-Verification Eligible 1. Private, non-commercial piers, floats and lifts that meet all the following terms: a. Piers and floats in: (i) Tidal waters total ≤600 SF combined; and (ii) Non-tidal navigable waters of the U.S. total ≤600 SF combined; and b. Piers are ≤4 feet wide and ≥6 feet above the marsh substrate (the height is measured from the marsh substrate to the bottom of the lowest longitudinal support); and c. Floats and lifts in tidal waters and non-tidal navigable waters of the U.S. are ≥24 inches above the substrate during all tidal cycles. Float stops are preferred when site conditions warrant them (i.e., low tide exposes substrate), and skids can only be used in areas where piles are not feasible and on sandy or hard bottom substrates; and d. Piers, floats and lifts: (i) Are ≥25 feet from previously mapped or existing vegetated shallows, or riparian property line extensions; (ii) Extend ≤25% of the waterway width in non-tidal navigable waters of the U.S. or MHW in tidal navigable waters of the U.S. e. Installation of ≤12-inch diameter timber piles. Installation of ≥12-inch diameter piles of any material type when installed in the dry. 2. Fenders and similar structures. Pre-Construction Notification Required 1. Shore outhauls. 2. Expansions, modifications, or new reconfiguration zones at any authorized boating facility. 3. New, expansions, reconfigurations, reconfiguration zones, or modifications of structures that provide public, community or government recreational uses such as boating, fishing, swimming, access, etc. 4. Installation of steel piles, including steel sheet piles, that cannot be done in the dry and where NOAA-ESA listed species are mapped as present. 5. Located within the buffer zone of the horizontal limits of an FNP (GC 15). 6. Miscellaneous structures. 7. Impacts in tidal vegetated shallows. 8. Structures that are not SV eligible and do not require an IP. Notes: 1. See GC 19 regarding pile driving and pile removal in navigable waters and 2. See GC 20 regarding time of year restrictions in tidal waters. 3. Boating facilities are facilities that provide for a fee, rent, or sell mooring space, such as marinas, yacht clubs, boat clubs, boat yards, town facilities, dockominiums, etc. Pile supported structures with no discharges of dredged or fill material are not regulated by USACE in non-navigable waters. 4. A SVN submittal to USACE is not required for SV #2 above. MA GPs 14 June 2023 GP 5. BOAT RAMPS AND MARINE RAILWAYS (Authorities: §10 and §404) Activities required for the construction of boat ramps and marine railways, including excavation and fill. Not authorized under GP 5 (IP required): (a) Permanent impacts that are >1 acre in non-tidal waters of the U.S., >½ acre in tidal waters; >1000 SF in saltmarsh, mud flats, riffle and pool complexes, or non- tidal vegetated shallows; or >100 SF in tidal vegetated shallows; (b) Temporary impacts in tidal waters that are >1 acre; >5000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1000 SF in vegetated shallows1; or (c) dredging in navigable waters of the U.S. (see GP 7). Self-Verification Eligible 1. In non-tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, and (b) not located in riffle and pool complexes and non- tidal vegetated shallows. 2. In tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, (b) ≤1,000 SF in mudflats and/or natural rocky habitat, and (c), not located in saltmarsh and tidal vegetated shallows. Pre-Construction Notification Required 1. Boat ramps are located within 25 feet of property line extensions unless the properties are owned by the same owner. The USACE may require a letter of no objection from the abutter(s). 2. Activities that are not eligible for SV and do not require an IP. MA GPs 15 June 2023 GP 6. UTILITY LINES, OIL OR NATURAL GAS PIPELINES, OUTFALL OR INTAKE STRUCTURES, AND APPURTENANT FEATURES (Authorities: §10 & §404) Activities required for: (a) The construction, maintenance, repair or removal of utility lines, oil or natural gas pipelines 1, outfall or intake structures2, and appurtenant features including the associated excavation, backfill, or bedding for these structures. (b) The construction, maintenance, or expansion of substations and other appurtenant facilities associated with a utility line, oil or natural gas pipeline, and outfall or intake structure in non-tidal waters of the U.S.; and (c) The construction and maintenance of foundations for overhead utility line towers, poles, and anchors in tidal and non-tidal waters of the U.S., provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. This GP authorizes the construction of access roads to facilitate construction of the above activities provided the activity, in combination with all other activities included in one single and complete project, does not exceed the thresholds identified below (IP required). Access roads used solely for construction of the utility line must be removed upon completion of the work. This GP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the activities above.3 Not authorized under GP 6 (IP required): (a) Permanent impacts for any single and complete project that are >1 acre in non-tidal waters of the U.S.; >½ acre in tidal waters; >1000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF in tidal vegetated shallows; (b) Temporary impacts in tidal waters that are >1 acre; >5000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1000 SF in vegetated shallows; (c) Stormwater treatment or detention systems, or subsurface sewage disposal systems in waters of the U.S.; or (d) New tide gates that do not meet SV criteria below. Self-Verification Eligible 1. In non-tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, and (b) not located in riffle and pool complexes and non-tidal vegetated shallows. 2. In tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, (b) ≤1,000 SF in mudflats and/or natural rocky habitat, and (c), not located in saltmarsh and tidal vegetated shallows. 3. Intake structures that are dry hydrants used exclusively for firefighting activities with no stream impoundments. 4. New tide gates on outfall structures for pipes conveying stormwater and/or industrial NPDES-permitted discharges from waters that are not waters of the U.S. Pre-Construction Notification Required 1. New outfall and/or intake structures. 2. Unconfined work or silt producing activities in streams with diadromous fish. 3. Submarine cables, conduits, or pipelines that occur in, over or under navigable waters of the U.S. 4. Stream channelization, relocation, impoundment, or loss of streambed occurs. 5. The activity is placed within and runs parallel to or along a streambed within waters of the U.S. 6. There is a permanent change in preconstruction contours in waters of the U.S. 7. Installation of utility lines or gas/oil pipelines using trench excavation where material is temporarily sidecast into waters of the U.S. for >3 months. Applicants must demonstrate how the material would not be dispersed by currents or other forces. 8. Activities that are not SV eligible and do not require an IP. 1 See the definitions of a “utility line” and “oil or natural gas pipeline” in Section VII. 2 Outfall structures must be in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the Clean Water Act). 3 Temporary impacts shall comply with all GCs, including GC 32 Utility Line Installation and Removal. MA GPs 16 June 2023 GP 7. DREDGING (Authority: §10), DISPOSAL OF DREDGED MATERIAL (Authorities: §10, §404), BEACH NOURISHMENT (Authorities: §10 & §404), ROCK REMOVAL (Authority: §10) AND ROCK RELOCATION (Authorities: §10 & §404) New, improvement and maintenance dredging (see notes below) including: (a) Disposal of dredged material at a confined aquatic disposal cell, beach nourishment location, near shore site, or ocean disposal site selected under Section 404 of the Clean Water Act pursuant to the 404(b)(1) Guidelines, provided the dredged material meets the requirements for such disposal; (b) Beach nourishment not associated with dredging; and (c) Rock removal and relocation for navigation. Not authorized under GP 7 (IP required): (a) Dredging where ocean disposal is required for the disposal of dredged material (Section 103); New dredging >½ acre; ≥10,000 CY; >1000 SF permanent impacts to intertidal areas, saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF permanent impacts to tidal vegetated shallows; (b) Maintenance or improvement dredging and/or disposal with >1 acre of impacts to intertidal areas, saltmarsh, mudflats, riffle and pool complexes, or non-tidal vegetated shallows; (c) New dredging where the primary purpose is sand mining for beach nourishment; (d) Beach scraping; (e) Boulder removal and relocation for navigation >½ acre; or (f) Blasting. Self-Verification Eligible 1. Maintenance dredging of previously dredged areas, with upland disposal, that meet all of the following terms: a. Dredged area ≤1/2 acre; and b. Activities comply with GC 20, TOY Restrictions. The time-of-year restriction(s) stated in Appendix B of the MA Division of Marine Fisheries (DMF) Technical Report TR- 471 can apply instead if the general TOY restriction if a TOY is provided for a specific waterbody and is less restrictive. This is to protect endangered species, EFH, and other species; and c. The dredge footprint is located >25’ from salt marsh or >100’ from vegetated shallows; and d. Combined permanent and temporary impacts that are (i) ≤1,000 SF in mudflats or natural rocky habitat, or (ii) ≤5,000 SF within intertidal habitat and areas containing shellfish (an area contains shellfish unless: it is verified that minimal shellfish are present per the local shellfish constable or a shellfish survey; or it is not mapped as a MassGIS shellfish suitability area). e. No return water from upland disposal areas. 2. Boulder relocation with ≤1,000 SF of impacts, relocated to a similar depth and substrate. Pre-Construction Notification Required 1. Maintenance dredging where the primary purpose is sand mining for beach nourishment. 2. New dredging and associated disposal ≤1/2 acre or <10,000 cubic yards. 3. Improvement dredging. 4. Beach nourishment in waters of the U.S. not associated with dredging. 5. Activities that are located in saltmarsh and tidal vegetated shallows. 6. Dredging in a Federal Navigation Project or within the buffer zone (see GC 15). 7. Activities that are not eligible for SV and do not require an IP. Notes: 1. See Section VII for definitions of improvement and maintenance dredging. 2. For PCN activities, the USACE may waive or adjust the time of year requirement on a case-by-case basis after consultation with resource agencies. 3. Disposal site of any dredged material must be identified prior to obtaining USACE authorization. 4. Contact the USACE if a ten-year authorization to maintain an area is desired. 1 The MA DMF Technical Report TR-47: https://www.nae.usace.army.mil/Missions/Regulatory/State-General- Permits/Massachusetts-General-Permit/ MA GPs 17 June 2023 GP 8. U.S. COAST GUARD APPROVED BRIDGES (Authorities: §404) Discharges of dredged or fill material incidental to the construction and modification of bridges across navigable waters of the U.S., including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills provided that the USCG authorizes the construction of the bridge structure under Section 9 of the Rivers and Harbors Act of 1899 or other applicable laws. A USCG Authorization Act Exemption or a Surface Transportation and Uniform Relocation Assistance Act (STURRA) (144h) exemption do not constitute USCG authorization. Not authorized under GP 8 (IP Required): Causeways and approach fills (see GP 23). Self-Verification Eligible 1. Discharges of dredged or fill material that are incidental to the construction of bridges across navigable waters and meet all of the following: a. Combined permanent and temporary impacts that are ≤5,000 SF. b. Combined permanent and temporary impacts that are ≤1,000 SF in mudflats and natural rocky habitat. c. Not located in saltmarsh and tidal vegetated shallows. Pre-Construction Notification Required 1. Activities on USACE properties & USACE controlled easements.2. Installation of steel piles, including steel sheet piles, that cannot be done in the dry and where NOAA-ESA listed species are mapped as present. 3. Activities that are not eligible for SV and do not require an IP. Notes: 1. GP 8 is not applicable to bridges over inland waters or wetlands that are not tidally influenced or regulated as navigable under Section 10. 2. See eligibility criteria for GPs 2 & 23 for projects that are not subject to USCG regulations. MA GPs 18 June 2023 GP 9. BANK AND SHORELINE STABILIZATION (Authorities: §10 & §404) Bank stabilization activities necessary for erosion protection along the banks of lakes, ponds, streams, estuarine and ocean waters, and any other open waters. Includes bulkheads, seawalls, riprap, revetments, living seawalls, or slope protection & similar structures, specifically for the purpose of shoreline protection. This GP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the activities above. Activities must meet the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the U.S.; (c) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored native trees and treetops may be used in low energy areas); (d) Native plants appropriate for current site conditions, including salinity, must be used for bioengineering or vegetative bank stabilization; (e) The activity is not a stream channelization activity; and (f) The activity must be properly maintained, which may require repairing it after severe storms or erosion events. This GP authorizes those maintenance and repair activities if they require authorization. This GP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the bank stabilization activity. See GP 20 for living shoreline stabilization structures or fills. Not authorized under GP 9 (IP required): (a) New bank stabilization >500 feet in total length (>1,000 linear feet in total length when necessary to protect transportation infrastructure) or permanent loss of saltmarsh >1,000 SF, unless the District Engineer waives this criterion by making a written determination concluding that the discharge of dredged or fill material will result in no more than minimal adverse environmental effects (an exception is for bulkheads – the district engineer cannot issue a waiver for a new bulkhead that is >1,000 feet in length along the bank); (b) Stream channelization or relocation activities; or (c) Breakwaters, groins or jetties. Self-Verification Eligible 1. Activities in tidal and non- tidal waters that are: a. <200 feet in length. b. <400 feet in length when necessary to protect transportation infrastructure. c. ≤1 cubic yard of fill per linear foot average along the bank waterward of the plane of OHW or HTL. d. Not located in non-tidal wetlands, saltmarsh, vegetated shallows. Pre-Construction Notification Required 1. Activities in tidal and non-tidal waters that are: a. ≥200 feet to ≤500 feet in total length. Activities >500 feet in total length must have a written waiver from USACE. b. ≥400 feet to ≤1,000 feet in total length when necessary to protect transportation infrastructure. Activities >1,000 feet in total length must have a written waiver from USACE. c. >1 cubic yard of fill per linear foot average along the bank waterward of the plane of OHW or HTL. d. Located in non-tidal wetlands, saltmarsh, vegetated shallows. 2. Activities with permanent loss of tidal or non-tidal waters that is (a) ≥5,000 SF or (b) ≥1,000 SF in mudflats and natural rocky habitat. 3. Activities that are (a) located in the Connecticut River or Merrimack River and/or (b) require installation of steel piles/steel sheet piles that cannot be done in the dry where NOAA ESA-listed species are mapped as present. 4. Activities on USACE properties & USACE-controlled easements. 5. Activities that require grouted riprap and/or poured/unformed concrete. 6. Activities that are not eligible for SV and do not require an IP. Note: The applicant shall comply with GC 24. This includes utilization of bioengineering techniques in lieu of hard armoring to the maximum extent practicable as site conditions allow. MA GPs 19 June 2023 GP 10. AQUATIC HABITAT RESTORATION, ENHANCEMENT, AND ESTABLISHMENT ACTIVITIES (Authorities: §10 and §404) Activities for the restoration, enhancement and establishment of non-tidal and tidal wetlands and riparian areas, including invasive, non-native or nuisance species control; the restoration and enhancement of non-tidal streams and other non-tidal open waters; the relocation of non-tidal waters, including non-tidal streams & associated wetlands for reestablishment of a natural stream morphology and reconnection of the floodplain; the restoration and enhancement of shellfish, finfish and wildlife; and the rehabilitation or enhancement of tidal streams, tidal wetlands and tidal open waters; provided those activities result in net increases in aquatic resource functions and services. See GP 9 for bank and shoreline stabilization. See GP 20 for living shorelines. Not authorized under GP 10 (IP required): Stream channelization activities and artificial reefs. Self-Verification Eligible 1. In tidal and non-tidal waters excluding tidal vegetated shallows, the combined permanent and temporary impacts are ≤5,000 SF. 2. Eelgrass (vegetated shallows) planting and transplanting ≤100 SF in tidal waters. Pre-Construction Notification Required 1. In tidal and non-tidal waters excluding tidal vegetated shallows, the combined permanent and temporary impacts are >5,000 SF. 2. Eelgrass (vegetated shallows) planting and transplanting >100 SF in tidal waters. 3. Permanent water impoundments, dam removal, fish ladders, or tide gates. 4. Stream relocation, impoundment, or loss of streambed occurs. 5. Runneling projects with the purpose of restoring saltmarsh by removing excess water that ponds on the saltmarsh surface. 6. The conversion of: (a) a stream or natural wetlands to another aquatic habitat type (e.g., stream to wetland or vice versa, wetland to pond, etc.) or uplands, (b) one wetland type to another (e.g., forested wetland to an emergent wetland). 7. Activities in the Connecticut River from the Turners Falls Dam to the MA/CT border, or Merrimack River from the Essex Dam to the mouth, involving permanent or temporary impacts unless they are performed <5 feet waterward from OHW or HTL and in the dry. This is to protect endangered species. 8. Activities on USACE properties & USACE-controlled easements. 9. Activities that are not eligible for SV and do not require an IP. Notes: 1. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. 2. See RGL 18-01 for guidance on removal of obsolete dams and other structures from rivers and streams. https://www.usace.army.mil/missions/civil-works/regulatory-program-and-permits/guidance-letters/ 3. An ecological reference site may be used for a design basis of the restoration activity. The reference site should possess characteristics of an intact aquatic habitat or riparian area that exists in the region. The reference site shall represent the target habitat type of the proposed activity. A reference site may be required at the discretion of USACE. MA GPs 20 June 2023 GP 11. FISH AND WILDLIFE HARVESTING AND ATTRACTION DEVICES AND ACTIVITIES (Authorities: §10 and §404) Fish and wildlife harvesting and attraction devices and activities in waters of the U.S. such as pound nets, crab traps, crab and shellfish dredging, eel pots, lobster traps, duck blinds, clam and oyster digging, fish aggregating devices, and small fish attraction devices such as open-water fish concentrators (sea kites, etc.). Not authorized under GP 11 (IP required): Artificial reefs; or new, or expansions of, impoundments and semi-impoundments of waters of the U.S. for the culture or holding of motile species such as lobster with an impounded area >½ acre. Self-Verification Eligible 1. In non-tidal waters, the combined permanent and temporary impacts are (a) ≤1/2 acre, and (b) not located in riffle and pool complexes and non-tidal vegetated shallows. 2. Fish and wildlife harvesting and attraction devices and activities that do not require a PCN or IP. Pre-Construction Notification Required 1. Pound nets, impoundments or semi-impoundments of waters of the U.S. for the culture or holding of motile species such as lobster with an impounded area ≤½ acre, fish aggregating devices, or small fish attraction devices. 2. Devices and activities that are located in tidal vegetated shallows, mud flats, or saltmarsh. 3. Devices and activities that do not require an IP. Note: An SVN submittal to USACE is not required for work authorized under GP 11. MA GPs 21 June 2023 GP 12. RESPONSE OPERATIONS, OIL AND HAZARDOUS SUBSTANCES (Authorities: §10 & §404) (a) Activities conducted in response to a discharge or release of oil and hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR 300) including containment, cleanup, and mitigation efforts, provided that the activities are done under either: (i) The Spill Prevention, Control and Countermeasure Plan required by 40 CFR 112.3; (ii) The direction or oversight of the Federal on-scene coordinator designated by 40 CFR 300; or (iii) Any approved existing State, regional or local contingency plan provided that the Regional Response Team concurs with the proposed response efforts or does not object to the response effort; (b) Activities required for the cleanup of oil releases in waters of the U.S. from electrical equipment that are governed by EPA’s polychlorinated biphenyl (PCB) spill response regulations at 40 CFR 761; (c) Booms placed in navigable waters of the U.S. for oil and hazardous substance containment, absorption and prevention; and (d) The use of structures and fills for spill response training exercises. Wetlands, vegetated shallows, mudflats, and riffle and pool complexes should be restored in place at the same elevation. Self-Verification Eligible 1. Activities are conducted in accordance with (a) or (b) above that are not planned or scheduled, but an emergency response (see Note 1). 2. Booms placed in navigable waters of the U.S. for oil and hazardous substance containment, absorption and prevention. 3. Temporary impacts for spill response training exercises ≤5000 SF in non-tidal waters and ≤1000 SF in tidal waters with no impacts to wetlands, saltmarsh, mudflats, or vegetated shallows. 4. Temporary structures in tidal waters with no impacts to wetlands, saltmarsh, mudflats, vegetated shallows, or riffle and pool complexes and in place ≤30 days. Pre-Construction Notification Required 1. Activities (a) or (b) above are planned or scheduled, not an emergency response; or 2. Activities that are not eligible for SV and do not require an IP. Notes: 1. For emergency response activities in the Connecticut River from the Turners Falls Dam to the MA/CT border, Merrimack River from the Essex Dam to the mouth, and remaining tidal waters that are not rivers, the permittee must contact the USACE at (978) 318-8338 before or as soon as possible after the work authorized under GP 12(a) - (c) commences for the USACE to address effects under the Endangered Species Act. 2. An SVN submittal to USACE is not required for booms used for spill prevention, or properly contained and cleaned de minimus oil or hazardous substance discharges into navigable waters of the U.S. MA GPs 22 June 2023 GP 13. CLEANUP OF HAZARDOUS AND TOXIC WASTE (Authorities: §10 and §404) Specific activities required to affect the containment, stabilization, or removal of hazardous or toxic waste materials, including court ordered remedial action plans or related settlements, which are performed, ordered or sponsored by a government agency with established legal or regulatory authority. Not authorized under GP 13: (a) Establishment of new disposal sites; or (b) Expansion of existing sites used for the disposal of hazardous or toxic waste. Self-Verification Eligible 1. In non-tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, and (b) not located in vegetated shallows and riffle and pool complexes. Pre-Construction Notification Required 1. In non-tidal waters, the combined permanent and temporary impacts are (a) >5,000 SF, and (b) located in vegetated shallows and riffle and pool complexes. 2. Permanent and temporary impacts in tidal waters or navigable waters of the U.S. 3. Stream channelization, relocation, impoundment, or loss of streambed occurs. 4. Activities that are not eligible for SV and do not require an IP. Notes: 1. Wetlands, vegetated shallows, mudflats, and riffle and pool complexes should be restored in place at the same elevation to the maximum extent practicable. 2. Activities undertaken entirely on a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site by authority of CERCLA, are not required to obtain permits under Section 404 of the CWA or Section 10 of the Rivers and Harbors Act. MA GPs 23 June 2023 GP 14. SCIENTIFIC MEASUREMENT DEVICES (Authorities: §10 and §404) Scientific measurement devices for measuring and recording scientific data, such as staff gauges, tide and current gauges, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and similar structures. Also eligible are small weirs and flumes constructed primarily to record water elevation, flow and/or velocity. Upon completion of the use of the device to measure and record scientific data, the measuring device and any other structures or fills associated with that device (e.g., foundations, anchors, buoys, lines, etc.) must be removed to the maximum extent practicable and the site restored to preconstruction elevations. Not authorized under GP 14 (IP required): (a) Permanent impacts that are >5,000 SF in tidal and non- tidal waters of the U.S.; >1000 SF in tidal saltmarsh, mud flats, riffle and pool complexes; or >100 SF in tidal vegetated shallows; or (b) Temporary impacts in tidal waters that are >1 acre, unless the District Engineer waives this criterion by making a written determination concluding that the discharge of dredged or fill material will result in no more than minimal adverse environmental effects; >5000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1000 SF in vegetated shallows. Self-Verification Eligible 1. In non-tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, (b) not located in riffle and pool complexes and non-tidal vegetated shallows. 2. In tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, (b) ≤1,000 SF in mudflats and/or natural rocky habitat, (c) not located in saltmarsh and tidal vegetated shallows. 3. Temporary, non-biological sampling devices in waters that do not restrict or concentrate movement of aquatic organisms and will not adversely affect the course, condition, or capacity of a waterway for navigation. 4. Scientific measurement devices, and small weirs and flumes constructed primarily to record water quantity and velocity provided the discharge of fill is limited to 25 cubic yards. These cannot obstruct or restrict the waterway course, condition, capacity, and location. 5. Temporary measuring devices and associated structures (e.g., anchors, buoys, etc.) in tidal and non- tidal waters that do not require a PCN or IP. Pre-Construction Notification Required 1. Biological sampling devices, weirs or flumes, or the activity restricts or concentrates movement of aquatic organisms. 2. Permanent towers located in navigable waters that record and measure scientific data. 3. Devices that are not eligible for SV and do not require an IP. Note: An SVN submittal to USACE is not required for temporary measuring devices with a footprint of <10 SF, with a profile of <3 feet high measured from the substrate and located in water deeper than -10 feet MLW. MA GPs 24 June 2023 GP 15. SURVEY ACTIVITIES (Authorities: §10 and §404) Survey activities such as soil borings, core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory-type bore holes, exploratory trenching, soil surveys, sampling, sample plots or transects for wetland delineations, and historic resources surveys. Not authorized under GP 15 (IP required): (a) Permanent impacts that are >1 acre in tidal and non- tidal waters; >1000 SF in tidal saltmarsh, mud flats, or riffle and pool complexes; or >100 SF in tidal vegetated shallows; or (b) Temporary impacts in tidal waters that are >1 acre, unless the District Engineer waives this criterion by making a written determination concluding that the discharge of dredged or fill material will result in no more than minimal adverse environmental effects; >5000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1000 SF in vegetated shallows. Self-Verification Eligible 1. In non-tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, (b) not located in riffle and pool complexes and non- tidal vegetated shallows. 2. In tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, (b) ≤1,000 SF in mudflats and/or natural rocky habitat, (c) not located in saltmarsh and tidal vegetated shallows. Pre-Construction Notification Required 1. Exploratory trenching (see Note 2) occurs in waterways (e.g., streams, tidal waters). 2. Activities associated with the recovery of historic resources, and the drilling and discharge of excavated material from test wells for oil and gas exploration. 3. Seismic exploratory operations occur in tidal waters, the Connecticut River from the Turners Falls Dam to the MA/CT border, or the Merrimack River from the Essex Dam to the mouth. This is to protect endangered species. 4. Activities that are not eligible for SV and do not require an IP. Notes: 1. An SVN submittal is not required for wetland delineations, and core sampling conducted for preliminary evaluation of dredge project analysis. 2. For the purposes of GP 15, the term “exploratory trenching” means mechanical land or underwater clearing of the upper soil profile to expose bedrock or substrate for the purpose of mapping or sampling the exposed material. 3. The discharge of drilling mud and cuttings may require a permit under §402 of the CWA. MA GPs 25 June 2023 GP 16. LAND AND WATER-BASED RENEWABLE ENERGY GENERATION FACILITIES (Authorities: §10 and §404), AND HYDROPOWER PROJECTS (Authority: §10 and §404) Structures and work in tidal waters and discharges of dredged or fill material into tidal and non-tidal waters for the construction, expansion, modification or removal of: (a) Land-based renewable energy production facilities (e.g., solar, wind, biomass, geothermal) and their attendant features; (b) Water- based wind or hydrokinetic renewable energy generation projects and their attendant features; and (c) Discharges of dredged or fill material associated with hydropower projects. Attendant features may include, but are not limited to, land-based collection and distribution facilities, control facilities, and parking lots. For each single and complete project in (b) above, no more than 10 generation units (e.g., wind turbines or hydrokinetic devices) are authorized in navigable waters of the U.S. Upon completion of the pilot project (see note 2), the generation units, transmission lines, and other structures or fills associated with the pilot project must be removed to the maximum extent practicable. Not authorized under GP 16 (IP required): (a) Permanent impacts that are >1 acre in non-tidal waters, >½ acre in tidal waters; >1000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF in vegetated shallows; or (b) Temporary impacts in tidal waters that are >1 acre; >5000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1000 SF in vegetated shallows. Self-Verification Eligible In non-tidal waters, the combined permanent and temporary impacts for land-based activities are (a) ≤5,000 SF, (b) not located in riffle and pool complexes and non-tidal vegetated shallows. Pre-Construction Notification Required 1. In non-tidal waters, the combined permanent and temporary impacts for land-based activities are (a) >5000 SF, or (b) located in vegetated shallows or riffle and pool complexes. 2. Permanent and temporary impacts in tidal waters. 3. Water-based wind or hydrokinetic renewable energy generation projects, and hydropower projects. 4. For all activities eligible for authorization under GP 16: a. The activity occurs in tidal waters or in, over or under navigable waters. b. Stream channelization, relocation, impoundment, or loss of streambed occurs. 5. Activities that are not eligible for SV and do not require an IP. Notes: 1. Utility lines constructed to transfer the energy from the land-based renewable generation or collection facility to a distribution system, regional grid, or other facility may be authorized by GP 6. 2. For the purposes of this GP, the term “pilot project” means an experimental project where the renewable energy generation units will be monitored to collect information on their performance and environmental effects at the project site. MA GPs 26 June 2023 GP 17. RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS AND RECREATIONAL FACILITIES (AUTHORITIES: §404) Discharges of dredged or fill material into non-tidal waters for the construction or expansion of: (a) Residences and residential subdivisions; (b) Residential, commercial and institutional building foundations and building pads; and (c) Recreational facilities such as playgrounds, playing fields, bikeways, trails, etc. This GP also authorizes attendant features that include, but are not limited to, roads, parking lots, garages, yards, and utility lines, and stormwater management facilities. This GP authorizes attendant features if they are necessary for the use of the project purpose. Not authorized under GP 17 (IP required): (a) Permanent impacts that result in loss of non-tidal waters >1/2 acre; >1000 SF in riffle and pool complexes or vegetated shallows; or (b) Subsurface sewerage disposal systems in non-tidal waters. Self-Verification Eligible 1. In non-tidal waters, the combined permanent and temporary impacts are (a) <5,000 SF, and (b) not located in riffle and pool complexes and non-tidal vegetated shallows. 2. Stream channelization or relocation resulting in loss of streambed that is <200 LF. Pre-Construction Notification Required 1. In non-tidal waters, the combined permanent and temporary impacts are (a) ≥5,000 SF, or (b) located in riffle and pool complexes or non-tidal vegetated shallows. 2. Stream and wetland crossings that require a PCN per GCs 20 TOY Restrictions and GC 31 Stream Work and Crossings & Wetland Crossings. 3. Stream channelization or relocation resulting in loss of streambed that is ≥200 LF. Stream impoundment activities of any kind. 4. Activities on USACE properties & USACE- controlled easements. 5. Activities that are not SV eligible and do not require an IP. Notes: 1. Stream and wetland crossings (permanent and temporary), including those built with construction mats; and modifications (including sliplining), replacements or extensions to existing crossings. 2. See GC 22 for information on temporary construction mats. 3. Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States authorized by this GP cannot exceed 1/2-acre. This includes any loss of waters of the United States associated with development of individual subdivision lots. MA GPs 27 June 2023 GP 18. AQUACULTURE (Authorities: §10 and §404) (a) The installation of buoys, floats, racks, trays, nets, lines, tubes, containers, and other structures into navigable waters of the U.S.; (b) Discharges of dredged or fill material into tidal and non-tidal waters necessary for shellfish seeding, rearing, cultivating, transplanting, and harvesting activities; and (c) Shellfish seeding or brushing the flats projects. Any fill material imported to the project from offsite (this is limited to mineral growth medium used in culture trays) shall be clean and of comparable grain size to the native substrate. Activities authorized under this GP must have (a) their MA DMF Aquaculture Certificate letter for licensed shellfish aquaculture sites, (b) documentation that the applicant has coordinated with the U.S. Coast Guard regarding USCG Private Aids to Navigation standards, (c) their MEPA Certificate (if required), and (d) documentation that the applicant has contacted their local authorities (ex. harbormaster, select board, shellfish constable) for authorization of their facility. Not authorized under GP 18 (IP required): (a) New, or expansions of, impoundments and semi- impoundments of tidal and non-tidal waters for the culture or holding of motile species such as lobster with an impounded area >½ acre; (b) Cultivation of a nonindigenous species (see Note 1) unless that species has been previously cultivated in the waterbody; (c) Cultivation of an aquatic nuisance species (see Note 1); (d) Attendant features such as docks, piers, boat ramps (see GP 4); (e) stockpiles, staging areas, or the deposition of shell material back into tidal and non-tidal waters as waste. Self-Verification Eligible 1. In tidal waters, a new lease site area is (a) ≤2- acre, (b) not located in salt marsh, natural rocky habitat, or tidal vegetated shallows. 2. In tidal waters, expansions of existing lease sites not to exceed 2 acres for the entire site (e.g. 1 acre lease site increasing to a 2 acre lease site may qualify as SV). A PCN is required for expansions in salt marsh, natural rocky habitat, and tidal vegetated shallows. 3. Cages, racks that are elevated ≥2 feet above the ocean floor with legs within a lease site with ≤4 buoys marking the corners. 4. Floating cage strings with a single connecting line, ≤2 anchors and ≤2 end marker buoys per string within a lease site with ≤4 buoys marking the corners. 5. No activities located within 25 feet of tidal vegetated shallows. 6. Culture only indigenous species. 7. Not located in FNP or within a distance of three times the authorized depth of an FNP (see GC 15). 8. Not located in or impinge upon the value of any National Lands or Federal Properties. 9. Floating upweller docks that total ≤600 SF in area. Pre-Construction Notification Required 1. Discharges of fill material associated with aquaculture >5,000 SF. 2. Research, educational, commercial-viability or experimental aquaculture gear activities >1,000 SF. 3. Kelp or finfish aquaculture. 4. Land-based hatchery intakes >3 inches in diameter. 5. Activities in water depths >10 feet mean low lower water (MLLW). 6. Activities with in-water lines, ropes or chains that are not SV eligible (see #3-4). 7. Activities occur in the Connecticut River from the Turners Falls Dam to the MA/CT border or the Merrimack River from the Essex Dam to the mouth. This is to protect endangered species. 8. New, or expansions of, impoundments and semi- impoundments for the culture or holding of motile species such as lobster with an impounded area ≤1/2 acre. 9. Activities that do not require an IP. Activities that do not require a PCN or an IP may be SV eligible. Note: The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 defines: (a) nonindigenous species as “any species or other viable biological material that enters an ecosystem beyond its historic range, including any such organism transferred from one country into another”; and (b) aquatic nuisance species as “a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural, or recreational activities dependent on such waters.” MA GPs 28 June 2023 GP 19. MINING ACTIVITIES (Authorities: §10 and §404) Discharges of dredged or fill material into non-tidal waters for mining activities, except for coal mining and metallic mineral mining activities. Not authorized under GP 19 (IP required): (a) Permanent impacts >1 acre in non-tidal waters; or (b) Activities in tidal waters. Self-Verification Eligible In non-tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, and (b) not located in riffle and pool complexes, non-tidal vegetated shallows, and streams. Pre-Construction Notification Required 1. In non-tidal waters, the combined permanent and temporary impacts are (a) >5,000 SF, or (b) located in riffle and pool complexes, non-tidal vegetated shallows, and streams. 2. The activity occurs in non-tidal navigable waters of the U.S. 3. Stream channelization, relocation, impoundment, loss of streambed, or discharge of tailings into streams occurs. 4. Work on USACE properties & USACE-controlled easements. 5. Activities that are not eligible for SV and do not require an IP. MA GPs 29 June 2023 GP 20. LIVING SHORELINES 1 (Authorities: §10 and §404) Construction and maintenance of living shorelines to stabilize banks and shores in tidal waters. In non- tidal waters that are not subject to the ebb and flow of the tide, nature-based bank stabilization techniques such as bioengineering and vegetative stabilization may be authorized by GP 9. This GP authorizes those maintenance and repair activities in-kind that are necessary to address changing environmental conditions. The following terms must be met for both SVs and PCNs as applicable: (a) Coir logs, coir mats, stone, native oyster shell, native wood debris, and other structural materials must be adequately anchored, of sufficient weight, or installed in a manner that prevents relocation in most wave action or water flow conditions, except for extremely severe storms; (b) For living shorelines consisting of tidal fringe wetlands, native plants appropriate for current site conditions, including salinity and elevation, must be used if the site is planted by the permittee; (c) Discharges of dredged or fill material into waters of the U.S., and oyster or mussel reef structures in navigable waters, must be the minimum necessary for the establishment and maintenance of the living shoreline; (d) If sills or other structural materials per PCN #4 must be constructed to protect fringe wetlands for the living shoreline, those structures must be the minimum size necessary to protect those fringe wetlands; (e) The activity must be designed, constructed, and maintained so that it has no more than minimal adverse effects on water and sediment movement between the waterbody and the shore and the movement of aquatic organisms between the waterbody and the shore; and (f) The living shoreline must be properly maintained and monitored, which may require periodic repair of sills, bioengineered components, or replacing sand fills after severe storms or erosion events. Vegetation may be replanted to maintain the living shoreline. Not authorized under GP 20 (IP required): (a) The activity is ≥1000 feet in length along the bank (≥2000 LF both banks) unless waived by the District Engineer; or (b) The activity is >30 feet channel ward of mean low water in tidal waters; or (c) Upland reclamation activities; or (d) Stream channelization or relocation activities; or (e) Breakwaters, groins, jetties, or artificial reefs; or (f) Permanent impacts >1,000 SF in existing saltmarsh; >100 SF in existing tidal vegetated shallows. Self-Verification Eligible 1. Tidal and non-tidal living shorelines ≤100 LF for each bank (≤200 LF for both banks). 2. Combined permanent and temporary impacts ≤5,000 SF in tidal waters, excluding existing salt marsh, tidal vegetated shallows, natural rocky habitat, and mudflats. Pre-Construction Notification Required 1. Tidal and non-tidal living shorelines >100 LF to <1000 LF (>200 LF to <2000 LF for both banks). 2. Permanent and temporary impacts in existing salt marsh, tidal vegetated shallows, or mudflats. 3. Work on USACE properties & USACE-controlled easements. 4. Use of stone sills, native oyster shell, native wood debris, or other structural materials. Notes: 1. PCNs require monitoring for a minimum of 5 years in accordance with an approved restoration plan, unless otherwise determined by the USACE. The first year of monitoring will be the first year that the site has been through a full growing period after completion of construction and planting. 2. Applicants are encouraged to obtain a MEPA certificate prior to submitting a USACE permit application. 1 A living shoreline has a footprint that is made up mostly of native material. It incorporates vegetation or other living, natural “soft” elements alone or in combination with some type of harder shoreline structure (e.g., oyster or mussel reefs or rock sills) for added protection and stability. Living shorelines should maintain the natural continuity of the land-water interface and retain or enhance shoreline ecological processes. Living shorelines must have a substantial biological component, either tidal or lacustrine fringe wetlands or oyster or mussel reef structures. MA GPs 30 June 2023 GP 21. AGRICULTURAL ACTIVITIES (Authority: §404) Discharges of dredged or fill material in non-tidal waters for agricultural activities, including the construction of building pads for farm buildings. Authorized activities include: (a) installation, placement, or construction of drainage tiles, ditches, or levees; mechanized land clearing; land leveling; the relocation of existing serviceable drainage ditches; and similar activities; (b) construction of farm ponds, excluding perennial streams, provided the farm pond is used solely for agricultural purposes; and (c) discharges of dredged or fill material to relocate existing serviceable drainage ditches constructed in non-tidal streams. Not authorized under GP 21 (IP required): (a) Permanent impacts that are >1 acre in non-tidal waters; or >1000 SF in riffle and pool complexes, or non-tidal vegetated shallows; (b) Work in tidal waters; or (c) Construction of farm ponds in perennial streams. Self-Verification Eligible In non-tidal waters, the combined permanent and temporary impacts are (a) ≤5,000 SF, and (b) not located in riffle and pool complexes and non-tidal vegetated shallows. Pre-Construction Notification Required 1. In non-tidal waters, the combined permanent and temporary impacts are (a) >5,000 SF, or (b) located in riffle and pool complexes and non-tidal vegetated shallows. 2. Activities occur in non-tidal navigable waters of the U.S. 3. Stream channelization, relocation, impoundment, loss of streambed, or farm ponds in non-perennial streams occurs. 4. Activities that are not eligible for SV and do not require an IP. Note: Some discharges for agricultural activities may qualify for an exemption under Section 404(f) of the CWA (see 33 CFR 323.4). This GP authorizes the construction of farm ponds that do not qualify for the CWA §404(f)(1)(C) exemption because of the recapture provision at §404(f)(2). MA GPs 31 June 2023 GP 22. RESHAPING EXISTING DRAINAGE DITCHES, CONSTRUCTION OF NEW DITCHES, AND MOSQUITO MANAGEMENT (Authorities: §10 and §404) Discharges to modify the cross-sectional configuration of currently serviceable drainage ditches constructed in tidal and non-tidal waters, for the purpose of improving water quality by regrading the drainage ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, and increase uptake of nutrients and other substances by vegetation. Also authorized are mosquito reduction activities. Not authorized under GP 22 (IP required): Stream channelization, relocation, impoundments, or loss of streambed. Self-Verification Eligible ≤500 linear feet of drainage ditch will be reshaped provided excavated material is deposited in an upland area. Pre-Construction Notification Required 1. >500 linear feet of drainage ditch will be reshaped, excavated material is deposited in a water of the U.S., or the reshaping of the ditch increases the drainage capacity beyond the original as- built capacity or expands the area drained by the ditch as originally constructed (i.e., the capacity of the ditch is not the same as originally constructed or drains additional wetlands or other waters of the U.S.). 2. Permanent and temporary impacts in tidal vegetated shallows. 3. New ditches or relocation of drainage ditches constructed in waters of the U.S. (i.e., the location of the centerline of the reshaped drainage ditch is not approximately the same as the location of the centerline of the original drainage ditch). 4. Activities that are not eligible for SV and do not require an IP. Note: Some ditch activities are exempt under Section 404(f) of the CWA (see 33 CFR 323.4). MA GPs 32 June 2023 GP 23. LINEAR TRANSPORTATION PROJECTS AND WETLAND/STREAM CROSSINGS (Authorities: §10 & §404) Activities 1 required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., driveways, roads, highways, railways, trails, airport runways, and taxiways) and attendant features. This GP also authorizes temporary structures, fills, and work, including the use of temporary mats (see Note 1), necessary to construct the linear transportation project. Not authorized under GP 23 (IP required): (a) Permanent impacts for any single and complete project that are >1 acre in non-tidal waters; >½ acre in tidal waters; >1000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF in tidal vegetated shallows; (b) Temporary impacts in tidal waters that are >1 acre; >5000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1000 SF in vegetated shallows; (c) Non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars (see GP 17); or (d) New tide gates. Self-Verification Eligible 1. In non-tidal waters, the combined permanent and temporary impacts are a) ≤5,000 SF; b) not located in riffle and pool complexes and non- tidal vegetated shallows; and c) meet the Massachusetts River and Stream Crossing Standards 2. Existing crossings (e.g., culverts, elliptical or arch pipes, etc.) are not modified by (a) decreasing the diameter of the crossing or (b) changing the friction coefficient, such as through slip lining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining. 3. Stream channelization or relocation resulting in loss of streambed that is <200 LF. Pre-Construction Notification Required 1. In non-tidal waters, the combined permanent and temporary impacts are a) >5,000 SF; b) located in vegetated shallows or riffle and pool complexes; or c) do not meet the Massachusetts River and Stream Crossing Standards (see note 4). 2. The activity occurs in tidal waters, salt marsh, or in, over or under navigable waters of the U.S. 3. Stream and wetland crossings that require a PCN per GC 20 TOY Restrictions and GC 31 Stream Work and Crossings & Wetland Crossings. 4. Stream channelization or relocation resulting in loss of streambed that is ≥200 LF. Stream impoundment activities of any kind. 5. Work on USACE properties & USACE-controlled easements. 6. Activities that are not eligible for SV and do not require an IP. Notes: 1. See GC 22 for information on temporary construction mats. 2. Discharges of dredged or fill material incidental to the construction of bridges across navigable waters of the U.S. may be authorized under GP 8. 3. Loss of streambed does not require a PCN when bridge piers or similar supports are used. 4. In their PCN application submission to the USACE, applicants must explain why they are unable to meet the Massachusetts River and Stream Crossing Standards. 5. For tidal crossings, modeling is encouraged as a method to verify the proposed crossing would not be undersized and resilient to the effects of sea level rise. 1 Stream crossings must conform with the MA Stream Crossing Guidelines when practicable and comply with all applicable GCs of this document (Section IV). MA GPs 33 June 2023 GP 24. TEMPORARY CONSTRUCTION, ACCESS, AND DEWATERING (Authorities: §10 and §404) Temporary structures, work, and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites that are not authorized under another GP activity. Not authorized under GP 24 (IP required): (a) Permanent structures or impacts; (b) Temporary impacts in tidal waters that are >1 acre; >5000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1000 SF in vegetated shallows; (c) Use of cofferdams to dewater wetlands or other aquatic areas to change their use; (d) Temporary stream crossings (see GPs 6, 17, 23); (e) Structures or fill left in place after construction is completed. Self-Verification Eligible 1. In non-tidal waters, temporary impacts are a) ≤5,000 SF; b) not located in riffle and pool complexes and non-tidal vegetated shallows. 2. In tidal waters, temporary impacts are a) ≤5,000 SF, b) ≤1,000 SF in mudflats and/or natural rocky habitat, and c) not located in saltmarsh and tidal vegetated shallows. 3. Structures in navigable waters of the U.S. provided impacts do not require a PCN and they are left in place ≤30 days. Pre-Construction Notification Required 1. In non-tidal waters, temporary impacts are a) >5,000 SF; b) located in riffle and pool complexes or non-tidal vegetated shallows. 2. In tidal waters, temporary impacts are a) >5,000 SF; b) >1,000 SF in mudflats and/or natural rocky habitat, or (c) located in saltmarsh and tidal vegetated shallows. 3. Activities in the Connecticut River from the Turners Falls Dam to the MA/CT border, or Merrimack River from the Essex Dam to the mouth, involving temporary impacts unless they are performed <5 feet waterward from OHW or HTL and in the dry. This is to protect endangered species; or 4. Activities not eligible for SV and do not require an IP. Notes: 1. Turbidity or sediment resuspension is generally not considered to occur when properly using management techniques to work in dry conditions. See GC 25. 2. Total impact areas under SV Eligible 1-2 exclude use of temporary construction mats. See GC 22 for information on temporary construction mats. 3. An SVN submittal to USACE is not required for SV #3 above. MA GPs 34 June 2023 GP 25. EMERGENCY SITUATIONS (Authorities: §10 and §404) Structures or work in or affecting navigable waters of the U.S. and the discharge of dredged or fill material into waters of the U.S., including wetlands, necessary for repair or protection measures associated with an emergency situation 1, MassDEP Emergency Declaration/Certification, or FEMA Declared Disaster. The activity shall be the minimum necessary to alleviate the immediate emergency unless that additional work would result in no more than minimal effects to aquatic environment and is necessary to reduce the potential for future failure or loss of the structure or site. Typical activities authorized under this GP include, but are not limited to, restoration of damaged areas; bank stabilization; temporary fills for staging, access, and dewatering; and, repair, replacement, or rehabilitation of existing structures and/or fills (i.e., roads, bridges, utility pipelines and flood control structures, including attendant features, and other existing structures located in waters of the U.S.). For the restoration of areas damaged by storms floods, or other discrete events: (a) The restored area must not extend waterward of the ordinary high-water mark or high tide line that existed prior to the damage. (b) The slope of the restored area below the ordinary high-water mark or high tide line must not exceed the slope that existed prior to the damage. (c) The bottom elevation of the restored area must not exceed the bottom elevation that existed prior to the damage (i.e., the restored area must not result in a reduction in the depth of the waterbody that existed prior to the damage). (d) Except in cases of FEMA reimbursement, the activity must be initiated, under contract to commence, or funds shall be allocated for the activity within 30 days of authorization under GP 25. Not authorized under GP 25 (IP required): (a) Permanent impacts for a single and complete project >1/2 acre in tidal waters, unless the district engineer waives this criterion by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects; >1,000 SF in saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF in tidal vegetated shallows; (b) Temporary impacts in tidal waters that are >5,000 SF in saltmarsh, mud flats, or riffle and pool complexes; or >1,000 SF in vegetated shallows; (c) New structures or fills that did not previously exist before the storm event or other discrete event (see other GPs). Self-Verification Eligible 1. Activities that qualify under a Severe Weather Emergency Declaration pursuant to 310 CMR 10.06(8) and/or receive an Emergency Certification pursuant to 310 CMR 10.06 and/or meet the requirements of 314 CMR 9.12(2) or (3); and 2. Activities eligible under a FEMA Declared Disaster that also comply with #1 above. Pre-Construction Notification Required 1. Activities that are eligible under a FEMA Declared Disaster and do not qualify under SV #1. 2. Minor deviations in the structure or fill area, including those to existing structures or fills are authorized due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to alleviate the emergency. 3. Activities that are not eligible for SV and do not require an IP. Notes: 1. Review the GCs (Section IV) to confirm if a PCN is not required elsewhere in this document. 2. If the activity is not a MassDEP Emergency Declaration/Certification, does not meet the requirements of 314 CMR 9.12(2) or (3), or is not a FEMA Declared Disaster, applicants must explain in writing why their activity qualifies as an emergency (see footnote) to be eligible under GP 25. 3. SV eligible activities qualify under the general 401 WQC MassDEP issued for the 2023 MA GPs (GC 9). 1 An emergency, as determined by this office and 33 CFR 325.2(e)(4), is one which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a Department of the Army permit is not undertaken within a time period less than the normal time to process the request under standard processing procedures. MA GPs 35 June 2023 SECTION IV. GENERAL CONDITIONS: To qualify for GP authorization, the applicant must comply with the following general conditions, as applicable, in addition to authorization-specific conditions imposed by the division or district engineer. 1. Other Permits 2. Federal Jurisdictional Boundaries 3. Single and Complete Projects 4. Use of Multiple General Permits 5. Suitable Material 6. Tribal Rights & Burial Sites 7. Avoidance, Minimization, and Compensatory Mitigation 8. Water Quality & Stormwater Management 9. Coastal Zone Management 10. Federal Threatened and Endangered Species 11. Essential Fish Habitat 12. National Lands 13. Wild and Scenic Rivers 14. Historic Properties 15. USACE Property and Federal Projects (§408) 16. Navigation 17. Permit/Authorization Letter On-Site 18. Storage of Seasonal Structures 19. Pile Driving and Pile Removal in Navigable Waters 20. Time of Year Restrictions 21. Heavy Equipment in Wetlands 22. Temporary Fill & Construction Mats 23. Restoration of Wetland Areas 24. Bank Stabilization 25. Soil Erosion and Sediment Controls 26. Aquatic Life Movements and Management of Water Flows 27. Spawning, Breeding, and Migratory Areas 28. Vernal Pools 29. Invasive Species 30. Fills Within 100-Year Floodplains 31. Stream Work and Crossings & Wetland Crossings 32. Utility Line Installation and Removal 33. Water Supply Intakes 34. Coral Reefs 35. Blasting 36. Inspections 37. Maintenance 38. Property Rights 39. Transfer of GP Verifications 40. Modification, Suspension, and Revocation 41. Special Conditions 42. False or Incomplete Information 43. Abandonment 44. Enforcement Cases 45. Previously Authorized Activities 46. Duration of Authorization MA GPs 36 June 2023 1. Other Permits. Authorization under these GPs does not obviate the need for the permittee to obtain other Federal, State, or local permits, approvals, or authorizations required by law. Permittees are responsible for obtaining all required permits, approvals, or authorizations. Activities that are not regulated by the State, but subject to USACE jurisdiction, may still be eligible for these GPs. 2. Federal Jurisdictional Boundaries. a. Applicability of these GPs shall be evaluated with reference to Federal jurisdictional boundaries. Activities shall be evaluated with reference to “waters of the U.S.” under the CWA (33 CFR 328) and “navigable waters of the U.S.” under §10 of the Rivers and Harbors Act of 1899 (33 CFR 329). Permittees are responsible for ensuring that the boundaries used satisfy the Federal criteria defined at 33 CFR 328-329. These sections prescribe the policy, practice, and procedures to be used in determining the extent of the USACE jurisdiction. Note: Waters of the U.S. includes all waters pursuant to 33 CFR 328.3(a), and adjacent wetlands as the term is defined in 33 CFR 328.3(c). b. Wetlands shall be delineated in accordance with the USACE Wetlands Delineation Manual and the most recent Northcentral/Northeast Regional Supplement. Wetland delineation and jurisdiction information is located at: www.nae.usace.army.mil/missions/regulatory/jurisdiction-and-wetlands and maps are located at www.nae.usace.army.mil/missions/regulatory/state-general- permits/massachusetts-general-permit. c. Vegetated shallows shall be delineated when present on the project site. Vegetated shallow survey guidance and maps are located at: www.nae.usace.army.mil/missions/regulatory/state- general-permits/massachusetts-general-permit. d. Natural rocky habitats shall be delineated when present on the project site. The definition of natural rocky habitats is in Section VII of the MA GP. Natural rocky habitat survey guidance and maps are located at: www.nae.usace.army.mil/ missions/regulatory/state-general- permits/massachusetts-general-permit. 3. Single and Complete Projects. The MA GP shall not be used for piecemeal work and shall be applied to single and complete projects. The term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. a. For non-linear projects, a single and complete project must have independent utility. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed, even if the other phases were not built, can be considered as separate single and complete projects with independent utility. b. Unless USACE determines the activity has independent utility, all components of a single project and/or all planned phases of a multi-phased project (e.g., subdivisions should include all work such as roads, utilities, and lot development) shall be evaluated as one single and complete project. c. For linear projects such as power lines or pipelines with multiple crossings, a “single and complete project” is all crossings of a single water of the U.S. (i.e., single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. If any crossing requires a PCN review or an individual permit review, then the entire linear project shall be reviewed as one project under PCN or the individual permit procedures. 4. Use of Multiple General Permits. The use of more than one GP for a single and complete project is prohibited, except when the acreage loss of waters of the U.S. authorized by the GPs does not exceed the acreage limit of the GPs with the highest specified acreage limit. For example, if a road crossing over waters is constructed under GP 23, with an associated utility line MA GPs 37 June 2023 crossing authorized by GP 6, if the maximum acreage loss of waters of the U.S. for the total project is ≥1 acre it shall be evaluated as an IP. 5. Suitable Material & Discharge of Pollutants. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). All activities involving any discharge into waters of the U.S. authorized under these GPs shall be consistent with applicable water quality standards, effluent limitations, standards of performance, prohibitions, and pretreatment standards and management practices established pursuant to the CWA (33 U.S.C. 1251), and applicable state and local laws. If applicable water quality standards, limitations, etc., are revised or modified during the term of this GP, the authorized work shall be modified to conform with these standards within six months from the effective date of such revision or modification, or within a longer period of time deemed reasonable by the District Engineer in consultation with the Regional Administrator of the EPA. Unless monitoring data indicates otherwise, applicants may presume that their activity complies with state water quality standards provided they are in compliance with the Section 401 WQC (Applicable only to the Section 404 activity). 6. Tribal Rights & Burial Sites a. For all SV and PCN applications, prospective permittees shall follow the guidance set forth in Appendix A, Guidance for NHPA Section 106 Compliance in Massachusetts. b. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. c. Many tribal resources are not listed on the National Register of Historic Places (NRHP) and may require identification and evaluation in collaboration with the identifying tribe and by qualified professionals. The Tribal Historic Preservation Officer (THPO) and State Historic Preservation Officer (SHPO) may be able to assist with locating information on: i. Previously identified tribal resources; and ii. Areas with potential for the presence of tribal resources. d. Discovery of Previously Unknown Remains and Artifacts: If any previously unidentified human remains, cultural deposits, or artifacts are discovered while accomplishing the activity authorized by this permit, you must immediately notify the USACE of what you have found, and to the maximum extent practicable, cease work and avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The USACE will initiate the appropriate the Federal, Tribal, and state coordination required to determine if the items or remains are eligible for listing in the NRHP and warrant a recovery effort or can be avoided. e. Burial Sites: Burial sites, marked or unmarked, are subject to state law (Massachusetts Unmarked Burial Law). Native American burial sites on federal or tribal land are subject to the provisions of Native American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or removal of human remains until disposition of the remains has been determined by the appropriate authority under these laws, and the work is authorized by the USACE. Regulated activities which result in an inadvertent discovery of human remains must stop immediately, and the USACE, as well as the appropriate state and tribal authority, must be notified. Regulated work at inadvertent discovery sites requires compliance with state law or NAGPRA, as appropriate, prior to re-starting work. 7. Avoidance, Minimization, and Compensatory Mitigation. To qualify under the MA GP, activities must comply with Section V Mitigation Standards and the following as applicable: a. Avoid and Minimize: Activities must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the U.S. to the maximum extent practicable at the project site. Avoidance and minimization are required to the extent necessary to ensure that the adverse effects to the aquatic environment (both area and function) are no more than minimal. MA GPs 38 June 2023 b. Compensatory mitigation for unavoidable impacts to waters of the U.S., including direct, indirect, secondary, and temporal loss, will generally be required for permanent impacts that exceed the thresholds identified in Section V, and may be required for temporary impacts, to offset unavoidable impacts which remain after all appropriate and practicable avoidance and minimization has been achieved and to ensure that the adverse effects to the aquatic environment are no more than minimal. Proactive restoration projects or temporary impact work with no secondary effects may generally be excluded from this requirement. c. Mitigation proposals shall follow the guidelines found in the Compensatory Mitigation for Losses of Aquatic Resources; Final Rule April 10, 2008; 33 CFR 332. Prospective permittees may purchase mitigation credits in-lieu of permittee-responsible mitigation as compensation for unavoidable impacts to waters of the U.S. in the Commonwealth of Massachusetts. 8. Water Quality & Stormwater Management. The 401 WQC requirement applies to all activities listed under GPs 1-25, unless determined otherwise by MassDEP. Permittees shall also satisfy stormwater management requirements in Massachusetts. a. General 401 WQC: MassDEP issued a WQC on April 21, 2023 which conditionally certifies all activities in GPs 1 – 24 eligible for SV and PCN so long as the activity is described in 314 CMR 9.03, and is not an activity described in 314 CMR 9.04, and so long as the activity meets all other requirements, terms and conditions of the WQC. The MassDEP WQC also conditionally certifies activities described in GP 25 so long as the activity meets all other conditions of the WQC. Emergency projects described in GP 25 must obtain an emergency certification or otherwise be authorized pursuant to 310 CMR 10.06, qualify under a Severe Weather Emergency Declaration pursuant to 310 CMR 10.06(8) issued by the MassDEP, or meet the requirements of 9.12(2) or (3) in order to be certified under the WQC. Prospective permittees may refer to the following link to determine if their activity is eligible: https://www.nae.usace.army.mil/Missions/Regulatory/State- General-Permits/ Massachusetts-General-Permit/. The General 401 WQC is located here, and it provides detailed information regarding what activities are certified and the conditions for certification. Activities listed in 314 CMR 9.03 that are not exempt from the Wetland Protection Act must have a valid Final Order of Conditions (OOC) or Final Restoration Order of Conditions pursuant to 310 CMR 10.00 to be eligible under the General 401 WQC. b. Individual 401 WQC: Prospective permittees shall contact MassDEP and apply for an individual 401 WQC if their activity does not qualify for a General 401 WQC as outlined above. MassDEP may issue, waive, or deny the individual 401 WQC on a case-by-case basis. All activities listed in 314 CMR 9.04 must obtain an individual 401 WQC from MassDEP to be eligible under these GPs. When an Individual 401 WQC is required for PCN activities, the prospective permittee shall submit their Individual 401 WQC application concurrently to MassDEP and USACE to comply with 40 CFR 121. c. The prospective permittee is responsible for determining the appropriate 401 WQC requirement and submitting this information to the USACE at the time of their PCN application or when completing their SVN. Prospective permittees that are unsure of whether their activity has been certified should contact MassDEP for a determination. d. As applicable, all activities shall be compliant with the Massachusetts Stormwater Handbook. The Stormwater Handbook can be accessed on the NAE Regulatory website here: https://www. nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Massachusetts-General-Permit/. e. No work requiring authorization under Section 404 of the CWA may be performed unless (1) the prospective permittee qualifies for coverage under the April 21, 2023 General 401 WQC, (2) the prospective permittee receives an individual Section 401 WQC from the MassDEP, or (3) the MassDEP waives individual Section 401 WQC. 9. Coastal Zone Management. The permittee must obtain CZM consistency concurrence when an activity is located in the coastal zone in order to be eligible under the MA GP. This requirement MA GPs 39 June 2023 shall be satisfied by acquiring one of the following from the Massachusetts Office of Coastal Zone Management (MA CZM): a. General CZM Federal Consistency Concurrence (General Concurrence): MA CZM has granted General Concurrence for all SV and PCN activities for GPs 1-25. The prospective permittee must obtain all applicable permits and approvals before construction of the authorized activity begins (e.g., before work begins on site). For SVs, General Concurrence is automatically granted and no further action is required from the prospective permittee. For PCNs, the USACE will coordinate with MA CZM to acquire General Concurrence as part of the PCN application review. b. Individual CZM Federal Consistency Concurrence (Individual Concurrence): In certain cases, MA CZM may elevate any GP activity 1-25 and require Individual Concurrence. The prospective permittee must contact MA CZM and follow the procedures to obtain Individual Concurrence as determined appropriate by MA CZM. c. Permittees must obtain CZM consistency concurrence as outlined above before commencing work authorized under these GPs. 10. Federal Threatened and Endangered Species a. No activity is authorized under any GP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any GP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.” b. Other Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If a PCN is required for the proposed activity, the Federal permittee must provide USACE with the appropriate documentation to demonstrate compliance with those requirements. The USACE will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. c. USFWS ESA-Listed Species: Non-federal applicants shall use the USFWS website, Information for Planning and Consultation (IPAC), to determine if their activity is located within the ESA-listed species range. The IPAC website can be accessed on the NAE Regulatory website: https://www. nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Massachusetts- General-Permit/. Applicants shall ensure they have an updated, valid species list before construction begins. This may require applicants to update their species list in IPAC before the start of construction. Note: Applicants should refer to the NAE Regulatory Website at the link above to determine if they have been designated as a non-federal representative. Applicants shall complete Section 7 consultation according to the guidance document located on the NAE Regulatory Website. After completing the Rangewide Determination Key and reaching the outcome “may affect, not likely to adversely affect”, you may be required to wait up to 15 days before that outcome is final and compliance under Section 7 of the ESA is fulfilled. i. Self-Verification Criteria: The activity is SV-eligible if: 1) The activity is not located within the ESA-listed species range; 2) Another (lead) Federal agency has completed Section 7 consultation; or 3) The activity is located within the ESA-listed species range and USACE has designated the applicant as a non-federal representative under 50 CFR 402.08 of the ESA for all MA GPs 40 June 2023 species within the project’s action area. As the non-federal representative, the applicant shall complete consultation through IPAC and reach the outcome of “no effect” or “not likely to adversely affect”. ii. Pre-Construction Notification Criteria: The activity requires a PCN if: 1) The activity is located within the ESA-listed species range and USACE has NOT designated the applicant as a non-federal representative under 50 CFR 402.08 of the ESA for all species within the project’s action area; 2) The activity is located in designated or proposed critical habitat; or 3) The activity is located within the ESA-listed species range and completion of the IPAC determination key has resulted in the outcome of “may affect” or “may affect, likely to adversely affect”; or 4) A PCN is required elsewhere in this document. d. NOAA-Listed Species: Non-federal applicants shall refer to the Section 7 Mapper for federally listed species to determine if any species are mapped as present. When NOAA-listed species are present, the applicant shall generate a species report through the mapper and submit this document as part of their PCN or SVN submission. The NOAA Fisheries’ Section 7 Mapper can be accessed here on the NAE Regulatory website here: https://www.nae.usace. army.mil/Missions/Regulatory/State-General-Permits/Massachusetts-General-Permit/. e. Authorization of an activity by an GP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. 11. Essential Fish Habitat (EFH). a. SV eligible activities have been determined to result in no more than minimal adverse effects, provided the permittee complies with all terms and conditions of the MA GP as appliable to the activity. NMFS has granted General Concurrence [50 CFR 600.920(g)] for all SV eligible activities. These activities do not require project specific EFH consultation. b. For PCN required activities, the applicant is required to describe and identify potential adverse effects to EFH and should refer to NOAA Fisheries’ EFH Mapper (http://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper) and Omnibus Essential Fish Habitat Amendment 2 Volume 2: EFH and HAPC Designation Alternatives and Environmental Impacts (https://www.habitat.noaa.gov/application/efhmapper/oa2_efh_hapc.pdf). If an activity is located within EFH, the PCN application must contain: 1. A description of the action located in EFH. 2. An analysis of the potential adverse effects of the action on EFH and the managed Species. 3. Conclusions regarding the effects of the action on EFH. 4. Proposed mitigation, if applicable (refer to the mitigation thresholds located in Section V). c. Federal agencies shall follow their own procedures for complying with the EFH requirements of the Magnuson-Stevens Fishery Conservation and Management Act. For activities requiring a PCN, the applicant is responsible for furnishing documentation that demonstrates consultation for EFH has been completed. d. For PCN activities, no work may commence until EFH consultation as required by the Magnuson-Stevens Act has been completed. MA GPs 41 June 2023 12. National Lands. Activities that impinge upon the value of any National Wildlife Refuge, National Forest, National Marine Sanctuary, National Historic Landmarks or any other area administered by the National Park Service, U. S. Fish and Wildlife Service (USFWS) or U.S. Forest Service (USFS) require a PCN or Individual Permit. Federal land managers seeking authorization for activities located in the above listed National Lands may proceed under SV, unless a PCN is required elsewhere in this document. 13. Wild and Scenic Rivers. The following activities in designated river or study river segments in the National Wild and Scenic River (WSR) System require a PCN unless the Federal agency with direct management responsibility for such river, in Massachusetts this is generally the National Park Service, has determined in writing to the proponent that the proposed work will not adversely affect the WSR designation or study status: a. Activities that occur in WSR segments, in and 0.25 miles up or downstream of WSR segments, or in tributaries within 0.25 miles of WSR segments; b. Activities that occur in wetlands within 0.25 miles of WSR segments; c. Activities that have the potential to alter free-flowing characteristics in WSR segments. No GP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. As of May 10, 2023, affected rivers in Massachusetts include: the Taunton River (40 miles), Sudbury River (16.6 miles), Assabet River (4.4 miles), Concord River (8 miles), Nashua River (27 miles), Squannacook River (16.3 miles), Nissitissit River (4.7 miles), and the Westfield River, including West Branch, Middle Branch, Gendale Brook, East Branch, Drowned Land Brook, Center Brook, Windsor Jambs Brook, Shaker Mill Brook, Depot Brook, Savery Brook, Watson Brook, Center Pond Brook (78.1 miles). The most up to date list of designated and study rivers and their descriptions may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 14. Historic Properties a. For all SV and PCN applications, permittees shall follow the guidance set forth in Appendix A, Guidance for NHPA Section 106 Compliance in Massachusetts. b. No undertaking authorized by these GPs shall cause effects 1 (defined in 36 CFR Part 800 and 33 CFR Part 325, Appendix C, and its Interim Guidance) on properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places (NRHP)2, including previously unknown historic properties within the permit area, unless the USACE or another Federal action agency has satisfied the consultation requirements of Section 106 of the National Historic Preservation Act (Section 106). If another Federal agency is determined the lead federal agency for compliance with Section 106, applicant must obtain the appropriate documentation and provide this information to the USACE to demonstrate compliance with Section 106. The applicant shall not begin the activity until the USACE notifies them in writing that the documentation provided satisfies Section 106 requirements. 1 Effect means the alteration to the characteristics of a historic property qualifying it for inclusion in or eligibility for the National Register of Historic Properties. 2 See the NAE Regulatory website, National Register of Historic Places link here: https://www.nae. usace.army.mil/Missions/Regulatory/State-General-Permits/Massachusetts-General-Permit/. MA GPs 42 June 2023 c. Many historic properties are not listed on the NRHP and may require identification and evaluation by qualified historic preservation and/or archaeological consultants. The State Historic Preservation Officer (SHPO), Massachusetts Board of Underwater Archaeological Resources (BUAR), local historical societies, certified local governments, general public, and NRHP may also be able to assist with locating information on: i. Previously identified historic properties; and ii. Areas with potential for the presence of historic properties. d. Discovery of Previously Unknown Remains and Artifacts: If any previously unidentified human remains, cultural deposits, or artifacts are discovered while accomplishing the activity authorized by this permit, you must immediately notify the USACE of what you have found, and to the maximum extent practicable, cease work and avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The USACE will initiate the Federal, State and tribal coordination required to determine if the items or remains warrant a recovery effort and/or if the site is eligible for listing in the National Register of Historic Places. e. Section 110k: Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. § 306113) prevents the USACE from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106, has intentionally significantly adversely effected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the USACE, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the USACE is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties effected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or effects historic properties on tribal lands or effects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. f. Underwater Archaeological Resources: Under Massachusetts General Law Ch. 6, s.’s 179-180, and Ch. 91, s. 63, the BUAR has statutory jurisdiction within state waters and is the sole trustee of the Commonwealth’s underwater heritage, charged with the responsibility of encouraging the discovery and reporting, as well as the preservation and protection, of underwater archaeological resources. Underwater archaeological resources located within the waters of the Commonwealth of Massachusetts are property of the Commonwealth, which holds title to these resources and retains regulatory authority over their use. Under Massachusetts General Law, no person, organization or corporation may “remove, displace, damage, or destroy” any underwater archaeological resources located within the Commonwealth’s submerged lands except through consultation with the BUAR and in conformity with the permits it issues. https://www.mass.gov/ orgs/board-of-underwater-archaeological-resources. 15. USACE Property and Federal Projects. (33 USC §408) a. USACE projects and property can be found at: https://www.nae.usace.army.mil/Missions/Civil- Works/. b. In addition to any authorization under these GPs, prospective permittee shall contact the USACE Real Estate Division (https://www.nae.usace.army.mil/Missions/Real-Estate-Division/) at (978) 318-8585 for work occurring on or potentially affecting USACE properties and/or USACE- controlled easements. Work may not commence on USACE properties and/or USACE-controlled easements until they have received any required USACE real estate documents evidencing site- specific permission to work. c. Any proposed temporary or permanent occupation or alteration of a Federal project (including, but not limited to, a levee, dike, floodwall, channel, anchorage, breakwater, seawall, bulkhead, jetty, wharf, pier, or other work built or maintained but not necessarily owned by the United States), MA GPs 43 June 2023 is not eligible for SV and requires a PCN. This includes all proposed structures and work in, over, or under a USACE federal navigation project (FNP) or in the FNP’s buffer zone. The buffer zone is an area that extends from the horizontal limits of the FNP to a distance of three times the FNP’s authorized depth. The activity also requires review and approval by the USACE pursuant to 33 USC 408 (Section 408 Permission). The prospective permittee may reach out to the POCs located here: https://www.nae.usace.army.mil/ Missions/Section-408/. d. Any structure or work constructed in a FNP or its buffer zone shall be subject to removal at the owner’s expense prior to any future USACE dredging or the performance of periodic hydrographic surveys. e. Where a Section 408 permission is required, written verification for the PCN will not be issued prior to the decision on the Section 408 permission request. 16. Navigation a. No activity may cause more than a minimal adverse effect on navigation. b. Any safety lights and signals prescribed by the U.S. Coast Guard, must be installed, and maintained at the permittee’s expense on authorized facilities in navigable waters of the U.S. c. There shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein, and no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized herein. d. The permittee understands and agrees that if future U.S. operations require the removal, relocation, or other alteration of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S. No claim shall be made against the U.S. on account of any such removal or alteration. 17. Permit/Authorization Letter On-Site. For PCNs, the permittee shall ensure that a copy of these GPs and the accompanying authorization letter are at the work site (and the project office) whenever work is being performed, and that all personnel with operational control of the site ensure that all appropriate personnel performing work are fully aware of its terms and conditions. The entire permit authorization shall be made a part of any and all contracts and sub-contracts for work that affects areas of USACE jurisdiction at the site of the work authorized by these GPs. This shall be achieved by including the entire permit authorization in the specifications for work. The term “entire permit authorization” means these GPs, including GCs and the authorization letter (including its drawings, plans, appendices, special conditions, and other attachments), and any permit modifications. If the authorization letter is issued after the construction specifications, but before receipt of bids or quotes, the entire permit authorization shall be included as an addendum to the specifications. If the authorization letter is issued after receipt of bids or quotes, the entire permit authorization shall be included in the contract or sub-contract as a change order. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub-contractors shall be obligated by contract to comply with all environmental protection provisions contained within the entire authorization letter, and no contract or sub- contract shall require or allow unauthorized work in areas of USACE jurisdiction. For SVs, the permittee shall ensure that a complete and signed copy of the SVN is present on site during construction and is made available for review at any time by USACE and other Federal, State, & Local regulatory agencies. A complete and signed copy of the SVN must be submitted to USACE Regulatory within 30 days of initiating construction of the authorized activity, unless stated otherwise in the applicable GP. 18. Storage of Seasonal Structures. Coastal structures such as pier sections, floats, etc., that MA GPs 44 June 2023 are removed from the waterway for a portion of the year (often referred to as seasonal structures) shall be stored in an upland location, located above MHW and not in tidal wetlands. These seasonal structures may be stored on the fixed, pile-supported portion of the structure that is seaward of MHW. This is intended to prevent structures from being stored on the marsh substrate and the substrate seaward of MHW. 19. Pile Driving and Pile Removal in Navigable Waters. a. Derelict, degraded or abandoned piles and sheet piles in navigable waters of the U.S., except for those inside existing work footprints for piers, must be completely removed, cut and/or driven to 3 feet below the substrate to prevent interference with navigation, and existing creosote piles that are affected by project activities shall be completely removed if practicable. In areas of fine-grained substrates, piles must be removed by the direct, vibratory or clamshell pull method 1 to minimize sedimentation and turbidity impacts and prevent interference with navigation from cut piles. Removed piles shall be disposed of in an upland location landward of MHW or OHW and not in wetlands, tidal wetlands or mudflats. b. A PCN is required for the installation or removal of structures with jetting techniques. c. A PCN is required for the installation of >12 inch-diameter piles of any material type or steel piles of any size in tidal waters, unless they are installed in the dry. If piles are not installed in the dry: i. Impact pile driving shall commence with an initial set of three strikes by the hammer at 40% energy, followed by a one-minute wait period, then two subsequent 3-strike sets at 40% energy, with one minute waiting periods, before initiating continuous impact driving. ii. Vibratory pile driving shall be initiated for 15 seconds at reduced energy followed by a one- minute waiting period. This sequence of 15 seconds of reduced energy driving, one-minute waiting period shall be repeated two more times, followed immediately by pile-driving at full rate and energy. iii. In addition to using a soft start at the beginning of the workday for pile driving as described in 19c(i-ii), a soft start must also be used at any time following a cessation of pile driving for a period of 30 minutes or longer. d. Bubble curtains may be used to reduce sound pressure levels during vibratory or impact hammer pile driving. 20. Time-of-Year (TOY) Restrictions. Activities that include in-water work must comply with the TOY Restrictions below to be SV eligible, otherwise a PCN is required. PCN submittals shall contain written justification for deviation from the TOY Restrictions. The term “in-water work” does not include conditions where the work site is “in-the-dry” (e.g., intertidal areas exposed at low tide). The term “in-the-dry” includes work contained within a cofferdam so long as the cofferdam is installed and subsequently removed outside the TOY Restriction. The TOY restrictions stated in Appendix B of the MA DMF Technical Report TR-47 2 can apply instead for activities in tidal waters if (1) TOYs are provided for a specific waterbody where the activity is proposed and (2) the TOYs are less restrictive than below. The activity must also not require a PCN elsewhere in this document to be SV eligible. 1 Direct Pull: Each piling is wrapped with a choker cable or chain that is attached at the top to a crane. The crane then pulls the piling directly upward, removing the piling from the sediment. Vibratory Pull: The vibratory hammer is a large mechanical device (5-16 tons) that is suspended from a crane by a cable. The vibrating hammer loosens the piling while the crane pulls up. Clamshell Pull: This can remove intact, broken or damaged pilings. The clamshell bucket is a hinged steel apparatus that operates like a set of steel jaws. The bucket is lowered from a crane and the jaws grasp the piling stub as the crane pulls up. The size of the clamshell bucket is minimized to reduce turbidity during piling removal. 2 The MA DMF Technical Report TR-47: https://www.nae.usace.army.mil/Missions/Regulatory/State- General-Permits/Massachusetts-General-Permit/ MA GPs 45 June 2023 TOY Restriction (No work) Non-tidal Waters Defer to TR-47 Tidal Waters January 15 – November 15 Alternate work windows proposed under a PCN will generally be coordinated with the USFWS and NMFS. Resulting written verifications may include species-specific work allowed windows. 21. Heavy Equipment in Wetlands. Operating heavy equipment (drill rigs, fixed cranes, etc.) within wetlands shall be minimized, and such equipment shall not be stored, maintained, or repaired in wetlands, to the maximum extent practicable. Where construction requires heavy equipment operation in wetlands, the equipment shall: i. Have low ground pressure (typically ≤3 psi); ii. Be placed on swamp/construction/timber mats (herein referred to as “construction mats” or “mats”) that are adequate to support the equipment in such a way as to minimize disturbance of wetland soil and vegetation. See GC 22 for information on the placement of construction mats; or iii. Be operated on adequately dry or frozen wetlands such that shear pressure does not cause subsidence of the wetlands immediately beneath the equipment and upheaval of adjacent wetlands. Construction mats are to be placed in the wetland from the upland or from equipment positioned on mats if working within a wetland. Dragging construction mats into position is prohibited. Other support structures that are capable of safely supporting equipment may be used with written USACE authorization. 22. Temporary Fill, Work & Construction Mats. a. Construction mats in non-tidal waters: Temporary construction mats shall be in place ≤1 year and for one growing season or less to be SV eligible. A PCN is required if construction mats are in place >1 year or for more than one growing season. Construction mats can be placed in an area of any size in non-tidal waters. The activity may occur in segments to ensure the requirements for SV above are met, otherwise a PCN is required. b. Construction mats in tidal waters: Temporary construction mats placed in an area <5,000 SF in tidal waters are SV eligible, provided those mats are in place ≤6 months. Temporary construction mats placed in an area ≥5,000 SF or in place >6 months in tidal waters require a PCN. c. Management of construction mats: At a minimum, construction mats shall be managed in accordance with the following construction mat best management practices (BMPs): 1. Mats shall be in good condition to ensure proper installation, use, and removal. 2. As feasible, mats shall be placed in a location that will minimize the amount of mats needed for the wetland crossing(s). 3. Inspect mats prior to their re-use and remove any plant debris. Mats are to be thoroughly cleaned before re-use to prevent the spread of invasive plant species. 4. Impacts to wetland areas shall be minimized during installation, use, and removal of the mats. 5. Adequate erosion & sediment controls shall be installed at approaches to mats to promote a smooth transition to, and minimize sediment tracking onto, the mats. 6. In most cases, mats should be placed along the travel area so that the individual boards are resting perpendicular to the direction of traffic. No gaps should exist between mats. Place mats far enough on either side of the resource area to rest on firm ground. d. A PCN is required for temporary fills in place >2 years. All temporary fills and disturbed soils shall be stabilized to prevent the material from eroding into waters of the U.S. where it is not authorized. Work shall include phased or staged development to ensure only areas under active development are exposed and to allow for stabilization practices as soon as practicable. Temporary fill must be placed in a manner that will prevent it from being eroded by expected high flows. MA GPs 46 June 2023 e. Activities that require unconfined temporary fill and are authorized for discharge into waters of the U.S. shall consist of material that minimizes effects to water quality. f. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Materials shall be placed in a location and manner that does not adversely impact surface or subsurface water flow into or out of the wetland. Temporary fill authorized for discharge into wetlands shall be placed on geotextile fabric or other appropriate material laid on the pre-construction wetland grade where practicable to minimize impacts and to facilitate restoration to the original grade. Construction mats are excluded from this requirement. g. Construction debris and deteriorated materials shall not be located in waters of the U.S. h. Temporary fills, construction mats, and corduroy roads shall be entirely removed as soon as they are no longer needed to construct the authorized activity and the disturbed areas be restored to pre-construction contours and conditions. i. Construction equipment, such as temporary barges in tidal waters, shall provide clearance above the substrate to avoid grounding onto the substrate during all tides. 23. Restoration of Wetland Areas. a. Upon completion of construction, all disturbed wetland areas shall be stabilized with a wetland seed mix or plant plugs containing only plant species native to New England, and be appropriate for site conditions, including salinity and frequency of inundation, and shall not contain any species listed in the “Invasive and Other Unacceptable Plant Species” Appendix K of the New England District “Compensatory Mitigation Standard Operating Procedures” found at https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation.aspx. b. The introduction or spread of invasive plant species in disturbed areas shall be prevented and controlled. Equipment shall be thoroughly cleaned before and after project construction to prevent the spread of invasive species. This includes, but is not limited to, tire treads and construction mats. c. In areas of authorized temporary disturbance, if trees are cut in USACE jurisdiction, they shall be cut at or above ground level and not uprooted in order to prevent disruption of any kind to the wetland soil structure and to allow stump sprouts to revegetate the work area, unless otherwise authorized. d. Wetland areas where permanent disturbance is not authorized shall be restored to their original condition and elevation, which under no circumstances shall be higher than the pre-construction elevation. Original condition means careful protection and/or removal of existing soil and vegetation, and replacement back to the original location such that the original soil layering and vegetation schemes are approximately the same, unless otherwise authorized. 24. Bank Stabilization. a. Projects involving construction or reconstruction/maintenance of bank stabilization within USACE jurisdiction shall be designed to minimize environmental effects, effects to neighboring properties, scour, conversion of natural shoreline to hard armoring, etc. to the maximum extent practicable. b. Projects involving the construction of new bank stabilization within USACE jurisdiction shall use bioengineering techniques and natural materials in the project design to the maximum extent practicable. Use of hard structures shall be eliminated or minimized unless the prospective permittee can demonstrate that use of bioengineering techniques is not practicable due to site conditions. c. Where possible, bank stabilization projects shall optimize the natural function of the shoreline, including self-sustaining stability to attenuate flood flows, fishery, wildlife habitat and water quality protection, while protecting upland infrastructure from storm events that can cause erosion as well as impacts to public and private property. d. No material shall be placed in excess of the minimum needed for erosion protection. e. No material shall be placed in a manner that will be eroded by normal or expected high flows (properly anchored native trees and treetops may be used in low energy areas). MA GPs 47 June 2023 f. Native plants appropriate for current site conditions, including salinity, must be used for bioengineering or vegetative bank stabilization. g. The activity must be properly maintained, which may require repairing it after severe storms or erosion events. 25. Soil Erosion and Sediment Controls. a. Appropriate soil erosion and sediment controls 1 (hereinafter referred to as “controls”) must installed prior to earth disturbance and maintained in effective operating condition during construction. Biodegradable wildlife friendly erosion controls should be used whenever practicable to minimize effects to water quality. b. Activities in streams (rivers, streams, brooks, etc.) and tidal waters that are capable of producing sedimentation or turbidity should be done during periods of low-flow or no-flow, when the stream or tide is waterward of the work area. Controls may also be used to obtain dry work conditions (e.g., coffer dam, turbidity curtain). The prospective permittee must demonstrate in the project plans where the controls are proposed and how these controls would avoid and/or minimize turbidity or sedimentation. c. A PCN is required for controls that encroach: i) >25% of the stream width measured from OHW in non-tidal diadromous streams from March 15 to June 30; or ii) >25% of the waterway width measured from MHW in tidal waters from Feb. 1 to June 30, or >50% of the waterway width measured from MHW in tidal waters from July 1 to Jan. 14. This is to protect upstream fish passage. Proponents must also maintain downstream fish passage throughout the project. d. No dewatering shall occur with direct discharge to waters or wetlands. Excess water in isolated work areas shall be pumped or directed to a sedimentation basin, tank or other dewatering structures in an upland area adequately separated from waters or wetlands. Suspended solids shall be removed prior to discharge back into waters or wetlands from these dewatering structures. All discharge points back into waters and wetlands shall use appropriate energy dissipaters and erosion and sedimentation control BMPs. e. Temporary controls shall be removed upon completion of work, but not until all exposed soil and other fills, as well as any work waterward of OHW or the HTL, are permanently stabilized at the earliest practicable date. Sediment and debris collected by these devices shall be removed and placed at an upland location in a manner that will prevent its later erosion into a waterway or wetland. Controls may be left in place if they are biodegradable and flows and aquatic life movements are not disrupted. 26. Aquatic Life Movements and Management of Water Flows. a. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary crossings of waterbodies and wetlands shall be: i. Suitably spanned, bridged, culverted, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species; and ii. Properly aligned and constructed to prevent bank erosion or streambed scour both adjacent to and inside the crossing. 1 Appropriate soil erosion, sediment and turbidity controls include cofferdams, bypass pumping around barriers immediately up and downstream of the work footprint (i.e., dam and pump), installation of sediment control barriers (i.e., silt fence, vegetated filter strips, geotextile silt fences, filter tubes, erosion control mixes, hay bales or other devices) downhill of all exposed areas, stream fords, retention of existing vegetated buffers, application of temporary mulching during construction, phased construction, and permanent seeding and stabilization, etc. MA GPs 48 June 2023 b. To avoid adverse impacts on aquatic organisms, the low flow channel/thalweg shall remain unobstructed during periods of low flow, except when necessary to perform the authorized work. c. For work in tidal waters, in-stream controls (e.g., cofferdams) should be installed in such a way as to not obstruct fish passage. d. Riprap and other stream bed materials shall be installed in a manner that avoids organism entrapment in rock voids or water displaced to subterranean flow with crushed stone and riprap. e. To the maximum extent practicable, the preconstruction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity shall not restrict or impede the passage of normal or high flows unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 27. Spawning, Breeding, and Migratory Areas. a. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized under these GPs. b. Activities in waters of the U.S. that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. c. The applicant is responsible for obtaining any “take” permits required under the USFWS’s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The applicant should contact the appropriate local office of the USFWS to determine if such “take” permits are required for a particular activity. d. Information on spawning habitat for species managed under the Magnuson-Stevens Fishery Conservation and Management Act (i.e., EFH for spawning adults) can be obtained from NAE Regulatory website, Essential Fish Habitat section, at: https://www.nae.usace.army.mil/ Missions/Regulatory/State-General-Permits/Massachusetts-General-Permit/. e. Information regarding diadromous fish habitat can be obtained from the following DMF website at: https://www.mass.gov/info-details/massgis-data-diadromous-fish. 28. Vernal Pools. a. A PCN is required if a discharge of dredged or fill material is proposed within a vernal pool depression that is also a water of the U.S. b. Vernal pools must be identified on the plans that show aquatic resource delineations. c. Adverse impacts to vernal pools shall be avoided & minimized to the maximum extent practicable. 29. Invasive Species. a. The introduction, spread or the increased risk of invasion of invasive plant or animal species on the project site, into new or disturbed areas, or areas adjacent to the project site caused by the site work shall be avoided. Construction mats shall be thoroughly cleaned before reuse to avoid spread of invasive species. b. Unless otherwise directed by USACE, all applications for PCN non-tidal projects proposing fill in USACE jurisdiction shall include an Invasive Species Control Plan. Additional information can be found at: https://www.nae.usace.army.mil/Missions/Regulatory/Invasive-Species/, https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation/. 30. Fills Within 100-Year Floodplains. The activity shall comply with applicable Federal Emergency Management Agency (FEMA) approved, Massachusetts Emergency Management MA GPs 49 June 2023 Agency (MEMA) approved and/or local floodplain management requirements. Applicants should contact FEMA and/or MEMA regarding floodplain management requirements. 31. Stream Work and Crossings & Wetland Crossings. a. When feasible, all temporary and permanent crossings of waterbodies and wetlands (hereinafter referred to as “crossings”) shall conform to the “Massachusetts River and Stream Crossing Standards” located at: https://www.mass.gov/doc/massachusetts-river-and-stream- crossing-standards/download or https://www.nae.usace.army.mil/Missions/Regulatory/State- General-Permits/Massachusetts-General-Permit/. Projects that do not conform to these guidelines shall be reviewed under PCN or IP procedures. b. Crossings shall be suitably culverted, bridged, or otherwise designed to withstand and to prevent the restriction of high flows, to maintain existing low flows, maintain water quality, and not obstruct the movement of aquatic life indigenous to the waterbody beyond the duration of construction. c. Crossings shall be installed in such a manner as to preserve hydraulic capacity and flow, sediment transport, and organism passage at its present level, between the wetlands on either side of the road. The applicant shall take necessary measures to correct any wetland damage resulting from deficiencies in hydraulic capacity, sediment transport and organism passage. d. Stream crossings shall utilize a natural mixed grain-size streambed material composition that matches upstream and downstream substrates to create a stable streambed. Substrate should function appropriately during normal and high flows without washing out. If natural streambed material is not utilized, a PCN is required. e. Activities involving open trench excavation in flowing waters require a PCN. Work should not occur in flowing waters (requires using management techniques such as temporary flume pipes, culverts, cofferdams, etc.). Normal flows should be maintained within the stream boundary’s confines when practicable. Projects utilizing these management techniques must meet all applicable terms and conditions of the GP, including the GCs in Section IV. 32. Utility Line Installation and Removal a. Subsurface utility lines must be installed at a sufficient depth to avoid damage from anchors, dredging, etc., and to prevent exposure from erosion and stream adjustment. b. When utility lines are installed via horizontal directional drilling, a frac-out contingency plan shall be present on site for the duration of construction. As necessary, the applicant shall immediately contain, control, recover, and remove drilling fluids released into the environment. c. Abandoned or inactive utility lines must be removed and faulty lines (e.g., leaking hazardous substances, petroleum products, etc.) must be removed or repaired. A written verification from the USACE is required if they are to remain in place, e.g., to protect sensitive areas or ensure safety. d. Utility lines shall not adversely alter existing hydrology, and trenches cannot be constructed or backfilled in such a manner as to drain waters of the U.S. (e.g., backfilling with extensive gravel layers, creating a French drain effect). In wetland areas, structures such as ditch plugs, cut-off walls, clay blocks, bentonite, or other suitable material shall be used within utility trenches to ensure that the trench through which the utility line is installed does not drain waters of the U.S. including wetlands. e. Stockpiling of tree debris, to the extent where it has the effect of fill material, shall not occur in waters of the U.S. Tree debris shall be removed from waters of the U.S. and placed in uplands without causing additional disturbance to aquatic resources. Failure to meet this condition could change the bottom elevation of the wetland and be considered a discharge of fill material, and depending on the area of alteration, may require a PCN or IP. 33. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. MA GPs 50 June 2023 34. Coral Reefs. Impacts to coral reefs are not authorized under these GPs. Coral reefs consist of the skeletal deposit, usually of calcareous or silicaceous materials, produced by the vital activities of anthozoan polyps or other invertebrate organisms present in growing portions of the reef. 35. Blasting. Blasting in waters of the U.S. associated with work such as dredging, trenching, pile installation, etc. is not authorized under these GPs. 36. Inspections. The permittee shall allow USACE to make periodic inspections at any time deemed necessary to ensure that the work is being or has been performed in accordance with the terms and conditions of this permit. To facilitate these inspections, for activities requiring a PCN, the permittee shall complete and return the Certificate of Compliance when it is provided with a PCN verification letter. For SV-eligible activities, the permittee shall complete and submit the SVN to USACE within 30 days of initiating project construction, at which point, USACE may opt to inspect the activity to verify compliance with the terms and conditions of the GP. Post-construction engineering drawings may be required by USACE for completed work. This includes post-dredging survey drawings for any dredging work. 37. Maintenance. The permittee shall maintain the activity authorized by these GPs in good condition and in conformance with the terms and conditions of this permit. Some maintenance activities may not be subject to federal regulation under Section 404 in accordance with 33 CFR 323.4(a)(2). This condition is not applicable to maintenance of dredging projects. Prospective permittees should contact USACE to inquire about maintenance of dredging projects, and its eligibility under these GPs. Maintenance dredging is subject to the review thresholds in GP #7 as well as any conditions included in a written USACE authorization. Maintenance dredging includes only those areas and depths previously authorized and dredged. 38. Property Rights. Per 33 CFR 320.4(g)(6), these GPs do not convey any property rights, either in real estate or material, or any exclusive privileges, nor do they authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations. 39. Transfer of GP Verifications. When the work authorized by these GPs is still in existence at the time the property is transferred, the terms and conditions of these GPs, including any special conditions, will continue to be binding on the entity or individual who received the GP authorizations, as well as the new owner(s) of the property. If the permittee sells the property associated with a GP authorization, the applicant may transfer the GP authorization to the new owner by submitting a letter to USACE to validate the transfer. A copy of the GP authorization letter must be attached to the letter, and the letter must include the following statement: “The terms and conditions of these general permits, including any special conditions, will continue to be binding on the new owner(s) of the property.” This letter shall be signed by both the seller and new property owner(s). 40. Modification, Suspension, and Revocation. These GPs and any individual authorization issued thereof may be either modified, suspended, or revoked in whole or in part pursuant to the policies and procedures of 33 CFR 325.7; and any such action shall not be the basis for any claim for damages against the U.S. 41. Special Conditions. The USACE may impose other special conditions on a project authorized pursuant to these GPs that are determined necessary to minimize adverse navigational and/or environmental effects or based on any other factor of the public interest. Failure to comply with all conditions of the authorization, including special conditions, constitutes a permit violation and may subject the applicant to criminal, civil, or administrative penalties or restoration. MA GPs 51 June 2023 42. False or Incomplete Information. If USACE makes a determination regarding the eligibility of a project under these GPs, and subsequently discovers that it has relied on false, incomplete, or inaccurate information provided by the applicant, the authorization will not be valid, and the U.S. Government may institute appropriate legal proceedings. 43. Abandonment. If the permittee decides to abandon the activity authorized under these GPs, unless such abandonment is merely the transfer of property to a third party, he/she/they may be required to restore the area to the satisfaction of USACE. 44. Enforcement cases. These GPs do not apply to any existing or proposed activity in USACE jurisdiction associated with an on-going USACE or EPA enforcement action, until such time as the enforcement action is resolved or USACE or EPA determines that the activity may proceed independently without compromising the enforcement action. 45. Previously Authorized Activities. a. Completed projects that received prior authorization from USACE (SV or PCN), shall remain authorized in accordance with the original terms and conditions of those authorizations, including their terms, GCs, and any special conditions provided in a written verification. b. Activities authorized pursuant to 33 CFR 330.3 (activities occurring before certain dates) are not affected by these GPs. 46. Duration of Authorization. These GPs expire on June 1, 2028. Activities authorized under these GPs will remain authorized until the GPs expire, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 325.2(e)(2). Activities authorized under GPs 1-25 that have either commenced (i.e., are under construction) or are under contract to commence in reliance upon this authorization will have until June 1, 2029 to complete the work. If requested by USACE, the permittee shall furnish documentation that demonstrates the project was under construction or under contract to commence by June 1, 2028. If work is not completed before June 1, 2029, the permittee must contact USACE. The USACE may issue a new authorization provided the project meets the terms and conditions of the MA GPs in effect at the time. Activities completed under the SV or PCN authorizations of these GPs will continue to be authorized after their expiration date. MA GPs 52 June 2023 SECTION V: MITIGATION STANDARDS 1. Mitigation Types For all activities, applicants must (a) demonstrate how the project has been designed to avoid or minimize impacts to aquatic resources; and (b) describe measures taken to avoid or minimize impacts to aquatic resources through construction techniques and/or site access. Please see https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation/ for assistance with preparing mitigation in accordance with the 2008 Compensatory Mitigation for Losses of Aquatic Resources; Final Rule (33 CFR 332.3), hereafter referred to as “2008 Mitigation Rule.” Avoidance - Avoidance of impacts (direct and indirect) to aquatic resources means that project activities would not result in the placement of fill material or installation of a structure that could impact the resource area. Avoidance can include, but is not limited to, designing the project to avoid impacts to all or a portion of the aquatic resource areas. Minimization - Minimization of impacts (direct and indirect) to aquatic resources means that measures are taken to ensure the amount and duration of impacts are limited to the maximum extent practicable. There are many minimization measures that could be implemented, prior to, during, or after the proposed activity, to ensure impacts are minimized. Examples include, but are not limited to: • Permanent preservation of avoided aquatic features and buffer zone, in perpetuity. In these cases, the preserved area would be under a conservation easement and managed by conservation oriented third-party manager. • Utilization of best management practices (BMPs) to ensure impacts are limited, and do not result in adverse impacts to the integrity and long-term functions of preserved/avoided features. Compensatory Mitigation - Compensatory mitigation is generally required for PCN activities in which the impacts to the aquatic resources have been avoided and minimized to the maximum extent practicable but would still result in unavoidable adverse effects to the environment that are considered more than minimal or are contrary to the public interest. Whatever the case may be, compensatory mitigation is no substitute for avoidance and minimization. 2. Thresholds for Compensatory Mitigation The basic objective of compensatory mitigation in the USACE Regulatory Program is to offset environmental losses resulting from unavoidable impacts to waters of the U.S. authorized by Department of the Army permits. The following compensatory mitigation thresholds apply to all PCN activities that result in loss1 of the resource area types listed below. Activities 2 in waters of the U.S. associated with the restoration, enhancement, and establishment of tidal and non-tidal aquatic resources are not considered loss and are not subject to the thresholds below. Thresholds for different resource areas may not be combined to exceed 5,000 SF of total loss of all waters. The USACE will continue to evaluate projects on a case-by-case basis, and may in some cases require compensatory mitigation below these thresholds (e.g. minor impacts that add to a cumulative loss). 1 See definition of loss in Section VII. 2 These activities must result in net increases in aquatic resource functions and services to be exempted from the thresholds above. MA GPs 53 June 2023 Compensatory Mitigation Thresholds in Massachusetts Resource Area Non-Tidal Threshold Tidal Threshold Stream 200 LF 200 LF Bank Stabilization 500 LF 500 LF Open Water Project Dependent Project Dependent Wetland 5,000 SF 500 SF Vernal Pool All N/A SAV Project dependent 25 SF Mudflat N/A 1,000 SF Intertidal N/A 1,000 SF These thresholds can be utilized to determine at what point compensatory mitigation is required but are not used to determine how much mitigation may be needed to offset impacts to resources. Per the 2008 Mitigation Rule (33 CFR 332.3(f)(1)) “the amount of required compensatory mitigation must be, to the extent practicable, sufficient to replace lost aquatic resource functions. In cases where appropriate functional or condition assessment methods or other suitable metrics are available, these methods should be used where practicable to determine how much compensatory mitigation is required. If a functional or condition assessment or other suitable metric is not used, a minimum one-to-one acreage or linear foot compensation ratios must be used.” 3. Compensatory Mitigation Hierarchy Compensatory mitigation should follow the hierarchy as outlined in 33 CFR 332.3(b)(2-6) or current regulation. This hierarchy in order of preference includes: (1) Mitigation Bank credits, (2) In-Lieu Fee program credits, (3) permittee-responsible mitigation under a watershed approach, (4) permittee-responsible mitigation through on-site and in-kind mitigation, and (5) permittee- responsible mitigation through off-site and/or out-of-kind mitigation. If the proposed mitigation deviates from this mitigation hierarchy, the applicant must justify in writing why the proposed mitigation is environmentally preferable to the preferred method of compensatory mitigation (See 2008 Mitigation Rule). In order for your application to be considered complete, you must provide a statement that discusses how your project will compensate for the loss or impact to aquatic resources. If you are proposing permittee responsible mitigation, the 12 components of a mitigation plan (33 CFR 332.4(c)(2-14) must be addressed for your application to be considered complete. Prospective applicants are encouraged to contact USACE with questions at any time. Addressing the 12 components of a mitigation plan is commensurate with the amount of compensatory mitigation required, and USACE can assist prospective applicants with the level of information needed to satisfy each component. For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. 4. In-Lieu Fee (ILF) The purchase of credits from the Massachusetts In-Lieu Fee Program (MA ILFP) is the preferred method of compensatory mitigation in Massachusetts since, as of the issuance date of this GP, there are no mitigation banks available in Massachusetts. The applicant shall develop a mitigation plan that addresses the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). MA GPs 54 June 2023 The MA ILFP is administered by the Massachusetts Department of Fish & Game (DFG) in accordance with the 2008 Mitigation Rule at 33 CFR 332. The Mitigation Rule governs in-lieu fee compensatory mitigation associated with USACE permits under §404 of the Clean Water Act and/or §9 or §10 of the Rivers and Harbors Act of 1899. MA ILFP Website: https://www.mass.gov/in-lieu-fee-program Acceptance of an ILF payment into the ILFP established by the 2014 MA ILFP Instrument (link below) is an acknowledgement by DFG that it assumes all legal responsibility for satisfying the mitigation requirements of the USACE (i.e., the implementation, performance, and long-term management and monitoring of the compensatory mitigation project(s) approved under this Instrument and subsequent Compensatory Mitigation Plans). This transfer of legal responsibility is established by: 1) the approval of this In-Lieu Fee Instrument; 2) receipt by the district engineer of a Notice of Credit Sale and Transfer of Legal Responsibility to DFG that is signed by the DFG and the permittee and dated; and 3) the transfer of fees from the permittee to DFG. MA ILFP Fact Sheet: https://www.mass.gov/files/documents/2017/01/sj/ilfp-fact-sheet-ma-ilfp-fees.pdf MA ILFP Instrument: https://www.mass.gov/files/documents/2016/08/nd/ilfp-final-instrument-dfg.pdf 5. Permittee-Responsible The USACE may determine that the proposed permittee-responsible compensatory mitigation is appropriate on a case-by-case basis. As described in the Compensatory Mitigation Hierarchy section above, applicants must justify in writing why the proposed mitigation is environmentally preferable to the purchase of ILF credits. Applicants are encouraged to contact the USACE prior to submission of a permit application to seek further guidance regarding USACE mitigation requirements. Applicants will demonstrate their proposed compensatory mitigation in writing by addressing the 12 components of a mitigation plan (33 CFR 332.4(c)(2-14). Please note that all elements must be addressed, or the permit application will be deemed incomplete. In certain circumstances, the district engineer may determine that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). Guidance on how to address these components can be found on the New England District Mitigation webpage: https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation/ Performance standards will be used to measure the successfulness of the mitigation project. A successful mitigation project is one that is self-sustaining. For a mitigation project that will restore, enhance, or create wetlands, proper performance standards must address hydrology, hydric soils, and hydrophytic vegetation. The mitigation proposal must include an explanation of quantitative methods used to measure the success of performance standards (i.e., percent cover may be measured using vegetation plots, hydrology may be measured using data loggers, soil cores may be taken and evaluated for hydric soil indicators). Monitoring methods should include quantitative sampling methods following established, scientific protocols. Sampling documentation, as part of monitoring reports, should include maps and coordinates (also shapefiles, if available) showing locations of sampling points, transects, quadrats, etc. In addition, permanent photo stations should be established coincident with sampling locations. MA GPs 55 June 2023 SECTION VI: FEDERAL & STATE AGENCY CONTACT INFORMATION & ORGANIZATIONAL WEBSITES Federal Agencies U.S. Army Corps of Engineers U.S. Army Corps of Engineers Regulatory Division Navigation Division – Section 408 696 Virginia Road 696 Virginia Road Concord, Massachusetts 01742-2751 Concord, Massachusetts 01742-2751 (978) 318-8338 (phone); (978) 318-8303 (fax) See link below for contact information: www.nae.usace.army.mil/missions/regulatory https://www.nae.usace.army.mil/Missions/Section-408/ National Marine Fisheries Service U.S. Fish & Wildlife Service 55 Great Republic Drive 70 Commercial Street, Suite 300 Gloucester, Massachusetts 01930 Concord, New Hampshire 03301 (978) 281-9300 (phone) (603) 223-2541 (phone) (Federal endangered species & EFH) (Federal endangered species) National Park Service Bureau of Ocean and Energy Management 15 State Street 1849 C Street, NW Boston, Massachusetts 02109 Washington D.C. 20240 (617) 223-5191 (phone) 202-208-6474 (phone) (Wild and Scenic Rivers) (Offshore Wind Facilities) Chief, Risk Analysis Branch Commander (dpb) FEMA Region 1 First Coast Guard District 99 High Street, 6th Floor Battery Building U.S. Department of Homeland Security One South Street Boston, Massachusetts 02110 New York, New York 10004-1466 (617) 956-7576 (phone) (212) 514-4331 (phone); (212) 514-4337 (fax) (Bridge permits) U.S. Environmental Protection Agency 5 Post Office Square Suite 100 (OEP06–3) Boston, Massachusetts 02109-3912 (617) 918-1692 (phone) MA GPs 56 June 2023 State Agencies in Massachusetts Massachusetts Department of Environmental Protection (MassDEP) DEP Division of Wetlands & Waterways 100 Cambridge Street, Suite 900 Boston, Massachusetts 02114 (617) 292-5695 Northeast Region 150 Presidential Way, Suite 300 Woburn, Massachusetts 01801 (978) 694-3200 Southeast Region 20 Riverside Drive, Route 105 Lakeville, Massachusetts 02347 (508) 946-2800 Central Region 8 New Bond Street Worcester, Massachusetts 01606 (508) 792-7650 Western Region 436 Dwight Street Springfield, Massachusetts 01103 (413) 784-1100 Massachusetts Office of Coastal Zone Management (CZM) Emails may be sent to: czm@mass.gov MA Office of Coastal Zone Management 100 Cambridge Street, Suite 900 Boston, Massachusetts 02114 (617) 626-1200 North Shore Region 2 State Fish Pier Gloucester, Massachusetts 01930 (978) 281-3972 South Shore Region 175 Edward Foster Road Scituate, Massachusetts 02066 Cape Cod and Islands Region 3195 Main Street, P.O. Box 220 Barnstable, MA 02630 South Coastal Region 81-B County Road, Suite E Mattapoisett, MA 02739 Massachusetts Historical Commission (MHC) Office Location: 220 Morrisey Boulevard Boston, Massachusetts 02125 (617) 727-8470 Massachusetts Board of Underwater Archaeological Resources (BUAR) Emails may be sent to: david.s.robinson@mass.gov Office Location: 100 Cambridge Street, Suite 900 Boston, Massachusetts 02114 (617) 626-1014 MA GPs 57 June 2023 SECTION VII: Definitions & Acronyms Artificial or Living Reef: A structure which is constructed or placed in waters for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities. Attendant Features: Occurring with or as a result of; accompanying. Biodegradable: A material that decomposes into elements found in nature within a reasonably short period of time and will not leave a residue of plastic or a petroleum derivative in the environment after degradation. In contrast, degradable plastics break down into plastic fragments that remain in the environment after degradation. Examples of biodegradable materials include jute, sisal, cotton, straw, burlap, coconut husk fiber (coir) or excelsior. In contrast, degradable plastics break down into plastic fragments that remain in the environment after degradation. Photodegradable, UV degradable or Oxo-(bio)degradable plastics are not considered biodegradable under this GP. Boating facilities: These provide, rent or sell mooring space, such as marinas, yacht clubs, boat yards, dockominiums, municipal facilities, land/home owners, etc. Not classified as boating facilities are piers shared between two abutting properties or municipal mooring fields that charge an equitable user fee based on the actual costs incurred. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Must comply with the applicable provisions of 33 CFR 332. See also the New England District Compensatory Mitigation Guidance at http://www.nae.usace.army.mil/Missions/Regulatory/Mitigation.aspx. Construction mats: Constructions, swamp and timber mats (herein referred to as “construction mats”) are generic terms used to describe structures that distribute equipment weight to prevent wetland damage while facilitating passage and providing work platforms for workers and equipment. They are comprised of sheets or mats made from a variety of materials in various sizes. A timber mat consists of large timbers bolted or cabled together. Corduroy roads, which are not considered to be construction mats, are cut trees and/or saplings with the crowns and branches removed, and the trunks lined up next to one another. Corduroy roads are typically installed as permanent structures. Like construction mats, they are considered as fill whether they are installed temporarily or permanently. Cumulative Impacts: The impact on the environment, which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 1508.1). Although the impact of a particular discharge may constitute a minor change in itself, the cumulative effect of numerous such piecemeal changes can result in a major impairment of the water resources and interfere with the productivity and water quality of existing aquatic ecosystems. See 40 CFR 230.11(g). Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Dredging: Improvement Dredging: For the purposes of these GPs, this is dredging deeper than previously authorized by the USACE and dredged under that authorization. Maintenance Dredging: For the purposes of these GPs, this is dredging from an area previously authorized by the USACE and dredged under that authorization. The USACE may require proof of authorization and dredging. Maintenance dredging typically refers to the routine removal of accumulated sediment to maintain the design depths of serviceable navigation channels, harbors, marinas, boat launches and port facilities. Maintenance dredging is conducted for navigational purposes and does not include any expansion of the previously dredged area. The USACE may MA GPs 58 June 2023 review a maintenance dredging activity as new dredging if sufficient time has elapsed to allow for the colonization of SAS, shellfish, etc. New Dredging: For the purposes of these GPs, this is a) first time the USACE authorizes dredging of a particular location or b) dredging has not occurred for an extended period of time, and this has allowed for aquatic resources (i.e., eelgrass, shellfish, etc.) to redevelop in the area. Dredged material & discharge of dredged material: These are defined at 33 CFR 323.2(c) and (d). The term dredged material means material that is excavated or dredged from waters of the U.S. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s) but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: A stream with flowing water only during, and for a short duration, after precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Erosion Controls: Appropriate soil erosion, sediment and turbidity controls include cofferdams, bypass pumping around barriers immediately up and downstream of the work footprint (i.e., dam and pump), installation of sediment control barriers (i.e., silt fence, vegetated filter strips, geotextile silt fences, filter tubes, erosion control mixes, hay bales or other devices) downhill of all exposed areas, stream fords, retention of existing vegetated buffers, application of temporary mulching during construction, phased construction, and permanent seeding and stabilization, etc. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area (33 CFR 332.2). Expansions: Work that increases the footprint of fill, structures, depth of basin or drainage features, or floats, or slip capacity. Essential Fish Habitat (EFH): The Federal Magnuson-Stevens Fishery Management and Conservation Act broadly defines EFH to include those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. See www.greateratlantic.fisheries.noaa.gov/habitat for more information. Fill material & discharge of fill material: Material placed in waters of the U.S. where the material has the effect of either replacing any portion of a water of the U.S. with dry land or changing the bottom elevation of any portion of a water of the U.S. Fill material does not include any pollutant discharged into the water primarily to dispose of waste. These are defined at 33 CFR 323.2 (e) & (f). Federal navigation projects (FNPs): These areas are maintained by the USACE; authorized, constructed and maintained on the premise that they will be accessible and available to all on equal terms; and comprised of USACE Federal anchorages, Federal channels and Federal turning basins. The buffer zone is equal to three times the authorized depth of a FNP. The following are FNPs in MA and more information, including the limits, is provided at www.nae.usace.army.mil/missions/navigation >> Navigation Projects: Andrews River, Harwich, MA Aunt Lydia’s Cove Beverly Harbor Boston Harbor Buttermilk Bay Channel Canapitsit Channel Cape Cod Canal Chatham Harbor Cohasset Harbor Cross Rip Shoals, Nantucket Sound Cuttyhunk Harbor Dorchester Bay and Neponset River Duxbury Harbor Edgartown Harbor Essex River Fall River Harbor Falmouth Harbor Gloucester Harbor and Annisquam River Green Harbor Hingham Harbor Hyannis Harbor Ipswich River Island End River (Chelsea, MA) Kingston Harbor Lagoon Pond Little Harbor Woods Hole MA GPs 59 June 2023 Lynn Harbor Malden River Menemsha Creek Merrimack River Mystic River Nantucket Harbor of Refuge New Bedford and Fairhaven Harbor Newburyport Harbor Oak Bluffs Harbor Pigeon Cove Harbor Plymouth Harbor Pollock Rip Shoals, Nantucket Sound Provincetown Harbor Red Brook Harbor Rockport Harbor Salem Harbor Sandy Bay Harbor of Refuge Saugus River Scituate Harbor Sesuit Harbor Taunton River Vineyard Haven Harbor Wareham Harbor Wellfleet Harbor Westport River and Harbor Weymouth Back River Weymouth Fore and Town Rivers Winthrop Harbor Woods Hole Channel Flume: An open artificial water channel, in the form of a gravity chute, which leads water from a diversion dam or weir alongside a natural flow. A flume can be used to measure the rate of flow. FNP buffer zone: The buffer zone of a USACE Federal Navigation Project (FNP) is equal to three times the authorized depth of the FNP. Frac out: During horizontal directional drilling (HDD) operations, drilling fluid travels up the borehole into a pit. When the borehole becomes obstructed or the pressure becomes too great inside the borehole, the ground fractures and fluid escapes to the surface and may affect surface waters. Ground disturbance: Any activity that compacts, relocates, overturns, removes, mixes, or otherwise disturbs the ground, including under water. Ground disturbance can be caused by the use of hand tools (shovels, pick axe, posthole digger, etc.), heavy equipment (excavators, backhoes, bulldozers, dredgers, trenching and earthmoving equipment, etc.), and heavy trucks (large four wheel drive trucks, dump trucks and tractor trailers, etc.). Trenching, bulldozing, dredging, excavating, scraping, and plowing are typical examples of ground disturbance activities. Height:width ratio: The height of structures shall at all points be equal to or exceed the width of the deck. For the purpose of this definition, height shall be measured from the marsh substrate to the bottom of the longitudinal support beam. High Tide Line (HTL): The line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides 58 that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds. (33 CFR 328). Refer to the highest predicted tide for the current year at the nearest NOAA tide gage. https://tidesandcurrents.noaa.gov/ map/index.html Historic Property: Any prehistoric or historic site (including archaeological sites), district, building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Impacts: Direct Impacts: Effects that are caused by the activity and occur at the same time and place (40 CFR 1508.7). Indirect impacts: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Secondary impacts: Effects on an aquatic ecosystem that are associated with a discharge of dredged or fill materials, but do not result from the actual placement of the dredged or fill material. MA GPs 60 June 2023 Information about secondary effects on aquatic ecosystems shall be considered prior to the time final section 404 action is taken by permitting authorities. Some examples of secondary effects on an aquatic ecosystem are: aquatic areas drained, flooded, fragmented; fluctuating water levels in an impoundment and downstream associated with the operation of a dam; septic tank leaching and surface runoff from residential or commercial developments on fill; and leachate and runoff from a sanitary landfill located in waters of the U.S. See 40 CFR 230.11(h). Incidental Fallback: Incidental fallback is the redeposit of small volumes of dredged material that is incidental to excavation activity in waters of the U.S. when such material falls back to substantially the same place as the initial removal (33 CFR 323.2(d)(2)(iii)). In the dry: Work that is done under dry conditions, e.g., work behind cofferdams or when the stream or tide is waterward of the work. Independent utility: A test to determine what constitutes a single and complete non-linear project in the USACE Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Individual permit: A Department of the Army authorization that is issued following a case-by-case evaluation of a specific structure or work in accordance with the procedures of 33 CFR 322, or a specific project involving the proposed discharge(s) in accordance with the procedures of 33 CFR 323, and in accordance with the procedures of 33 CFR 325 and a determination that the proposed discharge is in the public interest pursuant to 33 CFR 320. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intertidal: The area in between mean low water and the high tide line. Living reef: See the definition of “artificial or living reef.” Living shoreline: A term used to describe a low-impact approach with a substantial biological component to shoreline protection and restoration along coastal shores, riparian zones, lacustrine fringe wetlands, or oyster or mussel reef structures. This approach integrates natural features to restore, enhance, maintain, or create habitat, functions, and processes while also functioning to mitigate flooding or shoreline erosion. Living shorelines may stabilize banks and shores with small fetch and gentle slopes that are subject to low-to mid-energy waves. A living shoreline has a footprint that is made up mostly of native material. It incorporates vegetation or other living, natural “soft” elements alone or in combination with some type of harder shoreline structure (e.g., oyster or mussel reefs or rock sills) for added protection and stability. Living shorelines should maintain the natural continuity of the land-water interface and retain or enhance shoreline ecological processes. Loss of waters of the United States: Waters of the U.S. that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. The loss of stream bed includes the acres of stream bed that are permanently adversely affected by filling or excavation because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the U.S. is a threshold measurement of the impact to jurisdictional waters or wetlands for determining whether a project may qualify for a GP; it is not a net threshold that is calculated after considering compensatory mitigation that maybe used to offset losses of aquatic functions and services. Waters of the U.S. temporarily filled, flooded, excavated, or drained, but restored to pre- construction contours and elevations after construction, are not included in the measurement of loss of waters of the U.S. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the U.S. MA GPs 61 June 2023 Maintenance: The repair, rehabilitation, or in-kind replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3 – “Activities occurring before certain dates,” provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Maintenance includes minor deviations in the structure’s configuration or filled area, including those due to changes in materials, construction techniques, or current construction codes or safety standards that are necessary to make repair, rehabilitation, or replacement are authorized. Currently serviceable means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Maintenance Exemption: In accordance with 33 CFR 323.4(a)(2), any discharge of dredged or fill material that may result from any of the following activities is not prohibited by or otherwise subject to regulation under Section 404 of the CWA: “Maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance does not include any modification that changes the character, scope, or size of the original fill design.” Mean high water: Line on the shore reached by the plane of the average high water. Where precise determination of the actual location of the line becomes necessary, it must be established by survey with reference to the available tidal datum, preferably averaged over a period of 18.6 years. Less precise methods, such as observation of the “apparent shoreline” which is determined by reference to physical markings, lines of vegetation, or changes in type of vegetation, may be used only where an estimate is needed of the line reached by the mean high water. Mechanized land clearing: Land clearing activities using mechanized equipment such as backhoes or bulldozers with sheer blades, rakes or discs constitute point source discharges and are subject to section 404 jurisdiction when they take place in wetlands or waters of the U.S (Regulatory Guidance Letter 90-05). Metallic mineral: Any ore or material to be excavated from the natural deposits on or in the earth for its metallic mineral content to be used for commercial or industrial purposes. “Metallic mineral” does not include thorium or uranium. Minor deviations: Deviations in the structure’s configuration or filled area, including those due to changes in materials, construction techniques, or current construction codes or safety standards, which are necessary to make repair, rehabilitation, or replacement are permitted, provided the adverse environmental effects resulting from such repair, rehabilitation, or replacement are minimal. Natural Rocky Habitats: Intertidal and subtidal substrates of pebble-gravel, cobble, boulder, or rock ledge and outcrops. Manufactured stone (e.g., cur or engineered riprap) is not considered a natural rocky habitat. Natural rocky habitats are either found as pavement (consolidated pebble- gravel, cobble, or boulder areas) or as a mixture with fines (i.e., clay and sand) and other substrates. Rocky habitats as EFH are defined as follows: (1) All pebble-gravel, cobble, or boulder pavements; (2) Pebble-gravel mixed with fines: mixed substrate of pebble-gravel and fines where pebble-gravel is an evident component of the substrate (either through visual observation or within sediment samples). Sediment samples with a content of 10% or more of pebble-gravel in the top layer (6-12 inches) should be delineated; (3) Scattered cobble, scattered boulder, scattered cobble/boulder: mixed substate of cobble and/or boulder and other substrates. The aerial extent of cobbles and/or boulders should be delineated; and (4) All rock ledge outcrops: area should be delineated along the edge of the ledge/outcrop (as defined by NMFS Habitat and Ecosystems Services Branch, Gloucester, MA). Navigable waters or Navigable waters of the U.S.: These waters are subject to section 10 of the Rivers and Harbors Act of 1899 and are defined as those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce (33 CFR Part 329). Work or structures in navigable MA GPs 62 June 2023 waters require permits pursuant to §9 and §10 of the Rivers and Harbors Act of 1899. Also see the definition of “waters of the U.S.” below. Note: Currently the following non-tidal waters have been determined to be navigable waters of the U.S. subject to permit jurisdiction in Massachusetts: Merrimack River, Connecticut River, and Charles River to the Watertown Dam. Nearshore disposal: This is defined in the USACE Coastal Engineering Manual as “(1) In beach terminology an indefinite zone extending seaward from the shoreline well beyond the breaker zone. (2) The zone which extends from the swash zone to the position marking the start of the offshore zone, typically at water depths of the order of 20m.” A nearshore berm is an artificial berm built in shallow water using dredged material. Often, the berm is intended to renourish the adjacent and downdrift shore over time under the influence of waves and currents. Non-regulated activity: Only structures or fills that were previously authorized and are in compliance with the terms and condition of the original authorization can be maintained as a non- regulated activity under 33 CFR 323.4(a)(2). Minor deviations from the previously authorized footprint do not qualify as a non-regulated activity and require new authorization from the USACE. The state’s maintenance provisions may differ from the USACE and a project may require reporting and written authorization from the state. Non-tidal wetlands: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the HTL (i.e., spring HTL). Also see the definition of “Waters of the U.S.” below. Oil or natural gas pipeline: Any pipe or pipeline for the transportation of any form of oil or natural gas, including products derived from oil or natural gas, such as gasoline, jet fuel, diesel fuel. heating oil, petrochemical feedstocks, waxes, lubricating oils, and asphalt. Ordinary High Water Mark (OHWM): A line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas. See 33 CFR 328.3(e). Overall project: The overall project, for purposes of these GPs, includes all regulated activities that are reasonably related and necessary to accomplish the project purpose. Also see the definition of “single and complete linear project.” Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Permanent impacts: Permanent impacts means waters of the U.S. that are permanently affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent impacts include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. Preconstruction notification (PCN): A request submitted by the applicant to the USACE for confirmation that a particular activity is authorized by these GPs. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Preconstruction notification may be required by the terms and conditions of these GPs. A PCN may be voluntarily submitted in cases where PCN is not required and the applicant wants confirmation that the activity is authorized under these GPs. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions (33 CFR 332.2). Real estate subdivision: Includes circumstances where a landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or MA GPs 63 June 2023 developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision, including all parcels and parts thereof Reconfiguration zone: A USACE authorized area in which permittees may rearrange pile- supported structures and floats without additional authorizations. A reconfiguration zone does not grant exclusive privileges to an area or an increase in structure or float area. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/ historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in again in aquatic resource area and functions (33 CFR 332.2). Reference Site: Reference sites - Compensatory restoration, rehabilitation, and creation mitigation projects should seek to duplicate the features of reference aquatic resources or enhance connectivity with adjacent natural upland and aquatic resource landscape elements. Performance standards related to reference sites are encouraged. Mitigation project sites must be selected based on their ability to be, and continue to be, resistant to disturbance from the surrounding landscape, by locating them adjacent to refuges, buffers, green spaces, and other preserved natural elements of the landscape. In general, aquatic resource mitigation projects must be designed to be self-sustaining, natural systems within the landscape and climate in which they are located, with little or no ongoing maintenance and/or hydrologic manipulation. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area (33 CFR 332.2). Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation (33 CFR 332.2). Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Sedimentation: Sedimentation is defined as the process of deposition of a solid material from a state of suspension. Deposited sediments may accumulate and have temporal impacts to aquatic resource areas. See secondary effects definition above. For the purposes of this document, “greater than minimal sedimentation” is generally not considered to occur when using proper erosion controls (GC 25) or when sedimentation is considered “de minimis” 33 CFR 323.2(d)(5). Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/ developer or partnership or other association of owners/developers that includes all crossings of a single water of the U.S. (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for the purposes of these GPs. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete MA GPs 64 June 2023 non-linear project must have independent utility (see the definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in a GP authorization. Special aquatic sites (SAS): These include inland and saltmarsh wetlands, mud flats, vegetated shallows, sanctuaries and refuges, coral reefs, and riffle and pool complexes. These are defined at 40 CFR 230.3 and listed in 40 CFR 230 Subpart E. Streambed: The stream substrate between the OHW marks on each side. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the streambed, but outside of the OHW marks, are not considered part of the streambed. Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the U.S. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Temporal loss: The time lag between the loss of aquatic resource functions caused by the permitted impacts and the replacement of aquatic resource functions at the compensatory mitigation site(s) (33 CFR 332.2). Temporary impacts: Temporary impacts include, but are not limited to, jurisdictional waters that are temporarily filled, flooded, excavated, or drained because of the regulated activity. Impacts are considered temporary when they are removed immediately upon completion of the activity. Note: An impact is considered temporary when the aquatic resource is restored to pre-project conditions, but effects to archaeological and/or cultural resources may be permanent in duration. Tidal wetlands: A wetland that is subject to the ebb and flow of the tide. See the definition of “Waters of the U.S.” below. Tide gates: Structures such as duckbills, flap gates, manual and self-regulating tide gates, etc. that regulate or prevent upstream tidal flows. Turbidity: A measure of the level of particles such as sediment, plankton, or organic by-products, in a body of water. As the turbidity of water increases, it becomes denser and less clear due to a higher concentration of these light-blocking particles. Suspended solids are more likely to carry toxic chemicals, and can also negatively affect aquatic organisms, water temperature, and dissolved oxygen levels. Utility line: Any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose that is not oil, natural gas, or petrochemicals. A utility line also includes any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and radio and television communication. The term ‘utility line’ does not include activities that drain a water of the U.S., such as drainage tile or French drains, but it does apply to pipes conveying drainage from another area. Vegetated shallows: Permanently inundated areas that under normal circumstances support communities of rooted aquatic vegetation, such as eelgrass (Zostera marina) and widgeon grass (Rupia maritima) in marine systems (does not include salt marsh) as well as a number of freshwater species in rivers and lakes. These are a type of SAS defined at 40 CFR 230.43. Vegetated shallows are commonly referred to as submerged aquatic vegetation or SAV. Vegetated shallow survey guidance is located at www.nae.usace.army.mil/missions/regulatory /jurisdiction- and-wetlands. Maps of vegetated shallows in Massachusetts are located at www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit. Vernal pools: For the purposes of these GPs, vernal pools are depressional wetland basins that typically dry up in most years and may contain inlets or outlets, typically of intermittent flow. Vernal pools range in both size and depth depending upon landscape position and parent material(s). In MA GPs 65 June 2023 most years, vernal pools support one or more of the following obligate indicator species: wood frog, spotted salamander, blue-spotted salamander, marbled salamander, Jefferson’s salamander and fairy shrimp. However, they should preclude sustainable populations of predatory fish. Water diversions: Water diversions are activities such as bypass pumping (e.g., “dam and pump”) or water withdrawals. Temporary flume pipes, culverts or cofferdams where normal flows are maintained within the stream boundary’s confines aren’t water diversions. “Normal flows” are defined as no change in flow from pre-project conditions. Waters of the United States (U.S.) These waterbodies are the waters where permits are required for the discharge of dredged or fill material pursuant to §404 of the CWA. These waters include but are not limited to navigable waters of the U.S. and tidal wetlands and include many non-tidal wetlands and other waterbodies. See definitions for navigable waters of the U.S., tidal wetlands, waterbody, and non-tidal wetlands. (33 CFR 328) Waterbody: Examples of “waterbodies” include oceans, coastal waters, rivers, streams, ditches, lakes, ponds, and wetlands. If a wetland is adjacent to a waterbody determined to be a water of the U.S., that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Weir: A barrier across a river designed to alter the flow characteristics. In most cases, weirs take the form of a barrier, smaller than most conventional dams, across a river that causes water to pool behind the structure and allows water to flow over the top. Weirs are commonly used to alter the flow regime of a river, prevent flooding, measure discharge and help render a river navigable. Wetland: Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The Corps of Engineers Wetlands Delineation Manual in conjunction with the associated regional supplement should be used to determine if a wetland is present and delineate wetland boundaries. MA GPs 66 June 2023 Acronyms BMPs Best Management Practices BUAR Massachusetts Board of Underwater Archaeological Resources CWA Clean Water Act CZM Coastal Zone Management EPA U.S. Environmental Protection Agency ESA Endangered Species Act EFH Essential Fish Habitat FNP Federal Navigation Project GC General Condition GP General Permit HTL High Tide Line IP Individual Permit LID Low impact development MassDEP Massachusetts Department of Environmental Protection MA DMF Massachusetts Division of Marine Fisheries MHC Massachusetts Historical Commission MHW Mean High Water MLLW Mean Lower Low Water MLW Mean Low Water NHPA National Historic Preservation Act NMFS National Marine Fisheries Service OHW Ordinary High Water Mark PCN Preconstruction Notification SAS Special Aquatic Sites SF Square Feet SV Self-Verification SHPO State Historic Preservation Officer THPO Tribal Historic Preservation Officer USFWS U.S. Fish and Wildlife Service USCG U.S. Coast Guard USFS U.S. Forest Service USGS U.S. Geological Service WQC Water Quality Certification MA GPs 67 June 2023 Appendix A: Guidance for NHPA Section 106 Compliance in Massachusetts 1. Purpose & Applicability Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA) (54 U.S.C § 306108), requires Federal agencies to take into account the effects of their undertakings on Historic Properties and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on such undertakings. Therefore, in order for an activity to be eligible for authorization under the 2023 Massachusetts General Permit, the USACE must consider the effect the activity may have on historic properties. Historic properties may include, but are not limited to, historic districts, archaeological districts, sites, buildings, structures, objects, sacred sites, traditional cultural places, and traditional cultural landscapes that are included in, or eligible for inclusion in, the National Register of Historic Places (NRHP). This guidance applies to projects that require authorization under Section 404 of the Clean Water Act (33 U.S.C. § 1344) and/or Section 10 of the Rivers and Harbors Act (33 U.S.C. §403) and will assist applicants when evaluating and documenting the presence of historic properties within or near their project site(s). The prospective applicant will evaluate their proposed project using the criteria below to determine if their project has the potential to affect historic properties and if so, whether or not historic properties are present or are likely to be present. All activities authorized under these GPs shall follow the terms outlined in General Condition 14: Historic Properties and General Condition 6: Tribal Rights & Burial Sites. Prospective applicants shall complete their due diligence according to the procedures below for their application to be deemed complete. 2. No Potential to Affect Historic Properties Certain activities do not have the potential to cause effects on historic properties, assuming such historic properties were present, based on the nature of the activity and site-specific conditions. Therefore, these activities do not require historic property identification efforts or notification of the SHPO, THPOs, and/or BUAR under Section 106. The USACE has determined the following activities within the stated parameters have no potential to affect historic properties: General Permit Activity Parameters 1 Temporary buoys, markers and similar structures that are placed during winter events on ice and removed before spring thaw. 2 Repair or rehabilitation of structures that are less than 45 years in age. Any temporary structures or fills or work necessary to complete repairs or rehabilitation must not result in any ground disturbance. 3 Maintenance and replacement of moorings that are less than 45 years in age. 6 Maintenance, repair, replacement, or removal of utility lines, oil or natural gas pipelines, outfall or intake structures, and/or appurtenant features that are less than 45 years in age when all access, staging, and ground disturbance is strictly limited to previously disturbed areas (including any previous ground disturbance). Replacement must be in kind or smaller in size. Installation of tide gates on outfall structures that are less than 45 years in age. 7 Maintenance dredging of previously dredged areas where dredging does not extend beyond the original bottom elevations. MA GPs 68 June 2023 Disposal of dredged material at an existing established and USACE-approved confined aquatic disposal cell. Beach nourishment in ongoing existing nourishment areas. 11 Fish and wildlife harvesting and attraction devices and activities. 13 Cleanup of hazardous and toxic waste materials, including contaminated sediments, that are less than 45 years in age. 16 Removal of land-based and water-based renewable energy generation facilities and hydropower projects that are less than 45 years in age. 18 Installation of buoys, floats, racks, trays, nets, lines, tubes, containers, and other structures for previously authorized by the USACE and ongoing aquaculture activities. Discharges of dredged or fill material into tidal or non-tidal waters necessary for shellfish seeding, rearing, cultivating, transplanting, and harvesting activities for previously authorized and ongoing aquaculture activities. 20 Maintenance activities for existing living shorelines excluding maintenance activities that require new ground disturbance such as excavation or re-sloping of the bank/shoreline. 22 Reshaping or maintenance of existing drainage ditches less than 45 years in age excluding ditch enlargement. 23 Placement of temporary and removable linear transportation and wetland/stream crossings that have no ground disturbance prior to placement, during placement, and during removal (i.e., placed on the surface and subsequently removed within one year of placement). 24 Placement of temporary and removable crossings and cofferdams that have no ground disturbance prior to placement, during placement, and during removal (i.e., placed on the surface and subsequently removed within one year of placement). 25 Emergency repair of existing structures and/or fills less than 45 years in age. 3. Historic Property Identification If the activity does not fit under the criteria above, the following historic property identification efforts must be completed to demonstrate compliance with Section 106 of the NHPA. This includes documenting previously identified and unidentified historic properties in the project area. a. Previously Identified Historic Properties: The prospective applicant shall document if previously identified historic properties are present on or adjacent to the project site by notifying the Massachusetts Historical Commission (MHC) and the Massachusetts Board of Underwater Archaeological Resources (BUAR), as appropriate, of the proposed project. The MHC and BUAR will check their records for the presence of any previously identified historic properties. The following outlines how prospective applicants should notify the MHC and BUAR. MA GPs 69 June 2023 i. The prospective applicant will notify the SHPO and BUAR to identify any previously recorded cultural resources. Applicants shall mail a completed Project Notification Form18, project narrative, location (coordinates), plans, soil maps, and information on known cultural resources to the MHC. The MHC does not accept submissions via email. Applicants shall email or mail this information to the BUAR when the activity is located in lakes, ponds, rivers, and/or navigable waters in MA. Emailed file attachments should be <10MB. Any files >10MB shall be delivered via a file exchange system or the hard copy documents shall be mailed. Preferred contact information is listed below. ii. When sending this information, applicants must also document proof of receipt OR proof the information was delivered. Proof of receipt constitutes a certified mail receipt, read email receipt, or other mail/email/online tracking services that document the information has reached the intended recipient(s). Proof the information was delivered constitutes a certificate of mailing, email delivery receipt, or other mail/email/online services that document the information was sent at a particular time. When using proof of delivery such (e.g., certificate of mailing), applicants should add 5 days to the 30-day notification period so the mail has time to reach its intended recipient. When using proof of receipt, the applicant may begin the 30-day notification period from the date received by the intended recipient. iii. When mailing or emailing the application materials, applicants should include the following statement: “Please send responses to this notification directly to the USACE via email: cenae-r- ma@usace.army.mil or address regular mail responses to: Regulatory Division, U.S. Army Corps of Engineers, New England District, 696 Virginia Road, Concord, Massachusetts 01742-2751.” Email responses to the USACE are strongly preferred. The SHPO and BUAR will contact the USACE and cc the applicant(s) within 30 days of receiving the notification if their records indicate that historic properties are located in the project vicinity, and if additional review and/or surveys are recommended to ensure NHPA compliance. If the SHPO and/or BUAR do not respond within 30 days of receiving the notification, is it presumed that no known historic properties are present. b. Previously Unidentified Historic Properties: The prospective applicant shall evaluate the project site and determine the sensitivity for the presence of historic properties if the project site has not been previously surveyed for cultural resources within the last 10 years. If the sensitivity is determined to be moderate to high, an intensive archaeological and/or architectural survey is required to investigate the potential presence of historic properties. The individual conducting this survey must meet the Secretary of the Interior’s Standards for Professional Qualifications (48 FR 44738-44739) in the discipline relevant to a particular resource type. For example, archeologists should not document and evaluate buildings or structures and architectural historians should not document and evaluate archaeological sites. The identification and qualifications for those participating in any survey and evaluation of resources should be included with the survey results. The criteria listed below are indicators of low sensitivity for the presence of historic properties for consideration when determining if an archaeological or architectural survey is needed. Low sensitivity indicators: • Previous archaeological and/or architectural survey within the last 10 years with negative results. • In a location created in modern times (i.e., built on fill placed within the last 45 years or within an area excavated within the last 45 years). • USACE has reviewed the project description and determined that a survey is not warranted based on the proposed activity and its location. State survey guidance and standards are provided in the September 1995 Historic Properties Survey Manual Guidelines for the Identification of Historical and Archaeological Resources in Massachusetts available. State survey guidance and standards for underwater surveys are provided 18 https://www.sec.state.ma.us/mhc/mhcform/formidx.htm MA GPs 70 June 2023 in the Board of Underwater Archaeological Resources’ 2022 Policy Guidance on Archaeological Investigations and Related Survey Standards for the Discovery of Underwater Archaeological Resources. This guidance is available on the NAE Regulatory website: https://www.nae.usace. army.mil/Missions/Regulatory/State-General-Permits/Massachusetts-General-Permit/. Please note, a negative result from MHC and/or BUAR does not necessarily mean no historic properties are present. Often proposed project sites have not been previously subject to a survey, so historic properties which may be present have not been previously recorded. 4. Tribal Coordination Prospective applicants shall mail the Project Notification Form, project narrative, location (coordinates), plans with locus map, soil maps, and information on cultural resources to the Wampanoag Tribe of Gay Head (Aquinnah), Mashpee Wampanoag Tribe, Narragansett Indian Tribe, and/or Stockbridge-Munsee Community Band of Mohican Indians with interests in the project location. Preferred tribal contact information, including their respective areas of interest, can be found below. Applicants shall follow the same procedures as identified in Section 3(a)i-iii above when notifying Tribes of the proposed activity. Applicants shall provide the USACE with any responses received from the tribe(s) with their PCN application. If a tribe does not respond within 30 days of receiving the notification, the applicant shall provide USACE with all documentation of tribal outreach with their SV or PCN submission (e.g., emails, letters, phone call log, etc.). If the tribe indicates the presence of a previously unrecorded cultural resource, including a traditional cultural property (TCP) or traditional cultural landscape (TCL), a PCN is required. 5. Effect Determination The project may have the potential to affect historic properties and/or tribal resources if 1) notification recipients respond within 30 calendar days of notification with concerns, 2) historic properties eligible for listing, or potentially eligible for listing in the NRHP, are present or 3) tribal resources are known to be present. The USACE may need to further review the project to confirm potential effects to historic properties and/or tribal resources. A PCN is required for any activity that may affect a historic property. The USACE may determine the project will have ‘no effect’ on historic properties (i.e., no historic properties affected) when procedures outlined in Section 3 above are followed and no cultural resources are identified. Similarly, if historic properties are identified and will be completely avoided, the USACE may determine ‘no effect.’ 6. Contact Information: Massachusetts Historical Commission The Massachusetts Archives Building 220 Morrissey Boulevard Boston, Massachusetts 02125 No email. Applicants or their representatives must send project information via certified mail and submit the certified mail receipt to the USACE or send via regular mail and submit proof of delivery. Area of concern: All of Massachusetts. MA GPs 71 June 2023 Massachusetts Board of Underwater Archaeological Resources (BUAR) 100 Cambridge Street, Suite 900 Boston, Massachusetts 02114 Email: david.s.robinson@mass.gov Applicants or their representatives must send project information via email (strongly preferred) or regular mail and provide proof of receipt or proof of delivery. Area of concern: All waterbodies in Massachusetts. Wampanoag Tribe of Gay Head (Aquinnah) Bettina Washington Tribal Historic Preservation Officer (THPO) 20 Black Brook Road Aquinnah, Massachusetts 02535 Email: thpo@wampanoagtribe-nsn.gov Applicants or their representative must send project information via email (preferred) or regular mail and provide proof of receipt or proof of delivery. Area of concern: All of Massachusetts. Mashpee Wampanoag Tribe ATTN: David Weeden Tribal Historic Preservation Officer (THPO) 483 Great Neck Road South Mashpee, Massachusetts 02649 Email: 106review@mwtribe-nsn.gov Cc: David.weeden@mwtribe-nsn.gov Applicants or their representative must send project information via email (preferred) or regular mail and provide proof of receipt or proof of delivery. Area of concern: All of Massachusetts. Narragansett Indian Tribe ATTN: John Brown Tribal Historic Preservation Officer (THPO) Narragansett Indian Longhouse 4425 South County Trail Charlestown, Rhode Island 02813 Email: tashtesook@aol.com Applicants or their representative must send project information via email (preferred) or regular mail and provide proof of receipt or proof of delivery. Area of concern: Massachusetts east of the Connecticut River. MA GPs 72 June 2023 Stockbridge-Munsee Community Band of Mohican Indians ATTN: Jeff Bendremer Tribal Historic Preservation Manager Stockbridge-Munsee Community Tribal Historic Preservation Extension office 86 Spring Street Williamstown, Massachusetts 01267 Email: thpo@mohican-nsn.gov Applicants or their representative must send project information via email (preferred) or regular mail and provide proof of receipt or proof of delivery. Area of concern: West of the Connecticut River and Northfield, Montague, Miller’s Falls, Turner’s Falls, Sunderland, Amherst, Hadley, South Hadley, Chicopee, Springfield and Longmeadow. MA GPs 73 June 2023 APPENDIX B PRE-CONSTRUCTION NOTIFICATION U.S. Army Corps of Engineers (USACE), New England District (NAE) PRE-CONSTRUCTION NOTIFICATION (PCN) DATA REQUIRED BY THE PRIVACY ACT OF 1974 Authority Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose The information provided will be used in evaluating activities under Pre-Construction Notification procedures within New England. Routine Uses Disclosure Instructions This information may be shared with other federal, state, and local government agencies during the application review process. Submission of requested information is voluntary. However, if information is not provided the PCN application cannot be fully evaluated nor can USACE render a permit decision. The applicant must complete ALL required sections of this document before their submission to USACE. The PCN submission to USACE shall include one set of drawings which show the location and character of the proposed activity, statements that address each required field below, and documentation that supports each field (e.g., emails, letters, description/narrative, phone calls, surveys, reports, etc.). Electronic submissions to the following address are strongly preferred: cenae-r-ma@usace.army.mil. The email subject line shall contain the following: General Permit #, PCN, City/Town, and date submitted. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY USACE) 1.APPLICATION NO. 2.FIELD OFFICE CODE 3.DATE RECEIVED 4.DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) Middle - Last - 8.AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Middle - Last - Company - E-mail Address - 5.APPLICANT'S NAME First - Company - E-mail Address - 6.APPLICANT'S ADDRESS:9.AGENT'S ADDRESS: Address-Address- City - State - Zip - Country - City - State - Zip - Country - 7.APPLICANT'S PHONE NOs. with AREA CODE a.Residence b.Business c.Fax d.Mobile 10.AGENT'S PHONE NOs. with AREA CODE a.Residence b.Business c.Fax d.Mobile STATEMENT OF AUTHORIZATION 11.I hereby authorize, to act on my behalf as my agent in the processing of this general permit PCN application and to furnish, upon request, supplemental information in support of this general permit PCN application. SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12.PROJECT NAME or TITLE (see instructions) 13.NAME OF WATERBODY, IF KNOWN (if applicable)14. PROPOSED ACTIVITY STREET ADDRESS (if applicable) City: State: Zip: 15. LOCATION OF PROPOSED ACTIVITY (see instructions) Latitude: °N Longitude: °W Page 2 of 6 16.OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID: Municipality: Section: Township: Range: 17.DIRECTIONS TO THE SITE. 18. IDENTIFY THE SPECIFIC GENERAL PERMIT(S) YOU PROPOSE TO USE: 19. DESCRIPTION OF PROPOSED GENERAL PERMIT ACTIVITY (see instructions) 20. DESCRIPTION OF PROPOSED MITIGATION MEASURES (see instructions) 21. PURPOSE OF GENERAL PERMIT ACTIVITY (Describe the reason or purpose of the project, see instructions) 22. Quantity of Wetlands, Streams, or Other Types of Waters Directly Affected by Proposed General Permit Activity (see instructions) Area (square feet) Length (linear feet) Volume (cubic yards) Duration Purpose Each PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. 23.List any other GP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project on any related activity (see instructions) 24. If the proposed activity will result in the loss of aquatic resources that exceed those identified in the New England District Compensatory Mitigation Thresholds, explain how the compensatory mitigation requirement will be satisfied. (see instructions) Page 3 of 6 25.Is Any Portion of the General Permit Activity Already Complete?Yes No If Yes, describe the completed work: 26.List the name(s) of any species listed as endangered or threatened under the Endangered Species Act that might be affected by the proposed GP activity or utilize the designated critical habitat that might be affected by the proposed GP activity. (see instructions) 27.List any historic properties that have the potential to be affected by the proposed GP activity or include a vicinity map indicating the location of the historic property or properties. Attach relevant project information, along with any responses received from project notifications to this submittal. (see instructions) 28. For a proposed GP activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, identify the Wild and Scenic River or the “study river”: 29.If the proposed GP activity also requires permission from the USACE pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, have you submitted a written request for section 408 permission from the USACE district having jurisdiction over that project? Yes No If “yes”, please provide the date your request was submitted to the USACE District: 30.Does the activity require a 401 Water Quality Certification (WQC)? If so, specify the type of 401 WQC that is required (general or individual). In cases where an individual 401 WQC is required, provide the date the 401 WQC certification request was submitted to the certifying authority and their contact information. 31.If the terms of the GP(s) you want to use require additional information to be included in the PCN (i.e. sampling and analysis plan), please include that information in this space or provide it on an additional sheet of paper marked Block 30. (see instructions) 32.I certify that the information in this pre-construction notification is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Pre-Construction Notification must be signed by the person who desires to undertake the proposed activity (applicant) and, if the statement in block 11 has been filled out and signed, the authorized agent. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. Page 4 of 6 Instructions for Preparing a Department of the Army General Permit (GP) Pre-Construction Notification (PCN) Blocks 1 through 4. To be completed by the U.S. Army Corps of Engineers. Block 5. Applicant’ Name. Enter the name and the e-mail address of the responsible party or parties. If the responsible party is an agency, company, corporation, or other organization, indicate the name of the organization and responsible officer and title. If more than one party is associated with the PCN, please attach a sheet of paper with the necessary information marked Block 5. Block 6. Address of Applicant. Please provide the full address of the party or parties responsible for the PCN. If more space is needed, attach an extra sheet of paper marked Block 6. Block 7. Applicant Telephone Number(s). Please provide the telephone number where you can usually be reached during normal business hours. Blocks 8 through 11. To be completed, if you choose to have an agent. Block 8. Authorized Agent’s Name and Title. Indicate name of individual or agency, designated by you, to represent you in this process. An agent can be an attorney, builder, contractor, engineer, consultant, or any other person or organization. Note: An agent is not required. Blocks 9 and 10. Agent’s Address and Telephone Number. Please provide the complete mailing address of the agent, along with the telephone number where they can be reached during normal business hours. Block 11. Statement of Authorization. To be completed by the applicant, if an agent is to be employed. Block 12. Proposed General Permit Activity Name or Title. Please provide a name identifying the proposed GP activity, e.g., Windward Marina, Rolling Hills Subdivision, or Smith Commercial Center. Block 13. Name of Waterbody. Please provide the name (if it has a name) of any stream, lake, marsh, or other waterway to be directly impacted by the GP activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters. Block 14. Proposed Activity Street Address. If the proposed GP activity is located at a site having a street address (not a box number), enter it in Block 14. Block 15. Location of Proposed Activity. Enter the latitude and longitude of where the proposed GP activity is located. Indicate whether the project location provided is the center of the project or whether the project location is provided as the latitude and longitude for each of the “corners” of the project area requiring evaluation. If there are multiple sites, please list the latitude and longitude of each site (center or corners) on a separate sheet of paper and mark as Block 15. Block 16. Other Location Descriptions. If available, provide the Tax Parcel Identification number of the site, Section, Township, and Range of the site (if known), and / or local Municipality where the site is located. Block 17. Directions to the Site. Provide directions to the site from a known location or landmark. Include highway and street numbers as well as names. Also provide distances from known locations and any other information that would assist in locating the site. You may also provide a description of the location of the proposed GP activity, such as lot numbers, tract numbers, or you may choose to locate the proposed GP activity site from a known point (such as the right descending bank of Smith Creek, one mile downstream from the Highway 14 bridge). If a large river or stream, include the river mile of the proposed GP activity site if known. If there are multiple locations, please indicate directions to each location on a separate sheet of paper and mark as Block 17. Block 18. Identify the Specific General Permit(s) You Propose to Use. List the number(s) of the General Permit(s) you want to use to authorize the proposed activity (e.g., GP 4). Block 19. Description of the Proposed General Permit Activity. Describe the proposed GP activity, including the direct and indirect adverse environmental effects of the proposed activity. The description of the proposed activity should be sufficiently detailed for USACE to determine that the adverse environmental effects of the activity will be no more than minimal. Identify the materials to be used in construction, as well as the methods by which the work is to be done. Provide drawings to show that the proposed GP activity complies with the terms of the applicable GP(s). Drawings should contain sufficient detail to provide an illustrative description of the proposed GP activity, but do not need to be detailed engineering plans. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to do. If more space is needed, attach an extra sheet of paper marked Block 19. Block 20: Description of Proposed Mitigation Measures. Describe any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed GP activity. The description of any proposed mitigation measures should be sufficiently detailed for USACE to determine how the measures would avoid and minimize adverse environmental effects. If adverse effects exceed the New England District compensatory mitigation thresholds, you must document how compensatory mitigation would be satisfied in Block 24. Block 21. Purpose of General Permit Activity. Describe the purpose and need for the proposed GP activity. What will it be used for and why? Also include a brief description of any related activities associated with the proposed project. Provide the approximate dates you plan to begin and complete all work. Page 5 of 6 Block 22. Quantity of Wetlands, Streams, or Other Types of Waters Directly Affected by the Proposed General Permit Activity. For discharges of dredged or fill material into Waters of the U.S., provide the amount of wetlands, streams, or other types of waters filled, flooded, excavated, or drained by the proposed GP activity. For structures or work in Navigable Waters of the U.S. subject to Section 10 of the Rivers and Harbors Act of 1899, provide the amount of navigable waters filled, dredged, occupied by one or more structures (e.g., aids to navigation, mooring buoys) by the proposed GP activity. The area of impact includes the structures or fills with direct or indirect effects to waters of the U.S. The length of impact includes the length of a stream, including is banks, that are directly affected by the structures or fills. The duration of impact should be identified as temporary (xx days) or permanent. The impact purpose should briefly describe what structure or fill is responsible for the impact. Block 23. Identify Any Other General Permit(s), Regional General Permit(s), or Individual Permit(s) Used to Authorize Any Part of Proposed Activity or Any Related Activity. List any other GP(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. For linear projects, list other separate and distant crossings of waters and wetlands authorized by these GPs that do not require PCNs. If more space is needed, attach an extra sheet of paper marked Block 23. Block 24. Compensatory Mitigation Statement for Losses Greater Than the New England District Compensatory Mitigation Thresholds. New England District requires compensatory mitigation at a minimum one for one replacement ratio or greater for all aquatic resource losses that require a PCN and exceed the New England District Compensatory Mitigation Thresholds, unless USACE determines in writing that either some other form of mitigation is more environmentally appropriate or the adverse environmental effects of the proposed GP activity are no more than minimal without compensatory mitigation, and provides an activity specific waiver of this requirement. Describe the proposed compensatory mitigation for wetland losses greater than the New England District Compensatory Mitigation Thresholds or provide an explanation of why USACE should not require wetland compensatory mitigation for the proposed GP activity. If more space is needed, attach an extra sheet of paper marked Block 24. Block 25. Is Any Portion of the General Permit Activity Already Complete? Describe any work that has already been completed for the GP activity. Block 26. List the Name(s) of Any Species Listed As Endangered or Threatened under the Endangered Species Act that Might be Affected by the General Permit Activity. If you are not a federal agency, and if any listed species or designated critical habitat might be affected or is in the vicinity of the proposed GP activity, or if the proposed GP activity is located in designated critical habitat, list the name(s) of those endangered or threatened species that might be affected by the proposed GP activity or utilize the designated critical habitat that might be affected by the proposed GP activity. If you are a Federal agency, and the proposed GP activity requires a PCN, you must provide documentation demonstrating compliance with Section 7 of the Endangered Species Act. Block 27. List Any Historic Properties that Have the Potential to be Affected by the General Permit Activity. If you are not a federal agency, and if any historic properties have the potential to be affected by the proposed GP activity, list the name(s) of those historic properties that have the potential to be affected by the proposed GP activity. Provide all relevant documentation about these historic properties in the PCN submittal. If you are a Federal agency, and the proposed GP activity requires a PCN, you must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. Block 28. List the Wild and Scenic River or Congressionally Designated Study River if the General Permit Activity Would Occur in such a River. If the proposed GP activity will occur in a river in the National Wild and Scenic River System or in a river officially designated by Congress as a “study river” under the Wild and Scenic Rivers Act, provide the name of the river. For a list of Wild and Scenic Rivers and study rivers, please visit http://www.rivers.gov/ Block 29. General Permit Activities that also Require Permission from the USACE Under 33 U.S.C. 408. If the proposed GP activity also requires permission from the USACE under 33 U.S.C. 408 because it will temporarily or permanently alter, occupy, or use a USACE federal authorized civil works project, indicate whether you have submitted a written request for section 408 permission from the USACE district having jurisdiction over that project. Block 30. 401 Water Quality Certification. As described above, specify if the activity requires a 401 WQC from the certifying authority. Block 31. Other Information Required For General Permit Pre Construction Notifications. The terms of some of the General Permits include additional information requirements for preconstruction notifications: *Maintenance – information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. * Temporary Construction, Access, and Dewatering – a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions. * Repair of Uplands Damaged by Discrete Events – documentation, such as a recent topographic survey or photographs, to justify the extent of the proposed restoration. * Commercial Shellfish Aquaculture Activities – (1) a map showing the boundaries of the project area, with latitude and longitude coordinates for each corner of the project area; (2) the name(s) of the species that will be cultivated during the period this GP is in effect; (3) whether canopy predator nets will be used; (4) whether suspended cultivation techniques will be used; and (5) general water depths in the project area (a detailed survey is not required).Dredging – (1) a proposed sampling and analysis plan shall be provided to USACE for approval prior to its execution. Pre-application meetings are encouraged. * Beach Nourishment – sediment grain size should be determined for the length of the beach where nourishment is proposed. The frequency and locations of sediment sampling shall be sufficient to identify the sediment composition of the beach profile. This data shall be consolidated to generate a sediment gradation curve for each sampled transect. Each sampled transect should also be identified on the project plans (drawings). If more space is needed, attach an extra sheet of paper marked Box 31. Page 6 of 6 Block 32. Signature of Applicant or Agent. The PCN must be signed by the person proposing to undertake the GP activity, and if applicable, the authorized party (agent) that prepared the PCN. The signature of the person proposing to undertake the GP activity shall be an affirmation that the party submitting the PCN possesses the requisite property rights to undertake the GP activity (including compliance with special conditions, mitigation, etc.). DELINEATION OF WETLANDS, OTHER SPECIAL AQUATIC SITES, AND OTHER WATERS Each PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current wetland delineation manual and regional supplement published by the USACE. The permittee may ask the USACE to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the USACE does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. The 60-day PCN review period will not start until a delineation has been completed. DRAWINGS AND ILLUSTRATIONS General Information. Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are identified as a Vicinity Map, a Plan View or a Typical Cross Section Map. Identify each illustration with a figure or attachment number. For linear projects (e.g. roads, subsurface utility lines, etc.) gradient drawings should also be included. Please submit one copy of all drawings on 8½ x 11 inch plain white paper (electronic submissions preferred). Use the fewest number of sheets necessary for your drawings or illustrations. Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view, or cross section). While illustrations need not be professional (many small, private project illustrations are prepared by hand), they should be clear, accurate, and contain all necessary information. ADDITIONAL INFORMATION AND REQUIREMENTS For proposed GP activities that involve discharges into waters of the United States, water quality certification from the State, Tribe, or EPA must be obtained or waived. Some States, Tribes, or EPA have issued water quality certification for one or more GPs. Please check the New England District website to see if water quality certification has already been issued for the GP(s) you wish to use. For proposed GP activities in coastal states, state Coastal Zone Management Act consistency concurrence must be obtained, or a presumption of concurrence must occur. Some States have issued Coastal Zone Management Act consistency concurrences for one or more GPs. Please check the New England District website to see if Coastal Zone Management Act consistency concurrence has already been issued for the GP(s) you wish to use. MA GPs 74 June 2023 APPENDIX C SELF-VERIFICATION NOTIFICATION U.S. Army Corps of Engineers (USACE) SELF-VERIFICATION NOTIFICATION (SVN) DATA REQUIRED BY THE PRIVACY ACT OF 1974 Authority Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose This information will be used in evaluating activities under Self-Verification procedures within Massachusetts. Routine Uses Disclosure Routine uses will include: (1) Documenting compliance with the terms and conditions of the General Permit (GP) for activities that may require authorization pursuant to one or more of USACE’s Regulatory authorities. (2) Records may be referred to other Federal, State, and local agencies for evaluation and enforcement purposes. Failure to fully comply and abide by the GP terms and conditions prior to commencing work and after completion project may result in formal enforcement action, up to and including monetary penalties and/or legal action, pursuant to 33 CFR Part 326. Instructions The permittee must complete ALL required sections of this document before commencing USACE-regulated activities. A copy of this completed SVN must be kept on site during construction and be made available for review by USACE and other Federal, State, & Local regulatory authorities at any time. Within 30 days of initiating project construction, the permittee shall submit the completed SVN to USACE. The SVN shall be submitted to USACE as ONE signed document that includes project plans and documentation that supports each field (e.g., emails, letters, description, phone calls, surveys). Electronic submissions to the following address are strongly preferred: cenae-r-ma-sv@usace.army.mil. The email subject line shall contain the following: GP #, SVN, City/Town, and date submitted. (ITEMS 1 THRU 3 TO BE FILLED BY USACE) 1.APPLICATION NO.2.FIELD OFFICE CODE 3.DATE RECEIVED APPLICANT AND AGENT INFORMATION 4.APPLICANT'S NAME First -Middle - Last - 7.AGENT'S ADDRESS: First -Middle - Last - Company -Company - E-mail Address -E-mail Address - 5.APPLICANT'S ADDRESS:8.AGENT'S ADDRESS: Address-Address- City -State - Zip - Country - City -State - Zip - Country - 6.APPLICANT'S PHONE NOs. w/AREA CODE a. Residence b. Business c.Fax 9.AGENTS PHONE NOs. w/AREA CODE a. Residence b. Business c.Fax NAME, LOCATION, AND DESCRIPTION OF PROJECT SITE 10.PROJECT NAME OR TITLE 11. FILE NUMBER(S) OF PREVIOUS USACE ACTIONS ON THE SITE (if applicable)12. NAME OF WATERBODY 13.PROJECT COORDINATES (in decimal degrees) Latitude: ◦N Longitude: ◦W 14.PROJECT STREET ADDRESS (if applicable) Address City - State - Zip - ACTIVITY TYPE, PROJECT IMPACTS, AVOIDANCE & MINIMIZATION 15.GENERAL PERMIT ACTIVITIES (CHECK ALL THAT APPLY) 1 6 11 16 21 2 7 12 17 22 3 8 13 18 23 4 9 14 19 24 5 10 15 20 25 16.SUMMARY OF PROJECT IMPACTS (see instructions) Area (square feet) Length (linear feet) Volume (cubic yards) Duration 17.PROJECT PLANS (BY CHECKING THE BOXES BELOW, YOU CERTIFY THESE ITEMS ARE COMPLETE) (see instructions) a.Plans shall at least contain the following: Vicinity Map, Plan View, and Typical Cross Section View of the proposed activity. b.All direct, indirect and secondary impacts from USACE regulated activities are shown on the project plans. c.The size of the impact area for each activity (acre, square feet, linear feet) are shown on the project plans. d.For discharges of fill material (§404), the volume of fill material is identified on the project plans. e.The duration of each impact, permanent or temporary (X days), is identified on the project plans. f.Do activities with permanent impacts result in the loss of waters? If so, this is identified on the project plans. g.All aquatic resources in the vicinity of the USACE regulated activities are delineated on the project plans. 18.AVOIDANCE & MINIMIZATION (BY CHECKING THE BOXES BELOW, YOU CERTIFY THESE CRITERIA ARE MET) (see instructions) a. The project has been designed to avoid and minimize impacts to aquatic resources. b. The footprint of activities in waters of the U.S. has been reduced to only what is necessary to achieve the overall project purpose. c.All practicable measures have been taken to avoid and minimize impacts to aquatic resources through construction techniques and site access (e.g., Best Management Practices, Time of Year Restrictions). d.All temporary impacts from USACE regulated activities will be restored upon completion of construction and the project area will be returned to pre- construction contours and conditions. COMPLIANCE WITH FEDERAL REGULATIONS & SUPPLEMENTAL INFORMATION 19.DUE DILIGENCE (see instructions) Complete the entries below to document compliance with the following Federal requirements. Construction may NOT begin if a PCN is/may be required, and you must contact USACE to determine permitting requirements. Documentation that demonstrates how the activity complies with each field below shall be submitted to the USACE as noted in the instructions block. See each General Condition (GC) in the GP for how to comply with each requirement. a.State Historic Preservation Officer b.Massachusetts BUAR c.Tribal Historic Preservation Officers d.Endangered Species Act - NOAA e.Endangered Species Act - USFWS f.Northern Long Eared Bat (ESA) g.Essential Fish Habitat h.Wild & Scenic Rivers i.401 Water Quality Certification 401 j.Section 408 Permission k.Coastal Zone l.Construction Mats m.Time of Year Restrictions n.Vernal Pools o.Sediment & Erosion Controls p.Stream/Wetland Crossings 20.AQUACULTURE ACTIVITIES - GP 18 (see instructions) a.If required, an Aquaculture Certification from the Massachusetts Division of Marine Fisheries was obtained prior to commencing work. b.Coordination with the U.S. Coast Guard pursuant to Private Aids to Navigation has occurred prior to commencing work. c.If required, a MEPA Certificate was obtained from the Massachusetts Environmental Protection Agency prior to commencing work. d.The prospective permittee contacted local authorities (e.g. harbormaster, select board, shellfish constable) for authorization of their facility prior to commencing work. 21. ADDITIONAL INFORMATION/ATTACHMENTS (see instructions) a.The project plans are enclosed in this SVN submittal (see block 17). b.The activity funded through the Bipartisan Infrastructure Bill (also known as the Infrastructure Investment and Jobs Act). c.All required state, local and federal approvals were acquired prior to starting construction in USACE jurisdiction. d.After construction of the activity is completed, a complete Certificate of Compliance will be submitted to USACE. 22. IS THERE ANOTHER LEAD FEDERAL AGENCY: YES NO OOC issued:401 issued:401 WQC/OOC File Number: 23.STATEMENT OF AUTHORIZATION (see instructions) I certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE 24. SIGNATURES (see instructions) I hereby certify that the information in this Self-Verification Notification is complete and accurate. As the applicant or their duly authorized agent, I certify the activity was completed in accordance with the terms and conditions of the GP. This includes all applicable terms, general conditions, and activity-specific GP criteria. I agree to allow the duly authorized representatives of the Corps of Engineers Regulatory Program and other regulatory or advisory agencies to enter upon the premises of the project site at reasonable times to evaluate inspect and photograph site conditions. This consent to enter the property is superior to, takes precedence over, and waives any communication to the contrary. For example, if the property is posted as “no trespassing” this consent specifically supersedes and waives that prohibition and grants permission to enter the property despite such posting. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United Stat es knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. Instructions for Preparing a Department of the Army General Permit (GP) Self-Verification Blocks 1 through 3. To be completed by the Corps of Engineers. Block 4. Applicant’ Name. Enter the name and the e-mail address of the responsible party or parties. If the responsible party is an agency, company, corporation, or other organization, indicate the name of the organization and responsible officer and title. If more than one party is associated with the self- verification, please attach a sheet of paper with the necessary information marked Block 4. Block 5. Address of Applicant. Please provide the full address of the party or parties responsible for the self-verification. If more space is needed, attach an extra sheet of paper marked Block 5. Block 6. Applicant Telephone Number(s). Please provide the telephone number where you can usually be reached during normal business hours. Blocks 7 through 9. To be completed, if you choose to have an agent. Block 7. Authorized Agent’s Name and Title. Indicate name of individual or agency, designated by you, to represent you in this process. An agent can be an attorney, builder, contractor, engineer, consultant, or any other person or organization. Note: An agent is not required. Blocks 8 and 9. Agent’s Address and Telephone Number. Please provide the complete mailing address of the agent, along with the telephone number where they can be reached during normal business hours. Block 10. Proposed General Permit Activity Name or Title. Please provide a name identifying the proposed GP activity, e.g., Windward Marina, Rolling Hills Subdivision, or Smith Commercial Center. Block 11. File Number(s) of Previous USACE Actions on the Site Please provide any known USACE file number. If the activity does not have a known USACE file number, you may state N/A. Block 12. Name of Waterbody. Please provide the name (if it has a name) of any stream, lake, marsh, or other waterway to be directly impacted by the GP activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters. Block 13. Proposed Activity Coordinates. Please enter the latitude and longitude of where the proposed GP activity is located. Indicate whether the project location provided is the center of the project or whether the project location is provided as the latitude and longitude for each of the “corners” of the project area. If there are multiple sites, please list the latitude and longitude of each site (center or corners) on a separate sheet of paper and mark as Block 13. Block 14. Proposed Activity Street Address. If the proposed activity is located at a site having a street address (not a box number), enter it in Block 14. Block 15. General Permit Activity Type. Please select all GP activity types that apply to the proposed activity. A list of GP activity types can be found in Section III of the GP. Block 16. Summary of Project Impacts. Please provide ALL proposed impacts, both temporary and permanent in duration, that are located in Waters of the United States. The area of impact shall be provided in square feet (SF). When applicable, impacts that result in conversion of stream bank or shoreline must also be identified in linear feet (LF). Dredging or the discharge of dredged or fill material shall also include the volume, cubic yards (CY), of material removed from or placed into Waters of the U.S. If more entries are required, please attach a table matching the desired format in Block 16. Block 17. Project Plans. Please verify that items a-g are included in the project plans. Three types of illustrations are necessary to properly depict the proposed work. These illustrations or drawings are identified as a Vicinity Map, a Plan View (Aerial view) and a Cross Section Map. For linear projects (e.g. roads, subsurface utility lines, etc.) gradient drawings (longitudinal profile) should also be included. Plans must accurately depict the existing conditions and all aspects of the proposed activity located in waters of the U.S. Please submit one copy of all drawings formatted to print on 8½ x 11 inch or 11 x 17 inch plain white paper. Use the fewest number of sheets necessary for your drawings or illustrations. Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view, or cross section). While illustrations need not be certified engineering sheets; they should be clear, accurate, contain all necessary information, and depict all proposed work. Each submission must also include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current wetland delineation manual and regional supplement published by USACE. Block 18. Avoidance & Minimization. Please verify that items a-d have been implemented for the proposed activity. Block 19. Due Diligence. Please complete all the fields and submit documentation to USACE to demonstrate compliance with the above requirements. This Documentation may include emails, letters, meeting notes, phone call log, project narrative, project plans, a species list from the NOAA Section 7 Mapper, a completed copy of the IPAC determination keys, etc. Documentation should be limited to what is necessary to demonstrate how the proposed activity meets each requirement. Refer to the MA GP, Appendix A, for specific guidance on the identification of previously identified historic properties and previously unidentified historic properties. Endangered Species: *The applicant must be designated as the non-federal representative for the purposes of Section 7 consultation to select the Rangewide D-Key options. Otherwise, the applicant shall select the following option when IPAC indicates the NLEB is present: "The activity IS located within the NLEB Species Range (PCN Required)." Block 20. Aquaculture Activities. Please verify that items a-d have been obtained or completed prior to commencing work in waters of the U.S. Block 21. Additional Information/Attachments. Please verify that items a-d have been completed prior to commencing work in waters of the U.S. Block 22. Lead Federal Agency. Please identify if there is another lead federal agency involved with the proposed activity. Enter the lead federal agency name (e.g., the Federal Emergency Management Agency, FEMA) and the agency’s designated person of contact for the activity. Block 23. Statement of Authorization. The applicant shall sign this section for all activities. If an agent is to be employed, the agent shall sign this section. Block 24. Signatures. The SVN must be signed by the person proposing to undertake the GP activity, and if applicable, the authorized party (agent) that prepared the SVN. The signature of the person proposing to undertake the GP activity shall be an affirmation that the party submitting the SVN possesses the requisite property rights to undertake the GP activity. MA GPs 75 June 2023 APPENDIX D: PCN APPLICATION CHECKLIST The following information shall be submitted for all PCNs for USACE to properly evaluate your application. Some applications may require more information and this checklist is offered as a tool to assist applicants with submitting a complete application. SECTION 1: GENERAL APPLICATION INFORMATION 1. ☐ Complete the Pre-Construction Notification document (Appendix B). 2. ☐ Specify which local/state/federal authorizations are required for the project and if any have been obtained or applied for at the time of USACE application submittal. 3. ☐ Identify all funding sources the project will receive or has received to date. Provide any relevant information in the application submission. 4. ☐ Is this part of a larger project that is being implemented in phases? If so, describe the project schedule and how each phase will be implemented. 5. ☐ Describe the existing conditions on the site and the general land use in the vicinity of the project at the time application submittal. 6. ☐ Provide any historic information available that you may have of project area, e.g., existing USACE permit numbers, the names under which the permits were obtained if the permit numbers are unknown, construction dates and proof of prior existence (aerials, photos, town hall records, affidavits, state or local permits, etc.) to verify that the project predates regulation and is “vested”.19 7. ☐ The anticipated start and end dates for construction. SECTION 2: WETLAND DELINEATION 8. ☐ Data used to support aquatic resource boundary determinations (delineation forms, delineation map(s) that show the locations of each aquatic resource in the project area, aerial and ground photographs, LIDAR imagery, national wetland inventory maps, soil maps, national hydrography dataset maps, floodplain maps, historical imagery, etc.). 9. ☐ Photographs of the wetland(s) and/or waterway(s) where impacts are proposed. Photos at low tide are preferred for work in tidal waters. 10. ☐ Indicate the relationship of the project area to waters of the U.S., i.e., adjacent wetlands, tidal influence or hydraulic connectivity through culverts, or other conveyances, etc. 11. ☐ At minimum the delineation map/figure should include the following: a. Contour lines showing topography. b. North arrow. c. Bar and text scale. d. Legend. e. Drawn project boundary. f. High tide line, mean high water, mean low water, ordinary high water mark, and/or wetland boundaries. g. Captions with a unique name for each aquatic resource and the area or length of the aquatic resource within the project area. 19 Vested is exempt (someone or something) from a new law or regulation. MA GPs 76 June 2023 h. Appropriate landmarks and features (e.g., culverts, special aquatic sites, etc.). i. Points showing the paired upland and wetland delineation locations for tidal and non-tidal wetlands only. SECTION 3: AVOIDANCE & MINIMIZATION 12. ☐ Describe specific measures taken to avoid impacts to aquatic resources or describe why aquatic resources could not be avoided while achieving the project purpose and need. 13. ☐ For impacts to aquatic resources that could not be avoided, describe specific considerations/ measures taken to minimize the area of proposed impacts to aquatic resources in designing the project. 14. ☐ Describe specific measures taken to avoid and minimize the proposed direct, indirect, and secondary impacts to aquatic resources and their functions through construction techniques and timing. 15. ☐ If applicable, provide a restoration plan that describes how all temporary fills and structures will be removed and the area restored to pre-impact conditions (see GC 22). 16. ☐ If applicable, provide an Invasive Species Control Plan (see GC 29). For sample control plans, see www.nae.usace.army.mil/missions/regulatory/invasive-species. 17. ☐ If applicable, describe how the proposed wetland/waterbody crossing is compliant with GC 31, Stream Work and Crossings, and Wetland Crossings. SECTION 4A: PROJECT IMPACTS 18. ☐ Describe the overall project and the activities located in Waters of the U.S. (WOTUS) that you are seeking authorization for. 19. ☐ Identify the following for project impacts in WOTUS: a. ☐ Direct, indirect, secondary impacts 20 within WOTUS. b. ☐ The size of each impact (square feet or acres, or linear feet). c. ☐ For discharges of fill material (§404), specify the volume of fill material to be discharged (cubic yards). d. ☐ The impact duration from each activity, permanent or temporary (X days). SECTION 4B: PROJECT PLANS 20. ☐ Submit project plans that depict all impacts in WOTUS. On the project plans, applicants shall provide: General Information a. ☐ Plan view and typical cross-section view sheets that show the existing and proposed conditions. These illustrations should each be identified with a figure number, date of the map, the project title, the name of the applicant and the type of illustration (vicinity map, plan view, or cross section). b. ☐ Drawings, sketches, or plans that are legible, reproducible (color is encouraged, but features must be distinguishable in black and white), drawn to scale, and no larger than 11”x17” and 10 MB when submitted in digital format. Numeric and graphic/bar scales must agree, and plan details must be measurable using a standard engineer’s scale on printed plans. Reduced plans are not acceptable. c. ☐ The north arrow and remove miscellaneous non-wetland or water project related features such as conduits, utility poles, guardrails, etc. 20 See definitions section for the definitions of direct, indirect, secondary impacts. MA GPs 77 June 2023 d. ☐ Clearly draw the overall limits of work, staging areas, disposal sites, access routes, and any permittee responsible mitigation sites. These areas may include both aquatic resources and upland areas. e. ☐ Names or numbers of all roads in the site’s vicinity and ownership and numbers of abutting parcels. f. ☐ Datum in plan and elevation views. The horizontal datum shall be in the NAD 83 Massachusetts State Plane Coordinate System (INSERT) in U.S. survey feet. The vertical data in coastal projects shall be referenced to either MLLW or the North American Vertical Datum of 1988 (NAVD 88). Both the distance and depth units shall be U.S. survey feet and specified on the project plans. Aquatic Resources & Project Impacts g. ☐ Delineation of all aquatic resource types on site including salt marsh; other special aquatic sites (vegetated shallows, mudflats, riffles and pools, coral reefs, and sanctuaries and refuges); other waters, such as lakes, ponds, vernal pools, natural rocky habitat (tidal only), and perennial, intermittent, and ephemeral streams. h. ☐ Identify the substrate type (cobble/gravel, organic detritus, sand/shell, silt, mud) and the approximate percentage of each substrate type on site. Grain sizes shall be based on Wentworth grain size classification scale for granules, pebbles, cobbles, and boulders. Sediment samples with a content of 10% or more of pebble-gravel-cobble and/or boulder in the top layer (6-12 inches) should be delineated and material with epifauna/macroalgae should be differentiated from bare pebble-gravel-cobble and boulder. i. ☐ The direction of ebb and flood in tidal waters and direction of flow in non-tidal waters. j. ☐ In tidal waters, the project boundary distance from special aquatic sites identified in 20g above if within 25 feet from that resource. k. ☐ USACE jurisdictional boundaries including ordinary high-water mark (OHWM), high tide line (HTL), mean high water (MHW). Other boundaries include mean low water (MLW), mean lower low water (MLLW), as applicable. • Non-tidal: OHWM and/or wetland boundaries. • Tidal (structures/work only): MHW, MLW. • Tidal (Fill and Structures/work): HTL, MHW, MLW. • Tidal (Dredging/Beach Nourishment): HTL, MHW, MLW, MLLW. l. ☐ Identification of each aquatic resource with a unique name (ex. Wetland 1, Wetland 2, Tributary 1, Beaver Brook, Atlantic Ocean) and the size of each aquatic resource within the project area (square feet or acres). m. ☐ Impacts to each aquatic resource with captions denoting the size of each impact (square feet, acres, or linear feet) and the duration of the impact (ex. Permanent, Temporary (X days). SECTION 4C: PROJECT PLANS - SPECIFIC PROJECT INFORMATION 21. ☐ For projects involving Navigation, Structures, Dredging, and/or Beach Nourishment, the applicant shall also address the following: Navigation a. ☐ Identify the locations of adjacent Federal navigation project (FNP) and/or state/local navigation projects on the project plans. b. ☐ Specify the distance between the FNP and proposed project boundary, the authorized depths of the FNP, and state plane coordinates of seaward end(s) of project structures near an FNP. MA GPs 78 June 2023 Structures a. ☐ Identification of the piling type (steel, timber, concrete) and diameter to be removed and/or installed. b. ☐ Specify the minimal height of the structures’ frame over saltmarsh. To meet the SV threshold, piers must be ≤4 feet in width and this minimal height must achieve a 1.5:1 ratio (i.e., a 4-foot-wide pier is 6 feet above a saltmarsh). c. ☐ For floats, the methods of securing them (piles, bottom anchors) and for keeping them off substrate (skids, stops) at low water. To meet the SV threshold, a minimum depth of 18- inches of water should be maintained below a floating dock/structure at lower tide levels. Dredging a. ☐ The area (SF, acre) and volume (CY) of material to be dredged waterward of MHW for each dredge location. b. ☐ Dredge boundaries. c. ☐ Bathymetry for existing, proposed, and historical (include dates and USACE permits) dredge depths. d. ☐ The likely final angle of repose of the side cuts based on the physical characterization of the material to be dredged and based upon the high/ medium/low, wave or current energy of the location. e. ☐ Label area whether the dredging is new, maintenance, improvement, or a combination. f. ☐ Location of the disposal site (include location sheet). NOTE: For projects proposing open water, nearshore disposal, or beach nourishment, contact USACE as early as possible for sampling and testing protocols. Sediment testing, including physical (e.g., grain-size analysis), chemical and biological testing may be required. Sampling/testing of sediments without such contact should not occur and if done, will be at the applicant’s risk. g. ☐ The methods and areas used to retain or prevent dredged material from running back into the wetland or waterway. Provide the capacity of the storage area and points of runback, including the overflow route, into the aquatic system. h. ☐ For open-water disposal, explain why inland or beneficial reuse sites are not practicable. i. ☐ Show the finished top elevation of the disposal site. Beach Nourishment a. ☐ For beach nourishment, identify the disposal footprint, existing and proposed nourishment profiles (multiple profiles are appropriate if the site is more than 150 feet long or non-contiguous), total fill area (SF) and volume (CY), fill area and volume waterward of the HTL, and delineation of dunes, banks, existing beach vegetation, and contours. b. ☐ For beach nourishment identify the substrate type (fine sand, sand, cobble, boulder) and/or grain-size of existing material. SECTION 5: STRUCTURES 22. ☐ For projects with the removal of existing pilings identify the number, type (steel, timber, concrete) and diameter of pilings to be removed and the methodology for removal (cut off at mud line, pulling, vibratory, etc.). 23. ☐ For projects with the installation of new pilings identify the number, type (steel, timber, concrete) and diameter of pilings to be installed and the methodology for installation (vibratory hammer, impact hammer etc.). 24. ☐ Identify any existing structures and moorings in waters adjacent to the proposed activity, their dimensions, and the distance to the limits and coordinates of any proposed mooring field or reconfiguration zone. For reconfiguration zone and mooring fields, provide the coordinates for all MA GPs 79 June 2023 corners based on the Massachusetts State Plane Coordinate System. Specify the maximum number of slips and/or moorings within proposed reconfiguration zones or anchorage areas. 25. ☐ The dimensions of the structure or work and extent of encroachment waterward of MHW and from affixed point on the shoreline or upland. 26. ☐ Shoreline of adjacent properties and property boundary offset for structures. In narrow waterbodies, the distance to opposite shoreline, waterway width, and structures across from proposed work. 27. ☐ For new commercial boating facilities, anchorage areas or reconfiguration zones, provide a description of the type of vessels that would use the facility, and any plans for sewage pump- out facilities, fueling facilities and contingency plans for oil spills. 28. ☐ See Sections 4A-C above. SECTION 6: AQUACULTURE 29. ☐ Identify the coordinates for lease area corners and gear configuration area on the project plans. 30. ☐ Identify the proposed aquaculture gear type (buoys, floats, racks, trays, nets, lines, tubes, cages, containers, and other structures). Provide the impacts for each aquaculture gear type (see Section 4A 19a-d). 31. ☐ For a GP 18 to be valid, applicants must have (a) their MA DMF Aquaculture Certification letter for licensed shellfish aquaculture sites, (b) documentation that the applicant has coordinated with the U.S. Coast Guard regarding USCG Private Aids to Navigation standards, (c) their MEPA Certificate (if required), and (d) documentation that the applicant has contacted their local authorities (ex. harbormaster, select board, shellfish constable) for authorization of their facility. 32. Provide information on site the operation, maintenance, and access. Will the site be accessed via boat, kayak, etc.? Will cages be removed in the winter? How often will gear be checked on? Is there an operations plan for the proposed aquaculture area? 33. ☐ See Sections 4A-C above. SECTION 7: DREDGING 34. ☐ Sampling plan requests for new, improvement or maintenance dredging must submit completed Dredged Material Evaluation checklist found at Dredged Material Evaluation Checklist, Sampling and Analysis Plan Requirements from Applicant (army.mil) and identify the method of handling/transporting the dredged material. 35. ☐ Identify grain-size of material to be dredged (e.g., silty sand) and provide any existing sediment grain size and bulk sediment chemistry data from the proposed project or nearby projects. Include information on any recent spills of oil and/or other hazardous materials and/or nearby outfalls. Document the information source, e.g., EPA database, the harbormaster or fire chief. If there are none, state “none”. 36. ☐ See Section 4A, 4B and 4C, Dredging 21(a-i) above. SECTION 8: WETLAND/WATERBODY CROSSINGS 37. ☐ For the stream crossing, identify the crossing methodology on the project plan (e.g., dam and pump, dry, wet, etc.). Submit a waterway crossing sequencing plan with the application. 38. ☐ If the project includes a permanent crossing of a tidal waterway, your project design should be modified to match the velocity, depth, cross-sectional area, and substrate of the existing waterbody adjacent to the crossing and provide documentation (hydraulic analysis including low lying property analysis) that the size of the crossing will not restrict tidal flow over the full natural tide range and will not adversely affect abutting infrastructure. MA GPs 80 June 2023 39. ☐ If the work includes a permanent crossing of a non-tidal stream, your project design should be modified to match the culvert gradient of the existing stream channel profile, provide clearance for ≥1.2 times bank full width and conveyance should be embedded ≥1-2 feet for box culverts and pipe arches or ≥1-2 feet and at least 25 percent for rounded pipes/culverts in accordance with the Massachusetts Stream Crossing Standards. Provide the basis for any variation to this requirement. 40. ☐ If the work includes a permanent crossing of a non-tidal stream, the structure should be designed to include a natural bottom substrate within the conveyance that matches the characteristics of the substrate in the natural stream channel and the character of the banks (mobility, slope, stability, confinement, grain and rock size). The conveyance should be designed with a minimum openness ratio ≥0.82-feet (0.25-meters). For how to calculate openness ratio and stream simulation ecological approach for road and stream crossings, see https://www.nae.usace.army.mil/Missions/Regulatory/Stream-and-River-Continuity/. SECTION 9: COMPENSATORY MITIGATION 41. ☐ Does the project require Compensatory Mitigation 21 for impacts to Waters of the U.S.? (See Section V in the 2023 Massachusetts General Permit) 42. ☐ If the project requires mitigation, does the selected compensatory mitigation option (i.e., In- Lieu Fee, permittee-responsible mitigation) deviate from the order of the options presented in §332.3(b)(2)-(6)? If so, please explain why. https://www.ecfr.gov/current/title-33/chapter-II/part- 332/section-332.3 43. ☐ For any compensatory mitigation that involves preservation, the applicant must use a site protection instrument to preserve the parcel in perpetuity. (Conservation Easement, Deed Restriction, etc.) https://www.mass.gov/service-details/conservation-restriction-review-program. SECTION 10: HISTORIC PROPERTIES & NOTIFICATIONS TO SHPO, THPOs, BUAR 44. ☐ Notify the SHPO, Massachusetts Historical Commission, of the Project via Certified Mail and include proof of delivery or receipt in the application package (See Appendix A). 45. ☐ As applicable, notify the THPOs, Narragansett Indian Tribe, Wampanoag Tribe of Gay Head (Aquinnah), and Mashpee Wampanoag Tribe, of the Project via email OR mail and include proof of delivery or receipt in the application package (See Appendix A). 46. ☐ As applicable, notify the BUAR via email (strongly preferred) OR mail and include proof of delivery or receipt in the application package (See Appendix A). 47. ☐ Include responses to this notification in the permit application. 48. ☐ As applicable, information on historic properties (Tribal and Archaeological) within the project area should be provided in the permit application. SECTION 11: ENDANGERED SPECIES & ESSENTIAL FISH HABITAT 49. ☐ Provide a USFWS Information for Planning and Consultation (IPaC) Official Species List from https://ecos.fws.gov/ipac and the email of the individual who generated the list (see GC 10 of the 2023 Massachusetts General Permit for more information). 50. ☐ Provide a species list from the NMFS Section 7 Endangered Species Act mapper at https://noaa.maps.arcgis.com/apps/webappviewer/index.html. 51. ☐ Provide a species list from the NMFS Essential Fish Habitat Mapper at https://www.habitat.noaa.gov/apps/efhmapper/?page=page_3. 21 Your mitigation proposal must be consistent with the December 29, 2020 Compensatory Mitigation Standard Operating Procedures at https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Mitigation/Compensatory- Mitigation-SOP-2020.pdf and 2008 Mitigation Rule. MA GPs 81 June 2023 52. ☐ If the project will generate turbidity, describe the extent of turbidity and if erosion controls will be used to contain turbidity. If turbidity controls are not operationally feasible, explain the basis for your conclusion and identify any other measures that you will implement to minimize resuspension of sediment. 53. ☐ Identify the substrate type and any aquatic resources that will be affected by the proposed action. (SAV, salt marsh, sand, silt/clay, rocky/hard bottom) 54. ☐ For projects which will include the installation of pilings/sheet-piles, identify the substrate at the project site (sand, cobble, silt/mud/clay), the installation method (vibratory hammer, impact hammer, combination) and indicate whether the following “soft start” procedures at beginning of the workday and after a 30-minute period of rest will be deployed: a. ☐ Vibratory Pile Installation: pile driving will be initiated for 15 seconds at reduced energy followed by a one-minute waiting period. This sequence of 15 seconds of reduced energy driving, one-minute waiting period will be repeated two additional times, followed immediately by pile-driving at full rate and energy. b. ☐ Impact Pile Installation: pile driving will commence with an initial set of three strikes by the hammer at 40% energy, followed by a one-minute wait period, then two subsequent 3- strike sets at 40% energy, with one-minute waiting periods, before initiating continuous impact driving. 55. ☐ If the project involves dredging, describe any dredge history, number of dredge events to be covered by the permit, erosion/sediment controls, dredge type, intake structures (mesh screen size), dredged material disposal site. 56. ☐ For project activities associated with structures, identify the number, type (drill barge, work boat, tugboat, etc.), and size of any temporary vessels that will be used. Specify measures that will be implemented to ensure vessels are not berthed in shallow water or will “ground out” at low tide. 57. ☐ For aquaculture projects identify whether any component of the gear is seasonal (will be removed annually) or will be in place year-round. If gear will be present year-round and will be variably managed (e.g., floating in summer, bottom in winter) identify month/date for such configurations. 58. ☐ For aquaculture projects identify whether the project will involve use of an existing vessel or new vessel. Identify the length for all work vessels and identify the distance round trip from vessel berthing location and aquaculture area. 59. ☐ For project activities associated with docking structures (either commercial, industrial, or recreational) identify the number, type (motorized/non-motorized, jet-ski, sailboat, kayak, canoe, other that will be berthed there and the sizes of each. 60. ☐ Information required for Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act: a. Results of an eelgrass survey completed per the INSERT. b. Essential Fish Habitat Assessment to determine project-related impacts to essential fish habitat, using guidance developed by the National Marine Fisheries Service. 61. ☐ A document containing the following information (requirements of 50 CFR §600.920(e)(3)): a. Description of proposed action. b. Analysis of potential adverse effects on essential fish habitat. c. Conclusions regarding the effects of the action on essential fish habitat. d. If applicable, proposed mitigation. e. Analysis of alternatives to the proposed action. f. Other: