Permitting handbook 1988

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PERMITTING HANDBOOK

1988

Prepared By:

BEALS AND THOMAS, INC.

First Issue: March, 1988

BEALS AND THOMAS, INC.

PERMITTING HANDBOOK

1988

Prepared By:

BEALS AND THOMAS, INC.

First Issue: March, 1988

BEALS AND THOMAS, INC.

Introduction

Beals and Thomas, Inc. is a multi-disciplinary firm which
provides consulting services for the development and
conservation of land and water resources. As consultants and
project managers we are responsible for identifying and often
applying for permits relevant to project development.

This handbook is set up as a guideline to help in the
identification of potential permitting requirements and
regulatory restriction for developments projects in
Massachusetts. It covers local, state and federal regulations
and associated permit requirements. Also included is an
updated copy of the Beals and Thomas, Inc. wetland permitting
guidelines previously circulated to project managers.

The handbook includes a list of local permits typical to
municipalities in Massachusetts. However, local regulations
must be consulted to determine specific permitting requirements.

The state listed permit requirements are general and apply to
typical industrial and residential development. Permit
requirements associated with specialized projects such as
towers and airports are not included. Additionally, discussion
of the Zoning Act and Subdivision Control Law is excluded.

BEALS AND THOMAS, INC.

Permitting Handbook
Table of Contents

pace

I Local Permits

Summary 1

II A. State Permits

' Order of Conditions 2

* Determination of Applicability 4

* Groundwater Discharge Permit 5

* Sewer Connection Permit 6

* Water Quality Certification 7

* Waterways License 8

* Dredging and Disposal Permit 9

* Construction and Maintenance of Dams 10

* Subsurface Sewage Disposal 11

* Water Withdrawal Permit 12

* DPW Tree Removal 13

* DPW Curb Cut 14

* Shade Tree Removal 15

* Scenic Roads 16

* MDC Surfacewater Drainage or Discharge 17

* MDC Special Connection (Sewer) 18

* MDC Construction Within Easement 19

* MDC Industrial User Discharge Permit 20

* MDC Utility Installation Permit 21

II B. State Reviews

' State Register of Historic Places 22

* Coastal Zone Management Consistency

Certification 23

* Massachusetts Environmental Policy Act

(MEPA) Certification 24

* Other State Statutes 26

III Federal Permits

* Army Corps of Engineers - Nationwide 27

* Army Corps of Engineers - Individual 28

* EPA National Pollution Discharge Elimination

Systems

IV Wetland Permitting Guidelines

* Preliminary Research 29

* Design Research 30

* Submission Requirements 31

* Post Submission Follow-up 31

BEALS AND THOMAS, INC.

APPENDIX

Page

DPW District Offices 1-A

MDC District 2-A

DEQE Regional Offices 3-A

Masschusetts Towns Covered Under CZM 4-A

Scenic Rivers: North and Indian Head Rivers 5-A

Scenic Rivers: List of Designated and Classified Rivers 6-A

MEPA Flow Chart 10-A

Listing of Areas of Critical Environmental Concern 11-A

BEALS AND THOMAS, INC.

I. Local Permitting

The requirements for local permitting are not uniform acrcss
the state. Therefore, thorough review of the Zoning By-law,
Town By-laws and rules and regulations of the various Town
boards is necessary to identify the permit requirements of each
project.

Many state programs such as Wetland Protection are empowered by
State Legislation but administered at the local level. Such
programs are discussed in Part II State Permits. The following
is a list of typical permits and approvals administered at the
local level.

1. Site Plan Approval

2. Subsurface Sewage Disposal

3. Local Sewer Connection

4 . Earth Removal

5. Special Permits:

Flood Plain District

Aquifer Protection

Wetland District (see local Wetland By-law)

6. DPW Curb Cuts

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BEALS AND THOMAS, INC.

II. 8TATE PERMITS

BEALS AND THOMAS, INC.

PERMIT:

Order of Conditions

ISSUING AGENCY:

Local Conservation Commission or the Department of
Environmental Quality Engineering (DEQE) : Division of
Wetlands, if Superseding Order is required.

AUTHORITY:

Wetland Protection Act

MGL CH 131 S.40

310 CMR 10.00

Note: Some Towns have local Wetland By-laws which can be

zoning or non zoning by-laws. Also, some wetlands are
regulated by MGL CH 131 S. 40A and 105 as part of the
Wetland Restriction Program.

REGULATED ACTIVITIES:

Any work proposed within an "Area Subject to Protection Under
the Act" including banks, wetlands, land under waterbodies,
land subject to flooding, land subject to coastal storms, land
subject to tidal action. Activities within the 100' Buffer
Zone which will alter a protected area is also subject to the
regulations.

PROCEDURE :

Prerequisites :

ENF may be required if superseding Order is issued
permitting activities outlined in 301 CMR 11.26 (7) (a).

Components of Submission:

Cover letter, Notice of Intent Application, locus map,
test pit logs or soils map, drainage calculations,
project plans showing work in resource areas, check for
$25.00. (see general instructions 310 CMR 10.99)

Note: DEQE must be sent 2 copies.

TIME FRAME:

Conservation Commission must hold public hearing within 21 days
after receipt of a NOI, and must issue an Order of Conditions
within 21 days after the close of the public hearing (calendar
days) . Public notice must be issued for 5 business days prior
to the hearing. A ten day appeal period (business days) begins
with the issuance of the Order of Conditions.

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BEALS AND THOMAS, INC.

CONTACT:

Local Conservation Commission or DEQE Wetlands Division
Town/City Hall Regional Office

Note: See Beals and Thomas, Inc. Wetland Permitting Guidelines
in Appendix for additional details.

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BEALS AND THOMAS, INC.

PERMIT:

Request for Determination of Applicability (RDA)

ISSUING AGENCY:

Local Conservation Commission or the Department of
Environmental Quality Engineering (DEQE) : Division of Wetlands
if Superseding Order is required.

AUTHORITY:

Wetland Protection Act

MGL CH 131 S.4 0

310 CMR 10.00

Note: Some Towns have local Wetland By-laws.

REGULATED ACTIVITIES:

Any person who proposes to perform work within the Buffer Zone
shall submit either a NOI or RDA. Any person who wants a
determination as to whether the Act applies to land or work
that may affect an area subject to protection under the Act may
submit a RDA.

PROCEDURE:

Prerequisites :

Map or flag resource areas.

Components of Submission:

Cover letter, locus map, appropriate plans showing
resource areas and/or proposed work.

TIME FRAME:

The Conservation Commission must hold public meeting within 21

days after receipt of the RDA and issue a RDA Form 2 of 310 CMR

10.99. Public Notice must be issued 5 days prior to the
meeting. Determinations are valid for 3 years.

CONTACT:

Local Conservation Commission

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BEALS AND THOMAS, INC.

PERMIT:

Groundwater Discharge Permit

ISSUING AGENCY:

Department of Environmental Quality Engineering (DEQE) :
Division of Water Pollution Control

AUTHORITY:

MGL CH 21 S 43

314 CMR 3.00 - 8.00 and 12.00

REGULATED ACTIVITIES:

Discharge of pollutants per 314 CMR S 5.03, including
discharges of more than 15,000 gpd of domestic sewage. (A
discharge of more than 25,000 gallons per day of industrial
waste or seeptage will require an ENF.)

PROCEDURE :

Prerequisites :
None.

Components of- Submission:

Application, project plans, filing fee.
Application in 314 CMR 5.20, 5.22, 5.24 and 5.26

Time Frame:

Application must be submitted at least 180 days prior to
the date at which discharge will commence.

CONTACT:

DEQE Division of Water Pollution Control

1 Winter Street

Boston, Massachusetts 02110

292-5673

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BEALS AND THOMAS. INC.

PERMIT:

Sever Connection Permit

ISSUING AGENCY:

Department of Environmental Quality Engineering (DEQE) :
Division of Water Pollution Control

AUTHORITY;

MGL Chapter 21 Section 4 3

314 CMR 7.00

see also MDC Permits 350 CMR 11.00

REGULATED ACTIVITIES:

All sewer extensions and connections require this permit unless
exempted by DWPC regulations. Connections for discharges less
than 2000 gpd of domestic sewage as calculated under 314 CMR
are exempt unless a "sewer ban" has been imposed by DWPC in the
particular town. Any connection involving industrial waste
requires a permit.

PROCEDURE:

Prerequisites :

Applica'tion must be approved by municipality or District.

Components of Submission:

Cover letter, application, plans and filing fee
($100.00). (Application in 314 CMR 7.20)

Note: Contact local municipality or district and confirm filing
procedure.

Time Frame:

DWPC will make initial determination within one month
following submission.

File with DWPC at least 90 days before the date of
construction.

CONTACT:

DEQE

DWPC

1 Winter Street

Boston, Massachusetts 02110

292-5673

292-5646

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BEALS AND THOMAS, INC.

PERMIT:

Water Quality Certification

ISSUING AGENCY:

Department of Environmental Quality Engineering (DEQE) :
Division of Water Pollution Control

AUTHORITY:

MGL CH 21 S. 27 (12)
310 CMR 9.00

REGULATED ACTIVITIES:

Projects that require dredging or filling waters or wetlands
which require:

1. DEQE Superseding Order of Conditions;

2. CH 91 Waterways License;

3. Army Corps Permit Under 23 USC 1344; or

4. EPA Permit 3 3 USCS.13 41

PROCEDURE:

Prerequisites :

One of the above permits.

Components of Submission:

Cover letter, Notice of Intent package, Order of
Conditions, Application, project plans as requested in
the Application. No filing fee.

Time Frame:

Certification is usually issued 4-6 weeks after
submission; however, there is no statutory time
requirement.

CONTACT:

David Slagle or Judy Perry

DEQE - DWPC

1 Winter Street, 7th Floor

Boston, Massachusetts 02110

292-5673

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BEALS AND THOMAS, INC.

PERMIT:

CH 91 Waterways License

ISSUING AGENCY:

Department of Environmental Quality Engineering (DEQE) :
Division of Waterways

AUTHORITY :

MGL CH 91 S. 12-23
310 CMR 9.00

REGULATED ACTIVITIES:

Work proposed within:

1. In or over any tidelands (existing or previous tidelands) .

2. In or over any river or stream with respect to which
public funds have been expended, or

3. In or over any Great Pond or outlet.

PROCEDURE:

Prerequisites:

Must file Notice of Intent before filing for license.
Must have Order of Conditions prior to receiving
license. MEPA compliance is applicable.

Components of Submission:

Cover letter, Notice of Intent, Order of Conditions,
plans prepared in accordance with regulations, filing
fee, Water Quality Certifications.

Note: An Army Corps of Engineers permit will not be issued
until state license is issued. Construction can not
begin until the corps permit is issued.

Time Frame:

Public notice is issued regarding application for a
license. A license may be issued 45 days after public
notice, however, there is no statutory requirement.

Note: A public hearing oust be held for all non-water
dependent uses.

CONTACT:

DEQE

Division of Waterways

1 Winter Street, 7th Floor

Boston, Massachusetts 02110

292-5518

BEALS AND THOMAS. INC. " 8 "

PERMIT:

Dredging and Disposal of Dredged Material Permit

ISSUING AGENCY:

Department of Environmental Quality Engineering (DEQE) :
Division of Water Pollution Control

AUTHORITY:

MGL CH 21 S. 26-53
CH 91 S.2, 52, 55
CMR 314 S. 9.00

REGULATED ACTIVITIES:

Dredging activities in the waters of the Commonwealth or
disposal of dredged material.

PROCEDURE :

Prerequisites :

Likely to require an Order of Conditions and Water
Quality Certification and Army Corps Permit. See also
MEPA thresholds.

Components of Submission:

Application Form in 314 CMR 9.00.
Time Frame:

None specified.

CONTACT:

DEQE Division of Water Pollution Control
1-11 Winter Street, 7th Floor
Boston, Massachusetts 02110
292-5518

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BEALS AND THOMAS, INC.

PERMIT:

Construction and Maintenance of Dans

ISSUING AGENCY:

Department of Environmental Quality Engineering (DEQE) :
Division of Waterways

AUTHORITY:

MGL CH 253 S. 44-50 as amended by
CH 722 of Acts of 1979
310 CMR 9.00

REGULATED ACTIVITIES:

Construction of any dam which is 25' or higher, which can
impound 50 acre/ feet of water, or which is designated by
regulations.

PROCEDURE :

Prerequisites :

Must file a Notice of Intent before filing for a
License. Must have an Order of Conditions and can file
for a Chapter 91 License at the same time you file for a
Dam permit. MEPA may be triggered. Consult Army Corps
of Engineers Regulations, as well.

Components of Submission:

Cover letter and plans.

Project likely to involve Disposal of Dredged Material

Permit and US Corps of Engineers Permit.

Time Frame:

None specified.

CONTACT:

DEQE Division of Waterways
1-11 Winter Street, 7th Floor
Boston, Massachusetts 02110
292-5518

BEALS AND THOMAS, INC.

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PERMIT:

Subsurface Sewage Disposal

ISSUING AGENCY:

Local Board of Health

AUTHORITY:

Title V of the State Environmental Code

310 CMR 15.00

MGL CH. Ill S. 17 CH. 21 S.l

Local Board of Health Regulations

REGULATED ACTIVITIES:

Subsurface sewage disposal of not more than 15,000 gpd.

Note: Local BOH regulations may be more stringent than Title V.

PROCEDURE:

Prerequisites :

Percolation tests, witnessed groundwater.

Components of Submission:

Test data, subsurface sewage disposal plans. There is
usually a fee associated with permit application.

Time Frame:

Consult local regulations.

CONTACT:

Local Board of Health

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BEALS AND THOMAS. INC.

permit;

Water Withdrawal Permit

ISSUING AGENCY:

Department of Environmental Quality Engineering (DE~I) :
Division of Water Supply

AUTHORITY :

MGL CH. 21G S.3
310 CMR 36.00

REGULATED ACTIVITIES:

Proposed water withdrawal in excess of threshold volume defined
as a daily average of 100,000 gallons per day.

PROCEDURE:

Prerequisites :

Construction of any building or structure which may
require a new withdrawal can occur only after a permit is
obtained.

Components of. Submission:

Registration Application to DEQE regarding amounts of
withdrawal, use for water, type of water source, location
of source, conservation measures, discharge points and
other information outlined in 310 CMR 3 6.06.

Time Frame:

Note: After January 1, 1988 any withdrawal in excess of
the threshold must be either a) registered as an existing
withdrawal or b) allowed under a permit.

Existing withdrawals must be registered prior to January
1, 1988.

CONTACT:

DEQE - Division of Water Supply

One Winter Street

Boston, Massachusetts 02110

292-5765

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BEALS AND THOMAS, INC.

PERMIT:

DPW Tree Removal

ISSUING AGENCY:

Department of Public Works
District Office (see Appendix)

AUTHORITY :

MGL CH. 81 Section 21. No CMR

REGULATED ACTIVITIES:

Removal of trees located in the state highway layout.

PROCEDURE :

Prerequisites:

Must replace tree in accordance with DPW specifications
Components of Submission:

Submission of project plans to DPW.
Time Frame:

None specified.

CONTACT :

District Highway Engineer

DPW

see District Map in Appendix

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BEALS AND THOMAS, INC.

DPW Curb Cut

ISSUING AGENCY:

District Engineer, DPW

AUTHORITY :

MGL CH. 81 Section 21

See also: Part XI Rules Regulations for entrances to state

highway (in black filing cabinet)

REGULATED ACTIVITIES:

Entrances and exits to state highways.

PROCEDURE:

Prerequisites:

See design standards.

Components of Submission:

Definitive Plans prepared in accordance with design
standards, application.

Time Frame:

None specified

CONTACT:

District Highway Engineer
District Office
See Map in Appendix

- 14
BEALS AND THOMAS, INC.

PEEWIT:

Shade Tree Removal

ISSUING AGENCY:

Local Tree Warden

AUTHORITY :

MGL CH. 87 S. 3

REGULATED ACTIVITIES:

Cutting or trimming any tree within or touching upon a public
way.

PROCEDURE :

■to

Prerequisites:

None specified.
Components of Submission:

Cover letter, plans.
Time Frame:

Public hearing held after 7 day public notice period.
CONTACT :
Local Tree Warden

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BEALS AND THOMAS, INC.

PERMIT:

Scenic Roads

ISSUING AGENCY:

Varies. Usually the Planning Board, Selectmen or City Council.

AUTHORITY:

CH. 40 S. 15C

REGULATED ACTIVITIES:

Any repair, maintenance, paving involving cutting or removal of
trees or stone walls on a road designated by the Town/City as a
scenic road.

Note: Numbered route or state highways are not eligible for
scenic road status.

PROCEDURE:

Prerequisites :

None.
Components of Submission:

Cover letter, plans.

Time Frame:

Public notice must be advertised twice in a newspaper of
general circulation; and at least seven days prior to
hearing.

Note: The hearing for scenic roads and shade tree
removal may be consolidated.

CONTACT:

Local Planning Board

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BEALS AND THOMAS, INC.

PERMIT:

MDC Surface Water Drainage Disposal or Discharge

ISSUING AGENCY:

Metropolitan District Commission (see attached Map for MDC
Towns)

AUTHORITY :

MGL CH 92 Section 17
310 CMR S. 23.00

REGULATED ACTIVITIES:

Discharge of drainage into any drain, catch basin, stream,
river or tributary, or land under care of MDC must pass through
oil and gas separators.

PROCEDURE :

Prerequisites :

MDC requires engineering design to meet minimum standards.
Components of Submission:

Contact MDC directly. No formal application.
Time Frame:

None specified.

CONTACT :

MDC

Permits Section

20 Somerset Street

Boston, Massachusetts 02108

727-2033

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BEALS AND THOMAS, INC.

PERMIT:

MDC Special Connection - Sewer

ISSUING AGENCY:

MDC

AUTHORITY:

MGL CH 92

CH 814 Acts of 1974

REGULATED ACTIVITIES:

Sewer connections to MDC sewer.

PROCEDURE :

Prerequisites :

Components of Submission:

Contact must be made with Town. Town must file
application on behalf of proponent with plans.

Time Frame:

None specified

CONTACT:

MDC

Sewage Division

20 Somerset street

Boston, Massachusetts 02108

727-5326

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BEALS AND THOMAS, INC.

£££2111:

MDC - Construction within MDC easement or near MDC mains

ISSUING AGENCY:

Metropolitan District Commission

AUTHORITY:

Chapter 92 S. 95

REGULATED ACTIVITIES:

Any building or construction within an MDC water or sewer
easement or any crossing or excavation near MDC water or sewer
mains requires special permission.

PROCEDURE :

Prerequisites :

None specified.

Components of Submission:

Writen- request along with plans showing pertinent
information needed to protect MDC lines.

Time Frame:

None specified

CONTACT:

MDC

20 Somerset Street

Boston, Massachusetts 02108

727-2033

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BEALS AND THOMAS, INC.

PERMIT:

Industrial User Discharge Permit

ISSUING AGENCY:

Metropolitan District Commission

AUTHORITY:

MGL Chapter 92, as amended. Section 12 of Chapter 7 05 of the
Acts of 1975.
350 CMR S.11.00

REGULATED ACTIVITIES:

Discharges of industrial wastes to sewerage systems tributary
to or directly into the MDC system must obtain a joint permit
from the Commission and the municipality in which the discharge
is located.

PROCEDURE:

Prerequisites :

None specified.

Components of Submission:

File: Application for a permit to discharge wastewater
into the sewerage system of the local municipality and
the MDC with the MDC.

Time Frame:

None specified

CONTACT:

MDC

Sewerage Division

Sanitary Engineering Section

20 Somerset Street

Boston, Massachusetts 02108

727-8989

BEALS AND THOMAS, INC. " 20 "

EEBHIl:

Utility Installation Permits

ISSUING AGENCY;

Metropolitan District Commission

AUTHORITY:

MGL Chapter 92, Section 12 and 13

REGULATED ACTIVITIES:

Construction of utilities (gas, electric and telephone) within
land under the jurisdiction of the MDC

PROCEDURE :

Prerequisites :

Usually approvals are needed from specific utility
companies.

Components of Submission:

Project plans.
Time Frame:

None specified

CONTACT:

MDC

Permits Section

20 Somerset Street

Boston, Massachusetts 02108

727-2033

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BEALS AND THOMAS, INC.

II B. STATE REVIEWS

BEALS AND THOMAS, INC.

PERMIT t

State Register of Historic Places

ISSUING AGENCY:

Massachusetts Historical Commission

AUTHORITY:

MGL CH 9 S. 26 A-27 C
950 CMR 71.00

REGULATED ACTIVITIES:

When a project impacts any property listed on the state
Register of Historic Places.

PROCEDURE :

Prerequisites :

Consult MHC or State Register of Historic Places and
Updates .

Components of Submission:

Notification of MHC
Time Frame:

Consult MHC usually 3 0 day review.

CONTACT:

Massachusetts Historical Commission
80 Boylston Street
Boston, Massachusetts
727-8470

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BEALS AND THOMAS, INC.

PERMIT:

Coastal Zone Management (CZM) Consistency Certification

ISSUING AGENCY;

Coastal Zone Management (EOEA)

AUTHORITY :

15 CFR Part 93 0
301 CMR 21.00

REGULATED ACTIVITIES;

The Executive Office of Environmental Affairs (EOEA)
certification of consistency with the CZM Management plan is
required before federal permits may be issued for projects
within the CZM Zone.

See attached list of towns within the CZM. Also, any land
abutting a river or stream identified by EOEA as an "anadromous
fisheries" is also part of the "coastal zone".

Regulated activities are most commonly those affecting land or
water in a coastal zone for which a federal license or permit
is required. See regulations for additional activities.

PROCEDURE :

Prerequisites :

Usually Order of Conditions and other state permits are
required.

Components of Submission:

Applicant must submit a consistency determination to the
CZM office if the activity is determined to have
significant effects on the coastal zone.

Time Frame:

None specified. Certification of consistency is
published in the Environmental Monitor.

CONTACT:

CZM

EOEA

100 Cambridge Street

Boston, Massachusetts

727-9800

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BEALS AND THOMAS, INC.

PERMIT;

Compliance with the Massachusetts Environmental Policy Act
(MEPA)

ISSUING AGENCY:

Massachusetts Executive Office of Environmental Affairs

AUTHORITY :

MGL CH 30 S. 61-62H
301 CMR 11.00

REGULATED ACTIVITIES:

MEPA applies to the activities of all agencies of the
Commonwealth, to all activities. carried out with financial
assistance from agencies, and to all activities which require
permits granted by agencies when project exceeds certain
thresholds.

PROCEDURE:
Summary:

MEPA regulations establishes a procedure and
timetable for a two-level review process which
generally proceeds as follows: If a project exceeds
review thresholds, the proponent files an
Environmental Notification Form (ENF) . A thirty
(30) day review period follows during which the
Secretary receives comments and holds a site visit
and "scoping session". At the close of the ENF
review period, the Secretary determines whether an
Environmental Impact Report (EIR) is necessary. If
no EIR is required permit granting agencies may act
on the project. If an EIR is required, it is
prepared by the proponent and submitted to the
Secretary. The EIR is reviewed and commented on, at
both draft and final forms. After completion of the
Secretary's review of the final EIR and expiration
of a legal challenge period, agencies may act on the
project.

Prerequisites :

A project is subject to MEPA if it requires any agency
action, financial assistance or agency (state) permit.
For such projects, an ENF must be filed if one of the
following applies.

A.

B.

The project exceeds a categorical
threshold set forth in 3 01 CMR 11.25.

inclusion

The project exceeds a review threshold set forth in
301 CMR 11.26 for agency permits.

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BEALS AND THOMAS, INC.

C. The project exceeds a review threshold set forth in
301 CMR 11.27, for agency action or financial
assistance.

D. The project is in a designated ACEC (see 301 CMR
11.15) or the fail-safe provisions have beer.
involved (see 301 CMR 11.03 (a).

Components of Submission:

Public Notice must be published and the appropriate
review document (ENF, DEIR, FEIR) must be submitted and
circulated as outlined in 301 CMR 11.24.

Time Frame :

See attached flow chart.

CONTACT:

Secretary of Environmental Affairs
100 Cambridge Street - 20th Floor
Boston, Massachusetts 02202
727-5830

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BEALS AND THOMAS, INC.

The following is a list of state statutes which relate to
wetlands and waterways. These are generally overlays or
designated areas which would directly affect site planning
efforts.

1. Areas of Critical Environmental (ACEC) Concern (MGL CH
21A S. 2 310 CMR 12.00). See booklet of designated areas
in resource library. List of the ACEC's is attached in
the appendix.

2. Scenic and Recreational Rivers. See Appendix for list of
Rivers.

3. Restricted Wetlands (MGL CH. 131 S. 40A and 105). May
involve MEPA. Restricted wetlands are administered by
DEQE Wetlands Division.

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BEALS AND THOMAS, INC.

III. FEDERAL PERMITS

BEALS AND THOMAS, INC.

PERMIT :

Army Corps of Engineers Permit - Nationwide Permit

ISSUING AGENCY:

Army Corps of Engineers

AUTHORITY :

Section 10: Rivers and Harbors Act of 1899 (33 USC 403)

Section 404: Clean Water Act (33 USC 1344)

Section 103: Marine Protection Research and Sanctuaries

Federal Register November 13, 1986. Act of 1972 as amended (33

USC 1413)

REGULATED ACTIVITIES:

Activities resulting in the discharge of dredged or fill
materials into "waters of the U.S." broadly defined to include
wetlands; construction of structures (bulkheads, piers, etc.)
overhead and underwater utilities in wetlands or waterways (see
Federal Register) .

PROCEDURE :

Prerequisites :

Water Quality Certification and Order of Conditions

Components of Submission:

Cover letter, locus map, project plans (8' 1/2" x 11"
copy of filled area) , Water Quality Certification and
Order of Conditions. (The latter two may be forwarded to
Corps to facilitate early process of notification.)

Time Frame:

As of 11/87 NWP were being issued in 4 months. It is
recommended that the cover letter and plans be submitted
early and the Water Quality Certification and Order of
Conditions be forwarded to avoid unnecessary delay.

CONTACT:

Regulatory Branch

New England Division

US. Army Corps of Engineers

424 Trapelo Road

Waltham, Massachusetts 02154

647-8148

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BEALS AND THOMAS, INC.

PERMIT:

Army Corps of Engineers Permit - Individual

ISSUING AGENCY:

Army Corps of Engineers

AUTHORITY:

Section 10: Rivers and Harbors Act of 1899 (33 USC 403)

Section 404: Clean Water Act (33 USC 1344)

Section 103: Marine Protection Research and Sanctuaries

Federal Register November 13, 1986. Act of 1972 as amended (33

USC 1413)

REGULATED ACTIVITIES:

Activities resulting in the discharge of dredged or fill
materials into "waters of the US", construction of structures,
that exceed permit requirements for nationwide permits.

PROCEDURE :

Prerequisites :

Pre application meeting is advised.

Components of Submission:

Cover letter, Application, plans drawn to COE
specifications, fee may be assessed by District Engineer.

Time Frame:

Approximately 6-8 months depending on outcome of the
review period.

CONTACT:

Regulatory Branch

New England Division

US Army Corps of Engineers

424 Trapelo Road

Waltham, Massachusetts 02154

647-8148

- 28 -

BEALS AND THOMAS, INC.

IV. WETLAND PERMITTING GUIDELINES

BEALS AND THOMAS, INC.

WETLAND PERMITTING GUIDELINES
DECEMBER, 1987

The following wetland guidelines are designed to serve as a
general punchlist of items necessary for filing a Notice of
Intent. The information gathered can also be used in
facilitating the filing for Water Quality Certification and
Army Corps of Engineers Permit.

I. Preliminary Research

A. Conduct site visit.

1. Map or flag all resource areas on the site
(complete Wetland Log Form) . Note: If wetland
boundary is critical to design, the flags must
be located by field survey.

2. Check upstream and downstream conditions, and
note any wetlands located off site but which
have Buffer Zones on the project site.

3. Evaluate wildlife habitat and note the
following:

Vegetation: species composition, percent

cover, density, height, and
species diversity.

Soil: type, texture, moisture, depth.

Site Features: slope, topography and acreage.

Hydrology: water depth, quality,

turbulence, stream bottom.

Special conditions: tree cavity density, snag

density, density of
natural subsurface

crevices and cavities,
density of reptile basking
sites.

B. Conduct Site Research

1. Consult Rare Species Habitat Maps provided by
the Conservation Commission, and contact
Division of Fisheries and Wildlife for possible
vernal pools on the site.

- 29 -

BEALS AND THOMAS, INC.

2. Contact the Natural Heritage and Endangered
Species Program regarding any work proposed in
an area identified as rare species habitat.
Notification to the Heritage Program must
include a completed copy of Appendix A of a NOI
Form, an 8 1/2" x 11" locus map, and should be
filed no more than 90 days prior to filing of a
Notice of Intent.

3. Obtain and review relevant floodplain
information including FEMA maps, local
floodplain maps, and/or Army Corps flood
studies. Determine if locus is located in a
floodplain and if additional hydrologic
analysis will be required.

4. Determine if site is affected by the Inland and
Coastal Wetland Restriction Acts (MGL CH 131 S.
40 A and MGL CH 130 S. 105). See title
abstract for the property.

C. Contact local Conservation Commission and confirm:

a. Office hours.

b. Name of current Chairman.

c. Public Hearing schedule, and meeting schedule
(ie. for workshops) .

d. Public notice procedure and submission dates.

e. Filing fees.

f. Number of copies of the submission the
Commission requires.

g. Inquire about other procedural matters that may
deviate from state regulations.

h. Any local wetland by-law.

D. Obtain current deed information for the project site.
II. Design Research

A. Identify all resource areas.

B. Determine if proposed project can be completed
without altering resource area or if minor scale
down can prevent intrusion into wetlands.

C. Calculate surface area and volume of wetland filled
(if necessary) . (Note: Volume should be calculated
to the mean annual water level or one-year storm
elevation) .

D. Calculate compensatory wetland area and note
conformance with the Wetland Protection Regulations.

BEALS AND THOMAS, INC. " 30 "

E. Calculate 10 and 100 year storms and determine
percentage of resource area effected, if necessary.

111. Submission

A. Compile Submission material and make copies.

B. Filing

1. Original and two copies and filing fee to go to
the Conservation Commission (certified nail
return receipt or hand delivery) .

2. Two copies go to regional office DEQE via
certified mail return receipt or hand delivery.

3. Remaining copies should be distributed to
client and other parties involved.

4. BTI file copy should be placed in job folder.

IV. Post Submission

A. Confirm hearing date and time.

B. Obtain DEQE file number prior to hearing.

C. File for related wetland permits.

V. Other

Note: The one page abbreviated Notice of Intent can
be used for projects when all three of the
following exist:

1. The proposed work is only within the Buffer
Zone.

2. The proposed work will disturb less than 1000
sf of the Buffer Zone and/or land subject to
flooding.

3. The work will not require a Corps of Engineers
Section 10 or Section 404 permit or a license
from the Division of Waterways pursuant to
G.L.C.91.

MEP/clf

677

12/1/87

BEALS AND THOMAS, INC.

- 31 -

AREAS OF CRITICAL ENVIRONMENTAL CONCERN

Coastal Areas (see map)

Parker River/Essex Bay

Ellisville Harbor

Sandy Neck/Barnstable Harbor

Pocasset River

Waquoit Bay

Weymouth/Hingham Back River

Inner Cape Cod Bay

Weir River

Pleasant Bay

Inland Areas (see booklet)

Westborough Cedar Swamp

Braintree Cranberry Brook Watershed

Golden Hills (Saugus, Wakefield)

BEALS AND THOMAS. INC.

APPENDIX

BEALS AND THOMAS. INC.

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MASSACHUSETTS TOWNS COVERED UNDER COASTAL ZONE MANAGEMENT (CZM)

Acushnec

Barnstable

Berkley

Beverly

Brewster

Boston

Bourne

Braintree

Chatham

Chelsea

Chilnarlt

Cohasset

Danvers

Dartmouth

Dennis

Dighton

Duxbury

Eastham

Edgartovn

Essex

Everett

Fairhaven

Fall River

Falmouth

Freetown

Cay Head

Gloucester

Gosnold

Harwich

Hlogham

Hull

Ipswich

Kingston

Lynn

Manchester

Marblehead

Marion

Marshfield

Mashpee

Mattapoisett

Nahant

Nantucket

New Bedford

Newburport

Newbury

Norwell

Oak Bluffs

Orleans

Pembroke

Provincetovn

Plymouth

Quincy

Rehoboth

Revere

Rockport

Rowley

Salem

Salisbury

Sandwich

Saugus

Scituate

Seekonk

Somerset

Swampscott

Swansea

Tisbury

Truro

Wareham

Wellfleet

Westport

West Tisbury

Weymouth

Winthrop

Yarmouth

Amesbury

Hanover

Milton

Peabody

Taunton

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Commonwealth of Massachusetts

Executive Office of Environmental Affairs

Department of Environmental Management E C E I V E D

APR Zi ,986

KALS AND THOMAS, INC,

MASSACHUSETTS SCENIC RIVERS PROGRAM

LIST OF DESICNATEE AND CLASSIFIED RIVERS

February , 1985

DESIGNATED

STATE SCENIC RIVERS

(A state protective order, management plan or the equivalent
has been adopted by the Commissioner of the Department of
Environmental Management for all or a significant portion
of the river.)

North River, Hanover to Scituate, with parts of
Indian Head River and Herring Brook, Pembroke

Money /Hopper Brooks, Williams town

LOCAL SCENIC RIVERS

(A locally developed protective mechanism and /or
management plan that outlines a specific protection
strategy has been approved by the Commissioner of
the Department of Environmental Management.)

Charles River, Mellen Street in Bellingham/Milf ord
to Cochran Dam in Needham/Dover

Housatonic River, Lee /Lenox town line to the
Connecticut border

Merrimack River, from the New Hampshire border
to the ocean

Nashua River, North Branch and Mainstem; Route 2,
N. Leominster to the New Hampshire border

Squannacook River, West Townscnd to the Nashua River

16.2 miles
6.1 miles

38.0 miles

31.0 miles

49.7 miles

35.0 miles
15.2 miles

6-A

CLASSIFIED

(From the 180 rivers and streams nominated and inventoried, the following
met the criteria established for the respective classifications. Classified
rivers are proposed for designation and are monitored through an environ-
mental review procedure.)

NATURAL

Ashley Hill Brook, Mt. Washington 3.3 miles

Cold River, Florida and Savoy 4.6 miles

* Westfield River, East Branch, Chesterfield 4.0 miles

SCENIC NATURAL LANDSCAPE

Bashbish Brook, Mt. Washington (with Ashley Hill Brook-Natural) 1.9 miles

Cold River, Florida to Savoy, with tributaries:

Tannery Brook (0.8 miles), Ross Brook (1.5 miles),
Bog Brook (1.9 miles), and Gulf Brook (3.3 miles).
This includes the 4.6 Natural section of the Cold River 12.4 miles

' Dunbar Brook, Monroe 5.2 miles

Hopper Brook, Williamstown. This includes a 2.2 mile

Natural section (already designated) 4.1 miles

Ipswich River, Topsfield 5.9 miles

* Millers River, Winchendon to Royals ton 9.1 miles
Race Brook/Dry Brook, Mt. Washington and Sheffield 1.5/2.7 miles
Roaring Ercok/Kjusatonic River, Washington and Lenox 3.5/4.6 miles
Roberts Meadow Brook, Chesterfield to Northampton 4.2 miles
Shaker Mill Brook, Washington and Becket 4.0 miles
Swift River, West Branch, Wendell and Shutesbury 5.9 miles

* Westfield River, East Branch, Cummington to Huntington

(including the 4 mile Natural section) 14*0 miles

Whiting River, New Marlboro 5.3 miles

7-A

SCENT C CULTURAL

Agawam River, Plymouth en Wareham 9.1 milec

Fort River, Shutesbury to Hadley 14.1 niles

Quinebaug River, Holland to Southbridge 13. 5 miles

South River, Ashfield to Deerfield River 14.0 miles
Sudbury and Concord Rivers

Framingham to Concord River 17.2 miles

Concord to Billerica 8.5 miles

RECREATION NATURAL LANDSCAPE

Deerfield River, Shelbourne Falls to Stillwater Bridge 8.5 miles

Farmington River, West Branch, from confluence with 11.0 miles
Thorp Brook to Hayden Pond

Green River, Leyden to Greenfield 11.9 miles

Konkapot River, Monterey to Connecticut border 13.4 miles

Mashpee River, Mashpee 6.4 miles

* Pamet River, Truro 4.0 miles

* Parker River, Georgetown to Newbury 13.4 miles

Plum Island River, Newburyport 5.2 miles

Scantic River, Wesson Pond, Hampden to Connecticut line
(in coordination with the Connecticut Department

of Environmental Protection) 6.3 miles

* Stillwater River, Princeton to Wachusett Reservoir 7.8 miles

Swift River, East Branch and Main Stem

Brown Pond, Petersham to Quabbin Reservoir 9.5 miles

Quabbin Reservoir to Ware River 8.6 miles

* Tully River, East Branch

New Hampshire border to Millers River 11.0 miles

*

Westfield River, Dead Branch

Damon Pond, Chesterfield to East Branch 3.3 miles

* Westfield River, Middle Branch

Peru to Chester 13.5 miles

Westfield rd.ver, West Branch, Becket to Chester 9.1 miles

8-A

* Westport River

East Branch, Noquochoke Lake to ocean ?.] miles

West Erancn, Rhode Island border to ocean ~.r> miles

RECREATIONAL URBAN

Connecticut River, Vermont line to Holyoke dam plus Oxbow 52.8 miles

Ipswich River, Peabody to ocean (includes 5.9 Scenic

Natural Landscape section) 26.4 miles

Quaboag River, Quaboag Pond to Chicopee River 24.9 miles

Wampanoag Canoe Passage, Scituate to Fall River
(including portions of the North River, Herring
Brook, Satucket River, Hatfield, Taunton River) 72.0 miles

and Nemasket River 9.4 miles

*River is currently under study

9-A

301 CMR: EXECUTIVE OFFICE CF ENVIRONMENTAL AFFAIRS

11.01: continued

(5) ME?A Process Row Chart

(a) ENVIRONMENTAL NOTIFICATION FORM

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10-A

Coastal Areas of Critical
Environmental Concern

Cir^T'l Parker River/Essex Bay

2 Back River

3 Weir River

4 Ellisville Harbor

5 Pocasset River

6 Waauoit Bay

7 Sandy Neck
Inner Cape Cod Bay
Pleasant Bay

wrto O* CWwowhbjwqI AHqiii

COASTAL ZONE MANAGEMENT

([OAS

12-A