MA GPs (April 2018)

MA GPs 1 April 2018

Applicant: General Public in Massachusetts Effective Date: April 16, 2018

Expiration Date: April 5, 2023

Department of the Army

General Permits for the Commonwealth of Massachusetts

The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues General Permits

(GPs) for activities subject to Corps jurisdiction in waters of the U.S., including navigable waters, within

the boundaries of, and off the coast of, the Commonwealth of Massachusetts, excluding work within the

boundaries of Indian tribal lands. These GPs are issued in accordance with Corps regulations at

33 CFR Parts 320-332 (see 33 CFR 325.2(e)(2)). The GPs will protect the aquatic environment and the

public interest while effectively authorizing activities that have no more than minimal individual and

cumulative adverse environmental effects. This document supersedes the February 4, 2015 GPs.

This GP document contains the following sections: Page

I. General Criteria 1

II. Jurisdiction/Authorities to Issue Permits 2

III. Eligible Activities 3

IV. General Conditions 19

V. Self-Verification Notification Form 34

VI. Content of Preconstruction Notification 36

VII. Definitions and Acronyms 40

VIII. Contacts and Tribal Areas of Concern 47

IX. Historic Property Notification Form 49

I. GENERAL CRITERIA

1. See Section II to determine if the activity requires Corps authorization, and Sections III and IV to

determine if the activity may be eligible for authorization under the GPs, specifically whether it is eligible

for self-verification (SV) or a preconstruction notification (PCN) or an individual permit (IP) is required.

2. In order for activities to qualify for these GPs, they must comply with all applicable GP eligibility

criteria and general conditions in Section IV.

3. Project proponents are encouraged to contact the Corps with questions at any time. Pre-application

meetings (see 33 CFR 325.1(b)) are encouraged to facilitate early review and help streamline the permit

process by alerting the applicant to potential obstacles that may arise during the evaluation (e.g., historic

properties general condition (GC) 7 and endangered species (GC 10)).

4. Regulated activities that are not authorized by these GPs require IPs (see 33 CFR 325.5(b)) and

proponents must submit an application directly to the Corps. (Projects that require an IP will also require

an individual 401 Water Quality Certification (WQC) from the Massachusetts Department of

Environmental Protection (MassDEP) and Coastal Zone Management (CZM) individual consistency

concurrence from the Massachusetts Office of CZM.) These GPs do not affect the Corps IP review

process or activities exempt from Corps permit requirements. The Corps retains discretionary authority

on a case-by-case basis to elevate a SV to PCN or IP, or a PCN to IP based on concerns for the aquatic

environment or for any other factor of the public interest (33 CFR 320.4(a)). Whenever the Corps

notifies an applicant that a PCN or IP is required, no work in Corps jurisdiction may be conducted until

the Corps issues the required authorization in writing indicating that work may proceed.

MA GPs 2 April 2018

5. How to Obtain/Apply for Authorization

a. Self-verification (Self-Verification Notification Form (SVNF) required):

The project proponent may proceed with activities authorized under these GPs that are eligible for SV

without submitting a PCN to the Corps provided the prospective permittee has:

i. Verified that the activity will comply with all applicable terms and conditions of the GPs

and ensured that a PCN is not required. Consultation with the Corps and/or other relevant Federal and

State agencies may be necessary to ensure compliance with the applicable GCs in Section IV and related

Federal laws such as 33 U.S.C. 408 (GC 5), the National Historic Preservation Act (GC 7), the

Endangered Species Act (GC 10) and the Wild and Scenic Rivers Act (GC 8). The Corps can confirm

that SV eligible activities are authorized under the GPs upon request.

ii. Submitted the SVNF (Section V) to the Corps unless otherwise specified. By submitting

the SVNF, you are self-verifying that your project meets the terms and conditions of the applicable GPs.

b. Preconstruction Notification (application required):

i. For activities that do not qualify for SV or when it is stated that a PCN is required, the

permittee must submit a PCN to obtain written verification from the Corps before starting work in Corps

jurisdiction. Applicants must include the information in Section VI to ensure the application is complete

and to expedite project review. Applications should be emailed to cenae-[email protected]y.mil or to the

Corps project manager if one has been assigned. If the Corps determines that the PCN activity qualifies

for authorization under these GPs, the Corps will send a verification letter to the applicant. If the Corps

determines that the activity does not qualify for authorization under these GPs, or that additional

information is required, the Corps will notify the applicant in writing.

ii. Emergency Situations: Contact the Corps in the event of an emergency situation for

information on the application and approval process. Emergency situations are limited to sudden,

unexpected occurrences that could potentially 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 is subject to the same terms and conditions of these GPs as

non-emergency work, and similarly, must qualify for authorization under the GPs; otherwise an IP is

required. The Corps will work with all applicable agencies to expedite verification according to

established procedures in emergency situations.

II. JURISDICTION/AUTHORITIES TO ISSUE PERMITS

1. The following regulated activities require authorization under the Corps Regulatory Program

a. The construction of any structure in, over or under any navigable water of the United States

(U.S.), the excavating or dredging from or depositing of material in such waters, or the accomplishment

of any other work affecting the course, location, condition, or capacity of such waters. The Corps

regulates these activities under Section (§) 10 of the Rivers and Harbors Act of 1899. See 33 CFR 322;

b. The discharge of dredged or fill material into waters of the U.S. The Corps regulates these

activities under §404 of the Clean Water Act (CWA). See 33 CFR 323; and

c. The transportation of dredged material for the purpose of disposal in the ocean. The Corps regu-

lates these activities under §103 of the Marine Protection, Research and Sanctuaries Act. See 33 CFR 324.

2. Related laws: 33 CFR 320.3 includes a list of related laws, including but not limited to: §401 and

§402 of the CWA, §307(c) of the CZM Act of 1972, the National Historic Preservation Act of 1966, the

Endangered Species Act, the Fish and Wildlife Act of 1956, the Marine Mammal Protection Act of 1972,

the Magnuson-Stevens Fishery Conservation and Management Act, and §7(a) of the Wild and Scenic

Rivers Act.

MA GPs 3 April 2018

III. ELIGIBLE ACTIVITIES

The terms “navigable waters of the U.S.” and “waters of the U.S.” are used frequently throughout this

document and it is important that the reader understand these terms, which are defined in Section VII.

The area thresholds stated in GPs 1, 8-14, 16-20 and 23 apply when there is a discharge of dredged or fill

material or a discharge associated with excavation in waters of the U.S. Unless otherwise stated, the total

temporary and permanent impact area

is used to determine if a single and complete project is eligible for

SV or requires a PCN. An IP is required if the total permanent impact area

exceeds the PCN/GP

threshold.

Permanent impacts mean 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. Temporary impacts include, but are not limited to, waters

of the U.S. that are temporarily filled, flooded, excavated, or drained because of the regulated activity.

Temporary impacts are usually associated with construction activities and often involve the placement of

cofferdams and construction mats. These fills are removed when construction is completed. Pilings and

associated structures do not ordinarily constitute a discharge of fill material. Impacts resulting from

activities eligible for exemptions under §404(f) of the CWA are not considered when calculating the

impact area.

General Permits

1. Maintenance

2. Moorings

3. Structures

in Navigable Waters of the U.S.

4. Aids to Navigation, and Temporary Recreational Structures

5. Dredging, Disposal of Dredged Material, Beach Nourishment, and Rock Removal and Relocation

6. U.S. Coast Guard Approved Bridges

7. Bank and Shoreline Stabilization

8. Residential, Commercial and Institutional Developments, and Recreational Facilities

9. Utility Line Activities

10. Linear Transportation Projects and Stream Crossings

11. Mining Activities

12. Boat Ramps and Marine Railways

13. Land and Water-Based Renewable Energy Generation Facilities and Hydropower Projects

14. Temporary Construction, Access, and Dewatering

15. Reshaping Existing Drainage Ditches, New Ditches, and Mosquito Management

16. Response Operations for Oil and Hazardous Substances

17. Cleanup of Hazardous and Toxic Waste

18. Scientific Measurement Devices

19. Survey Activities

20. Agricultural Activities

21. Fish and Wildlife Harvesting and Attraction Devices and Activities

22. Aquaculture Activities

23. Aquatic Habitat Restoration, Establishment and Enhancement Activities

MA GPs 4 April 2018

GP 1. Maintenance (Authorities: §§10 and 404) Authorized are: (a) The repair, rehabilitation, or replacement of

any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill

authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses

specified in the original permit or the most recently authorized modification (see Note 1). Minor deviations in the

structure’s configuration or filled area, including those due to changes in materials, construction techniques,

requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make

the repair, rehabilitation, or replacement are also eligible. This GP also authorizes the removal of previously

authorized structures or fills. 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. This also authorizes the removal of accumulated

sediment and debris within, and in the immediate vicinity of, the structure or fill. This also authorizes the repair,

rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete

events, provided it is commenced, or is under contract to commence, within two years of the date of their destruction

or damage. In cases of catastrophic events, such as hurricanes or tornadoes, the Corps may waive the two-year limit

in writing provided the permittee can demonstrate funding, contract, or other similar delays; (b) The removal of

accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road

crossings, water intake structures, etc.). All dredged or excavated materials must be deposited and retained in an area

that has no waters of the U.S. unless otherwise specifically approved by the Corps under separate authorization; and

activity.

Not authorized under GP 1 (IP required): (a) Permanent impacts that are >1 acre in non-tidal waters of the U.S.;

>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; (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) Stream crossing

modifications (including sliplining), replacements or extensions (see GPs 8 - 10); (d) New stream channelization or

stream relocation projects (e.g., those in response to storm or flood events); or (e) Maintenance dredging, beach

nourishment or beach restoration (see GP 5).

Self-Verification

Eligible

PCN Required

Activities that do not

require a PCN or an

IP.

1. Minor deviations result in expansions (e.g., structures) or new permanent or temporary

impacts (i.e., outside of the previously authorized footprint) in waters of the U.S. This

includes bank or shoreline stabilization in front of existing structures; or

2. For authorized activity (b) above, the removal of sediment is limited to the minimum

necessary to restore the waterway in the vicinity of the structure to the approximate

dimensions that existed when the structure was built, but cannot extend >200 feet in any

direction from the structure; or

3. Impacts occur in special aquatic sites (SAS) other than non-tidal wetlands; or

4. Stream crossing work that does not require an IP. Minor repairs are SV eligible.

5. 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; or

6. The discharge of more than de minimis (i.e., inconsequential) quantities of accumulated

bottom sediment occur from or through a dam into downstream waters (see Note 2); or

7. Work on tide gates without a Corps-approved operation and maintenance plan or changes

affecting the hydraulic regime; or

8. Repair or replacement of currently-serviceable tide gates through the use of duckbill, flap

gate or manual check valves unless installed on existing outfall discharge pipes conveying

Temporary construction mats

placed in an area of any size in non-tidal waters necessary to conduct activities do not

count towards the SV or PCN/GP thresholds. Temporary construction mats in tidal SAS or >5000 SF in tidal waters

require a PCN, but mats

placed in an area of any size do not count towards the PCN/GP area thresholds. This only

applies to temporary construction mats, not other temporary fill. See GCs 3(a), 13 and 14.

MA GPs 5 April 2018

stormwater and/or industrial NPDES-permitted discharges from waters that are not waters of

the U.S.; or

9. 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: (a) ≤5 feet waterward from the ordinary high water mark

(OHW) or high tide line (HTL) and

in the dry; or (b) from Sep. 1 to Oct. 14. This is to

protect endangered species; or

10. 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 Corps permits may have

included authorization to maintain the activity, in which case authorization under this GP is not necessary.

2. See Corps Regulatory Guidance Letter No. 05-04 for more info.

GP 2. Moorings (Authority: §10)

New moorings and mooring fields; the relocation of previously authorized

moorings; expansions, boundary recon-

figurations or modifications of previously authorized mooring fields; and maintenance and replacement of moorings.

Not authorized under GP 2 (IP required): (a) Moorings or mooring fields converted to or associated with a new

boating facility

; (b) Moorings in a Corps Federal anchorage that are classified as a boating facility

except

municipal-operated mooring fields; or (c) Moorings in a Corps Federal channel.

Self-Verification Eligible

PCN Required

1. New or relocated moorings that meet all of the following terms:

a. Authorized by a local harbormaster/municipality under MGL

Chapter 91 §10A; and

b. Single boat, single-point and non-commercial; and

c. Not associated with a boating facility

; and

d. Neither placed within nor impact tidal vegetated shallows

(e.g., eelgrass); and

e. Attached to boats that do not contact the substrate during any

tidal cycle; and

f. Not located within a Corps 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 authorized

moorings.

1. New mooring fields; or expansions,

boundary reconfigurations or modifications

of existing, authorized mooring fields; or

2. Moorings that are not SV eligible and do

not require an IP. See Note 2.

Notes:

1. Low impact mooring technology prevents any part of the tackle from dragging on the bottom during the tidal cycle.

2. Locating new individual moorings in tidal vegetated shallows shall be avoided to the maximum extent practicable.

If tidal vegetated shallows cannot be avoided, plans should show low impact mooring technology that prevent

moorings chains from resting or dragging on the bottom substrate at all tides and helical anchors, or equivalent SAS

protection systems, where practicable. For moorings that appear to impact tidal vegetated shallows, the Corps may

require an eelgrass survey.

For all GPs, “authorized” means authorized by the Corps in writing or by 33 CFR 330.3, not a state or municipality,

unless otherwise stated. An SVNF was not required before January 21, 2010.

Boating facilities provide for a fee, rent or sell mooring or docking space, such as marinas, yacht clubs, boat clubs,

boat yards, dockominiums, town facilities, land/home owners associations, etc. 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 6 April 2018

GP 3. Structures in Navigable Waters of the U.S. (Authority: §10)

New, expansions, reconfigurations or modifications of structures in navigable waters of the U.S. including pile and

pole-supported piers, floats, stairs, shore outhauls, and boat and float lifts.

Not authorized under GP 3 (IP required): (a) Structures associated with a new boating facility; (b) Structures in a

Corps Federal anchorage or channel; or (c) Artificial reefs

Self-Verification Eligible

PCN Required

1. Private, non-commercial piers, floats and lifts that meet all of the

following terms:

a. Piers span ≤75 feet over salt marsh and are ≤4 feet wide and ≥4

feet above the marsh substrate (the height is measured from the marsh

substrate to the bottom of the lowest longitudinal support); and

b. Floats and lifts in tidal waters and non-tidal navigable waters of

the U.S. are ≥18 inches above the substrate during all tidal cycles.

Skids can only be used in areas where piles are not feasible and on

sandy or hard bottom substrates; and

c. Piers and floats in: (i) Tidal waters total ≤600 SF combined; and

(ii) Non-tidal navigable waters

of the U.S. total ≤300 SF combined;

and

d. Piers, floats and lifts: (i) Are ≥25 feet from previously mapped

or existing vegetated shallows, or riparian property line extensions;

and (ii) Extend ≤25% of the waterway width or ≤75 feet waterward

from OHW in non-tidal navigable waters

of the U.S. or mean high

water (MHW). See Note 1.

2. Fenders and similar structures.

1. Shore outhauls; or

2. Expansions, modifications, or new

reconfiguration zones at any authorized

boating facility; or

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.; or

4. Miscellaneous structures; or

5. Structures that are not SV eligible and do

not require an IP.

Notes:

1. See www.nae.usace.army.mil/missions/regulatory/useful-documents-forms-and-publications >> Structure

Placement in Navigable Waterways for guidance.

2. GC 11, Pile Driving and Removal, is particularly relevant.

GP 4. 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, chapter I, subchapter C, 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 6.

Self-Verification Eligible

PCN Required

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; (b) placed during winter events on ice and removed before

spring thaw; (c) authorized by the local harbormaster; (d) Not located

within an FNP; and (e) Not located in SAS.

Activities that are not SV eligible.

Note: An SVNF is not required for work authorized under SV #1 above.

MA GPs 7 April 2018

GP 5. Dredging (Authority: §10; navigable waters of the U.S.), Disposal of Dredged Material (Authorities:

§§10, 404 & 103; tidal waters of the U.S.), Beach Nourishment (Authorities: §§10 & 404; tidal and non-tidal

waters of the U.S.), Rock Removal (Authority: §10, navigable waters of the U.S.) and Rock Relocation

(Authorities: §§10 & 404; tidal and non-tidal waters of the U.S)

(a) New, maintenance and improvement dredging, including: (i) Return water from an upland contained dredged

material disposal area; and (ii) Disposal of dredged material at an upland, confined aquatic disposal cell, beach

nourishment, nearshore, designated open water or ocean water disposal site, provided the Corps finds the dredged

material to be suitable for such disposal; and (b) Beach nourishment from upland sources.

Not authorized under GP 5 (IP required): (a) New dredging >½ acre; ≥10,000 CY; >1000 SF of impacts to intertidal

areas, saltmarsh, mud flats, riffle and pool complexes, or non-tidal vegetated shallows; or >100 SF of impacts to tidal

vegetated shallows; (b) Maintenance or improvement dredging and/or disposal with >1 acre of impacts to SAS;

removal and relocation for navigation >½ acre; or (f) Blasting.

Self-Verification Eligible

PCN Required

1. Maintenance dredging of previously dredged areas, with upland disposal,

that meet all of the following terms:

a. Dredged area ≤½ acre; and

b. Not located in right whale critical habitat (see Note 1), tidal waters

from Mar 16 to Oct 31, 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; and

c. Not located in: (i) Tidal waters from Jan 15 to Oct 31; (ii) The

Connecticut River from the MA/NH border to the Turners Falls Dam from

Mar 15 to Nov 15; (iii) The Merrimack River from the MA/NH border to

the Essex Dam from Mar 1 to Nov 15; or (iv) The Charles River from the

Watertown Dam to the Amelia Earhart Dam from Feb 15 to Nov 15.

However, the time-of-year restriction(s) stated in Appendix B of the MA

DMF Technical Report TR-47 (see Note 2) can apply instead if they are

provided for a specific waterbody and less restrictive. This is to protect

EFH and other species; and

d. No impacts to tidal SAS, intertidal areas, areas located within

25’ of salt

marsh or 100’ of vegetated shallows, or areas containing shellfish (an area

contains shellfish unless: (i) it is verified that minimal shellfish are present

per the local shellfish constable or an actual survey; or (ii) it is not a shellfish

suitability area per the MassGIS shellfish suitability maps (see Note 3)); and

e. No return water from upland disposal areas.

2. Boulder relocation with ≤100 SF of impacts, no impacts to SAS and

relocated to a similar depth and substrate.

1. Maintenance dredging where the

primary purpose is sand mining for

beach nourishment; or

2. New dredging and associated

disposal <1/2 acre or <10,000 cubic

yards; or

3. Improvement dredging; or

4. Beach nourishment in waters of the

U.S. not associated with dredging; or

5. Activities that are not eligible for

SV and do not require an IP.

Notes:

1. See www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit >>

right whale critical habitat. The approximate boundaries are from the MA/NH border to Chatham.

2. See www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit

MA DMF Technical Report TR-47.

3. See www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit

MassGIS shellfish suitability maps.

4. Compensatory mitigation is generally required for impacts to tidal SAS and intertidal areas resulting from new

dredging.

5. Contact the Corps if a ten-year authorization to maintain an area is desired.

MA GPs 8 April 2018

GP 6. 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 §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 6: Causeways and approach fills (see GP 10).

Self-Verification Eligible

PCN Required

Discharges of dredged or fill material incidental to the

construction of bridges.

Note: As with all other GPs, a PCN may be required if stated in the General Conditions section.

GP 7. Bank and Shoreline Stabilization (Authorities: §§10 & 404)

Bank and shoreline stabilization activities in waters of the U.S. necessary for erosion control or prevention, such as

vegetative stabilization, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of

techniques (e.g., living shorelines), provided the activity meets all of 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.; and (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.

Not authorized under GP 7 (IP required): (a) Bank stabilization >500 feet in total length including both stream banks

unless the Corps waives this criterion by making a written determination concluding that the discharge will result in

no more than minimal adverse effects; (b) Stream channelization or relocation activities; or (c) Breakwaters, groins or

jetties.

Self-Verification Eligible

PCN Required

Activities in non-tidal waters that meet

all of the following terms:

a. ≤100 feet in length including

both stream banks; or ≤100 feet in

length on each side of the stream bank

when necessary to protect

transportation infrastructure; and

b. ≤1 cubic yard of fill per linear

foot average along the bank

waterward of the plane of OHW; and

c. The slope of the structure is

more gradual than 1V:3H in

lakes/ponds; and 1V:1H in non-tidal

streams; and

d. No impacts to SAS.

1. Activities in non-tidal waters that are:

a. >100 feet to ≤500 feet in length including both stream banks; or >100

feet in total length on each side of the stream bank and ≤500 feet including

both stream banks when necessary to protect transportation infrastructure; or

b. >1 cubic yard of fill per linear foot average along the bank waterward

of the plane of OHW; or

c. The slope of the structure is steeper than 1V:3H in lakes/ponds; and

1V:1H in non-tidal streams; or

d. Impacts to SAS; or

2. The activity is located in tidal waters; or

3. Bulkheads, seawalls or similar structures for maritime activities; or

4. 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: (a)

<5 feet waterward from OHW or HTL and in the dry

; or (b) from Sep. 1 to

Oct. 14. This is to protect endangered species; or

5. Activities that are not eligible for SV and do not require an IP.

Note: See GP 1 for information on the replacement or maintenance of existing, currently serviceable structures.

MA GPs 9 April 2018

GP 8. Residential, Commercial and Institutional Developments and Recreational Facilities (Authorities: §404)

Discharges of dredged or fill material into non-tidal waters of the U.S for the construction or expansion of:

(a) Residences and residential subdivisions; (b) Residential, commercial and institutional building foundations and

building pads and attendant features such as roads, parking lots, garages, yards, and utility lines; and (c) Recreational

facilities.

Not authorized under GP 8 (IP required): (a) Permanent impacts in non-tidal waters of the U.S. that are >1 acre, or

>1000 SF in riffle and pool complexes or vegetated shallows; or (b) Subsurface sewerage disposal systems in waters

of the U.S. (see Note 1 below).

Self-Verification Eligible

PCN Required

Permanent and temporary impacts in non-tidal

waters of the U.S. that are: (a) ≤5000 SF; and

(b) not located in vegetated shallows or riffle

and pool complexes.

1. Permanent and temporary impacts in non-tidal waters of the U.S.

that are: (a) >5000 SF; or (b) located in vegetated shallows or riffle

and pool complexes; or

2. Stream and wetland crossings (see Note 2) that require a PCN per

GC 19(b)-(e); or

3. Stream channelization, relocation, impoundment, or loss of

streambed occurs; or

4. Activities that are not SV eligible and do not require an IP.

Notes:

1. Stormwater conveyance components and non-porous, septic effluent pipes that transmit effluent to or between

components may be eligible for authorization under GP 9.

2. Stream and wetland crossings include permanent and temporary crossings, including those built with construction

mats; and modifications (including sliplining), replacements or extensions to existing crossings.

MA GPs 10 April 2018

GP 9. Utility Line Activities (Authorities: §§10 & 404)

Activities required for: (a) The construction, maintenance, repair or removal of utility lines, including outfall and

intake structures, and the associated excavation, backfill, or bedding for the utility lines in tidal and non-tidal waters

of the U.S.; (b) The construction, maintenance, or expansion of utility line substation facilities associated with a

power line or utility line in non-tidal waters of the U.S.; and (c) The construction or 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 for the construction and maintenance of utility lines,

including overhead power lines and utility line substations, in non-tidal waters of the U.S., provided the activity, in

combination with all other activities included in one single and complete project, does not cause the permanent loss of

greater than 1 acre of non-tidal waters of the U.S. Access roads used solely for construction of the utility line must be

removed upon completion of the work (see GC 15).

Not authorized under GP 9 (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

; or

Self-Verification Eligible

PCN Required

Activities that meet all of the following

terms:

1. Cumulative permanent and temporary

impacts for all single and complete projects

associated with the overall project (see Note

2) in non-tidal waters of the U.S. that:

(a) total ≤5000 SF;

and (b) are not located in

vegetated shallows or riffle and pool

complexes; and

2. Intake structures that are dry hydrants

used exclusively for firefighting activities

with no stream impoundments; and

3. 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.

1. Cumulative permanent and temporary impacts for all single and

complete projects associated with the overall project (see Note 2) in

non-tidal waters of the U.S. that: (a) total >5000 SF; or (b) are located

in vegetated shallows or riffle and pool complexes; or

2. The activity occurs in tidal waters or in, over or under navigable

waters of the U.S.; or

3. Access roads involving stream and wetland crossings (see Note 3)

that require a PCN per GC 19(b)-(e); or

4. Stream channelization, relocation, impoundment, or loss of

streambed occurs; or

5. The utility line is placed within and runs parallel to or along a

streambed; or

6. There is a permanent change in preconstruction contours in waters

of the U.S.; or

7. Material resulting from trench excavation is temporarily sidecast

into waters of the U.S. for >3 months (material must be placed such

that it is not dispersed by currents or other forces); or

8. Activities that are not SV eligible and do not require an IP.

Notes:

1. A utility line is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry

substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy,

telephone, data, 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.

2. The PCN must describe the locations of the starting point, end point, and all proposed impacts to aquatic resources

in between in order to assess the cumulative effects for the overall project.

3. Stream and wetland crossings include permanent and temporary crossings, including those built with construction

mats; and modifications (including sliplining), replacements or extensions to existing crossings.

4. Impacts resulting from mechanized pushing, dragging, or other similar activities that redeposit excavated soil

material shall be figured into the area limit determination.

MA GPs 11 April 2018

GP 10. Linear Transportation Projects and Stream Crossings (Authorities: §§10 & 404)

Activities 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. Any stream

channel modification is limited to the minimum necessary to construct or protect the linear transportation project;

such modifications must be in the immediate vicinity of the project. Access roads constructed above preconstruction

contours and elevations in waters of the U.S. must be properly bridged or culverted to maintain surface flows.

Not authorized under GP 10 (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) Non-

linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings,

parking lots, train stations, or aircraft hangars (see GP 8); or (d) Tide gates.

Self-Verification Eligible

PCN Required

Cumulative permanent and temporary

impacts for all

single and complete

projects associated with the overall

project (see Note 2) in non-tidal waters

of the U.S. that: (a) total ≤5000 SF;

and

(b) are not located in vegetated

shallows or riffle and pool complexes.

1. Cumulative permanent and temporary impacts in non-tidal waters of the

U.S. for all single and complete projects

associated with the overall project

(see Note 2) that: (a) total >5000 SF; or (b) are located in vegetated

shallows or riffle and pool complexes; or

2. The activity occurs in tidal waters or in, over or under navigable waters

of the U.S.; or

3. Stream and wetland crossings (see Note 3) that require a PCN per GC

19(b)-(e); or

4. Stream channelization, relocation, or loss of streambed (see Note 4)

including impoundments, occur; or

5. Activities that are not eligible for SV and do not require an IP.

Notes:

1. Discharges of dredged or fill material incidental to the construction of bridges across navigable waters of the U.S.

may be authorized under GP 6.

2. The PCN must describe the locations of the starting point, end point, and all proposed impacts to aquatic resources

in between in order to assess the cumulative effects of the overall project.

3. Stream and wetland crossings include permanent and temporary crossings, including those built with construction

mats; and modifications (including sliplining), replacements or extensions to existing crossings.

4. Loss of streambed does not require a PCN when: a) stream crossings are constructed in accordance with

GC 19; or b) bridge piers or similar supports are used.

GP 11. Mining Activities (Authorities: §§10 and 404)

Discharges of dredged or fill material into non-tidal waters of the U.S. for mining activities, except for coal mining

and metallic mineral mining activities.

Not authorized under GP 11 (IP required): (a) Permanent impacts >1 acre in non-tidal waters of the U.S.; or

(b) Activities in tidal waters.

Self-Verification Eligible

PCN Required

Permanent and temporary impacts in non-

tidal waters of the U.S. that are:

(a) ≤5000 SF: and (b) not located in

vegetated shallows or riffle and pool

complexes.

1. Permanent and temporary impacts in non-tidal waters and wetlands

that are: (a) >5000 SF; or (b) located in vegetated shallows or streams; or

2. The activity occurs in non-tidal navigable waters of the U.S.; or

3. Stream channelization, relocation, impoundment, loss of streambed,

or discharge of tailings into streams occurs; or

4. Activities that are not eligible for SV and do not require an IP.

MA GPs 12 April 2018

GP 12. Boat Ramps and Marine Railways (Authorities: §§10 and 404)

Activities required for the construction of boat ramps and marine railways.

Not authorized under GP 12 (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 shallows

; or (c) dredging in navigable waters of the

U.S. (see GP 5).

Self-Verification Eligible

PCN Required

Permanent and temporary impacts in

non-tidal waters of the U.S. that are:

(a) ≤5000 SF;

and (b) not located in

vegetated shallows or riffle and pool

complexes

1. Permanent and temporary impacts in non-tidal waters of the U.S. that

are: (a) >5000 SF; or (b) located in vegetated shallows or riffle and pool

complexes; or

2. The activity occurs in tidal or navigable waters of the U.S.; or

3. Boat ramps are located within 25 feet of property line extensions unless

the properties are owned by the same owner. The Corps may require a

letter of no objection from the abutter(s); or

4. Activities that are not eligible for SV and do not require an IP.

GP 13. Land and Water-Based Renewable Energy Generation Facilities (Authorities: §§10 and 404), and

Hydropower Projects (Authority: §404)

Structures and work in navigable waters of the U.S. and discharges of dredged or fill material into tidal and non-tidal

waters of the U.S. for the construction, expansion, modification or removal of: (a) Land-based renewable energy

production facilities, including 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.

For (a) and (b) above, such facilities include water-based wind or hydrokinetic renewable energy generation projects

and infrastructure to collect solar (concentrating solar power and photovoltaic), wind, biomass, or geothermal energy.

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.

Not authorized under GP 13 (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 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

PCN Required

For land-based facilities,

permanent and temporary impacts

in non-tidal waters of the U.S. that

are: (a) ≤5000 SF;

and (b) not

located in vegetated shallows or

riffle and pool complexes.

1. For land-based facilities, permanent and temporary impacts in non-tidal waters

of the U.S. that are: (a) >5000 SF; or (b) located in vegetated shallows or riffle

and pool complexes

; or

2. Water-based wind or hydrokinetic renewable energy generation projects, and

hydropower projects; or

3. For all activities eligible for authorization under GP 13: a) The activity occurs

in tidal waters or in, over or under navigable waters

of the U.S.; or b) Stream

channelization, relocation, impoundment, or loss of streambed occurs; or

4. Activities that are not eligible for SV and do not require an IP.

Note: 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 9.

MA GPs 13 April 2018

GP 14. 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 14 (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

(see exception in Note 3 below); (c) Use of cofferdams to dewater wetlands or other aquatic areas to change their use;

(d) Temporary stream crossings (see GPs 8 - 10); (e) Structures or fill left in place after construction is completed.

Self-Verification Eligible

PCN Required

Activities that meet all of the following

terms:

1. Impacts in non-tidal waters of the U.S.

that are: (a) ≤5000 SF; and (b) not

located in

vegetated shallows or riffle and pool

complexes (see exception in Note 2); and

2. Impacts in tidal waters that are: (a) ≤5

000

SF; and (b) not located in SAS; and

3. Structures in navigable waters of the U.S.

provided no impacts occur in tidal SAS and

they are left in place ≤30 days.

1. Impacts in non-tidal waters of the U.S. that are: (a) >5000 SF; or

(b) located in vegetated shallows or riffle and pool complexes (see

exception in Note 2); or

2. Impacts in tidal waters of the U.S. that are: (a) >5000 SF; or

(b) located in SAS (see Note 3); or

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: (a) <5

feet waterward from OHW or HTL and in the dry

; or (b) from Sep. 1 to

Oct. 14. 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. PCNs must include plans to demonstrate this.

2. Temporary construction mats

placed in an area of any size in non-tidal waters of the U.S. do not count towards the

SV or PCN/GP area thresholds (see GCs 3(a), 13 and 14). This only applies to temporary construction mats, not other

temporary fill.

3. Temporary construction mats in tidal SAS or

>5000 SF in tidal waters require a PCN, but mats placed in an area of

any size do not count towards the PCN/GP area thresholds (see GCs 3(a), 13 and 14). This only applies to temporary

construction mats, not other temporary fill.

GP 15. 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 waters

of the U.S., 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 15 (IP required): Temporary impacts

; stream channelization, relocation, impoundments, or

loss of streambed.

Self-Verification Eligible

PCN Required

≤500 linear feet of drainage

ditch will be reshaped

provided excavated material

is deposited in an upland area.

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.); or

2. 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); or

3. Mosquito reduction activities in tidal waters, or those in non-tidal waters that are

not SV eligible; or

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 14 April 2018

GP 16. Response Operations for Oil and Hazardous Substances (Authorities: §§10 and 404)

Eligible for authorization are the following activities in waters of the U.S.: (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. SAS should be restored in place at the same elevation.

Self-Verification Eligible

PCN Required

1. Activities are conducted in accordance with (a) or (b) above that are not

planned or scheduled, but an emergency response (see Note 1); and

2. Booms placed in navigable waters of the U.S. for oil and hazardous substance

containment, absorption and prevention; and

3. Temporary impacts for spill response training exercises <5000 SF in non-tidal

waters of the U.S. and <1000 SF in tidal waters with no impacts to SAS; and

4. Temporary structures in tidal waters with no impacts to SAS and in place ≤30

days.

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 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 Corps at

(978) 318-8338 before or as soon as possible after the work authorized under GP 16(a) - (c) commences for the Corps

to address the effects under the Federal Endangered Species Act.

2. Permittees have until two weeks following commencement of the activities in GP 16 to submit the SVNF.

However, an SVNF need not be submitted 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.

GP 17. Cleanup of Hazardous and Toxic Waste (Authorities: §§10 and 404)

Specific activities in waters of the U.S. to effect 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. The SAS should be restored in

place at the same elevation to the maximum extent practicable.

Self-Verification Eligible

PCN Required

Permanent and temporary

impacts in non-tidal waters

of the U.S. that are:

(a) ≤5000 SF; and (b) not

located in vegetated

shallows or riffle and pool

complexes.

1. Permanent and temporary impacts in non-tidal waters of the U.S. that are:

(a) >5000 SF; or (b) located in vegetated shallows or riffle and pool complexes; or

2. The activity occurs in tidal or navigable waters

of the U.S.; or

3. Stream channelization, relocation, impoundment, or loss of streambed occurs; or

4. The activity involves establishing new disposal sites or expanding existing sites used

for the disposal of hazardous or toxic waste in waters of the U.S.; or

5. Activities that are not eligible for SV and do not require an IP.

Notes:

1. Activities undertaken entirely on a Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA) site by authority of CERCLA as approved or required by EPA, are not required to obtain permits under

§404 of the CWA or §10 of the Rivers and Harbors Act.

2. Permittees have until two weeks following commencement of the activities in GP 17 to submit the SVNF.

MA GPs 15 April 2018

GP 18. Scientific Measurement Devices (Authorities: §§10 and 404) Scientific measurement devices in waters of

the U.S. 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 18 (IP required): (a) Permanent impacts that are >5000 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; >5000 SF in saltmarsh, mud flats, or riffle and pool

complexes; or >1000 SF in vegetated shallows

Self-Verification Eligible

PCN Required

Temporary measuring devices and associated

structures (e.g., anchors, buoys, etc.) in tidal and

non-tidal waters of the U.S. provided: (a) in non-

tidal waters of the U.S. permanent impacts are

≤1000 SF, temporary impacts are ≤5000 SF, and

no impacts occur in riffle and pool complexes or

vegetated shallows; and (b) no impacts in tidal

waters.

1. In non-tidal waters of the U.S., permanent impacts are >1000

SF, temporary impacts are >5000 SF, or impacts occur in riffle

and pool complexes or vegetated shallows; or

2. Impacts occur in tidal waters; or

3. Biological sampling devices, weirs or flumes, or the activity

restricts or concentrates movement of aquatic organisms; or

4. Devices that are not eligible for SV and do not require an IP.

Note: An SVNF need not be submitted for temporary measuring devices with a footprint of <10 square feet, with a

profile of <3 feet high measured from the substrate, and located in water deeper than -10 feet MLW.

GP 19. Survey Activities (Authorities: §§10 and 404)

Survey activities in waters of the U.S. 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 19 (IP required): (a) Permanent impacts that are >1 acre in tidal and non-tidal waters of the

U.S.; >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; >5000 SF in saltmarsh, mud flats, or riffle and pool

complexes; or >1000 SF in vegetated shallows

Self-Verification Eligible

PCN Required

1. Permanent impacts that are ≤1000 SF and

temporary impacts that are ≤5000 SF

in non-

tidal

waters of the U.S. provided no impacts occur in

riffle and pool complexes or vegetated shallows;

and

2. Survey activities including temporary

structures in tidal waters provided no impacts

occur; and

3. Temporary structures in navigable waters

the U.S.

1. In non-tidal waters of the U.S., permanent impacts are >1000

SF, temporary impacts are >5000 SF, or impacts occur in riffle

and pool complexes or vegetated shallows; or

2. Impacts occur in tidal waters; or

3. Exploratory trenching (see Note 2) occurs in waterways (e.g.,

streams, tidal waters); or

4. Activities associated with the recovery of historic resources,

and the drilling and discharge of excavated material from test

wells for oil and gas exploration; or

5. 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; or

6. Activities that are not eligible for SV and do not require an IP.

Notes:

1. An SVNF need not be submitted for wetland delineations, and core sampling conducted for preliminary evaluation

of dredge project analysis.

2. For the purposes of GP 19, 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 16 April 2018

GP 20. Agricultural Activities (Authority: §404)

Discharges of dredged or fill material in non-tidal waters of the U.S. 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 20 (IP required): (a) Permanent impacts that are >1 acre in non-tidal waters of the U.S.; 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

PCN Required

Permanent and temporary

impacts in non-tidal waters

of the U.S. that are:

(a) ≤5000 SF; and (b) not

located in vegetated shallows

or riffle and pool complexes.

1. Permanent and temporary impacts in non-tidal waters of the U.S. that are: (a)

>5000 SF; or (b) located in vegetated shallows or riffle and pool complexes; or

2. Activities occur in non-tidal navigable waters of the U.S.; or

3. Stream channelization, relocation, impoundment, loss of streambed, or farm ponds

in non-perennial streams occurs; or

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).

GP 21. 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 lobster pound nets, crab

traps, 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 21 (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

PCN Required

Fish and wildlife harvesting

and attraction devices and

activities that do not require a

PCN or IP.

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; or

2. Devices and activities that are located in tidal SAS; or

3. Devices and activities that do not require an IP. Activities that do not require a

PCN or an IP may be SV eligible.

Note: An SVNF need not be submitted for work authorized under GP 21.

MA GPs 17 April 2018

GP 22. 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 waters of the U.S. necessary for shellfish seeding,

rearing, cultivating, transplanting, and harvesting activities; and (c) Shellfish seeding or brushing the flats projects.

The area and any elevated structures within it must be marked in conformance with 33 CFR 64, and the permittee

must contact the USCG, First District, Aids to Navigation Branch (617) 223-8347 to coordinate the proper buoy

markings for the activity. Buoys shall be deployed and maintained as appropriate. 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.

Not authorized under GP 22 (IP required): (a) 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;

(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, stockpiles, or staging areas, or the deposition of shell material back into waters of the U.S. as waste;

(e) Private sites >10 acres or municipal areas >25 acres; (f) Rafts and other floating equipment that cover >10% of the

project area or 20,000 SF, whichever is greater. An area is considered covered with floating equipment if normal

navigation through the area is precluded; or (g) Activities, including any vehicular access, that negatively impact

coastal or freshwater wetlands, or with more than minimal negative impacts on: (1) Avian resources such as, but not

limited to, shore birds, wading birds, or members of the waterfowl group. This is meant to include migratory bird

nesting, feeding or resting activities (see 50 CFR 10.13); or (2) Existing or naturally occurring beds or population of

shellfish, marine worms or other invertebrates that could be used by humans, other mammals, birds, reptiles, or

predatory fish.

Self-Verification Eligible

: Devices and activities that do not require a PCN or an IP.

PCN Required

1. Permanent & temporary impacts in tidal or non-tidal waters of the U.S. including cultch or spatted shell; or

2. Structures such as cages, trays, racks, bags, rafts or other floating equipment. However, structures are SV eligible

provided a PCN is not required elsewhere in this document and they are: (a) located within the footprint of an

existing authorized fixed or floating structure in which case in-water lines, ropes or chains may be used;

(b) comprised of floating upweller docks totaling ≤640 SF in area; (c) structures (e.g., cages, racks) elevated ≥2 feet

above the ocean floor with legs within a lease site with ≤4 buoys marking the corners an no other lines; or (d) 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; and

3. Research, educational, commercial-viability or experimental aquaculture gear activities for indigenous species; or

4. Activities include a species not previously cultivated in the waterbody; or

5. Kelp or finfish aquaculture; or

6. Land-based hatchery intakes >3 inches in diameter; or

7. Activities in water depths >10 feet mean low lower water (MLLW); or

8. Activities with in-water lines, ropes or chains (see exceptions in 2(a), (c) and (d) above); or

9. Activities occur in SAS or involve mechanical or hydraulic dredging;

10. 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; or

11. 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 ≤1/2 acre; or

12. Aquaculture facilities <25 acres applied for by municipalities; or

13. Activities that do not require an IP. Activities that do not require a PCN or an IP may be SV eligible.

Notes: (1) 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, includ-

ing any such organism transferred from one country into another”; and (b) aquatic nuisance species as “a nonindig-

enous 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.” (2) Aquaculture

applicants do not need to notify the SHPO since these projects are unlikely to affect historic or archaeological

resources, but must notify the BUAR and applicable tribes per GC 7(c). (3) The MA Shellfish Planting Guidelines

are located at www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit.

MA GPs 18 April 2018

GP 23. Aquatic Habitat Restoration, Enhancement, and Establishment Activities (Authorities: §§10 and 404)

Activities in waters of the U.S. associated with the restoration, enhancement and establishment of non-tidal and tidal

wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters; the

relocation of non-tidal waters, including non-tidal wetlands and streams, on the project site; the restoration and

enhancement of shellfish, finfish and wildlife habitat; 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. To be authorized by this GP, the activity must be planned, designed, and implemented so that it results in

aquatic habitat that resembles an ecological reference. An ecological reference may be based on the characteristics of

an intact aquatic habitat or riparian area of the same type that exists in the region, or based on a conceptual model

developed from regional ecological knowledge of the target aquatic habitat type or riparian area.

Activities authorized by this GP include, but are not limited to: the removal of accumulated sediments; the removal,

installation, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or

fill material to restore appropriate stream channel configurations after small water control structures, dikes, and

berms, are removed; the installation of current deflectors; the enhancement, restoration, or establishment of riffle and

pool stream structure; the placement of in-stream habitat structures; modifications of the stream bed and/or banks to

restore or establish stream meanders; the backfilling of artificial channels; the removal of existing drainage structures,

such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the

installation of structures or fills necessary to establish or re-establish wetland or stream hydrology; the construction of

small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom

in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed

preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in

areas where those plant communities previously existed; re-establishment of tidal wetlands in tidal waters where those

wetlands previously existed; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation;

and other related activities. Only native plant species may be planted at the site.

Not authorized under GP 23 (IP required): Stream channelization activities or artificial reefs.

Self-Verification Eligible

PCN Required

1. Permanent or temporary impacts in

non-tidal waters of the U.S. that are

≤5000 SF; and

2. Eelgrass or salt marsh planting and

transplanting ≤100 SF in tidal waters; and

3. Shellfish seeding without cultch or

spatted-shell.

Activities 1 and 2 above must be

authorized by a Final Order of

Conditions, or 401 WQC if required, in

order to be SV eligible.

1. Permanent or temporary impacts in non-tidal waters of the U.S. that

are >5000 SF; or

2. Permanent or temporary impacts or structures are located in tidal

waters of the U.S. including cultch or spatted-shell placement; or

3. Eelgrass or salt marsh planting and transplanting >100 SF in tidal

waters; or

4. Permanent water impoundments, dam removal or fish ladders; or

5. Stream relocation, impoundment, or loss of streambed occurs; or

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). See Note 2; or

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:

(a) <5 feet waterward from OHW or HTL and in the dry

; or (b) from

Sep. 1 to Oct. 14. This is to protect endangered species; or

8. Activities that are not eligible for SV and do not require an IP.

Notes: 1. GC 10 states a PCN is required for any activity that may affect listed species or habitat. This includes

beneficial effects. 2. 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.

MA GPs 19 April 2018

IV. GENERAL CONDITIONS:

To qualify for GP authorization, the prospective permittee must comply with the following general

conditions, as applicable.

1. Other Permits

2. Federal Jurisdictional Boundaries

3. Mitigation (Avoidance, Minimization, and Compensatory Mitigation)

4. Single and Complete Projects

5. Activities Affecting Structures or Works Built by the United States

6. Navigation

7. Historic Properties

8. Wild and Scenic Rivers

9. Essential Fish Habitat and Fish and Wildlife Resources

10. Federal Threatened and Endangered Species

11. Pile Driving and Removal

12. Utility Line Installation and Removal

13. Heavy Equipment in Waters and Wetlands

14. Temporary Fill

15. Removal of Temporary Fills and Restoration

16. Soil Erosion and Sediment Controls

17. Aquatic Life Movements

18. Management of Water Flows

19. Stream Work and Crossings and Wetland Crossings

20. Floodplains and Floodways

21. Storage of Seasonal Structures

22. Spawning, Breeding, and Migratory Areas

23. Vernal Pools

24. Coral reefs

25. Invasive and Other Unacceptable Species

26. Blasting

27. Suitable Material

28. Stormwater Treatment or Detention Systems

29. Tide gates

30. Water Quality Certification

31. Coastal Zone Management

32. Permit On Site

33. Self-Verification Notification Form

34. Inspections

35. Maintenance

36. Property Rights

37. Transfer of GP Verifications

38. Modification, Suspension, and Revocation

39. Special Conditions

40. False or Incomplete Information

41. Abandonment

42. Enforcement Cases

43. Previously Authorized Activities

44. Duration of Authorization

MA GPs 20 April 2018

1. Other Permits. The permittee must obtain the following State approvals, when applicable, prior to

the commencement of work in Corps jurisdiction in order for authorizations under these GPs to be valid:

WQC (see GC 30) and CZM Consistency Concurrence (see GC 31).

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). Applicants 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 Corps jurisdiction. Note: Waters of the U.S. includes all waters

pursuant to 33 CFR 328.3(a), and adjacent wetlands as that term is defined in 33 CFR 328.3(c).

b. Applicants shall identify all aquatic resources on the project site. They are all presumed to be waters

of the U.S. unless an approved jurisdictional determination has been obtained from the Corps that

determines otherwise. Wetlands shall be delineated in accordance with the Corps of Engineers Wetlands

Delineation Manual and the most recent Northcentral/Northeast Regional Supplement. Vegetated shallow

survey guidance 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.

3. Mitigation (Avoidance, Minimization, and Compensatory Mitigation)

a. Activities must be designed and constructed to avoid and minimize direct, indirect, secondary and

cumulative adverse effects, both permanent and temporary, to waters of the U.S. to the maximum extent

practicable at the project site (i.e., on site). Mitigation in all its forms (avoiding, minimizing, rectifying,

reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the

adverse effects to the aquatic environment are no more than minimal.

b. After avoidance and minimization, compensatory mitigation

will generally be required for

permanent impacts that require PCNs, and may be required for temporary impacts that require PCNs.

Proactive restoration projects, or temporary impact work with no secondary effects, may generally be

excluded from this requirement.

c. Applicants shall consider riparian/forested buffer best management practices (BMPs) for stormwater

management, and low impact development (LID) BMPs to reduce impervious cover and manage

stormwater, to minimize impacts to the maximum extent practicable.

4. Single and Complete Project

a. The term “single and complete project” is defined as the total project proposed or accomplished by

one owner/developer or partnership or other association of owners/developers. The GPs shall not be used

for piecemeal work and shall be applied to single and complete projects.

b. Proponents must quantify all permanent impacts associated with the single and complete project that

have occurred since October 5, 1984 (the date of the original MA GP) and add that to any proposed

permanent and temporary impacts to determine if the work is SV eligible or if a PCN is required. Provide

that information in the PCN. For real estate subdivisions created or subdivided after October 5, 1984, a

Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable

provisions of 33 CFR 332. See also the New England District Compensatory Mitigation Guidance at

www.nae.usace.army.mil/missions/regulatory >> Mitigation.

See the three documents at www.nae.usace.army.mil/Missions/Regulatory/State-General-Permits/Massachusetts-

General-Permit >> Mitigation. LID BMPs include, but are not limited to: replacing curbs and gutters with swales;

using an open space design for subdivisions; using permeable, pervious or porous pavements; constructing bio-

retention systems; and/or adding a green roof or rain garden.

MA GPs 21 April 2018

PCN is required for any discharge which would cause the aggregate total loss of waters of the U.S. for the

entire subdivision to exceed 5,000 square feet.

c. 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.

d. Unless the Corps 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 treated together as constituting one single and complete

project.

e. 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 separate 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/total linear project shall be reviewed as one project under

PCN or the IP procedures.

5. Activities Affecting Structures or Works Built by the United States

a. If a GP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will

alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project, the

prospective permittee must submit a PCN. The Regulatory Division will assist the proponent with

contacting the appropriate Corps district office for work in the vicinity of FNP, Corps properties and/or

Corps-controlled easements, flood control projects, etc. An activity that requires §408 permission is not

authorized by these GPs until the appropriate Corps district office issues the §408 permission to alter,

occupy, or use the Corps project, and the Corps issues a written GP verification.

b. A PCN is required for GP activities within, or with any secondary or indirect adverse environmental

effects on, any National Wildlife Refuge, National Forest, National Marine Sanctuary (e.g., Stellwagen

Bank), National Park or any other area administered by the National Park Service (e.g., Cape Cod

National Seashore), U.S. Fish and Wildlife Service (USFWS) or U.S. Forest Service (USFS).

6. Navigation

a. 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 of the U.S. at or adjacent to the activity authorized herein.

b. Any safety lights and signals prescribed by the USCG, through regulations or otherwise, must be

installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the U.S.

c. 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 the Corps, 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.

d. A PCN and §408 permission (see GC 5) is required for all work in, over or under a Corps FNP or its

buffer zone.

7. Historic Properties

a. In cases where the Corps determines that the activity may have the potential to cause effects to

MA GPs 22 April 2018

properties listed, or eligible for listing, in the National Register of Historic Places (NRHP)

, the activity is

not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA)

have been satisfied.

b. Federal permittees should follow their own procedures for complying with the requirements of

Section 106 of the NHPA. If a PCN is required for the proposed activity, the Federal permittee must

provide the Corps with the appropriate documentation to demonstrate compliance with those requirements

and the Corps will verify that the appropriate documentation has been submitted. If the appropriate

documentation is not submitted, then additional consultation under Section 106 may be necessary. The

respective Federal agency is responsible for fulfilling its obligation to comply with Section 106.

c. Non-federal permittees must submit a PCN to the Corps if the activity might have the potential to

cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially

eligible for listing on the NRHP, including previously unidentified properties. Assistance regarding

information on the location of, or potential for, the presence of historic properties can be sought from the

State Historic Preservation Officer (SHPO), Board of Underwater Archaeological Resources (BUAR),

applicable Tribal Historic Preservation Officers (THPOs)

, and the NRHP

. Use of the Historic Property

Notification Form (Section IX) to notify the SHPO, BUAR and applicable THPOs

is recommended. The

SHPO, BUAR and THPOs are expected to provide comments to the Corps within 30 days of receipt if

there are historic properties that need to be addressed.

d. All PCNs shall:

i. Include a copy of the Historic Property Notification Form and the email or certified mail receipt

that was used to send the form to the SHPO (does not accept email), BUAR and applicable THPOs

for

their identification of historic properties in their area of concern;

ii. State which historic properties might have the potential to be affected by the proposed work or

include a vicinity map indicating the location of the historic properties or the potential for the presence of

historic properties; and

iii. Include any available documentation from the SHPO, BUAR and THPO(s) indicating that there

are or are not historic properties affected. The SHPO, BUAR and THPO(s) will contact the Corps within

30 days of receiving the notification if they believe that the activity has the potential to cause effects on

historic properties.

e. Based on the information submitted in the PCN and the Corps identification efforts, the Corps shall

determine whether the proposed GP activity has the potential to cause effects on the historic properties.

Section 106 consultation is required when the Corps determines that the activity has the potential to cause

effects on historic properties. Where the non-Federal applicant has identified historic properties on which

the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant

shall not begin the activity until notified by the Corps either that the activity has no potential to cause

effects to historic properties or that NHPA section 106 consultation has been completed.

f. Federal and non-Federal applicants shall coordinate with the Corps before conducting any onsite

archaeological work (reconnaissance, surveys, recovery, etc.) requested by the SHPO, BUAR and

THPOs, as the Corps will determine the permit area for the consideration of historic properties based on

33 CFR 325 Appendix C. This is to ensure that work is done in accordance with Corps requirements.

g. If Federal or non-Federal applicants discover any previously unknown historic, cultural or

archeological remains and artifacts while accomplishing the activity authorized by this permit, you must

immediately notify the Corps of what you have found, and to the maximum extent practicable, avoid

construction activities that may affect the remains and artifacts until the required coordination has been

See www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permits >>

Historic Properties. The majority of historic properties are not listed on the NRHP and may require identification

and evaluation by qualified historic preservation and/or archaeological consultants in consultation with the Corps

and the SHPO, BUAR and/or THPO(s).

Section VIII provides contact information and each tribe’s “area of concern.”

MA GPs 23 April 2018

completed. The Corps will initiate the Federal, State and tribal coordination required to determine if the

items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of

Historic Places.

h. (c) - (e) above are not applicable when the Corps has approved alternate procedures or another

Federal agency is the lead.

8. Wild and Scenic Rivers

a. The following activities in designated river or study river segments in the National Wild and Scenic

River (WSR) System require a PCN unless 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:

i. 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;

ii. Activities that occur in wetlands within 0.25 miles of WSR segments;

iii. Activities that have the potential to alter free-flowing characteristics in WSR segments.

b. As of April 16, 2018, the Taunton River, Sudbury/Assabet/Concord Rivers, and Westfield River are

designated rivers; and the Nashua River is a study river. The most up to date list and descriptions of the

WSR segments are provided at www.nae.usace.army.mil/missions/regulatory/state-general-

permits/massachusetts-general-permit >> Wild and Scenic Rivers.

9. Essential Fish Habitat and Fish and Wildlife Resources. A PCN is required for GPs 1, 6-20 and

23 when an activity may cause greater than minimal sedimentation or turbidity in streams or tidal waters.

The Corps may include specific time-of-year restrictions and/or specific construction techniques or

activities. This is to protect Essential Fish Habitat and/or fish and wildlife resources.

10. Federal Threatened and Endangered Species

a. No activity is authorized under any GP which:

i. Is likely to directly or indirectly jeopardize the continued existence of a threatened or

endangered species (i.e., listed species) or a species proposed for such designation, as identified under the

Federal Endangered Species Act of 1973, as amended (ESA), or which will directly or indirectly destroy

or adversely modify the critical habitat of such species; or

ii. “May affect” a listed species or critical habitat unless consultation under §7 of the ESA

addressing the effects of the proposed activity, has been completed.

b. Non-Federal permittees must check http://ecos.fws.gov/ipac and submit a PCN if any listed species

or designated critical habitat might be affected or if the activity is located in designated critical habitat.

However, an activity is SV eligible (i.e., a PCN is only required if indicated elsewhere in this document)

if the IPaC website indicates that only:

i. Northern long-eared bats (NLEB, Myotis septentrionalis) are present, but the activity:

1. Will not remove trees ≥3 inches dbh;

2. Is not within the “buffer” of a NLEB hibernacula or maternity roost tree shown on the map

at www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit/ >>

NLEB Locations; and

3. Does not involve work on existing dam riprap or bridges.

ii. The roseate tern (Sterna dougallii), piping plover (Charadrius melodus) or red knot (Calidris

canutus) are present, but the activity and all disturbance will occur: (1) >300 feet from the HTL;

(2) entirely in a previously developed or urbanized area such as a paved parking lot or road, a harbor or

marina with stabilized shoreline (docks, seawalls, etc.), a residential area (contains lawn, ornamental

plants, etc.); or (3) between October 1 and April 15 and any alteration or disturbance to beaches, sand

dunes, mud flats, sloughs, estuaries, or other tidally influenced areas is temporary and restored to its

previous condition before April 15. Contact the Corps with any questions.

MA GPs 24 April 2018

c. Federal agencies should follow their own procedures for complying with the requirements of the

ESA. Non-Federal representatives designated by the Corps to conduct informal consultation or prepare a

biological assessment should follow the requirements in the designation document(s) and the ESA.

Federal permittees and non-Federal representatives must provide the Corps with the appropriate

documentation to demonstrate compliance with those requirements. The Corps will review the

documentation and determine whether it is sufficient to address ESA compliance for the GP activity, or

whether additional ESA consultation is necessary. Unless it is required elsewhere in this document, a

PCN is not required if: (i) another (lead) Federal agency has completed all required §7 consultation; or

(ii) a non-Federal representative designated by the Corps in writing has completed all required §7

informal consultation.

d. Verification under these GPs 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 USFWS or the NMFS, the ESA

prohibits any person 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.

11. Pile Driving and Removal

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

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, their

substrate or mudflats. Pile removal work is SV eligible under GP 1. See GC 16(d) for sheet pile removal.

b. A PCN is required for the installation or removal of structures with jetting techniques.

c. A PCN is required for the removal of >100 piles from January 15 to November 15.

d. A PCN is required for the installation of >12 inch-diameter piles or any size steel piles 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, unless they are installed in the dry

. Installation of ≥12-inch-diameter piles or

any size steel piles in tidal waters, or all piles in the aforementioned river segments, must use a soft start

each day of pile driving, building up power slowly from a low energy start-up over a period of 20-40

minutes to provide adequate time for fish and marine mammals to leave the vicinity. The buildup of

power should occur in uniform stages to provide a constant increase in output. Bubble curtains can be

used to reduce sound pressure levels during vibratory or impact hammer pile driving. This is to protect

endangered species.

12. Utility Line Installation and Removal

a. Subsurface utility lines shall remain subsurface.

b. 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. The bottom cover associated

with the initial installation of utility lines under navigable waters of the U.S. and FNPs shall be a

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.

MA GPs 25 April 2018

minimum of 48 inches in soil or a minimum of 24 inches in competent rock unless otherwise specified in a

written determination. The maximum depth of dredging in waterways having existing FNPs is generally

considered to be the authorized FNP depth plus any allowance for advanced maintenance and the allow-

able overdepth for dredging tolerances. In waterways that do not have existing FNPs, this depth should be

taken as two feet below the existing bottom or maximum depth of proposed dredging, as applicable.

c. The permittee and their contractor shall have onsite and implement the procedures detailed in a frac-

out contingency plan for monitoring drilling operations and for the immediate containment, control and

recovery/removal of drilling fluids released into the environment should a discharge of material occur

during drilling operations.

d. 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 Corps

is required if they are to remain in place, e.g., to protect sensitive areas or ensure safety.

e. 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.

13. Heavy Equipment in Waters and Wetlands

a. To the maximum extent practicable, operating heavy equipment within wetlands or mudflats shall be

avoided or minimized, measures must be taken to minimize soil or substrate disturbance, and equipment

other than fixed equipment (drill rigs, fixed cranes, etc.) shall not be stored, maintained or repaired in

wetlands. Where construction requires heavy equipment operation, 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”) that are adequate to support the equipment in such a way as to minimize

disturbance of wetland soil and vegetation; or (iii) Be operated on adequately dry or frozen wetlands such

that shear pressure does not cause subsidence of the wetlands immediately beneath equipment and

upheaval of adjacent wetlands. Construction mats are to be placed in the wetland from the upland or

from equipment positioned on swamp 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 Corps authorization. An adequate supply of spill containment equipment shall be

maintained on site. Construction mats should be managed in accordance with the Construction Mat BMPs

at www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit

b. Construction equipment such as barges in tidal waters shall provide clearance above the substrate to

avoid impacts to SAS.

14. Temporary Fill

a. Temporary fill, which includes construction mats and corduroy roads, shall be entirely removed as

soon as it is no longer needed to construct the authorized work. Temporary fill shall be placed in its

original location, or disposed of at an upland site and suitably contained to prevent its subsequent erosion

into waters of the U.S. A PCN is required for: (i) all temporary fill that is in place for >2 years; or

(ii) construction mats and corduroy roads filling >5000 SF that are in place for: (1) >1 year when installed

during the growing period; or (2) any portion of more than one growing period when installed outside the

growing period. The growing period is from May 1 to October 1 for the purposes of these GPs.

b. A PCN is required for construction mats and corduroy roads that involve underlying fill.

c. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to

the maximum extent practicable. Materials must be placed in a location and manner that does not

adversely impact surface or subsurface water flow into or out of wetlands. Temporary fill shall be placed

on geotextile fabric or other appropriate material laid on the preconstruction wetland grade where

MA GPs 26 April 2018

practicable to minimize impacts and to facilitate restoration to the original grade (construction mats are

excluded from this requirement).

15. Removal of Temporary Fills and Restoration

a. Temporary fills/excess materials must be removed in their entirety as soon as they are no longer

needed to construct the authorized work. The affected areas must be restored to their preconstruction

conditions, functions and elevations, and revegetated as appropriate. Restoration shall typically

commence no later than the completion of construction.

b. For excavated areas, “restored to preconstruction conditions, functions and elevations” means careful

removal of existing soil and vegetation, separate topsoil and subsoil stockpiling, soil protection, and

replacement back to the original location such that the original soil layering and vegetation schemes are

approximately the same, unless otherwise authorized. Plan for natural settling that will occur and ensure

that topsoil is void of gravel and subsoil. A minimum of 4 inches of topsoil should be at the surface after

the soil has settled. Wetland areas temporarily disturbed shall be stabilized (e.g., seeded or planted). See

GC 25 for seed mix and vegetation requirements.

c. Limit compaction to the minimum needed to promote a successful seedbed. Test soils for

compaction. Equipment refusal shall be considered a failure of restoration, in which case the soil should

be restored and wetland hydrology must be maintained.

d. For (a) - (c) above, see the BMPs at www.nae.usace.army.mil/missions/regulatory/state-general-

permits/massachusetts-general-permit >> Restoration of Special Aquatic Sites.

e. In areas of authorized temporary disturbance, if trees are cut they shall be cut at or above ground

level, and not uprooted, in order to prevent disruption to the wetland soil structure and to allow stump

sprouts to revegetate the work area, unless otherwise authorized.

f. Trenches shall be constructed or backfilled so that the trench does not drain waters of the U.S. (e.g.,

materials or methods that create a French drain effect).

16. Soil Erosion and Sediment Controls

a. Appropriate soil erosion, sediment and turbidity controls

(hereinafter referred to as “controls”) must

be used and maintained in effective operating condition during construction, and all exposed soil and

other fills, as well as any work waterward of OHW or HTL, must be permanently stabilized at the earliest

practicable date. Controls shall be capable of preventing erosion; collecting sediment, suspended and

floating materials; and filtering fine sediment. Permittees are encouraged to perform work during periods

of low-flow or no-flow, or when the stream or tide is waterward of the work, and must plan for

unexpected high flows.

b. A PCN is required for GPs 1, 6-20 and 23 when an activity causes greater than minimal

sedimentation or turbidity

in streams (rivers, streams, brooks, etc.) or tidal waters, which may be avoided

with the appropriate measures specified in (a) above. For activities that require controls, e.g., cofferdams,

in non-tidal streams and tidal waters:

i. In non-tidal streams, it is recommended that controls be installed and removed between July 1

and Feb. 28, and not be in place between March 1 and June 30. A PCN is required when controls encroach

>25% of the stream width measured from OHW from March 1 to June 30. This is to protect upstream fish

passage. Proponents must also maintain safe, timely and effective downstream fish passage throughout the

project.

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 (e.g., vegetated filter strips, geotextile silt fences and turbidity curtains, 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 27 April 2018

ii. In tidal waters, controls placed waterward of MHW shall be installed and removed between July

1 and Jan. 14, shall not be in place between Jan. 15 and June 30, and shall not encroach >50% of a tidal

stream’s width measured from MHW. Otherwise a PCN is required. This is to protect upstream fish

passage and winter flounder spawning and rearing habitat.

c. 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 where suspended solids shall be removed prior

to discharge back into waters or wetlands. All discharge points back into waters and wetlands shall use

appropriate energy dissipaters and erosion and sedimentation control BMPs.

d. 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.

e. The material within sandbags shall not be released during their removal and trenches must be

backfilled as soon as practicable to reduce turbidity impact duration.

17. Aquatic Life Movements. 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, beyond the actual duration of construction unless the activity’s primary purpose is to

impound water. Permanent water impoundments require a PCN. All permanent and temporary crossings

of waterbodies (e.g., streams, wetlands) shall be suitably culverted, spanned

, or otherwise designed and

constructed to: (a) maintain low flows to sustain the movement of those aquatic species, which includes

maintaining a continuous low flow channel/thalweg through non-tidal structures; (b) preserve hydraulic

and ecological connectivity; and (c) prevent bank erosion or streambed scour, both adjacent to and inside,

the culvert or span by proper alignment and construction.

18. Management of Water Flows

a. To the maximum extent practicable, the preconstruction course, condition, capacity, and location of

open waters must be maintained for each activity, including stream channelization and storm water

management activities, except as provided below. The activity must be constructed to withstand expected

high flows. The activity must 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, in which case a PCN is

required. The activity may alter the preconstruction course, condition, capacity, and location of open

waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

b. Activities that temporarily or permanently impact upstream or downstream flood conditions, or

permanently impact wetlands in excess of SV eligible thresholds, require a PCN. See the “Dam Removal

and the Wetland Regulations” document at www.nae.usace.army.mil/missions/regulatory/stream-and-

river-continuity for guidance to evaluate the impacts of culvert replacement, including the loss of upstream

wetlands, which may be offset by the overall benefits of the river restoration.

19. Stream and Wetland Crossings

The following conditions apply to temporary and permanent stream and wetland crossings, including new

crossings, and replacement, modifications and expansions/extensions of existing crossings, which are

only authorized under GPs 8 - 10. Minor repairs may be SV eligible under GP 1.

For the purposes of this GP, spans are bridges, three-sided box culverts, open-bottom culverts or arches that span

the stream with footings landward of bankfull width. The use of bridge piers or similar supports does not prevent a

structure from being considered as a span.

MA GPs 28 April 2018

a. Stream crossings in tidal streams. A PCN is required for temporary or permanent crossings in tidal

streams that are not SV eligible under GP 1 or do not involve construction mat stream crossings built in

accordance with the Construction Mat BMPs

, particularly the Wetland/Stream Channel Crossing section.

The Corps may use the following criteria to evaluate permanent crossings:

i. Match the velocity, depth, cross-sectional area, and substrate of the existing stream outside the

crossing, if it exists, and size crossings such that they do not restrict tidal flow over the full natural tide

range seaward of the crossing. The Corps will typically require an engineering study to ensure flooding is

not a concern.

ii. Construct crossings in dry conditions.

b. Modifications to existing, authorized permanent stream crossings in non-tidal streams. A PCN is not

required for modifications to these crossings for the purpose of improving passage and flow if they are

authorized in writing by a Final Order of Conditions, or 401 WQC if required, or they comply with 19(c)

below. However, a PCN is required if stated elsewhere in this document or any activity:

i. Involves sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert

relining or invert lining;

ii. Decreases the diameter of the crossing;

iii Decreases the friction coefficient; or

iv. Increases velocity.

c. New, replacement, modifications and expansions/extensions of existing, permanent stream crossings

in non-tidal streams. A PCN is not required for these crossings provided the following conditions are met

and a PCN is not required elsewhere in this document:

i. Design and construct the crossing in accordance with the USFS stream simulation manual

ii. Span

streams or size culverts or pipe arches such that they are at least 1.2 times bankfull width

of the reference reach

. Spans are strongly preferred as they avoid or minimize disruption to the

streambed, and avoid entire streambed reconstruction and maintenance inside culverts or pipe arches (see

v, vi & viii below), which may be difficult in smaller structures. In many cases bankfull width is not

necessarily interchangeable with the elevation of OHW.

iii. Embed culverts or pipe arches below the grade of the streambed. This is not required when

ledge/bedrock prevents embedment, in which case spans

are required. The following depths are

required to prevent streambed washout, and ensure compliance and long-term success:

1. ≥ 2 feet for box culverts and pipe arches

, or

2. ≥ 2 feet and at least 25% for round pipe culverts

See www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit.

See www.nae.usace.army.mil/missions/regulatory/stream-and-river-continuity for the USFS stream simulation

manual titled “Stream Simulation: An Ecological Approach to Providing Passage for Aquatic Organisms at Road-

Stream Crossings. Section 5.3.3 Headcutting Potential and 6.2 Design of the Stream-Simulation Channel Bed are

particularly relevant. Chapter 6.1 is relevant for proper alignment and construction to prevent bank erosion or

streambed scour. Sections 7.5.2.3 Construction Methods and 8.2.11 Stream-Simulation Bed Material Placement

both show important construction steps.

The following guides located at www.nae.usace.army.mil/missions/regulatory/stream-and-river-continuity may

assist in identifying bankfull width and the reference reach: (a) the USFS stream simulation manual (pages 5-20 and

5-76 are particularly relevant); (b) “Stream Channel Reference Sites: An Illustrated Guide to Field Technique”

(Harrelson, et al. 1994); (c) “

A Guide to Identification of Bankfull Stage in the Northeastern United States”; and

(d) General Standard 3, page 10, of the Massachusetts River and Stream Crossing Standards, revised March 1, 2011.

These minimum embedment depths should be sufficient for many culverts. However, circumstances may dictate

a need for deeper substrates that are based on site specific analysis. These include high gradient streams and

streams experiencing instability or with potential instability that could result in future adjustments to channel

elevation. In these cases long profiles and calculations of potential channel adjustments should be used to

determine embedment depth. Deeper embedment depths may be also needed if there are elements of the

constructed stream bed that are >15 inches in diameter.

MA GPs 29 April 2018

iv. Match the culvert gradient (slope) with the anticipated stream channel profile that will form after

the channel readjusts to post-crossing-replacement conditions.

v. Construct crossings with a natural bottom substrate within the structure matching the

characteristics of the substrate in the natural stream channel and the banks (mobility, slope, stability,

confinement, grain and rock size) at the time of construction and over time as the structure has had the

opportunity to pass substantial high flow events.

vi. Construct crossings with appropriate bed forms and streambed characteristics so that water

depths and velocities are comparable to those found in the natural channel at a variety of flows at the time

of construction and over time. In order to provide appropriate water depths and velocities at a variety of

flows and especially low flows, it is usually necessary to reconstruct the streambed (sometimes including

a low flow channel), or replicate or preserve the natural channel within the structure. Otherwise, the

width of the structure needed to accommodate higher flows will create conditions that are too shallow at

low flows. The grain and rock size, and arrangement of streambed materials within the structure should

be in accordance with (v) above. Flows could go subsurface within the structure if only large material is

used without smaller material filling the voids.

vii. Openness >0.82 feet (0.25 meters). Openness is the cross-sectional area of a structure opening

divided by its crossing length when measured in consistent units (e.g. feet). For a box culvert, openness =

(height x width)/length. For crossing structures with multiple cells or barrels, openness is calculated

separately for each cell or barrel. At least one cell or barrel must meet the appropriate openness standard.

The embedded portion of a culvert is not included in the calculation of cross-sectional area for

determining openness.

Openness >0.82 feet is recommended to make the structure more likely to pass

small, riverine wildlife such as turtles, mink, muskrat and otter that may tend to avoid structures that

appear too constricted. This openness standard is too small to accommodate large wildlife such as deer,

bear, and moose. Structures that meet this openness standard are much more likely than traditional

culverts to pass flood flows and woody debris that would otherwise obstruct water passage. It is likely

that most structures that meet all the other general standards will also meet this openness standard.

However, for some very long structures it may be impractical or impossible to meet this standard.

viii. Construct banks on each side of the stream inside the crossing that match the horizontal profile

of the existing stream and banks outside the crossing. To prevent failure, all constructed banks should

have a height to width ratio of no greater than 1:1.5 (vertical:horizontal) unless the stream is naturally

incised. Tie the banks into the up and downstream banks and configure them to be stable during expected

high flows. Use materials that match the up and downstream banks (avoid the use of angular riprap and

armored slopes).

d. Temporary crossings in non-tidal streams. The following conditions must be met for temporary

crossings (e.g., spans, culverts, construction mats or fords) in non-tidal streams to be SV eligible:

i. All temporary crossings:

1. Avoid excavating the stream or embedding crossings.

2. Impacts to the streambed or banks require restoration to their original condition. See the

USFS stream simulation manual for restoration methods

. Use geotextile fabric and bedding as

appropriate to ensure restoration to the original grade.

ii. Culverts:

1. The water height should be no higher than the top of the culvert’s inlet and the culvert shall

be large enough to pass debris.

2. Install energy dissipating devices downstream if necessary to prevent scour.

iii. Stream fords: Equipment may ford streams when it is not feasible to construct a span or culvert

(e.g., streams having no or low banks, emergency situations); the natural stream bed and banks consist of

ledge, rock or sand that prevents disturbance and turbidity; and there is a stable, gradual approach.

The Openness Ratio Spreadsheet shows how to calculate the open area for embedded pipe culverts to meet the

0.82 standard for openness. See www.nae.usace.army.mil/missions/regulatory/stream-and-river-continuity.

MA GPs 30 April 2018

iv. Spans: Anchor spans where practicable so they do not wash out during high water. A typical span

method is provided at www.nae.usace.army.mil/missions/regulatory/stream-and-river-continuity >> Skidder

Bridge Fact Sheet.

v. Construction mats: Build construction mat stream crossings in accordance with the Construction

Mat BMPs, particularly the Wetland/Stream Channel Crossing section.

e. Wetland Crossings. To assist in meeting the requirements in GCs 17 and 18, culverts or spans

shall

be placed at least every 50 feet with an opening at least 2-feet high and 3-feet wide at ground level where

practicable. Closed bottom culverts shall be embedded at least 6 inches with a natural bottom. In the case

of non-compliance, the permittee shall take necessary measures to correct wetland damage due to lack of

hydraulic and ecological connectivity.

20. Floodplains and Floodways

a. Appropriate measures must be taken to minimize flooding to the maximum extent practicable.

b. Activities within 100-Year Floodplains must comply with applicable Federal Emergency Management

Agency (FEMA)-approved State and/or local floodplain management permitting requirements.

21. Storage of Seasonal Structures. Seasonal or recreational structures such as pier sections, floats,

aquaculture structures, etc. that are removed from the waterway for a portion of the year (often referred to

as seasonal structures) shall be stored in an upland location landward of MHW or OHW and not in

wetlands, tidal wetlands or mudflats. These seasonal structures may be stored on the fixed, pile-supported

portion of the structure that is waterward of MHW or OHW.

22. Spawning, Breeding, and Migratory Areas

a. Direct, indirect and secondary adverse effects in spawning areas shall be avoided and minimized 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.

b. Activities in waters of the U.S. that serve as breeding areas for migratory birds must be avoided to

the maximum extent practicable.

The permittee 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 permittee should contact the appropriate local office of the

USFWS to determine if such “take” permits are required for a particular activity.

23. Vernal Pools

a. For projects requiring a PCN, vernal pools must be identified on the plan showing aquatic resource

delineations.

b. A PCN is required if a discharge of dredged or fill material is proposed in a vernal pool located

within Federal jurisdictional boundaries.

c. Adverse impacts to vernal pools should be avoided and minimized to the maximum extent practicable.

24. 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.

25. Invasive and Other Unacceptable Species

a. The introduction or spread of invasive or other unacceptable plant or animal species on the project

See www.nae.usace.army.mil/missions/regulatory/mitigation. The June 2009 “Corps of Engineers Invasive

Species Policy” provides policy, goals and objectives and is located at www.nae.usace.army.mil/missions/

regulatory/invasive-species. Additional information can be found at: www.eddmaps.org/ipane.

MA GPs 31 April 2018

site or areas adjacent to the project site caused by the site work shall be avoided to the maximum extent

practicable. For example, construction mats and equipment shall be thoroughly cleaned and free of

vegetation and soil before and after use. The introduction or spread of invasive plant or animal species on

the project site caused by the site work shall be controlled.

b. No cultivars, invasive species or other unacceptable plant species may be used for any mitigation,

bioengineering, vegetative bank stabilization or any other work authorized by these GPs. Seed mixes and

vegetation shall include only plant species native to New England and shall not include any species listed

in Appendix D, “Invasive and Other Unacceptable Plant Species,” of the “New England District

Compensatory Mitigation Guidance”

. This list may be updated periodically.

26. Blasting. Blasting in waters of the U.S. associated with work such as dredging, trenching, pile

installation, etc. is not authorized under these GPs.

27. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt,

etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts

(see §307 of the CWA).

28. Stormwater Treatment or Detention Systems. Stormwater treatment or detention systems in

waters of the U.S are not authorized under these GPs and require an IP. Stormwater conveyance

components and non-porous, septic effluent pipes that transmit effluent to or between components may be

SV eligible under GP 9.

29. Tide Gates. New tide gates conveying water between waters of the U.S. are not authorized under

these GPs and require an IP. Tide gates on discharge pipes conveying stormwater and/or industrial NPDES

-permitted

discharges from waters that are not waters of the U.S. may be authorized under GPs 1 and 9.

30. Water Quality Certification

a. Any activity under these GPs that requires authorization under §404 of the CWA for the discharge of

dredged or fill material into waters of the U.S. also requires applicants to obtain a §401 water quality

certification (WQC) from the State (hereinafter referred to as “§401 WQC”) or a Final Order of

Conditions from the town or city which serves as the WQC. In Massachusetts, the MassDEP has

authority to issue or deny §401 WQC. Activities authorized under these GPs must comply with all

conditions set forth in the April 5, 2018 conditional WQC for these GPs (located at

www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit/) or in

an Individual §401 WQC. Authorization under the GPs is not valid and no work may commence in Corps

jurisdiction until the MassDEP has issued or waived §401 WQC.

b. If a §401WQC is issued for work that is different from that in the Corps authorization, the Corps

authorization is not valid and the permittee must contact the Corps to allow the Corps to resolve the

discrepancy.

31. Coastal Zone Management

a. Each activity under these GPs within or outside the coastal zone that affects any land or water use or

natural resource of the coastal zone shall be carried out in a manner which is consistent to the maximum

extent practicable with the enforceable policies of approved State management programs. The Massa-

chusetts Office of Coastal Zone Management (MA CZM) administers the Massachusetts CZM program.

b. For SV eligible activities, MA CZM has agreed with the Corps consistency determination and

therefore these activities do not require any additional MA CZM Federal consistency review.

c. For PCN activities in the coastal zone, authorization under these GPs becomes valid only after MA

CZM determines that the activity is consistent with the MA CZM program. The Corps will typically

coordinate review with MA CZM and then notify applicants if MA CZM determines that the activity is

MA GPs 32 April 2018

consistent with the MA CZM program or if an individual consistency concurrence is required. If the MA

CZM consistency concurrence is for work different from that in the Corps authorization, the Corps

authorization is not valid and the permittee must contact the Corps to allow the Corps to resolve the

discrepancy.

32. Permit On Site. The permittee shall ensure that any contractor(s) and or workers executing the

activities authorized by this GP(s) have knowledge of the terms and conditions of this authorization and

any modification(s), and that a copy of this GP document and any accompanying verification letter and

attached plans are at the site of the authorized work throughout the period(s) of time the work is underway.

33. Self-Verification Notification Form. For those activities that do not require PCNs and are eligible for

self-verification, permittees must complete and submit the SVNF to the Corps for work authorized by these

GPs unless otherwise stated. See the SVNF for submittal requirements and timing.

34. Inspections. The permittee shall allow the Corps to inspect the authorized activities and mitigation

parcels at any time deemed necessary to ensure that it is being or has been accomplished in accordance

with the terms and conditions of the applicable GP(s) and any written verification from the Corps. To

facilitate these inspections, the permittee shall complete and return to the Corps the following forms:

• For Self-Verification: The SVNF. See GC 33.

• For PCN: The Work-Start Notification Form, Compliance Certification Form, and/or Mitigation

Work-Start Notification Form whenever these forms are provided with a verification letter.

35. Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance

to ensure public safety and compliance with applicable general conditions and activity-specific special

conditions provided in a written verification from the Corps. This does not include maintenance of

dredging, related disposal, or beach nourishment projects unless specified in a written authorization from

the Corps.

36. Property Rights. 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.

37. Transfer of GP Verifications. If the permittee sells the property associated with a GP verification,

the permittee may transfer the GP verification to the new owner by submitting a letter to the Corps to

validate the transfer. A copy of the GP verification must be attached to the letter, the letter must contain

the name, address and phone number of the transferee (new owner), include the following statement and

signature, and be mailed to: Regulatory Division, U.S. Army Corps of Engineers, New England District,

696 Virginia Road, Concord, MA 01742-2751:

“When the structures or work authorized by these GPs are 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 new owner(s) of the property.

Transferee Printed Name

Transferee Signature Date

38.

Modification,

Suspension,

and

Revocation.

These GPs or any work authorized under these GPs

may be either modified, suspended, or revoked, in whole or in part, pursuant to the policies and proce-

dures

CFR

325.7.

Any

such action shall not be the basis for any claim for damages against the U.S.

39. Special Conditions. The permittee

must

comply with any special conditions added

the Corps to

this GP. Failure to comply with all applicable terms and conditions

the authorization, including special

conditions, constitutes a permit violation and

may

subject the permittee to criminal, civil or administrative

penalties and/or

ordered restoration, and/or the permit

may

be modified, suspended or revoked

the

Corps.

40.

False

Incomplete

Information.

the Corps makes a determination regarding the eligibility

project under these GPs and subsequently discovers that it has relied on false, incomplete or inaccurate

information provided by the permittee, the Corps may determine that the GP authorization is not valid and

modify, suspend or revoke the authorization. In such cases, the U.S. Government may institute legal

proceedings.

41.

Abandonment.

the permittee abandons or decides to abandon the activity authorized under these

GPs, the work must be removed and the area restored to the maximum extent practicable unless a GP or

IP specifically authorizes the abandonment.

42.

Enforcement

cases. These GPs

not

apply to any existing or proposed activity in Corps

jurisdiction associated with an ongoing Corps or

EPA

enforcement action, until such time as the

enforcement action is resolved or the Corps

EPA, as appropriate, determines that the activity

may

proceed independently without compromising the enforcement action.

43.

Previously

Authorized

Activities

Activities that were authorized and completed in accordance with previous GPs or nationwide permits

are

not

affected

these GPs and continue to be authorized in accordance with the original terms and

conditions

those authorizations, including their terms, general conditions, expiration date, and any

special conditions provided in a written verification.

b. Activities authorized pursuant to 33

CFR

330.3 ("Activities occurring before ce1iain dates") are not

affected by this GP.

44.

Duration

Authorization

These GPs expire on April 5, 2023. Activities authorized under GPs 1 - 23 that have either

commenced (i.e., are under construction)

are under contract to commence before these GPs expire will

have until April 5, 2024 to complete the activity under the terms and conditions

the cun-ent GPs. The

permittee

must

be able to document to the Corps' satisfaction that the project was under construction or

under contract by the appropriate date.

work

not

completed within the one year extended timeframe

nor SV eligible under any subsequently issued GPs, the permittee must contact the Corps to discuss

obtaining a separate Corps authorization to complete the work.

b. Activities completed under these GPs will continue to be authorized unless special conditions require

removal

the authorized work and restoration

the affected area after a specified time period.

~//IA~,,

rlSTRICT

NGJNEER

MAGPs

April 2018

MA GPs 34 April 2018

V: Self-Verification Notification Form

(for all tidal and non-tidal projects subject to Corps jurisdiction)

Complete all fields (write “none” if applicable) below or use the fillable form at

www.nae.usace.army.mil/missions/regulatory/state-general-permits/massachusetts-general-permit.

Before work within Corps jurisdiction commences, and unless otherwise specified, email this form, a

location map, and project plans drawn to scale and not larger than 11” x 17”, to cenae-[email protected]il,

(978) 318-8303 (fax), or “Regulatory Division, U.S. Army Corps of Engineers, New England District,

696 Virginia Road, Concord, MA 01742-2751”. The Corps will acknowledge receipt of this form in

writing. Please call (978) 318-8338 with questions.

Permittee:

Address, City, State & Zip:

Phone(s) and Email:

Contractor (write none if same as permittee):

Address, City, State & Zip:

Phone(s) and Email:

Prior Corps File or Permit Numbers(s):

Project Location (provide detailed description if necessary):

Address, City, State & Zip:

Latitude/Longitude Coordinates (if address doesn’t exist):

Waterway Name:

Work will be done under the following activity(s) in Section III, Eligible Activities (check all that apply):

Project Purpose:

Work Description:

(continued on next page)

MA GPs 35 April 2018

Aggregate total wetland impact area: temporary SF permanent SF

Aggregate total waterway impact area: temporary SF permanent SF

Aggregate total area of structures temporary SF permanent SF

(e.g., floats, pile-supported structures)

Does your project include any indirect or secondary impacts? (See General Condition 3.)

Yes No

If yes, describe here:

Proposed Work Dates: Start: Finish:

Your name/signature below, as permittee, confirms that: a) your project meets the self-verification

criteria; and b) you accept and agree to comply with the applicable terms and conditions in the

General Permits for Massachusetts.

Permittee Printed Name:

Permittee Signature: Date:

MA GPs 36 April 2018

VI: Content of Preconstruction Notification

Applications should be emailed to cenae[email protected] or to the Corps project manager if one has

been assigned. In addition to the following required information, the applicant must provide additional

information as the Corps deems essential to make a public interest determination including, where

applicable, a determination of compliance with the §404(b)(1) guidelines or ocean dumping criteria.

1. Written information required for all projects:

□ Corps application form (ENG Form 4345). The MassDEP WQC, Chapter 91 application form and

Notice of Intent cannot be substituted for the form, but can be used supplementally.

□ All anticipated direct, indirect and secondary impacts, both permanent and temporary, to waters of the

U.S. (in wetlands, and waterward of OHW in inland waters and the HTL in coastal waters) in square

feet, acres, or linear feet (for stream and bank impacts), and cubic yards or other appropriate units of

measure. The New England District Compensatory Mitigation Guidance is a resource for assessing

secondary impacts (see www.nae.usace.army.mil/missions/regulatory/mitigation.aspx).

□ For the discharge of dredged or fill material into waters of the U.S., include a statement describing

how impacts to waters of the U.S. are to be avoided and minimized. For the remaining impacts,

include a statement describing how impacts to waters of the U.S. are to be compensated for or explain

why compensatory mitigation should not be required for the proposed impacts.

□ For any activity that will alter or temporarily or permanently occupy or use a Corps Federally

authorized civil works project, the PCN must include a statement confirming that the project

proponent has submitted a written request for section 408 permission from the Corps. See GC 5(a).

□ Information on historic properties (see GC 7), including a copy of the Historic Property Notification

Form (Section IX) and the email or certified mail receipt that was used to send the form to the SHPO,

BUAR and applicable THPOs.

□ Information on Federal threatened or endangered species (see GC 10).

□ A restoration plan showing how all temporary fills and structures will be removed and the area

restored to pre-project conditions (see GC 15).

□ Photographs of wetland/waterway to be impacted. Photos at low tide are preferred for work in tidal

waters.

□ Invasive Species Control Plan (see GC 25). For sample control plans, see www.nae.usace.army.mil/

missions/regulatory/invasive-species.

□ Provide discussion of habitat, including type of sediment/soil effected (sand, mudflat, etc), along with

presence or absence of wildlife, plants, fisheries, and shellfish. Explain how the applicant has

determined the presence or absence of the required wildlife, fisheries, shellfish, information, e.g.,

divers, surveys, personal observation, online maps, etc.

□ Provide a description of the federal wetlands and provide a map of their locations within the project

area. Provide an assessment of the impacts expected from the project on the wetlands and wildlife

functions.

□ Provide historic information of project area, e.g., existing Corps 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

“grandfathering.”

□ If the project is located in the floodway, state whether the project will increase the 100-year

frequency flood level? How much floodplain storage will be removed from the 100-year floodplain

by fill.

MA GPs 37 April 2018

For dredging projects, include:

□ Date the area was last dredged.

□ Whether it is new, improvement or maintenance dredging and the method of handling/transporting.

□ Type of dredging equipment to be used and dredging method (e.g. mechanical or hydraulic).

□ Grain-size of material to be dredged (e.g., silty sand). Provide any existing sediment grain size and

bulk sediment chemistry data from the proposed or nearby projects.

□ Information on any recent spills of oil and/or other hazardous materials and on nearby outfalls.

Document the information source, e.g., the harbormaster or fire chief.

□ Total footprint of the dredged area when characterizing impact to resources.

□ Discuss alternatives to open-water disposal.

2. Plans for all projects shall include:

□ 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”. 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. Show the north arrow and wetland and

waterway area impacts. Provide a color locus map and, if necessary, a plan overview of the entire

property with a key index to the individual impact sheets.

□ Datum in plan and elevation views.

□ The horizontal datum shall be in the NAD 83 Massachusetts State Plane Coordinate System (zone is

either Mass Mainland or Mass Island) 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.

□ Existing and proposed conditions, and plan views and cross sections for all work.

□ Limits and area (SF) of temporary and permanent fill to be placed in any wetlands or waterway,

including construction access and work areas, cofferdams, bedding, and backfill. Show delineation of

all wetlands 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, and

perennial, intermittent, and ephemeral streams; on the project site. Use Federal delineation methods

and include Corps wetland delineation data sheets (see GC 2) for all wetlands. 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.

□ Copies of sections of National Wetland Inventory Maps, marked to show locations and site

boundaries. Identify the quad name and year.

□ Ebb and flood in tidal waters and direction of flow in non-tidal waters.

□ Indicate the relationship of the proposed work site to waters of the U.S., i.e. adjacent wetlands, tidal

influence through culverts, etc.

□ Total plan of development, including the proposed use of upland and wetland areas.

□ Names or numbers of all roads in the site’s vicinity.

□ Names of adjoining property owners in plan view.

□ For typical pipeline cross-sections, the details of the bedding and backfill to be used in wetlands and

waterways. Show proposed trench dams and detail for inland projects.

□ Adjacent Federal navigation project (FNP) (anchorage or channel) and/or state/local navigation

projects, distance to them, the authorized depths of the FNP, and state plane coordinates of seaward

end(s) of structures near an FNP.

□ The 100, 500-year and regulatory floodway boundaries as shown on the community’s current

National Flood Insurance Program maps, if applicable.

□ A statement regarding how the project proponent has determined the absence or presence of vegetated

MA GPs 38 April 2018

shallows, mudflats, or riffles and pools, e.g., personal visual observation, divers, online maps,

conversations with local officials, etc.

□ Shellfish information. A survey may be required.

2a. Plans for structures shall also include:

□ The MLLW, MHW and HTL elevations in tidal waters, and OHW in non-tidal navigable waters.

□ Water depths around the project in all views.

□ Dimensions of the existing and proposed structures. Show the location and dimensions of existing

bulkheads and/or shoreline stabilization on adjacent properties and, if applicable, how the proposed

work will tie into existing structures.

□ For piers and other structures, the minimal height of structure above the marsh.

□ For floats, the methods of securing (piles, bottom anchors) and keeping off substrate (skids, stops).

□ 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, reconfiguration zone or

aquaculture activity. Provide the coordinates for all corners based on the Massachusetts State Plane

Coordinate System. Specify the maximum number of slips and/or moorings within proposed

reconfiguration zones. If no structures exist or are proposed, state this on the project plans.

□ The dimensions of the structure or work and extent of encroachment waterward of MHW and from a

fixed point on the shoreline or upland.

□ Shoreline of adjacent properties.

□ In narrow waterbodies, the distance to opposite shoreline, waterway width, and structures across from

proposed work.

□ For reconfiguration zones, the coordinates of the corners and specify the maximum number of slips

and/or moorings within the zone.

□ 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.

2b. Plans for projects involving fill shall also include:

□ All locations of discharges of dredged or fill material waterward of the HTL or OHW.

□ Any historic permanent fill previously authorized by the Corps and the date of authorization.

□ The MLLW, MHW and HTL elevations in tidal waters, and OHW elevation in lakes and non-tidal

streams.

□ Structures, if any, proposed to be erected on the fill.

□ Limits of wetlands (label: wetland boundary) and waterways (labels: OHW or HTL) on all views.

□ Limits of temporary and permanent fill to be used in any wetlands or waterway, including

construction access and work areas, cofferdams, bedding, and backfill.

□ Area (SF) of each fill that is waterward of the OHW in non-tidal waters, waterward of the HTL in

tidal waters, and in wetlands. State if the fill is permanent or temporary.

□ Disposal site of the excess excavated material. If necessary, submit an additional sheet showing the

location of the proposed disposal site. Provide quantity of excess excavated material.

□ Existing and proposed ground or waterway contours or spot elevations on all views.

□ Mitigation areas clearly identifying each area and showing the boundaries and SF of each area.

□ Total plan of development, including the proposed use of upland and wetland areas.

MA GPs 39 April 2018

2c. Plans for projects involving dredging shall also include:

□ The area (SF) and volume (CY) of material to be dredged waterward of MHW for each dredge

location.

□ Dredge boundaries.

□ Bathymetry: existing, proposed and historical (include dates and Corps permits) dredge depths

□ 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.

□ Whether the dredging is new, maintenance, improvement, or a combination.

□ A description of the area to be dredged, i.e. open water, existing channel, wetlands, uplands, etc.

□ Location of the disposal site (include locus sheet).

□ The methods and areas used to retain or prevent dredged material from running back into the wetland

or waterway. Provide the capacity and points of runback, including the overflow route, into the

aquatic system.

□ For beach nourishment, 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.

□ Show the finished top elevation of the disposal site.

□ For open-water disposal, explain why inland or beneficial reuse sites are not practicable.

□ Identification and description of any potential impacts to Essential Fish Habitat and threatened or

endangered species.

□ Note: For projects proposing open water, nearshore disposal, or beach nourishment, contact the Corps

as early as possible regarding sampling and testing protocols. Sediment testing, including physical

(e.g., grain-size analysis), chemical and biological testing may be required. Sampling and testing of

sediments without such contact should not occur and if done, would be at the applicant’s risk.

MA GPs 40 April 2018

VII. Definitions and Acronyms

Definitions

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.

Brushing the Flats: The placement of tree boughs, wooden lath structure, or small-mesh fencing on mud-

flats, or any bottom disturbance (e.g., discing, plowing, raking, etc.), to enhance recruitment of shellfish.

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.

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 Effects: The changes in an aquatic ecosystem that are attributable to the collective effect of

a number of individual 1) discharges of dredged or fill material, or 2) structures. 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.

Direct Effects: The loss of aquatic ecosystem within the footprint of the discharge of dredged or fill

material. Direct effects are caused by the action and occur at the same time and place.

Dredging:

Improvement Dredging: For the purposes of these GPs, this is dredging deeper than previously

authorized by the Corps and dredged.

Maintenance Dredging: For the purposes of these GPs, this is dredging from an area previously

authorized by the Corps and dredged. The Corps 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

MA GPs 41 April 2018

previously dredged area. The Corps may 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 dredging of an area that has never been authorized

by the Corps and dredged.

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.

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.

Expansions: Work that increases the footprint of fill, structures 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: These are defined at 33 CFR 323.2(e) and (f). The term fill

material is defined as 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.

Federal anchorages: See the definition of “Federal navigation projects.”

Federal channels: See the definition of “Federal navigation projects.”

Federal navigation projects (FNPs): These areas are maintained by the Corps; authorized, constructed

and maintained on the premise that they will be accessible and available to all on equal terms; and

comprised of Corps 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

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

MA GPs 42 April 2018

Federal turning basin: See the definition of “Federal navigation projects.”

Flume: An open artificial water channel, in the form of a gravity chute, which leads water from a

diversion dam or weir completely aside a natural flow. A flume can be used to measure the rate of flow.

FNP buffer zone: The buffer zone of a Corps FNP is equal to three times the authorized depth of the FNP.

Frac out: During normal drilling 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.

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 Corps 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.

Indirect effects: Effects that are caused by the activity and are later in time or farther removed in

distance, but are still reasonably foreseeable.

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.

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: Living shorelines stabilize banks and shores in coastal waters along 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.

Living shorelines must have a substantial biological component, either tidal or lacustrine fringe wetlands

or oyster or mussel reef structures.

Maintenance: Maintenance does not include any modification that changes the character, scope, or size

of the original fill design.

Mechanized land clearing: As a general rule, mechanized land clearing is a regulated activity (see

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.

Mouth: The river mouths referenced in this document can be determined using the maps located at:

http://www.mass.gov/eea/agencies/massdep/water/watersheds/wetlands-maps-mouth-of-coastal-

river.html.

Navigable waters or Navigable waters of the U.S.: See the definition of “waters of the U.S.” below.

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

MA GPs 43 April 2018

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-tidal wetlands: See the definition of “Waters of the U.S.” below.

Ordinary High Water Mark (OHW): 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: See the definition of “single and complete linear project.”

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 project proponent to the Corps 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 project proponent 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.

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 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 Corps-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.

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.

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.

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.

Secondary effects: These are 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.

Information about secondary effects on aquatic ecosystems shall be considered prior to the time final

MA GPs 44 April 2018

§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).

Sedimentation and turbidity: For the purposes of this document, “greater than minimal sedimentation

or turbidity” is generally not considered to occur from the installation of sheet piles, removal of sheet

piles when done in accordance with GC 16, the installation or removal of piles, dredging or excavating

in predominantly sand and courser material, and dredged material disposal in the upland (e.g., beach or

parking lot) into properly constructed upland contained dredged material disposal area.

Shellfish dredging: Shellfish dredging typically consists of a net on a frame towed behind a boat to

capture shellfish and leave the sediment behind. Dredges may skim the surface, utilize hydraulic jets,

toothed rakes or suction apparatus.

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.

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.

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 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: 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.

Stream: The term “stream” in the document means rivers, streams, brooks, etc.

Streambed: The substrate of the stream channel between the OHW marks. 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).

MA GPs 45 April 2018

Temporary impacts: Temporary impacts include, but are not limited to, waters of the U.S. that are

temporarily filled, flooded, excavated, or drained because of the regulated activity.

Tidal wetlands: 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: See the definition of “Sedimentation and turbidity” above.

Utility line: Any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry

substance, for any purpose, and 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

(Rupiamaritima) 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 go dry 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 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.

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 (not unlike a dam) and allows water to flow over the top. Weirs are commonly used to

alter the flow regime of the river, prevent flooding, measure discharge and help render a river navigable.

Waters of the United States (U.S.)

• Navigable waters of the United States are waters subject to section 10 of the Rivers and Harbors Act

of 1899. These waters are defined at 33 CFR 329 and identify waters where permits are required for

work or structures pursuant to §§9 and 10 of the Rivers and Harbors Act of 1899. They are generally

defined in 33 CFR 329.4 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.”

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.

• Waters of the United States are defined in 33 CFR 328. These waters include more than navigable

waters of the U.S. and are the waters where permits are required for the discharge of dredged or fill

material pursuant to §404 of the CWA. Waters of the U.S. include jurisdictional wetlands.

• Non-tidal wetland: 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).

MA GPs 46 April 2018

• Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal

waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of

the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be

practically measured in a predictable rhythm due to masking by other waters, wind, or other effects.

Tidal wetlands are located channelward of the HTL.

• Waterbody: For purposes of these GPs, a waterbody is a jurisdictional water of the U.S. 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)). Examples of

“waterbodies” include streams, rivers, lakes, ponds, and wetlands.

Acronyms

BMPs Best Management Practices

BUAR 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 47 April 2018

VIII: Contacts and Tribal Areas of Concern

1. Federal

U.S. Army Corps of Engineers U.S. Environmental Protection Agency

Regulatory Division 5 Post Office Square

696 Virginia Road Suite 100 (OEP05–2)

Concord, Massachusetts 01742-2751 Boston, Massachusetts 02109-3912

(978) 318-8338 (phone); (978) 318-8303 (fax) (617) 918-1692 (phone)

www.nae.usace.army.mil/missions/regulatory

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 Commander (dpb)

15 State Street First Coast Guard District

Boston, MA 02109 Battery Building

(617) 223-5191 (phone) One South Street

(Wild and Scenic Rivers) New York, NY 10004-1466

(212) 514-4331 (phone); (212) 514-4337 (fax)

Chief, Risk Analysis Branch (bridge permits)

FEMA Region 1

U.S. Department of Homeland Security

99 High Street, 6th Floor

Boston, MA 02110

(617) 956-7576

2. State of Massachusetts

Department of Environmental Protection (MassDEP)

DEP Division of Wetlands and Waterways DEP Northeast Region

One Winter Street Wetlands Protection Program

Boston, MA 02108 205B Lowell Street

(617) 292-5695 Wilmington, MA 01887

(978) 694-3200

DEP Western Region DEP Central Region DEP Southeast Region

Wetlands Protection Program Wetlands Protection Program Wetlands Protection Program

436 Dwight Street 8 New Bond Street 20 Riverside Drive, Route 105

Springfield, MA 01103 Worcester, MA 01606 Lakeville, MA 02347

(413) 784-1100 (508) 792-7650 (508) 946-2800

Massachusetts Office of Coastal Zone Management (CZM)

MA Office of Coastal Zone Management

251 Causeway Street, Suite 800

Boston, MA 02114

(617) 626-1200 (phone)

MA GPs 48 April 2018

3. Historic Resources:

a. Massachusetts Historical Commission (MHC)

The Massachusetts Archives Bldg.

220 Morrissey Boulevard

Boston, MA 02125

(617) 727-8470 (phone); (617) 727-5128 (fax)

Area of concern: The entire Commonwealth of Massachusetts

b. Massachusetts Board of Underwater Archaeological Resources (BUAR)

251 Causeway Street, Suite 800

Boston, MA 02114

(617) 626-1141 (phone); (617) 626-1240 (fax); victor.mastone@state.ma.us

Area of concern: All Massachusetts lakes, ponds, rivers and navigable waters.

c. Tribal Historic Preservation Officers (THPOs)

Tribal Historic Preservation Officer

Wampanoag Tribe of Gay Head (Aquinnah)

20 Black Brook Road

Aquinnah, MA 02535

(508) 645-9265, x175 (phone); (508) 645-3790 (fax); [email protected]

Area of concern: The entire Commonwealth of Massachusetts

Tribal Historic Preservation Officer

Mashpee Wampanoag Tribe

483 Great Neck Road South

Mashpee, MA 02649

(508) 477-0208, x101 (phone); (508) 477-1218 (fax); rpeters@mwtribe.com

Area of concern: The entire Commonwealth of Massachusetts

Tribal Historic Preservation Officer

Stockbridge-Munsee Mohican Tribal Historic Preservation, New York Office

65 1st Street

Troy, NY 12180

(518) 244-3164 (phone); [email protected]

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.

Tribal Historic Preservation Officer

Narragansett Indian Longhouse

4425 South County Trail

Charlestown, RI 02813

(401) 585-0142 (phone); (413) 325-7691 (cell); [email protected], dhnithpo@gmail.com

Area of concern: Boston and its surrounding cities and towns; Lynn; Newton; these cities and towns

in Plymouth County (Carver, Duxbury, Hingham, Kingston, Marshfield, Middleborough, Plymouth,

Plympton, Scituate); these cities and towns in Norfolk County (Milton, Quincy, Braintree,

Randolph, Canton, Sharon and Foxborough); the Blackstone River valley; and the cities and towns

west of Worcester (which are those including and west of Ashburnham, Westminster, Princeton,

Holden, Paxton, Leicester, Oxford and Webster).

MA GPs 49 April 2018

IX: HISTORIC PROPERTY NOTIFICATION FORM

In accordance with General Condition 7, proponents must ensure and document that all potential historic

properties within the permit area have been identified. To assist with this effort, proponents may send

this form for self-verification activities, but must send this form for PCN activities, to the SHPO, BUAR

and applicable THPO(s). You must include any Corps or state waterway agency application forms, plans

and a copy of the USGS quadrangle map section that clearly marks the project location. It is

recommended that you complete all fields (write “none” or “see attached application form” if applicable).

The PCN sent to the Corps must include proof of having sent this form, e.g. the email or certified mail

receipt that was used to send it, to the SHPO (does not accept email), BUAR and applicable THPOs.

Please include any comments or requests received from these agencies with your PCN.

Project Name:

Address, City, State & Zip:

Project Proponent Name:

Address:

Phone(s) and Email:

Project Location (provide detailed description if necessary) Address, City, State & Zip:

Latitude/Longitude Coordinates (if address doesn’t exist):

Waterway Name:

Agency license or funding for the project (list all licenses, permits, approvals, grants or other

entitlements being sought from state and federal agencies).

Agency Name Type of License or Funding (specify)

Project Description:

Does the project include demolition? If so, specify nature of demolition and describe the building(s)

which are proposed for demolition:

MA GPs 50 April 2018

Does the project include rehabilitation of any existing buildings? If so, specify nature of

rehabilitation and describe the building(s) which are proposed for rehabilitation:

Does the project include new construction? If so, describe (attach plans and elevations if

necessary):

To the best of your knowledge, are any historic or archaeological properties known to exist within

the project’s area of potential impact? If so, specify:

What is the total acreage of the project area?

Woodland acres

Wetland acres Productive Resources:

Floodplain acres Agriculture acres

Underwater and/or bottomlands acres Forestry acres

Open space acres Mining/Extraction acres

Developed acres Total Project Acreage acres

What is the acreage of the proposed new construction? acres

What is the present land use of the project area?

Signature of person submitting this form: Date:

Name:

Address:

City/Town/Zip:

Telephone: