Appendix B Wetlands & Water Resources
M E M O R A N D U M Date: August 13, 2009 To: HDR, Inc. From: Epsilon Associates, Inc. Subject: Appendix B Wetland and Water Resources B1. Introduction and Project Description The Massachusetts
Executive Office of Transportation and Public Works (EOT), in conjunction with the Pioneer Valley Planning Commission (PVPC), Vermont Agency of Transportation (Vtrans), Pan Am Southern
Railroad (PAS), and Amtrak, is proposing to relocate the Amtrak intercity passenger train, known as the Vermonter, from the New England Central Railroad back to its former route on the
Pan Am Southern Railroad between Springfield and East Northfield in Massachusetts. The Vermonter operates daily between St. Albans, Vermont and Washington, D.C. The routing of the Vermonter
in Vermont and south of Springfield would remain unchanged. It is anticipated that initial service would include station stops at the former Amtrak station at Northampton and the new
intermodal station at Greenfield, with a potential for additional stations in the future. The project would include improvements to the existing Pan Am Southern rail line, including
crosstie replacement, rail replacement, rehabilitation of grade crossings, reactivation of passing sidings and portions of double track, upgrading of switches, improvements to signal
and communications systems, surfacing and alignment of track, and improvements to bridges and station platforms. The Project improvements would occur within the existing right-of-way
owned by the Pan Am Southern. The Project does not involve any acquisition of additional right-ofway.
2 The Proposed Project does not involve any additional ballast or fill material to be placed beyond the existing limits of ballast or fill. As such, there would be no culvert repair
or replacement. There will be no in-water work in federal or state regulated wetlands or waterways. The Project does not involve clearing or grading activity. Freshwater wetlands and
water resources are located adjacent to and along the approximately 49-mile existing railway embankment. The Project is not located in or adjacent to coastal zones1. As the proposed
Project activities will be confined within previously developed areas of the existing maintained right-of-way, no impacts to wetlands or water resource areas are proposed or anticipated.
B2. Regulatory Requirements The following sections summarize the federal and state wetland regulations that could be applicable to the Project, depending on the activity proposed. B.2.1
Section 404/401 U.S. Federal Clean Water Act Section 404 of the U.S. Clean Water Act authorizes the U.S. Army Corps of Engineers (USACE) to issue permits, after notice and opportunity
for public hearing, for the discharge of dredged or fill material into “waters of the United States”2. The USACE will solicit input and comments from other federal agencies including
the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service (Section 7 Consultation under the Federal Endangered Species Act), National Marine Fisheries Service (Marine
Mammal Protection Act, Essential Fish Habitat Assessment and Section 7 Consultation), and State and Tribal Historic Preservation Officer (Section 106 Consultation). 1 According to the
Massachusetts Coastal Zone Management Plan (MACZM, March 2002), the coastal zone of Massachusetts includes the lands and waters within an area defined by the seaward limit of the state's
territorial sea (generally 3 miles from shore), extending from the Massachusetts/New Hampshire border south to the Massachusetts/Rhode Island border, and landward to 100 feet inland
of specified major roads, rail lines, or other visible rights-of-way. The coastal zone includes all of Cape Cod, Martha's Vineyard and Nantucket. 2 “Waters of the United States” is broadly
defined in the federal regulations that implement the Clean Water Act. It includes tidal waters, rivers, streams, lakes, ponds and wetlands.
3 Two types of permit authorizations exist under Section 404 of the Clean Water Act: General Permits and Individual Permits. General Permits are required for projects that will have
only minimal adverse impact, individually and cumulatively, upon wetlands and other waters. Individual Permits are required for projects that have more than minimal adverse impact to
wetlands and other waters. Activities are permitted through the Programmatic General Permit (PGP) program, which has been designed for each of the six New England States. In conjunction
with a 404 permit application, a 401 Water Quality Certificate (WQC) is required under the U.S. Clean Water Act for certain activities in wetlands and waterways. The 401 program is a
federal statute administered through the state regulations (310 CMR 9.00) by the Massachusetts Department of Environmental Protection (MassDEP) to ensure that a project complies with
state water quality standards (314 CMR 4.00). A Section 401 WQC would be required by the MassDEP in the event that the USACE requires an Individual Permit under Section 404, if more
than 5,000 square feet of bordering or isolated vegetated wetlands or land under water bodies and waterways cumulatively are altered, or if the project results in a discharge of fill
into an Outstanding Resource Water (e.g., vernal pools and public drinking water supplies and the tributaries thereto). As Project activities will not result in any temporary or permanent
impacts to freshwater wetlands or waterways, a permit from the USACE under Section 404 is not required nor is water quality certification from the MassDEP. B.2.2 Section 10 of the Rivers
and Harbors Act of 1899 & U.S. Coast Guard Bridge Act (General Bridge Act of 1946) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) prohibits the unauthorized obstruction
or alteration of any “navigable water of the United States”3 unless the work or structure has been authorized by the USACE via the issuance of a permit. The USACE’s decision regarding
the issuance of a a Section 10 permit is based upon an evaluation of the probable impacts of the proposed activity on the public interest (see 33 CFR § 320.4). 3 The term “navigable
water of the United States” is defined at 33 CFR Part 329. Generally, they are those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean
high water mark, and/or are presently used, or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce.
4 The Connecticut River and Deerfield River are navigable waters. In several locations along the railway route, the existing railway is located adjacent to or over the Connecticut River
and Deerfield River. Any individual, partnership, corporation, or local, state, or federal legislative body, agency, or authority planning to construct or modify a bridge or causeway
across a navigable waterway of the United States may also need to apply for a Coast Guard bridge permit. An exemption to this requirement exists if work is limited to the repair or replacement
of worn or obsolete parts on an existing bridge. Replacement of bridge parts includes replacing steel with wood, steel with concrete, guard rails with solid material, changing pavement
type, or adding or replacing pipelines within the bridge structure, provided said work does not alter the structural configuration or navigational clearances; significantly modify any
substructure or superstructure components; or violate any navigational conditions of the original permit. Coast Guard approval is required if work involves the replacement of wood surface
to steel on a fender. As Project activities will not require in-water work within the Connecticut River or Deerfield River, nor the need for new structures or modifications to existing
structures over the Connecticut or Deerfield Rivers that might have the potential to impact the navigable capacity of the waterbodies, and all activities will be located within previously
developed areas within the existing right-of-way, the Project should not be subject to a Section 10 filing under the Rivers and Harbors Act of 1899 or the General Bridge Act of 1946.
B.2.3 Chapter 91 The Waterways Act (M.G.L. Chapter 91) and its implementing regulations (310 CMR 9.00) require that a Chapter 91 Waterways License or Permit be obtained from MassDEP
for any activity located in, under, or over flowed tidelands, filled tidelands, Great Ponds and certain non-tidal rivers and streams on which public funds have been expended. Chapter
91 Waterways Licenses and Permits are necessary to protect and promote the public interest in these waterbodies by ensuring that proposed projects and activities do not unreasonably
interfere with navigation and rights of the public or adjacent waterfront property owners; and that they protect water-dependent uses and serve a proper public purpose.
5 Work on bridges crossing certain waterways is subject to jurisdiction under Chapter 91. The Chapter 91 regulations, however, exempt certain activities from licensing and permitting.
Exemptions in the regulations that appear to apply to the Project include the following: continuation of any existing unauthorized public service project, provided that no unauthorized
structural alteration or change in use has occurred subsequent to January 1, 1984 . . .; and continuation of any existing, unauthorized use of fill or structures constructed prior to
1939 on any non-tidal river or stream. . ., provided that no unauthorized structural alteration or change in use has occurred subsequent to January 1, 1984. The Project involves maintenance
and repair of two bridges crossing waterways, one over the Connecticut River and the other over the Deerfield River, neither of which has been licensed or permitted under Chapter 91.
Regarding the first exemption identified above, the Chapter 91 regulations define “public service service project” as, among other things, a project “consisting entirely of infrastructure
facilities,” and the regulations define “infrastructure facility” as “facility which produces, delivers, or otherwise provides electric, gas, water, sewage, transportation, or telecommunications
services to the public.” Maintenance and repair of the two bridges may be exempt from licensing or permitting under this provision. Regarding the section exemption listed above, the
bridge over the Connecticut River was constructed in 1912, and the bridge over the Deerfield River was constructed in 1921. Based on these construction dates, maintenance and repair
of the two bridges appears to be exempt from licensing or permitting under this provision. B.2.4 National Pollutant Discharge Elimination System Program The EPA has issued a Construction
General Permit (CGP) for stormwater discharges associated with construction activities under the National Pollutant Discharge Elimination System (NPDES) program (re-issued on January
2009). The CGP authorizes storm water discharges from large and small construction activities that result in a total land disturbance of equal to or greater than one acre, where those
discharges enter surface waters of the United States or a municipal separate storm sewer system (MS4) leading to surface waters of the United States. A construction project that is part
of a larger common plan that will ultimately disturbs one or more acres of land must also comply.
6 Compliance with the CGP is achieved by (1) completing, certifying and submitting to EPA a Notice of Intent (NOI), (2) developing and implementing a Stormwater Pollution Prevention
Plan (SWPPP), and (3) reading and complying with the requirements and standard conditions contained in the CGP. As the Project is not likely to alter greater than 1 acre of land by “clearing,
grading, and excavating” coverage under the NPDES CGP is not required. In the event that proposed activities do exceed the 1 acre threshold referenced above, a NPDES SWPPP will be prepared
and a Notice of Intent will be filed in order to obtain coverage prior to Project construction. B.2.5 Massachusetts Wetland Protection Act/Rivers Protection Act The Massachusetts Wetlands
Protection Act (M.G.L. c.131 § 40) (WPA) and implementing regulations (310 CMR 10.00) is a state statute administered locally by the municipal Conservation Commission . The WPA recognizes
eight interests protected by wetlands, waterbodies and other resource areas. These eight interests are: 1) protection of public and private water supply, 2) protection of groundwater
supply, 3) flood control, 4) storm damage prevention, 5) prevention of pollution, 6) protection of land containing shellfish, 7) protection of fisheries, and 8) protection of wildlife
habitat. The WPA requires the preparation of a Notice of Intent (NOI) for work within a wetland resource area or for work within 100 feet of certain wetland resource areas (i.e., the
100-foot Buffer Zone). The general performance standards for work or activities occurring within each wetland resource area are identified in the WPA regulations. In 1996 the Massachusetts
Legislature passed the Massachusetts Rivers Protection Act (Acts of 1996, Ch. 258). This law amends the WPA, and provides protection to rivers by regulating activities within a newly
established wetland resource area known as the Riverfront Area. In most municipalities the Riverfront Area is 200 feet wide and is measured from each side of the river from the mean
annual high water line outward horizontally and parallel to the river. In general terms, a river is defined as any river or stream that is a naturally flowing body of water that empties
into any ocean, lake, or other river and that flows throughout the year. Man made canals do not have Riverfront Areas. Performance standards for work in the Riverfront Area were developed
by MassDEP first
7 as guidance in the fall of 1996, then as part of the Wetlands Protection Act regulations that became effective in October 1997. The provisions relating to Riverfront Area are found
in the regulations at 310 CMR 10.58. As discussed above, Project activities will not result in temporary or permanent impacts to wetland resource areas. However, portions of Project
activities will likely be located within the buffer zone to wetland resource areas and within previously disturbed Riverfront Areas. A Notice of Intent filing with the applicable Conservation
Commissions (Northfield, Bernardston, Greenfield, Deerfield, Whately, Hatfield, Northampton, Easthampton, Holyoke, Chicopee, and Springfield) will be required for activities located
either within resource areas or within their applicable buffer zones. B.2.6 Local Wetland Protection Bylaws and Regulations In addition to implementing the Massachusetts Wetland Protection
Act regulations, several of the municipalities along the Project route may also have local bylaws and regulations. Activities proposed within resource areas or their applicable buffer
zones will also be subject to review under the applicable town’s local wetland bylaws as well as the WPA. B3. Technical Approach Mapped wetland resource areas, waterways, floodplains,
protected waters of special quality and concern, and protected drinking water resources along the existing Project route were reviewed using the Massachusetts Geographic Information
System (MassGIS) database. Mapped resource areas, located along the railway corridor, are depicted on the attached Wetlands and Water Resources figures, Sheets 1 through 9. Freshwater
Wetlands and Waterbodies Freshwater wetlands and waterbodies are mapped adjacent to and within the existing railway right-of-way, which extends through 11 communities. Wetland and waterbody
types mapped include open waters, intermittent and perennial streams and rivers, marsh and meadow systems, shrub swamps, and wooded swamps. The railway crosses over two major river systems:
the the Connecticut River and the Deerfield River. The Project does not cross or abut coastal zones. Project activities will not result in any temporary or permanent impacts to wetlands,
as Project activities will be located in previously developed areas located within the existing right-of-way. As no impacts to wetlands are anticipated, the Project is not intended or
expected to impact the hydrology of adjacent wetland and therefore will have no impact on water quality.
8 100-Year Floodplain According to the MassGIS database, the existing railway crosses over areas of the 100-year floodplain (see attached Wetlands and Water Resources figures). However,
Project activities will not result in impacts to or fill of mapped 100-year floodplain areas. Please note, 100-year floodplain mapping in Franklin County is not yet available in the
MassGIS database. Navigable Waterways See Section B.2.2 above. Protected Drinking Water Resources/Water Quality Mapped protected drinking water supply areas adjacent to and within the
existing railway corridor were reviewed (see attached Wetlands and Water Resources figures). As shown on the attached Figures, the existing railway crosses through one Interim Wellhead
Protection Area4 in Northfield, two MassDEP approved Zone II5 Areas in Bernardston, one MassDEP approved Zone II Area in Greenfield, one Interim Wellhead Protection Area in Deerfield,
and one MassDEP approved Zone II Area in both Whately and Hatfield. Project activities are not anticipated to impact the mapped drinking water supply areas nor to have an effect on water
quality, as (1) proposed activities will not require increased water usage and will therefore not have an impact on water supply, (2) project activities will not change groundwater or
surface water flows, (3) no new stormwater outfalls are proposed nor are modifications to existing outfalls or headwalls proposed, and (4) proposed activities will be located within
the existing maintained right-of-way and will not change existing drainage patterns. 4 Interim wellhead protection areas are identified for public water systems using wells or well fields
that lack a MassDEP approved Zone II. The interim wellhead protection area is generally a one-half mile radius measured from the well or wellfield for sources whose approved pumping
rates are 100,000 gallons per day (gpd) or greater. See 310 CMR 22.00 Massachusetts Drinking Water Regulations. 5 Zone II is the area of an aquifer which contributes water to a well
under the most severe pumping and recharge conditions that can be realistically anticipated. It is bounded by the groundwater divides which result from pumping the well and by the contact
of the aquifer with less permeable materials such as till or bedrock. See 310 CMR 22.00 Massachusetts Drinking Water Regulations.
9 B4. Assessment of Wetland and Water Resources Review of mapped wetland and water resources indicates that the existing railway is located adjacent to and across wetlands, waterways
and protected drinking water supply areas. However, as discussed above, Project activities will be located within the existing previously developed and maintained right-of-way and proposed
activities will not result in any temporary or permanent impacts to identified wetland and water supply resources. Therefore, the Project is anticipated to have no effect on wetlands,
waterways and drinking water resources. B5. References Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs, Massachusetts Geographic Information System
(http://www.mass.gov/mgis/). See attached figures.
C h i c o p e e S p r i n g f i e l d We s t S p r i n g f i e l d H o l y o k e A g a w a m 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 1 of 9 Wetland
and Water Resources Prepared By: Scale: 1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Spri
ngfield\2727\EA\wet_water1.mxd *FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area
-Zone A Surface Water Protection Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water
Bog Deep Marsh Shallow Marsh, Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary
H o l y o k e C h i c o p e e S o u t h H a d l e y E a s t h a m p t o n 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 2 of 9 Wetland and Water Resources
Prepared By: Scale: 1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Springfield\2727\EA\wet_
water2.mxd *FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area -Zone A Surface Water
Protection Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water Bog Deep Marsh Shallow
Marsh, Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary
N o r t h a m p t o n H o l y o k e H a d l e y S o u t h H a d l e y E a s t h a m p t o n 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 3 of 9 Wetland
and Water Resources Prepared By: Scale: 1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Spri
ngfield\2727\EA\wet_water3.mxd *FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area
-Zone A Surface Water Protection Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water
Bog Deep Marsh Shallow Marsh, Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary
H a t f i e l d N o r t h a m p t o n H a d l e y Wh a t e l y 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 4 of 9 Wetland and Water Resources Prepared
By: Scale: 1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Springfield\2727\EA\wet_water4.mx
d *FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area -Zone A Surface Water Protection
Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water Bog Deep Marsh Shallow Marsh,
Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary
Wh a t e l y D e e r f i e l d H a t f i e l d S u n d e r l a n d H a d l e y 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 5 of 9 Wetland and Water
Resources Prepared By: Scale: 1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Springfield\27
27\EA\wet_water5.mxd *FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area -Zone A
Surface Water Protection Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water Bog
Deep Marsh Shallow Marsh, Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary
D e e r f i e l d G r e e n f i e l d M o n t a g u e S u n d e r l a n d 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 6 of 9 Wetland and Water Resources
Prepared By: Scale: 1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Springfield\2727\EA\wet_
water6.mxd *FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area -Zone A Surface Water
Protection Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water Bog Deep Marsh Shallow
Marsh, Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary
G r e e n f i e l d M o n t a g u e D e e r f i e l d C o l r a i n L e y d e n G i l l 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 7 of 9 Wetland
and Water Resources Prepared By: Scale: 1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Spri
ngfield\2727\EA\wet_water7.mxd *FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area
-Zone A Surface Water Protection Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water
Bog Deep Marsh Shallow Marsh, Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary
B e r n a r d s t o n G i l l G r e e n f i e l d N o r t h f i e l d 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 8 of 9 Wetland and Water Resources
Prepared By: Scale: 1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Springfield\2727\EA\wet_
water8.mxd *FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area -Zone A Surface Water
Protection Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water Bog Deep Marsh Shallow
Marsh, Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary
N o r t h f i e l d G i l l B e r n a r d s t o n 0 1,000 2,000 Feet Legend Proposed Vermonter Route Current Vermonter Route Sheet 9 of 9 Wetland and Water Resources Prepared By: Scale:
1 Inch = 2,000 Feet Knowledge Corridor -Restore Vermonter Springfield to East Northfield, Massachusetts Executive Office of Transportation G:\Projects2\MA\Springfield\2727\EA\wet_water9.mxd
*FEMA Flood Boundary not available for Franklin County Outstanding Resource Waters FEMA Flood Boundary, Zone A (100 year)* Surface Water Protection Area -Zone A Surface Water Protection
Area -Zone B Surface Water Protection Area -Zone C DEP Approved Zone IIs Interim Wellhead Protection Area Hydrologic Connections Wetland Types Open Water Bog Deep Marsh Shallow Marsh,
Meadow or Fen Shrub Swamp Wooded Swamp Town Boundary