El 1 El - US EPA · 2019. 3. 1. · u u • QQ !!!O z 0 .c 0 ::, w C 0. VI I-w ... employed (public education and outreach BMPs also requires a target audience). Use the drop-down

Notice of Intent (NOi) for coverage under Small MS4 General Permit Page 1 of 24

Part I: General Conditions

General Information

Name of Municipality or Organization: lsalisbury ~--------------------~

State: ~'M_A ____ ~

EPA NPDES Permit Number (if applicable): ~IM_A_R_0_4_1_22_0 _______ ~

Primary MS4 Program Manager Contact Information

Name: I Lisa DeMeo I Title: I Director of Public Works

Street Address Line 1: ~I3_9_L_at_a_ye_t_te_R_o_a_d _______________________________ ~ Street Address Line 2:

City: lsalisbury State: ~IM_A ____ ~I ZipCode: ~lo_1_9s_2 __ ~ Email: [ [email protected] I Phone Number: 1978-462-7611

Fax Number: ~' -----~

Other Information

Stormwater Management Program (SWMP) Location Update Existing SWMP During Permit Year 1 and Post to Town Website (2018-2019).

Eligibility Determination

Endangered Species Act (ESA) Determination Complete? l~v_es_~ Eligibility Criteria (check all that apply):

National Historic Preservation Act (NHPA) Determination Complete? l~v_e_s --~ Eligibility Criteria (check all that apply):

□ A ~ B □ C

~ A □ B □ C

0 Check the box if your municipality or organization was covered under the 2003 MS4 General Permit

MS4 Infrastructure (if covered under the 2003 permit)

Estimated Percent of Outfall Map Complete? EJ If 100% of 2003 requirements not met, enter an (Part II, Ill, IV or \I, Subpart 8.3.(a.) of2003 permit) 0 estimated date of completion (MM/DD/YY):

I Web address where MS4 map is published:

If outfall map is unavailable on the internet an electronic A PDF of the Town's Drainage Map, including outfalls and receiving waters, is attached.

or paper copy of the outfall map must be included with NOi submission (see section V for submission options)

Regulatory Authorities (if covered under the 2003 permit)

Illicit Discharge Detection and Elimination (IDDE) Authority Adopted? El Effective Date or Estimated [os/14112 (Part II, Ill, IV or \I, Subpart 8.3.(b.) of 2003 permit) Date of Adoption (MM/DD/YY):

Construction/Erosion and Sediment Control (ESC) Authority Adopted? El Effective Date or Estimated 111101113 (Part ll,/11,IVor \I, Subpart 8.4.(a.) of 2003 permit) Date of Adoption (MM/DD/YY):

Post- Construction Stormwater Management Adopted? El Effective Date or Estimated [os/14112 (Part II, Ill, IV or \I, Subpart 8.5.(a.) of 2003 permit) Date of Adoption (MM/DD/YY):

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Salisbury

Notice of Intent (NOi) for coverage under Small MS4 General Permit Part II: Summary of Receiving Waters

Page 2 of 24

Please list the waterbodies to which your MS4 discharges. For each waterbody, please report the number of outfalls discharging into it and, if applicable, the segment ID and any impairments.

Massachusetts list of impaired waters: Massachusetts 2014 List of Impaired Waters- http:Uwww.mass.gov/eea/docs/dep/water/resources/07v5/14list2.pdf

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Waterbody that receives flow from the MS4 and outfalls into ..!. GI "' - ::,

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Other pollutant(s) causing impairments ftl .. I!?~ 1,1

segment ID if applicable receiving water GI .c "Cl ftl C GI 0 0 'i, D. GI ._ GI .. .c

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segment ·;: 0 > .a c:n " D. 0 .. - ftl .. _g _g Sl 11'1 0 aa, "' ;g -e 0 GI .. 0 1,1 ... .c .c . !!!O ... .c 0 ::, C u u QQ z 0 0. VI I- w w

Merrimack River (Segment MA84A-06) 0 □ □ □ □ □ □ □ □ ~ Fecal Coliform, PCB in Fish Tissue

Black Rock Creek 1 □ □ □ □ □ □ □ □ □ Smallpox Creek 0 □ □ □ □ □ □ □ □ □

Salt Wetlands Area off of 11th Street 2 □ □ □ □ □ □ □ □ □ Salt Wetlands Area off of 12th Street 2 □ □ □ □ □ □ □ □ □ Wetlands Area off of Corporal Drive 2 □ □ □ □ □ □ □ □ □

Salt Marsh Area off of Seabrook Road 2 □ □ □ □ □ □ □ □ □ Salt Marsh Area off of Garafalo Drive 1 □ □ □ □ □ □ □ □ □

Wetlands Area North of Pleasant Street 1 □ □ □ □ □ □ □ □ □ Salt Marsh Area off of Mudnock Road 4 □ □ □ □ □ □ □ □ □ Salt Marsh Area off of Cushing Street 1 □ □ □ □ □ □ □ □ □

Wetlands Area off of Elm Street 0 □ □ □ □ □ □ □ □ □ Wetlands Area off of Ferry Road 2 □ □ □ □ □ □ □ □ □

Meader Brook 1 □ □ □ □ □ □ □ □ □ Back River (Segment MA84A-06) 0 □ □ □ □ □ □ □ □ ~

Fecal Coliform, PCB in Fish Tissue

Marsh Area off of Mudnock Road 4 □ □ □ □ □ □ □ □ □ Salt Marsh Area located at the end of Jon Street 1 □ □ □ □ □ □ □ □ □

Wetlands Area East of Bayberry Lane 1 □ □ □ □ □ □ □ □ □

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Number of cu 0.

ftl ~ts - "' outfalls into

..!. GI "' - ::, Waterbody that receives flow from the MS4 and >- 0 ·~ "' ::, VI 1,1

Other pollutant(s) causing impairments ftl .. I!?~

1,1

segment ID if applicable receiving water GI .c "Cl Ill C GI 0 0 D. cu .. GI .. .c 1,1 'i, 0 > .a c:n " D. "'iii :5! 0 segment ·;: .. - Ill 0 aa, "' ;g -e 0 .. _g _g 5l 11'1 .. 0 GI .... 1,1 .... .c .c • !!!O z 0 .c 0 ::, w C u u QQ 0. VI I- w

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Number of cu 0.

ftl ~ts - "'

outfalls into ..!. GI "' - ::,

Waterbody that receives flow from the MS4 and >- o·~ "' ::, VI 1,1

Other pollutant(s) causing impairments ftl .. VI >- 1,1

segment ID if applicable receiving water GI .c "Cl Ill C GI 0 I- ~ 0 D. cu .. GI .. .c 1,1 'i, 0 > .a c:n " D. - 'i, 0 segment ·;: "'·- .. .. - Ill 0 aa, "' ;g -e 0 0 0 5l ll'I .. 0 GI ::c ::c .... 1,1 ....

• !!!O z 0 .c 0 ::, w C u u QQ 0. VI I- w

Salt Marsh East of Ferry Road 1 □ □ □ □ □ □ □ □ □ Wetlands Area West of Rabbit Road 1 □ □ □ □ □ □ □ □ □

□ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □

Click to lengthen table

Salisbury

Notice of Intent (NOi) for coverage under Small MS4 General Permit Part Ill: Stormwater Management Program Summary

Page4 of 24

Identify the Best Management Practices (BMPs) that will be employed to address each of the six Minimum Control Measures (MCMs). For municipalities/organizations whose MS4 discharges into a receiving water with an approved Total Maximum Daily Load (TMDL) and an applicable waste load allocation (WLA), identify any additional BMPs employed to specifically support the achievement of the WLA in the TMDL section at the end of part Ill.

For each MCM, list each existing or proposed BMP by category and provide a brief description, responsible parties/departments, measurable goals, and the year the BMP will be employed (public education and outreach BMPs also requires a target audience). Use the drop-down menus in each table or enter your own text to override the drop down menu.

MCM 1: Public Education and Outreach

BMP Media/Category Beginning

Responsible Department/Parties Year of (enter your own text to override the BMP Description Targeted Audience

(enter your own text to override the drop down menu) Measurable Goal

BMPlmple-drop down menu)

mentation

Brochure will consist of 'how-to-guide' for

-Number distributed Brochures/Pamphlets residents on how rain Greenscapes North Shore Coalition -Resident FY2019

gardens work and Residents

how to install them at testimonials

their home.

Workshop and associated literature will cover LID options for reducing runoff -Number of

Brochures/Pamphlets and promoting on- Developers (construction) Greenscapes North Shore Coalition attendees FY2019

site infiltration. -Increase in LID use Pricing, maintenance and ordinances will also be discussed.

Salisbury Pane 5 of 24 Brochure will include general info on LIDs that can assist in stormwater management and pollution prevention.

Brochures/Pamphlets Content will be Industrial Facilities Greenscapes North Shore Coalition -Number distributed

targeted to -Phone call followup

FY2020

"environmental contacts" at industrial facilities, or property managers where applicable.

Waterworks presentation will

-Number of

discuss specific BMPs attendees

Workshop for parking lots; how Business, Institutions and Commercial -Number of

to reduce impervious Facilities Greenscapes North Shore Coalition and Planning presentations FY2020

surfaces, and redistributed to

maintain the space commercial

more sustainably. representatives

Workshop and literature will go into greater detail, following the workshop regarding

Workshop low impact Developers (construction) Greenscapes North Shore Coalition and Planning -Number of

development held in attendees

FY2021

year one. Town bylaws and associated incentives will be outlined.

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Presentation will discuss proper "greenscaping" practices on a business/ com mercia I

Meeting level. Content will be Business, Institutions and Commercial Greenscapes North Shore Coalition and Planning -Number of FY2022 targeted to property Facilities attendees managers and will include salt/sand storage and landscape management.

Presentation will discuss proper "greenscaping" practices on an industrial level.

Meeting/ Presentation Content will be Industrial Facilities Greenscapes North Shore Coalition -Number of FY2022

targeted to property attendees managers and will include salt/sand storage and landscape management.

Greenscapes NS will conduct a "Greenscapes 101"

-Number of presentation for

attendees Meeting/ Presentation residents. Residents Greenscapes North Shore Coalition and Planning FY2023

Presentation will -Resident

discuss the Testimonials

importance of clean and plentiful water.

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Salisbury

Notice of Intent (NOi) for coverage under Small MS4 General Permit Part Ill: Stormwater Management Program Summary (continued)

MCM 2: Public Involvement and Participation

Brief BMP Description Responsible Department/Parties Additional Description/ BMP Categorization

(enter your own text to override the drop down menu) (enter your own text to override the drop down menu) Measurable Goal

lornAdm;o

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Allow annual review of stormwater management

Public Review Provide for Public Review of SWMP and Annual Reports plan and posting of stormwater management plan on website

lorn Ope""°"' I

Continue to conduct a hazardous materials

Public Participation Participate in Waste Oil Collection collection day every two years and track amount of material collected.

Continue collection of a hazardous materials day

Public Participation Participate in Paint Collection DPW Operations every two years basis and track amount of hazardous materials collected.

lornOpe,a,om Maintain relationships with

Public Participation Participate in the Women in Transition/Trial Court/Middleton Inmates/I organizations and continue year-round cleanup work throughout town.

lorn Ope,atiom Continue to collect

Public Participation Participate in Recycling Collection recyclables at the transfer station.

lornOpe,a,om Continue to collect yard Public Participation Participate in Yard Waste Collection waste at the transfer

station.

lorn Ope,atiom Maintain relationship with

Public Participation Participation in the Merrimack Valley Stormwater Coalition the organization by attending meetings monthly.

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Beginning Year of

BMP lmple-

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Salisbury Page 10 of 24


MCM 3: Illicit Discharge Detection and Elimination (IDDE)

BMP Categorization (enter your own text to override the drop down menu)

550 inventory

Storm sewer system map

Written IDDE program

Implement IDDE program

Department of Public Works staff training

Conduct dry weather screening and sampling

BMP Description

Develop inventory of where SS0s have discharged over the last five years.

Update drainage map in accordance with permit conditions and update annually during IDDE program implementation.

Responsible Department/Parties (enter your own text to override the drop down menu)

1~WMmi,

DPWAdmin

Create written IDDE I program to meet permit DPW Admin

conditions. _

Implement catchment investigations according to program and permit conditions.

Train employees on IDDE program components and implementation.

Conduct in accordance with outfall screening procedure and permit conditions.

DPWAdmin

1~WMmi,

1~WMmi,

Measurable Goal (all text can be overwritten)

I Complete within 1 yearof effective date of permit & update 550 Inventory annually.

Update map within 2 years of effective date of permit and complete full system map 10 years after effective date of permit. Report on progress annually.

Beginning Year of

BMP Imple

mentation

I FY2019

FY2020

I Complete within 1 yearofthe 8 effective date ~f permit and FY2019

_ update as required.

Begin within two years of permit effective date, and complete 10 years after effective date of permit. Track annually the number of illicit connections that are identified and removed.

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Provide training to municipal employees annually. Track the number of employees that receive training.

I Complete within 3 years of permit effedive date. Track number of outfalls that are screened and sampled annually.

FY2020

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Conduct wet weather screening and sampling Conduct wet weather Complete within 10 years of

screening and sampling permit effective date. Track

at outfalls/ number of outfalls that are

interconnections in screened and sampled

catchments where DPWAdmin annually. FY2022

System Vulnerability Factors are present in accordance with permit conditions.

Conduct dry weather 1~WMm;, I

Complete ongoing outfall

I FY2029 I Ongoing screening and wet weather screening upon completion

screening (as necessary) of IDDE investigations.

Assess and rank the potential for all catchments to have illicit

Priority Ranking discharges. Identify DPWAdmin Complete within 1 year of FY2019 catchments with System permit effective date. Vulnerability Factors that will necessitate wet weather sampling.

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Update catchment

1~WMm;,

I EJ prioritization and Complete within 3 years of

ranking as dry weather permit effective date.

screening information becomes available.

Develop written catchment investigation

Complete within 18 months Catchment Investigation Procedures procedures and DPWAdmin FY2019

incorporate into IDDE of permit effective date.

Plan.

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MCM 4: Construction Site Stormwater Runoff Control

BMP Categorization Responsible Department/Parties BMP Description (enter your own text to override the drop down menu or entered text) (enter your own text to override the drop down menu)

Update written procedures for site

Site inspection and enforcement of Erosion and Sediment inspections and Planning Department/DPW Control (ESC) measures enforcement that meet

permit requirements and begin implementation.

Develop written procedures for site plan

Site plan review review that meet permit Planning Department/DPW

requirements and begin implementation.

The Planning Board Rules and Regulations require sediment and erosion control. Review and update existing regulations as needed to include language that

Erosion and Sediment Control requires construction Planning Department/DPW/Town Attorney

operators to implement a sediment and erosion control program that includes BMPs that are appropriate for conditions at the construction site.

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Beginning

Measurable Goal Year of

BMP (all text can be overwritten)

lmple-mentation

Complete within 1 year of the effective date of permit. Report on the number of site FY2019 inspections and enforcement actions annually.

Complete within 1 year of the effective date of permit. Report on the number of site plan reviews conducted, FY2019

inspections conducted, and enforcement actions taken annually.

Complete within 1 year of the effective date of FY2019 permit


Review and update, as needed, the Town's requirements to ensure the control of wastes,

Complete within 1 year including but not limited Planning Department/DPW of the effective date of FY2019 Waste Control to, discarded building

permit materials, concrete truck wash out, chemicals, litter, and sanitary wastes. ,,

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MCM 5: Post-Construction Stormwater Management in New Development and Redevelopment

BMP Categorization Responsible Department/Parties BMP Description (enter your own text to override the drop down menu or entered text) (enter your own text to override the drop down menu)

Review and update, as needed, the procedures to require submission of

As-built plans for on-site stormwater control as-built drawings and

Planning Department/DPW ensure long term operation and maintenance to meet permit requirements.

Identify at least 5 permittee-owned properties that could be modified or retrofitted with BMPs to reduce

Target & rank properties for BMP retrofitting frequency, volume, and

Planning Department/DPW

pollutant loads associated with stormwater discharges, and update annually.

Develop a report assessing existing local regulations to determine

Allow green infrastructure practices the feasibility of making Planning Department/DPW green infrastructure practices allowable when appropriate site conditions exist.

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Beginning

Measurable Goal Year of

BMP (all text can be overwritten)

lmple-mentation

Require submission of as-built plans and long term O&Mfor completed projects. FY2020 Complete within 2 years of permit effective date.

Complete within 4 years of permit effective date and FY2022 report annually on retrofitted properties.

Complete within 4 years of permit effective date and FY2022 report annually on retrofitted properties.


Develop a report assessing requirements

Complete within 4 that affect the creation of impervious cover to

years of permit effective date and

Street design and parking lot guidelines determine if design Planning Department/DPW implement FY2022

standards for streets and parking lots can be

recommendations of

modified to support low report.

impact design options.

Review, and update existing regulations as

Ensure any stormwater controls or management needed, to meet practices for new development and redevelopment meet retention and treatment Complete within two the retention or treatment requirements of the permit requirements of the Planning Department/DPW years of permit FY2020 and all applicable requirements of the Massachusetts permit, and require effective date. Stormwater Handbook compliance with the

Stormwater Management Standards.

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MCM 6: Municipal Good Housekeeping and Pollution Prevention

BMP Categorization (enter your own text to override the drop down menu or entered text)

O&M procedures

Inventory all permittee-owned parks and open spaces, buildings and facilities, and vehicles and equipment

Infrastructure O&M

Stormwater Pollution Prevention Plan (SWPPP) Development, Inspections, and Training

Catch basin cleaning

BMP Description

Create written O&M procedures including all requirements contained in 2.3.7.a.ii for parks and open spaces, buildings and facilities, and vehicles and equipment.

Create inventory

Establish and implement program for repair and rehabilitation of MS4 infrastructure

Create a SWPPP for the DPW Facility on Lafayette Road and other wastehandling facilities as needed.

Establish schedule for catch basin cleaning such that each catch basin is no more than 50% full and clean catch basins on that schedule.

Responsible Department/Parties (enter your own text to override the drop down menu)

DPW Operations

DPW Operations

DPW Operations

Measurable Goal (all text can be overwritten)

Complete and implement within 2 years of permit effective date.

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Complete wit~in 2 years of permit effective date and update annually.

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Complete wit~in two years of permit effective date.

Complete and implement 2 years after effective date of permit, and provide training annually thereafter. Track number of employees trained annually.

Clean catch basins on established schedule and report number of catch basins cleaned and volume of material removed annually.

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Beginning Year of

BMP Imple

mentation

FY2020

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FY2019

Salisbury

Street sweeping program

Road salt use optimization program

Inspection and maintenance of stormwater treatment structures

Catch basin cleaning optimization

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Sweep all streets and permitee-owned parking lots in accordance with permit conditions.

Establish and implement a program to minimize the use ofroad salt.

Establish and implement inspection and maintenance procedures and frequencies.

Develop and implement a plan to optimize inspection, cleaning, and maintenance of catch basins to ensure that permit conditions are met.

DPW Operations

DPW Operations

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. deicing season.

Inspect all stormwater treatment structures annually. Conduct maintenance as necessary. Track number of structures inspected and maintained annually.

Complete within two years of permit effective date.

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FY2020


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Actions for Meeting Total Maximum Daily Load (TMDL) Requirements

Use the drop-down menus to select the applicable TMDL, action description to meet the TMDL requirements, and the responsible department/parties. If no options are applicable, or more than one, enter your own text to override drop-down menus.

Applicable TMDL Action Description Responsible Department/Parties (enter your own text to override the drop down menu)

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Actions for Meeting Requirements Related to Water Quality Limited Waters

Use the drop-down menus to select the pollutant causing the water quality limitation and enter the waterbody ID(s) experiencing excursions above water quality standards for that pollutant. In addition, if you are subject to additional requirements due to a downstream nutrient impairment (see Part 2.2.2 of the permit) select the pollutant of concern and indicate applicable waterbody IDs or write "all waterbodies" if applicable. Choose the action description from the dropdown menu and indicate the responsible party. If no options are applicable, or more than one, enter your own text to override drop-down menus.

Pollutant Waterbody ID(s) Action Description Responsible Department/Parties (enter your own text to override the drop down menu)

I Enterococcus I Merrimack River (Segment MA84A-06) ~dhere to requirements in part Ill of Appendix H I Engineering

!Fecal Coliform I Merrimack River (Segment MA84A-06) ~dhere to requirements in part Ill of Appendix H I Engineering

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Notice of Intent (NOi) for coverage under Small MS4 General Permit Part IV: Notes and additional information

Page 23 of 24

Use the space below to indicate the part(s) of 2.2.1 and 2.2.2 that you have identified as not applicable to your MS4 because you do not discharge to the impaired water body or a tributary to an impaired water body due to nitrogen or phosphorus. Provide all supporting documentation below or attach additional documents if necessary. Also, provide any additional information about your MS4 program below.

Through initial consultation with the US Fish & Wildlife, it was determined that threatened species within Salisbury include the northern long-eared bat, the piping plover, and the red knot; and endangered species include the roseate tern. The Town further consulted with US Fish & Wildlife per Appendix C as part of the endangered species determination, and received follow-up correspondence confirming the determination of Criterion B. This letter dated September 24, 2018 has been appended to this Notice of Intent. US Fish & Wildlife concurs that actions currently proposed within this Notice of Intent are not likely to adversely impact the species listed. As structural Best Management Practices are constructed in the future, the Town will re-initiate consultation with US Fish & Wildlife prior to construction activities.

The Town's outfall mapping is estimated to be 95% complete. The Town estimates that there are at least a few additional outfalls that still need to be mapped. As the Town works to update their drainage mapping in Year 1, the Town will conduct additional field reconnaissance to locate any additional outfalls that may not be mapped. The Town's map of outfalls and receiving waters does depict some outfalls that are associated with drainage infrastructure on state roadways, and are therefore not under the Town's jurisdiction. These outfalls are noted differently on the map.

Notice of Intent (NOi) for coverage under Small MS4 General Permit Page 22 of 22

Part V: Certification

I certify under penalty of law that this document and all attachments were prepared under my direction-or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate.Jhe information submitted. Based on my inquiry of the person or persons who manage the system, or those personldirb:tly'responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false m·formation, including the possibility of fine and imprisonment for knowing violations.

Name: !Neil Harrington Title: !Town Manager

Date: Signature:

Note: When prompted during signing, save the document under a new file name

U.S. FISH & WILDLIFE

SERVICE

United States Department of the Interior ~ FISH AND WILDLIFE SERVICE ~

~or~'f.

New England Field Office 70 Commercial St, Suite 300 Concord, NH 03301-5087

http:/ /www.fws.gov/newengland

September 24, 2018

To whom it may concern:

The U.S. Fish and Wildlife Service (USFWS) reviewed the stormwater discharge activities associated with the 2016 National Pollutant Discharge and Elimination System (NPDES) Massachusetts (MA) Small Municipal Separate Storm Sewer System (MS4) general permit (MA MS4 General Permit) issued by the Environmental Protection Agency (EPA). We determined those activities may affect, but are not likely to adversely affect, certain species listed under the Endangered Species Act (ESA) of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) when specific conditions are met. When these conditions are met, we do not need to review individual projects. These comments are provided in accordance with section 7 of the ESA and complement existing 2016 MA MS4 General Permit Appendix C Guidance. We understand the applicant is acting as a non-Federal representative of the EPA for the purpose of consultation under section 7. This letter provides additional guidance for meeting Criterion B and should be submitted as part of your application package to the EPA.

If the USFWS Information for Planning and Consultation website (https://ecos.fws.gov/ipac/) indicates your MA MS4 General Permit project action area may contain one or more of the following federally listed endangered species: roseate tern (Sterna dougallii), northern red-bellied cooter (Pseudemys rubriventris), dwarf wedgemussel (Alasmidonta heterodon), rusty patched bumble bee (Bombus affinis), northeastern bulrush (Scirpus ancistrochaetus), or American chaffseed (Schwalbea americana); threatened species: piping plover (Charadrius melodus), bog turtle ( Glyptemys muhlenbergii), Puritan tiger beetle ( Cicindela puritana), northeastern beach tiger beetle (Cicindela dorsalis), or red knot (Calidris canutus rufa); or their federally designated critical habitat; and the specific conditions listed below are met, you may submit this letter to complete the MA MS4 General Permit Appendix C: Step 4 in place of a concurrence letter for informal consultation as documentation of ESA eligibility for USFWS Criterion B.

In addition, this letter also satisfies the requirement in the MA MS4 General Permit Appendix C: Step 2 (3) to contact the USFWS and obtain a concurrence letter, if you have not yet done so. If your project action area includes one or more of the above-listed species and one or more of the

https://ecos.fws.gov/ipac

www.fws.gov/newengland

2 September 24, 2018

species listed under Criterion C, 1 you may still use this letter to certify under Criterion B. All existing guidance regarding requirements for certifying eligibility according to the USFWS Criterion A, B, or C for coverage by the 2016 MS4 Permit ( see MA MS4 General Permit Appendix C - Endangered Species Guidance) remains unchanged.

We have determined that proposed storm water discharge activities covered under the 2016 MS4 Permit may affect, but are not likely to adversely affect, the above-listed species and the species' critical habitat when the following are true:

1. all stormwater discharges are pre-existing or previously permitted by EPA; 2. any planned operations and maintenance work covered by this permit will only affect

previously disturbed areas where stormwater controls are already installed. In these situations the chance of encountering any of the subject species is discountable;

3. the project implements EPA MS4 Best Management Practices (BMPs) and meets Clean Water Act and Massachusetts Water Quality Standards. Although permitted discharges may reach the environment used by these species, BMPs reduce pollutants to the extent that discharges are not known to have measurable impacts on these species or their habitat;

4. no new construction or structural BMPs are proposed under this permit at this time; and 5. you agree that if, during the course of the permit term, you plan to install a structural BMP

not identified in the Notice of Intent (NOI), you will re-initiate consultation with the USFWS as necessary (see MA MS4 General Permit Appendix C: Step 2 (5)).

If the above criteria are met, further consultation with the USFWS under section 7 of the ESA is not required at this time; however, if the proposed action changes in any way such that it may affect a listed species in a manner not previously analyzed or if new information reveals the presence of additional listed species that may be affected by the project, the applicant or the EPA should contact us immediately and suspend activities that may affect those species until the appropriate level of consultation is completed with our office. Thank you for your cooperation, and please contact David Simmons of this office at (603) 227-6425 if you have questions or need further assistance.

Thomas R Chapman Supervisor New England Field Office

Criterion C includes guidance for project action areas that may contain species for which EPA has already made a determination. These species include the northern long-eared bat (My otis septentrionalis), sandplain gerardia (Agalinis acuta), small whorled pogonia (lsotria medeoloides), and/or American burying beetle (Nicrophorus americanus) (MA MS4 General Permit Appendix C: Step 3 - Determine if You Can Meet Eligibility USFWS Criterion C).

Documents

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