The Commonwealth of Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900

Boston, MA 02114

Charles D. Baker GOVERNOR Tel: (617) 626-1000 Karyn E. Polito Fax: (617) 626-1181 LIEUTENANT GOVERNOR http://www.mass.gov/envir Kathleen A. Theoharides SECRETARY

August 9, 2021

FINAL RECORD OF DECISION

PROJECT NAME : Quinapoxet Dam Removal PROJECT MUNICIPALITY : West Boylston PROJECT WATERSHED : Nashua EEA NUMBER : 16390 PROJECT PROPONENT : Massachusetts Water Resources Authority DATE NOTICED IN MONITOR : July 23, 2021

Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G.L.c.30, ss. 61- 62I) and Section 11.11 of the MEPA Regulations (301 CMR 11.00), I have reviewed the Expanded Environmental Notification Form (EENF) for this project and hereby grant a Waiver from the categorical requirement to prepare an Environmental Impact Report (EIR).

Project Description

As described in the Expanded Environmental Notification Form (EENF), the project includes the removal of the Quinapoxet Dam, located adjacent to the outlet of the Quabbin Aqueduct in the Town of West Boylston (Town), as well as the restoration of the Quinapoxet River in-stream habitat. The project is intended to enable fish and wildlife passage, maintain public river access, maintain flood control, protect water quality, ensure climate change resiliency, and reduce long-term maintenance costs associated with the dam. The project has been designated by the Massachusetts Division of Ecological Restoration (DER) as a Priority Project.

The dam was constructed by excavating of the riverbed downstream of the dam, which was constructed at-grade, to create a spillway with a 9-foot-high drop. As such, the removal of the dam primarily entails the removal of native substrate behind the dam, and less sediment management than is typically required with dam removals. The wingwalls, spillway, and concrete fish ladder will be removed, the riverbed will be graded upstream of the dam (a length of approximately 600 feet), and fill will be placed immediately downstream of the dam. Riffles

EEA# 16390 FROD August 9, 2021 and pools will be created in the riverbed upstream of the dam and boulders of various sizes will be relocated within the Quinapoxet River to provide adequate water depths, habitat refuge, and appropriate flow velocities for fish passage. Vegetated areas of sediment deposition within the channel downstream of the dam will be mechanically dredged. Together these actions will create a uniform stream width in the area of the exiting dam, resulting in a decrease in the width of the channel immediately upstream and downstream of the dam as compared to existing conditions.

Approximately 3,950 cubic yards (cy) of sediment will dredged from the channel. Most of this sediment (2,530 cy) will be relocated to the southern bank of the Quinapoxet River in order to formalize an earthen berm between the main channel and the Quabbin aqueduct outlet. An existing overlook/fish platform will be relocated approximately 140-ft downstream and an existing pedestrian path will be extended to provide public access to the new location of the overlook/fish platform. Two temporary construction access roads, totaling 1,415 linear feet (lf) with a width of 12 feet, will be constructed – the shorter road will be located south of the channel/downstream of the dam, extending off the existing access road to the building on-site. A temporary sediment stockpile area will be located adjacent to this access road. The longer construction access road will extend from River Road to an area south of the channel/upstream of the dam; a temporary staging area will be located south of this road, near the channel. All disturbed upland areas will receive a minimum of 6” of topsoil and be seeded with appropriate seed mixes upon completion of the project.

The removal of the dam will occur in three phases. Phase 1 includes the partial removal of the dam. Phase 2 will involve disassembling the remaining portions of the dam, fish ladder, and appurtenances and the removal of the downstream islands and the reconstruction the channel. Phase 3 will formalize the berm between the reconstructed channel and the Quabbin aqueduct outlet. Each phase will require temporary cofferdams to dewater construction areas – Phase 1 will require a 4,150 square foot (sf) (0.10 acre) area to be dewatered around the southern portion of the dam, Phase 2 will require a 77,675 sf (1.78 acre) area to be dewatered surrounding the dam, and Phase 3 will require a 11,900 sf (0.27 acre) area to be dewatered around the exit of the Oakdale Power Station outlet channel. A gravity bypass culvert, consisting of two 5-foot diameter pipes, and four 4-foot diameter pipes (culverts) located under a temporary stream crossing will also be required for Phase 2.

Project Site

The 2.85-acre project site consists of the Quinapoxet Dam, a section of the Quinapoxet River, and surrounding upland areas. Adjacent to the dam, at the outlet of the Quabbin Aqueduct, is the Oakdale Transfer Facility. The dam is located upstream of two sediment basins serving the , and in turn is part of the water supply infrastructure for the City of . As described by the EENF, the Quinapoxet Dam was constructed in the early 1900’s as part of the Wachusett Reservoir construction project. The dam is owned by the Commonwealth of Massachusetts and is under the care and control of the Massachusetts Department of Conservation and Recreation (DCR) Division of Water Supply Protection. As describe above, the dam was constructed in an atypical way, involving excavation of the riverbed downstream of the dam, which was constructed at-grade, to create a spillway. Unlike most dams, which are constructed to impound waterways and trap sediment upstream, the Quinapoxet Dam was

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constructed to allow lowering of the gradient of the downstream channel reach for the purpose of reducing flow velocities such that sediment accumulation would occur in the downstream channel, prior to entering the reservoir. According to the Proponent, the dam is no longer necessary to prevent sediment from entering the reservoir, as the downstream channel has stabilized in the century since its construction, and Massachusetts Water Resources Authority’s (MWRA)’s modern reservoir operating system no longer includes the function of the channel.1

The dam includes a 250-foot long, 18-foot-high earthen embankment and a 135-foot long, 6-foot-high stone masonry and concrete horseshoe-shaped spillway weir that spans the Quinapoxet River from bank to bank. The earthen embankment portion of the dam is adjacent to the terminus of MWRA’s Quabbin Aqueduct at the Oakdale Power Station. A concrete pool/weir fishway, 86 feet long and 4 feet wide, is located along the northern abutment. According to the EENF, the Quinapoxet Dam has a Hazard Potential Classification of Class II or “Significant Hazard”. As specified in the Commonwealth of Massachusetts Dam Safety regulations (302 CMR 10.00) failure of a Class II dam may result in loss of life and damage to homes, industrial or commercial facilities, and secondary highways or railroads or cause the interruption of the use or service of relatively important facilities. A 2007 inspection of the dam found the structure to be in fair condition with several deficiencies, including deteriorated concrete at the downstream face and apron of the weir, missing stone masonry at the spillway, scour at the toe of the spillway, minor depressions in the embankment, and voids, missing/displaced stones, scour damage, and leakage in the fish ladder. The EENF indicated that amore recent inspection was not available.

The impoundment extends approximately 400 to 500 feet upstream of the dam and is shallow and fairly narrow. The Quinapoxet River bifurcates around a large, vegetated island, converging to a single channel approximately 600 feet upstream of the dam. Wetland resource areas present in the vicinity of the dam include: Bank, Bordering Vegetated Wetlands (BVW), Land Under Water (LUW), Bordering Land Subject to Flooding (BLSF), and Riverfront Area (RFA). The project is not located within mapped Estimated and Priority Habitat of Rare Species as delineated by the Natural Heritage and Endangered Species Program (NHESP) in the 14th Edition of the Massachusetts Natural Heritage Atlas or an Area of Critical Environmental Concern (ACEC). The Quinapoxet Dam is listed on State Register of Historic Places (WBY.905). The Wachusett Reservoir Public Water Supply Watershed is listed as an Outstanding Resource Water (ORW). A portion of the project site was previously regulated under the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000) and assigned Release Tracking Number (RTN) 2-14334. This was associated with arsenic detected in groundwater in 2001 which was later determined to be naturally occurring and not associated with a release of oil or hazardous materials. As such, a condition of “No Significant Risk” was designated for the site for current and future conditions. The filing was closed in 2014.

Environmental Impacts and Mitigation

While the project will restore wetlands and improve fish passage, the restoration of free- flowing riverine conditions will permanently convert wetland resource areas as described below.

1 Information regarding the current function of the dam provided in an email from Katherine Ronan (MWRA) to Eva Murray (MEPA Office) sent on July 15, 2021.

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Impacts to wetland resource areas include the alteration of 2,140 lf of Bank, 1.57 acres of LUW, 2.13 acres of BLSF, and 2.02 acres of RFA. The project will result in the elimination of 120 lf of Bank and 0.11 acres of LUW, and the creation of 0.62 acres of BLSF and RFA and 0.79 acres of BVW. The project will reduce impervious area on the site by 1,742 sf. The project is designed to enable fish and wildlife passage, maintain public river access, maintain flood control, protect water quality, and ensure climate change resiliency.

Measures to avoid, minimize, and mitigate project impacts include the use of sedimentation and erosion controls, turbidity controls and monitoring, and restoration of disturbed areas. Prior to the commencement of construction, the contractor will prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). Time of year (TOY) restrictions will be implemented to avoid impacts on MWRA operations of the Quabbin Aqueduct.

Jurisdiction and Permitting

The project is undergoing MEPA review and is subject to a mandatory EIR pursuant to 301 CMR 11.03(3)(a)(4) of the MEPA regulations because it requires State Agency Actions and will result in the structural alteration of an existing dam that causes a decrease in impoundment capacity. The project also exceeds the ENF thresholds at 11.03(3)(b)(1)(b) and 11.03(3)(b)(1)(f) because it involves the alteration of 500 or more lf of bank along a fish run or inland bank and the alteration of one-half acre or more of any other wetlands (respectively). The project requires a 401 Water Quality Certificate (WQC) and Chapter 91 (c. 91) Permit from MassDEP. Comments from the MassDEP Waterways Regulation Program (MassDEP-WRP) state the project may also require a c.91 License in addition to the c.91 Permit.

The project will require an Order of Conditions (OOC) from the West Boylston Conservation Commission (or in the case of an appeal, a Superseding Order of Conditions from MassDEP) and authorization under General Permit #23 (Aquatic Habitat Restoration, Establishment & Enhancement of Activities) from the U.S. Army Corps of Engineers (ACOE) in accordance with Section 404 of the federal Clean Water Act. The project will require review by the Massachusetts Historical Commission (MHC) acting as the State Historic Preservation Officer (SHPO) pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended (36 CFR 800).

While MWRA is identified as the Proponent of the project, the EENF states multiple agencies, including DCR and DER, are also part of the project team. As the project is proposed by and will receive funding from State Agencies, MEPA jurisdiction is broad in scope and extends to all aspects of the project that may cause Damage to the Environment, as defined in the MEPA regulations.

Waiver Request

The Proponent submitted an EENF for the project with a request for a Waiver from the requirement to prepare a Draft and Final EIR. The EENF generally described how the project meets the Wavier criteria outlined in 301 CMR 11.11 and the EENF was subject to an extended comment period, as required. The waiver request was discussed at the remote consultation

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session for the project held on June 30, 2021. Comments from State Agencies, including DER, DCR, and MassWildlife express support for both the project and the EIR waiver request, noting the positive impact of the project on wildlife habitat, recreation, water quality, public safety, and climate resiliency. Comments from MassDEP Central Regional Office (CERO) request additional turbidity monitoring following project construction.

Standards for All Waivers

The MEPA regulations at 301 CMR 11.11(1) state that I may waive any provision or requirement in 301 CMR 11.00 not specifically required by MEPA and may impose appropriate and relevant conditions or restrictions, provided that I find that strict compliance with the provision or requirement would:

(a) result in an undue hardship for the Proponent, unless based on delay in compliance by the Proponent; and (b) not serve to avoid or minimize Damage to the Environment.

Determinations for an EIR Waiver

The MEPA regulations at 301 CMR 11.11(3) state that, in the case of a waiver of a mandatory EIR review threshold, I shall at a minimum base the finding required in accordance with 301 CMR 11.11(1)(b) stated above on a determination that:

(a) the Project is likely to cause no Damage to the Environment; and (b) ample and unconstrained infrastructure facilities and services exist to support the Project (in the case of a Project undertaken by an Agency or involving Financial Assistance) or those aspects of the Project within subject matter jurisdiction (in the case of a Project undertaken by a Person and requiring one or more Permits or involving a Land Transfer but not involving Financial Assistance).

The Proponent may provide evidence satisfactory to the Secretary that the Agency Action on the Project will contain terms such as a condition or restriction that will cause benefits to environmental resources or quality or infrastructure facilities or services in excess of those that would result in the absence of the waiver.

Findings

Based on the EENF, supplemental information and consultation with State Agencies, I find that the Waiver request has merit, and that the Proponent has demonstrated that the project meets the standards for all waivers at 301 CMR 11.11(1). I find that strict compliance with the requirement to prepare a Mandatory EIR for the project would result in undue hardship by delaying completion of an environmental restoration project and would not avoid or minimize Damage to the Environment, as the Proponent has adequately analyzed project alternatives, and comment letters from State Agencies do not request further analysis through an EIR. Furthermore, the dam removal will eliminate a significant public safety hazard, restore ecological function to the Quinapoxet River, and increase the project area’s resilience to climate

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change. State Agency comments note that the permitting process will support resolution of any remaining issues. In accordance with 301 CMR 11.11(3), my finding under 301 CMR 11.11(1)(b) is based on my determination that:

1. The project is not likely to cause Damage to the Environment. The project will employ the following mitigation measures to ensure the impacts of the project are avoided, minimized and mitigated, such that it is not likely that Damage to the Environment, as defined in M.G.L. c. 30, § 61 and MEPA regulations will occur:

. Obtaining a Section 401 WQC from MassDEP for the dredging of greater than 100 cy of material. The project will be designed and constructed in a manner consistent with applicable Water Quality Regulations (314 CMR 9.00); . Obtaining a c. 91 Permit from MassDEP; . Obtaining an Order of Conditions from the West Boylston Conservation Commission; . Implementing a Stormwater Pollution Prevention Plan (SWPPP) and Flood Contingency Plan (FCP); . Implementing a Sediment Management Plan (SMP), including proper off-site disposal of dredged sediment and stabilization of remaining sediment; . Implementing turbidity controls and a TMP, including but not limited to installing two rows of turbidity curtains, implementing TOY restrictions, limiting all construction activities to dewatered areas, using turbidity settling basins, and both continuous monitoring and grab sampling within the water column during project construction; . Using erosion, sedimentation, and slope stabilization controls during project construction, including but not limited to erosion control blankets, straw bales, and silt fences; . Removing invasive species encountered during project construction; and . Staging and maintenance of construction vehicles and equipment in a designated area outside of wetland resource areas to prevent leakage of fuel or other fluids.

The West Boylston Conservation Commission will review the project to determine its consistency with the Wetlands Protection Act (WPA), the Wetlands Regulations (310 CMR 10.00), and associated performance standards. MassDEP will review the project to determine its consistency with the 401 WQC Regulations (314 CMR 9.00) and c. 91 Waterways Regulations (310 CMR 9.00). The c.91 authorization from MassDEP will include conditions maintaining appropriate public navigation access. An appropriate sediment management plan will be developed during MassDEP’s 401 WQC permitting process. The Proponent should continue to work collaboratively with project partners, State Agencies and private property owners during the permitting process to further refine project mitigation measures.

2. Ample and unconstrained infrastructure facilities and services exist to support those aspects of the project within subject matter jurisdiction:

. The project does not require any infrastructure or services to accomplish its overall goal of habitat restoration and addressing safety and liability issues

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through removal of a Class II “Significant Hazard” dam. Therefore, this criterion has been met.

Conclusion

Based on these findings, I have determined that the Waiver request has merit, and issued a Draft Record of Decision (DROD), which was published in the Environmental Monitor on July 23, 2021 in accordance with 301 CMR 11.15(2), which began the public comment period. The public comment period lasted for 14 days and ended on August 6, 2021. Accordingly, I hereby grant a Waiver from the requirement to prepare a mandatory EIR.

August 9, 2021 ______Date Kathleen A. Theoharides

Comments received:

No Comments Received

KAT/ELM/elm

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