The Commonwealth of Massachusetts 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) 626-1081 LIEUTENANT GOVERNOR http://www.mass.gov/eea Kathleen A.Theoharides SECRETARY October 9, 2020 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME : Lawrence Hydroelectric Project Eel Lift PROJECT MUNICIPALITY : Lawrence PROJECT WATERSHED : Merrimack EEA NUMBER : 16265 PROJECT PROPONENT : Essex Company, LLC. DATE NOTICED IN MONITOR : September 09, 2020 Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G. L. c. 30, ss. 61-62I) and Section 11.06 of the MEPA regulations (301 CMR 11.00), I hereby determine that this project does not require an Environmental Impact Report (EIR). Project Description As described in the Environmental Notification Form (ENF), the project consists of the construction of an eel lift at the north end of the Essex Dam in the City of Lawrence. The purpose of the project is to improve the passage of American eel upstream of the dam. Project construction will consist of installation of a concrete pad on existing bedrock at the base of the north dam abutment; installation of a metal hopper; construction of a metal rail system attached to the side of the north abutment; and the installation of a holding tank on the top of the abutment, as well as safety fencing. The project will not result in any changes to the operation of the dam or impoundment levels. As the concrete pad will be installed on exposed bedrock, no dredging is proposed for project construction. EEA# 16265 ENF Certificate October 9, 2020 Project Site The 0.03-acre project site consists of the portion of the Merrimack River channel where the concrete pad will be installed (at the base of the north abutment of the dam), and a small portion of the adjacent land parcel, to be used for temporary construction access and staging. According to the ENF, this parcel consists of a mowed open area with a historic gatekeeper’s residence. The Essex dam is a component of the Lawrence Hydroelectric Project (Federal Energy Regulatory Commission No. 2800- MA), located on the Merrimack River. Existing fish passage facilities at the 900-foot long, 33-foot high dam include a fish elevator, downstream fish bypass, and an eel ladder installed at the south end of the dam in 2012. According to the ENF, eel passage studies and improvements at the project site have been ongoing since eels were first observed seeking passage in 2001-2002. In 2018 and 2019, the US Fish and Wildlife Service (USFWS) installed temporary eel ramps at the north abutment of the dam. These temporary ramps were successful in collecting eels, resulting in the recommendation to install a permanent eel passage facility at the north abutment of the dam. Immediately downstream of the project site is the Massachusetts State Route 28 bridge; an abandoned railroad bridge crosses the river further downstream. The project site contains several wetland resource areas, including: Riverfront Area (RFA), Land Under Water (LUW), Inland Bank (Bank), and Fish Runs. The base of the dam (Merrimack River) is located within a mapped Federal Emergency Management Agency (FEMA) floodplain, FEMA Zone AE (an area inundated by a 100-year storm). This area is also classified as a FEMA regulatory floodway. Two segments of the Merrimack River within a half-mile of the project site are classified as Category 5 Impaired Water Bodies due to the presence of Escherichia coli (E. coli), Mercury and PCBs in fish tissue, and total Phosphorous content of the water. The Essex Dam, also referred to as the Great Stone Dam, is listed in the Massachusetts Historical Commission’s (MHC) Inventory of Historic and Archaeological Assets of the Commonwealth (Inventory). The dam is also listed in the National Register of Historic Places as the “Great Stone Dam.” Environmental Impacts and Mitigation Impacts associated with the project include the alteration of 641 square feet (sf) of land in order to construct the eel lift. Impacts to wetland resource areas include the permanent alteration of 16 sf of LUW to construct the base of the eel lift, and temporary impacts to 1,240 sf of RFA and 80 linear feet (lf) of Bank associated with construction and staging. The project will also permanently impact 80 lf of Fish Runs associated with improvement activities. The Proponent’s consultant provided updated information during MEPA review that indicates these impacts are conservative estimates that will likely decrease as project design is refined1. Measures to avoid, minimize, and mitigate Damage to the Environment include limiting construction to periods of low-flow; use of electric drills instead of hydraulic equipment; and temporary erosion, sedimentation, and pollution controls during construction. Jurisdiction and Permitting 1 Email from Jill Griffiths (Gomez and Sullivan) to Eva Murray (MEPA Office) sent on October 7, 2020. 2 EEA# 16265 ENF Certificate October 9, 2020 This project is subject to MEPA review and preparation of an ENF pursuant to 301 CMR 11.03(3)(b)(1)(e) of the MEPA regulations because it requires a State Agency Action and will result in new fill or structure or expansion of existing fill or structure in a velocity zone or regulatory floodway. The project will require a Fishway Construction Permit from the Massachusetts Department of Marine Fisheries (DMF) and review by MHC pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended (36 CFR 800). The project requires an Order of Conditions (OOC) from the Lawrence Conservation Commission (or in the case of an appeal, a Superseding Order of Conditions from MassDEP). The project also requires submittal of a Pre-Construction Notification to the U.S. Army Corps of Engineers (ACOE) seeking authorization under the General Permits for Massachusetts in accordance with Section 404 of the federal Clean Water Act. The project is not receiving Financial Assistance from the Commonwealth. Therefore, MEPA jurisdiction is limited to those aspects of the project that are within the subject matter of any required or potentially required Agency Actions and that may cause Damage to the Environment, as defined in the MEPA regulations. Review of the ENF The ENF provided a description of existing and proposed conditions, preliminary project plans, and measures to avoid, minimize and mitigate environmental impacts. To aid in MEPA review, the Proponent also provided an expanded alternatives analysis; correspondence with DMF, the Massachusetts Division of Fisheries and Wildlife (MassWildlife), and MHC; information on an Operation and Maintenance (O&M) Plan for the project; and additional site plans. In response to feedback regrading impacts to historical resources during the site visit, the Proponent provided supplemental information on historical resource areas that may potentially be affected by the project, and additional design plans with revised anchor details.2 For purposes of clarity, all supplemental materials provided by the Proponent are referred to herein as the “ENF” unless otherwise referenced. Comments from State Agencies do not identify any significant impacts that were not reviewed in the ENF. Alternatives Analysis As described in the ENF, alternatives were evaluated on their ability to best meet project goals while minimizing environmental impacts. Project goals were identified as improving the passage effectiveness of catadromous American eel upstream of the Essex Dam and enhancing the overall fishery resources of the Merrimack River and watershed. The ENF evaluated the following alternatives: No-Build Alternative; Eel Ramp Alternative, Suspended Hose Alternative, Submerged Bucket Alternative, and the Preferred Alternative. The No-Build Alternative would not result in any environmental impacts; however, this Alternative was dismissed because the long-term impact of reduced eel passage would continue to harm environmental resources. The Eel Ramp Alternative would involve either a temporary or permanent eel 2 Supplemental Information distributed on October 1, 2020 by the Proponent’s consultant. 3 EEA# 16265 ENF Certificate October 9, 2020 passage structure, similar to the temporary eel ramp that was previously installed by USFWS in this location. The eel ramp structure is an approximately 12-foot-long ramp terminating in an eel trap (bucket) to collect eels, which are then manually transported into the upstream impoundment. According to the ENF, this temporary eel ramp was successful in collecting eels in both 2018 and 2019. According to the ENF, the continued annual installation of a temporary eel ramp would result in reduced impacts to environmental and historic resources compared to the Preferred Alternative; however this alternative was dismissed as the temporary eel ramp requires near-daily maintenance activities, which involve personnel crossing through an unsafe area beneath the Route 28 bridge. A permanent eel ramp was also dismissed because, if built to the full dam-height, this would result in greater impacts than the preferred alternative; and if built to a shorter height with a trap near the base of the dam, it would still present the same safety concerns as the temporary ramp. The Suspended Hose Alternative would involve a suspended hose apparatus to provide eel passage and was tested at the project site in 2019. According to the ENF, this Alternative would result in reduced impacts to environmental and historic resources as compared to the Preferred Alternative, but the 2019 trial did not perform well and as such, this Alternative was deemed ineffective and dismissed. The Submerged Bucket Alternative would involve an approximately 2-foot-diameter hole drilled into the bedrock ledge near the north dam abutment, with a bucket submerged into the hole to collect eels. The bucket would be connected via a cable to a winch mounted on the top of the dam abutment, and personnel would raise the bucket each day to release collected eels.