bypass regulatory

"By-Pass" Road

Regulatory Reviews

1. The project requires a Chapter 91 license (issued by the Massachusetts DEP (Department of the Environment). This is essentially a license to construct in a filled tideland.

2. The project is now in the stage where the section between the Beverly Bridge and Washington Street in Salem is out to bid (January, 2002). However, we understand that that section is now (April, 2002) undergoing a review under Section 106 of the National Historic Preservation Act Review, which essentially requires:

The Federal Agency responsible determines if there are any historic properties listed on the National Register of Historic Places or are eligible for listing on the National Register of Historic Places in the vicinity. (There are)
The Federal Agency responsible makes a determination that there will potentially be adverse effects on any of these listed or eligible properties. (There are)
The Federal Agency responsible enters into a consultative process with the signers of an MOA to mitigate or eliminate these potential effects.

For more information on the Section 106 of the National Historic Preservation Act Review, go to the National Advisory Council's web site (www.//achp.gov/citizensguide.html) for a "Citizen's Guide".

Chapter 91 Waterways License

Section 106 of the National Historic Preservation Act Review

The project is applying for a permit for activity within a filled tideland. Comments are due April 9, 2002.

This seems to be the 75% Design Level review.

Send comments to:

Ms. Sharon M. Pelosi, Program Chief

DEP Waterways Regulation Program

One Winter Street, 6th Floor

Boston, MA 02108

Re:

Chapter 91 License Amendment

Bridge Street By-Pass

Salem, MA

Waterways Application # W02-0440-N

Amendment to License #3146

The MOA (Memorandum of Agreement) of 1992 was signed by:

FHWA (Federal Highway Administration)

NACHP (National Advisory Council on Historic )

SHPO (Massachusetts State Historic Preservation Officer)

and "concurred" by:

MHD (Massachusetts Highway Department)

Salem Planning Department

Salem Historical Commission

Planning Department

Beverly Historic District Commission

DEP's purview in this case seems to be limited to access to the water, parking for the public for access to the water, effects to surrounding areas (through the 106 process), dredging, and the history of the applicant on carrying out its previous committments (such as the promise to develop a park at the old bridge crossing)

The 75% Design Level Rview is apparently in process. We are attempting to determine:

The Process

The Participants

The Review Timetable, including deadlines for comments.

Chapter 91 Waterways License	Section 106 of the National Historic Preservation Act Review
The project is applying for a permit for activity within a filled tideland. Comments are due April 9, 2002.	This seems to be the 75% Design Level review.
Send comments to: Ms. Sharon M. Pelosi, Program Chief DEP Waterways Regulation Program One Winter Street, 6th Floor Boston, MA 02108 Re: Chapter 91 License Amendment Bridge Street By-Pass Salem, MA Waterways Application # W02-0440-N Amendment to License #3146	The MOA (Memorandum of Agreement) of 1992 was signed by: FHWA (Federal Highway Administration) NACHP (National Advisory Council on Historic ) SHPO (Massachusetts State Historic Preservation Officer) and "concurred" by: MHD (Massachusetts Highway Department) Salem Planning Department Salem Historical Commission Planning Department Beverly Historic District Commission
DEP's purview in this case seems to be limited to access to the water, parking for the public for access to the water, effects to surrounding areas (through the 106 process), dredging, and the history of the applicant on carrying out its previous committments (such as the promise to develop a park at the old bridge crossing)	The 75% Design Level Rview is apparently in process. We are attempting to determine: The Process The Participants The Review Timetable, including deadlines for comments.