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Public Notice
November 3 to December 12, 2025
Weston & Sampson is conducting smoke testing of sewers.
SMOKE IS NOT TOXIC OR STAINING. PEOPLE WITH LUNG
AILMENTS SHOULD AVOID SMOKE. IF YOU HAVE A RELATED
HEALTH CONDITION PLEASE CONTACT WESTON & SAMPSON
AT 774-389-0926. PLEASE LEAVE A MESSAGE INCLUDING
YOUR NAME, ADDRESS, AND TELEPHONE NUMBER SO THAT
APPROPRIATE PRECAUTIONS MAY BE TAKEN.
ALTERATION OF A U.S. ARMY CORPS OF ENGINEERS CIVIL WORKS PROJECT
PURSUANT TO 33 USC 408: North Nashua River Local Protection Project,
Fitchburg, MA
Interested parties are hereby notified that the U.S. Army Corps of Engineers, New
England District (USACE) is evaluating plans under 33 U.S.C. 408 (Section 408) to
allow the City of Fitchburg, MA to replace two existing stormwater outfalls with larger
stormwater outfalls along the North Nashua River adjacent to 166 Boulder Drive in
Fitchburg, MA. One outfall was constructed as part of the federally constructed North
Nashua River Local Protection Project that was designed to improve flood flows through
Fitchburg and reduce flood risk. The federally constructed outfall is an 18-inch-diameter
outfall that penetrates a federally constructed floodwall and will be upsized to 24 inches
in diameter by enlarging the opening through the existing wall. The second outfall is an
existing 18-inch-diameter stormwater outfall that penetrates a dry-stacked stone wall
along the bank of the improved North Nashua River channel within the Nashua River
Local Protection Project. The outfall will be upsized to 60 inches. The stone wall was not
federally constructed, so the federal interest is limited to verifying that the outfall
structure does not encroach on the federally improved river channel and impede flood
flows. The proposed project is part of a larger effort to separate combined sewer
overflow from stormwater flow to meet National Pollutant Discharge Elimination System
(NPEDS) Permit requirements.
This Notice is being issued pursuant to 33 U.S.C. 408, USACE Engineering Circular
(EC) 1165-2-220, Executive Order 11988 – Floodplain Management, and Council on
Environmental Quality regulations (40 Code of Federal Regulations [CFR] 1500-1508)
for implementing the procedural provisions of the National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et. seq.) and the USACE Procedures for Implementing NEPA
(33 CFR 230). Section 408 allows USACE to grant permission for the alteration,
occupation, or use of a USACE civil works project if it is determined that the activity will
not be injurious to the public interest and will not impair the usefulness of the federal
project. A decision on a Section 408 request is a federal action, and therefore subject to
NEPA and other environmental compliance requirements.
The proposed project will be conducted within the locations of existing man-made
features, including the site of the Nashua River Local Protection Project. As a result, the
impacts of the project on the existing landscape and habitats will be minimal. USACE
has determined that the action falls within a categorial exclusion under 33 CFR 230.9
and, therefore, is categorically excluded from further NEPA review; an Environmental
Assessment is not required for this action. The public is invited to provide comment. To
request more information, contact: Kevin DiRocco, New England District, U.S. Army
Corps of Engineers, 696 Virginia Road, Concord, MA 01742,
Kevin.J.DiRocco@usace.army.mil. The comment period will end on April 2, 2024.
Letters should be postmarked by this date.