What is a 401 Water Quality Certification?

It's a state approval ensuring the project meets water quality standards required under federal law.

Why was the Burke's Pond dam removed as an emergency?

Accelerated deterioration posed immediate risk, prompting the Pepperell Conservation Commission to issue an emergency certificate on December 16, 2025.

Who filed the after-the-fact application?

The Town of Pepperell Department of Public Works as applicant and Brian McPhail as owner submitted the application.

Public Hearing — 2 Blood Street, Pepperell, MA

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The Town of Pepperell Department of Public Works and owner Brian McPhail submitted an after-the-fact 401 Water Quality Certification for the Burke's Pond emergency dam removal at 2 Blood Street. The dam was removed under an emergency certificate issued December 16, 2025 for safety and ecological reasons.

Key Takeaways

After-the-fact 401 certification filed for Burke's Pond dam removal
Location: 2 Blood Street, Pepperell, MA
Emergency removal authorized December 16, 2025
Applicant: Town of Pepperell DPW; Owner: Brian McPhail

Published: May 8, 2026 · 1 week ago
Category: Public Hearing
City: Pepperell
Address: 2 Blood Street, Pepperell, MA

What to do next

1
Contact DEP Central Regional Office
Reach out to the Massachusetts DEP Central Regional Office, Division of Wetlands and Waterways to review the 401 application status and any public comment opportunities.
2
Review Conservation Commission record
Check Pepperell Conservation Commission records for the Emergency Certificate dated December 16, 2025 for details on the authorized emergency actions.
3
Monitor public notices
Watch Massachusetts DEP and local notices for decisions, permit conditions, or remediation requirements related to the dam removal.

Frequently asked questions

What is a 401 Water Quality Certification?: It's a state approval ensuring the project meets water quality standards required under federal law.
Why was the Burke's Pond dam removed as an emergency?: Accelerated deterioration posed immediate risk, prompting the Pepperell Conservation Commission to issue an emergency certificate on December 16, 2025.
Who filed the after-the-fact application?: The Town of Pepperell Department of Public Works as applicant and Brian McPhail as owner submitted the application.

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Legal terms in this notice

401 Water Quality Certification: State verification that a project will comply with federal and state water quality standards.
Emergency Certificate: Local permit allowing immediate action when urgent hazards threaten public safety or resources.

Full Notice Text

Public Notice
Massachusetts
Department of
Environmental
Protection
Central Regional
Office
Division of Wetlands
and Waterways
Pursuant to 33 U.S.C.
1341 and M.G.L.c.21 §§
26-53, notice is given
of a 401 Water Quality
Certification application
to the Department of
Environmental Protection
for the Burke's Pond
Emergency Dam
Removal project. The
Applicant, the Town of
Pepperell Department
of Public Works,
and the Owner, Brian
McPhail, are submitting
this after-the-fact
401 Water Quality
Certificate application
regarding the recently
completed Burke's
Pond Emergency Dam
Removal Project at 2
Blood Street in Pepperell,
Massachusetts. Project
design was underway to
remove the Burke's Pond
Dam for the purposes of
ecological restoration.
However, accelerated
rates of deterioration
warranted the emergency
action taken to remove
it, for which an
Emergency Certificate
was issued by the
Pepperell Conservation
Commission on
December 16, 2025
Additional