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Final Environmental Impact Report - Whittier Bridge/I-95 ...

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<strong>Whittier</strong> <strong>Bridge</strong>/I-<strong>95</strong> Improvement Project FEIR<br />

Chapter 2.0: Response to Comments on the <strong>Environmental</strong> Assessment/Draft <strong>Environmental</strong> <strong>Impact</strong> <strong>Report</strong><br />

cofferdams around existing and proposed bridge piers, are designed to prevent impacts to the river and to allow<br />

traffic to continue to flow during construction. We support these construction controls and recommend that FHWA<br />

and MassDOT condition the in-water cofferdam construction work to be consistent with time of year (TOY)<br />

restrictions and other recommendations from the Massachusetts Division of Marine Fisheries and the National<br />

Marine Fisheries Service.<br />

Response: The comment is noted. Consultations with the DMF and NMFS have been completed,<br />

and MassDOT has agreed to comply with DMF and NMFS conservation recommendations.<br />

As noted in the correspondence from the MA DMF dated December 9, 2011 (subsequent to the<br />

publishing of the EA/DEIR): ―If the project avoids simultaneous installation of multiple cofferdams,<br />

Marine Fisheries does not recommend any time of year (TOY) restrictions on the construction<br />

process.‖ NMFS indicated the following in a letter dated June 8, 2011: ―Based on the analysis that<br />

any effects to shortnose sturgeon from the proposed action will be insignificant or discountable,<br />

NMFS is able to concur with the determination that the proposed reconstruction of the <strong>Whittier</strong><br />

<strong>Bridge</strong> in Amesbury, Massachusetts is not likely to adversely affect any listed species under NMFS<br />

jurisdiction.‖<br />

MassDOT has committed to DMF and NMFS conservation recommendations, including limiting the<br />

installation or removal of cofferdams within the river to one at a time; therefore, no TOY restrictions<br />

are required for the project.<br />

2.2.3 Essex National Heritage Commission<br />

The Essex National Heritage Commission submitted a comment letter dated December 21, 2011.<br />

ENHC-1: Our review of the EA/DEIR identified two important actions that would significantly strengthen the integrity<br />

and utility of the proposed Shared-Use Path. The first entails providing a connection between the path and Main<br />

Street in Amesbury. Doing so will greatly increase the path's use by Amesbury residents as well as the myriad of<br />

cyclists who already access the region's upriver communities via Main Street.<br />

Response: Providing a connection from the Shared-Use Path to Main Street near the visitor center<br />

would be very difficult to permit and, therefore, is not included in the project. But such a connection<br />

would not be precluded by the project. The visitor center, the former Smith‘s Chain <strong>Bridge</strong> Filling<br />

Station No. 3, has been determined by the State Historic Preservation Officer to be eligible for<br />

individual listing in the National Register of Historic Places. As such, any construction on its lot or<br />

modifications of the building would trigger review under Section 106 of the National Historic<br />

Preservation Act and would require modification of the project‘s Section 106 Memorandum of<br />

Agreement. If determined to be an adverse impact under Section 106, Section 4(f) would be<br />

triggered. Additionally, due to the limited space available at the 520 Main Street location and the<br />

difference in elevation between the visitor center parcel and the Shared-Use Path (approximately 40<br />

feet), a connection would not be feasible, would require a large ramp structure with grades in excess<br />

of handicapped accessibility requirements and would result in additional wetland impacts to Wetland<br />

I, located behind the visitor center building. Additional wetland impacts in excess of 40 square feet at<br />

Wetland I would result in the need for wetlands Variance for the project, the timeline for which would<br />

push the project outside of the Accelerated <strong>Bridge</strong> Program funding schedule.<br />

2-12

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