Final Environmental Impact Report - Whittier Bridge/I-95 ...
Final Environmental Impact Report - Whittier Bridge/I-95 ... Final Environmental Impact Report - Whittier Bridge/I-95 ...
Whittier Bridge/I-95 Improvement Project FEIR Chapter 2.0: Response to Comments on the Environmental Assessment/Draft Environmental Impact Report staging areas will not impact resource areas, that contractors will be made explicitly aware of their compliance obligations under the wetlands regulations and the conservation commission orders, and that an environmental monitor who is experienced in erosion and sediment control management, wetland replacement, and other mitigation techniques will be hired for project construction oversight through post construction monitoring period. Response: The methods to be used to clearly delineate and ensure protection of wetland resources in the field are included in section 1.4.3. As noted in the comment, MassDOT will require that the contractor develop and implement a construction management access system. The response to comment DEP-2A below includes additional information on controlling the contractor‘s access to the site. MassDOT will hire an experienced environmental monitor for the construction of the project. DEP-2A: MassDEP is also concerned that another potential unanticipated impact to wetland resource areas immediately adjacent to Route I-95 project area is that the contractor may by necessity need to locate work yards or lay down areas. Depending on the amount of additional impact that may be required to site work yards or lay down areas which MassDEP agrees are necessary to further the project, it is possible that the total amount of resource area impacts could exceed the amount allowed under the wetland regulation's performance standards. To avoid this possibility, MassDEP requested that the work yard/lay down locations be identified in the DEIR. Subsequent to the filing of the DEIR, MassDOT provided to MassDEP a summary of the contractual and field oversight measures it will institute to ensure that any areas outside of the plan approved work areas that the contractor proposes to utilize will be appropriately delineated and controlled to prevent impacts to wetland resource areas. Details of those measures should be provided in the FEIR. Response: Section 1.4.3 describes the measures MassDOT will require the design/build contractor to implement to ensure protection of wetland resource areas outside the approved work area to avoid unpermitted wetland impacts. MassDOT anticipates the design/build contractor to utilize upland areas within the state highway layout for staging or lay down areas. If the contractor chooses to create staging areas outside of the state highway layout, the contractor must delineate all wetland resource areas adjacent to such staging areas, and must isolate said wetland resource areas from staging areas with orange snow fence, compost filter tubes and limit of work signage. The contract documents will include language that there will not be any wetland impacts beyond those permitted within the applicable environmental permits; such applies to the entire project area, including any staging areas the contractor may choose. DEP-3: As MassDOT is pursuing issuance of the wetlands authorizations from conservation commissions prior to completion of the MEPA process, the Orders of Conditions issued by the three conservation commissions may need to incorporate these impact avoidance measures in the Order of Conditions. Response: MassDOT has incorporated the avoidance measures described in the response to comment DEP-2A above into revised NOI plans which have been submitted to the conservation commissions. DEP-4: MassDEP recommends MassDOT consult with local stakeholders including Merrimack River Watershed Council and Eight Towns and A Bay in devising appropriate mitigation or restoration for impacts to riverfront area as well as other wetland resource areas. However, all mitigation must meet the Wetland Protection Act performance 2-14
Whittier Bridge/I-95 Improvement Project FEIR Chapter 2.0: Response to Comments on the Environmental Assessment/Draft Environmental Impact Report standards for the specific resource area impacted. As part of the NOI review, MassDOT will need to specify the riverfront area mitigation or restoration to be provided on a square footage basis. Local conservation commissions will need to apply the restoration standard at 310 CMR 10.58(5)(1), and the stormwater management standards established at 310 CMR 10.58(5)(b) as part of its Riverfront Area findings. Response: Impacts to RFA in Newburyport and Amesbury and BVW in Amesbury will be appropriately mitigated in full compliance with the Wetlands Protection Act. Section 1.4.4 includes updated information on the RFA mitigation and restoration measures. DEP-5: The proponent is obligated to provide detailed plans of BVW replacement areas to the issuing authority, including groundwater elevation information conducted in accordance with the MassDEP March 2002, Massachusetts Inland Replication Guidelines, to demonstrate that the site could support the proposed Replacement Area designs. Response: MassDOT has submitted additional details to the Amesbury Conservation Commission on the proposed BVW mitigation area to supplement the Amesbury NOI filing. The wetland mitigation plan has been revised to incorporate the revisions. The revised wetland mitigation plan is described in section 1.4.5. Groundwater elevations will be monitored throughout 2012 and will be used to develop the final wetland mitigation construction plans by the design/build contractor. DEP-5A: It is MassDEP's experience that leaving the details of replacement area design to construction is not adequate to ensure a successful replacement area. Response: The design of the wetland mitigation area has been advanced. Details on the proposed mitigation site are included in section 1.4.5 DEP-6: While Bartlett Spring Pond and its tributaries are not currently listed in the tables of the Surface Water Quality Standards (314 CMR 4.06 (5) as a Class A/Outstanding Resource Water (ORW), pursuant to 314 CMR 4.04(1), Antidegradation Provisions, its existing use as a public drinking water supply and the level of water quality necessary to protect the existing uses must be protected and maintained because protection of public water supply is an interest of the Wetlands Protection Act. Stormwater regulatory standard 6 (310 CMR 10.05(6)(k)(6) and 314 CMR 9.06(6)(a)(6) prohibiting stormwater discharges to Zone A must also be met. Further, no stormwater BMPs are allowed within the Zone A unless essential to operation of a public water supply. Response: The existing western edge of the I-95 southbound roadway will remain in its current location and the project will not result in additional impervious surface within 400 feet of Bartlett Spring Pond. The widening of I-95 southbound in this area will be within the existing highway median. The proposed stormwater management system in Newburyport, like the existing stormwater collection system, will be a closed system ultimately discharging to the Merrimack River outside the Zone A of Bartlett Springs Pond. No portion of the drainage system or any stormwater BMPs will be located within the Zone A. DEP-6A: The FEIR should demonstrate that the road complies with 310 CMR 22.20B and C provisions, and with the applicable stormwater regulatory standards specified at 310 CMR 10.05(6)(k)(I-10) and 314 CMR 9.06(6)(a)(1-10). Even if the proposed road is to be constructed from gravel, the following regulations apply: 310 CMR 10.05(6)(k)(1), (2), (4 - source control provision),(6), (8), (9), and (10). 2-15
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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 />
standards for the specific resource area impacted. As part of the NOI review, MassDOT will need to specify the<br />
riverfront area mitigation or restoration to be provided on a square footage basis. Local conservation commissions<br />
will need to apply the restoration standard at 310 CMR 10.58(5)(1), and the stormwater management standards<br />
established at 310 CMR 10.58(5)(b) as part of its Riverfront Area findings.<br />
Response: <strong>Impact</strong>s to RFA in Newburyport and Amesbury and BVW in Amesbury will be<br />
appropriately mitigated in full compliance with the Wetlands Protection Act. Section 1.4.4 includes<br />
updated information on the RFA mitigation and restoration measures.<br />
DEP-5: The proponent is obligated to provide detailed plans of BVW replacement areas to the issuing authority,<br />
including groundwater elevation information conducted in accordance with the MassDEP March 2002,<br />
Massachusetts Inland Replication Guidelines, to demonstrate that the site could support the proposed Replacement<br />
Area designs.<br />
Response: MassDOT has submitted additional details to the Amesbury Conservation Commission<br />
on the proposed BVW mitigation area to supplement the Amesbury NOI filing. The wetland<br />
mitigation plan has been revised to incorporate the revisions. The revised wetland mitigation plan is<br />
described in section 1.4.5. Groundwater elevations will be monitored throughout 2012 and will be<br />
used to develop the final wetland mitigation construction plans by the design/build contractor.<br />
DEP-5A: It is MassDEP's experience that leaving the details of replacement area design to construction is not<br />
adequate to ensure a successful replacement area.<br />
Response: The design of the wetland mitigation area has been advanced. Details on the proposed<br />
mitigation site are included in section 1.4.5<br />
DEP-6: While Bartlett Spring Pond and its tributaries are not currently listed in the tables of the Surface Water Quality<br />
Standards (314 CMR 4.06 (5) as a Class A/Outstanding Resource Water (ORW), pursuant to 314 CMR 4.04(1),<br />
Antidegradation Provisions, its existing use as a public drinking water supply and the level of water quality necessary<br />
to protect the existing uses must be protected and maintained because protection of public water supply is an interest<br />
of the Wetlands Protection Act. Stormwater regulatory standard 6 (310 CMR 10.05(6)(k)(6) and 314 CMR<br />
9.06(6)(a)(6) prohibiting stormwater discharges to Zone A must also be met. Further, no stormwater BMPs are<br />
allowed within the Zone A unless essential to operation of a public water supply.<br />
Response: The existing western edge of the I-<strong>95</strong> southbound roadway will remain in its current<br />
location and the project will not result in additional impervious surface within 400 feet of Bartlett<br />
Spring Pond. The widening of I-<strong>95</strong> southbound in this area will be within the existing highway<br />
median. The proposed stormwater management system in Newburyport, like the existing stormwater<br />
collection system, will be a closed system ultimately discharging to the Merrimack River outside the<br />
Zone A of Bartlett Springs Pond. No portion of the drainage system or any stormwater BMPs will be<br />
located within the Zone A.<br />
DEP-6A: The FEIR should demonstrate that the road complies with 310 CMR 22.20B and C provisions, and with the<br />
applicable stormwater regulatory standards specified at 310 CMR 10.05(6)(k)(I-10) and 314 CMR 9.06(6)(a)(1-10).<br />
Even if the proposed road is to be constructed from gravel, the following regulations apply: 310 CMR 10.05(6)(k)(1),<br />
(2), (4 - source control provision),(6), (8), (9), and (10).<br />
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