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

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

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EEA#14427 DEIR Certificate December 30, 2011 The Preferred Alternative will require construction in the river occurring within cofferdams, which control sediment disturbance and minimize suspended sediment transport. Limited pile driving is required and will be performed within cofferdams, thereby minimizing adverse acoustic effects. The Preferred Alternative would result in a permanent loss of 3,050 square feet of Essential Fish Habitat (EFH) in the Merrimack River. The new river crossing would not impede fish passage or adversely affect fish, including the Shortnose and Atlantic sturgeon. In-water construction sequencing combined with the use of temporary cofferdams to facilitate construction ofnew piers or the removal of existing piers will further minimize disturbance. A qualified observer will be present during cofferdam construction to further ensure that there will be no adverse effects to sturgeon. MassDOT is coordinating with NMFS and DMF under the provisions of the Magnuson­ Stevens Fishery Conservation and Management Act and the Fish and Wildlife Coordination Act regarding potential impacts to EFH, and EFH and non-EFH species in the Merrimack River. The DEIR includes an updated EFH Assessment, which includes consideration of EFH species and non-EFH species and is under review by NMFS and DMF. According to the comments from DMF, a time-of-year (TOY) restriction may not be necessary to protect diadrodomous fish species within the Merrimack River if cofferdam installation can be staged to allow only one cofferdam at any time, thereby limiting impacts to five percent of the river width. If this condition cannot be met, DMF recommends a TOY restriction from March 1 to November 1 of each year. I note the strong support for the phased installation ofcofferdams limiting impacts to less than five percent by the U.S. EPA, CZM, MassDEP, and DMF in order to minimize potential impacts to fisheries resources. Wildlife The DEIR identifies habitat improvement activities including the restoration of salt marsh located at the stormwater outfall on the Newburyport shore of the Merrimack River. The DEIR claims that there are limited opportunities for habitat improvement with culvert enlargement, however in areas where 1-95 would be relocated to the east, larger culverts would enable passage for small- to medium-sized animals. The majority of existing culverts along 1-95 will be retained and extended rather than replaced because culvert replacements under 1-95 would increase impacts to traffic and require additional construction. The Preferred Alternative w~)Uld widen the existing wildlife passage under the Whittier Bridge by relocating bridge abutments 50 feet farther back from the Merrimack River shoreline. MassDOT will investigate feasible methods to enhance wildlife habitat along the Merrimack River corridor, including installation ofbird nesting boxes, plantings with native species with food value for wildlife, and other methods that will not interfere with future maintenance of the new Merrimack River bridges. Proposed stormwater BMPs will be maintained by MassDOT to ensure proper functioning and to remove accumulated sediments as required. The sediment removal operations will ensure that invasive species will not become established long-term within the stormwater BMPs. A detailed landscaping plan, which will include native species, will be developed during final project design. 12

EEA#I4427 DEIR Certificate December 30,2011 Water Supply In response to the Scope, MassDOT consulted with MassDEP on the status ofthe Zone A for Bartlett Spring Pond in Newburyport. According to the DEIR, MassDEP responded in writing that there is currently no 400-foot Zone A associated with Bartlett Spring Pond because it is not so listed in 314 CMR 4.00, and it was not approved by MassDEP after December 29, 2006 in accordance with 314 CMR 4.06(3). However, MassDEP notes that the use of Bartlett Spring Pond as a public water supply (PWS) must be protected and maintained and that conditions that are reasonable to protect the pond as a drinking water source may be included in any permit approvals (e.g., strict compliance with stormwater standards.) MassDEP also notes that the pond may be listed as a PWS/Outstanding Resource Water (ORW) in the next revisions to 314 CMR 4.00 and that the current status may change. Ifit is listed as a Class AlORW, the provisions applicable to waters designated as PWSs and ORWs in 314 CMR 4.00, such as no discharge of dredged or fill material into wetlands or waters within 400-feet of the high water mark ofBartlett Spring Pond per 314 CMR 4.06(l)(d)(l) without a variance under 314 CMR 9.00, would be applicable. Additionally, provisions in other regulations pertaining to ORWs and/or waters designated as PWSs may also apply. The Preferred Alternative does not change the location of the existing western edge of the 1-95 roadway and it will not create new impervious surfaces within 400 feet ofBartlett Spring Pond. As previously noted in the alternatives analysis, the widening of1-95 southbound in this area will occur 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 drainage area ofBartlett Springs Pond. Hazardous Materials A review of environmental databases identified 33 Release Tracking Numbers (RTNs) within and proximate to the project area. Nine of these release sites are within the project boundaries. As required by the Scope, the DEIR discussed three contamination sites with REMOPS (Remedy Operation Status) status with respect to potential impacts and remediation within the project area. These RTNs include: 3-13812 in Amesbury (located within the project boundaries); 3-3360 in Newburyport (located outside the project boundaries); and 3-19369 in Salisbury (located outside the project boundaries). • RTN 3-13812: the potential exists for impacts to soil and groundwater within the project area, particularly if dewatering pumping is required during construction. • RTN 3-3360: based on the upgradient location of this site and the proximity to the project area, this release may impact groundwater in the project area. • RTN 3-19369: based on remedial actions conducted at the site, this release is not expected to affect the project area, unless significant dewatering pumping is required during construction. 13

EEA#14427 DEIR Certificate December 30, 2011<br />

The Preferred Alternative will require construction in the river occurring within<br />

cofferdams, which control sediment disturbance and minimize suspended sediment transport.<br />

Limited pile driving is required and will be performed within cofferdams, thereby minimizing<br />

adverse acoustic effects. The Preferred Alternative would result in a permanent loss of 3,050<br />

square feet of Essential Fish Habitat (EFH) in the Merrimack River. The new river crossing<br />

would not impede fish passage or adversely affect fish, including the Shortnose and Atlantic<br />

sturgeon. In-water construction sequencing combined with the use of temporary cofferdams to<br />

facilitate construction ofnew piers or the removal of existing piers will further minimize<br />

disturbance. A qualified observer will be present during cofferdam construction to further ensure<br />

that there will be no adverse effects to sturgeon.<br />

MassDOT is coordinating with NMFS and DMF under the provisions of the Magnuson­<br />

Stevens Fishery Conservation and Management Act and the Fish and Wildlife Coordination Act<br />

regarding potential impacts to EFH, and EFH and non-EFH species in the Merrimack River. The<br />

DEIR includes an updated EFH Assessment, which includes consideration of EFH species and<br />

non-EFH species and is under review by NMFS and DMF.<br />

According to the comments from DMF, a time-of-year (TOY) restriction may not be<br />

necessary to protect diadrodomous fish species within the Merrimack River if cofferdam<br />

installation can be staged to allow only one cofferdam at any time, thereby limiting impacts to<br />

five percent of the river width. If this condition cannot be met, DMF recommends a TOY<br />

restriction from March 1 to November 1 of each year. I note the strong support for the phased<br />

installation ofcofferdams limiting impacts to less than five percent by the U.S. EPA, CZM,<br />

MassDEP, and DMF in order to minimize potential impacts to fisheries resources.<br />

Wildlife<br />

The DEIR identifies habitat improvement activities including the restoration of salt<br />

marsh located at the stormwater outfall on the Newburyport shore of the Merrimack River. The<br />

DEIR claims that there are limited opportunities for habitat improvement with culvert<br />

enlargement, however in areas where 1-<strong>95</strong> would be relocated to the east, larger culverts would<br />

enable passage for small- to medium-sized animals. The majority of existing culverts along 1-<strong>95</strong><br />

will be retained and extended rather than replaced because culvert replacements under 1-<strong>95</strong><br />

would increase impacts to traffic and require additional construction. The Preferred Alternative<br />

w~)Uld widen the existing wildlife passage under the <strong>Whittier</strong> <strong>Bridge</strong> by relocating bridge<br />

abutments 50 feet farther back from the Merrimack River shoreline. MassDOT will investigate<br />

feasible methods to enhance wildlife habitat along the Merrimack River corridor, including<br />

installation ofbird nesting boxes, plantings with native species with food value for wildlife, and<br />

other methods that will not interfere with future maintenance of the new Merrimack River<br />

bridges. Proposed stormwater BMPs will be maintained by MassDOT to ensure proper<br />

functioning and to remove accumulated sediments as required. The sediment removal operations<br />

will ensure that invasive species will not become established long-term within the stormwater<br />

BMPs. A detailed landscaping plan, which will include native species, will be developed during<br />

final project design.<br />

12

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