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

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total amOl,mt ofresomce area impacts could exceed the amount allowed under the wetland<br />

regulation's performance standards. To avoid this possibility, MassDEP requested that the work<br />

yard/lay down locations be identified in the DEIR. Subsequent to the filing ofthe DEIR,<br />

MassDOT provided to MassDEP a summary ofthe contractual and field oversight measures it<br />

will institute to ensure that any areas outside ofthe plan approved work areas that the contractor<br />

proposes to utilize will be appropriately delineated and controlled to prevent impacts to wetland<br />

resomces areas.. Details ofthose measures should be provided in the FEIR. As MassDOT is<br />

pursuing issuance ofthe wetlands authorizations from conservation commissions prior to<br />

completion ofthe MEPA process, the Orders ofConditions issued by the three conservation<br />

commissions may need to incorporate these impact avoidance measures in the Order of<br />

Conditions.<br />

Riverfront Area<br />

The project will involve redevelopment within previously developed riverfront areas (310 CMR<br />

10.58(5». Specifically, the project will alter approximately 23,000 square feet in Amesbury and<br />

approximately 36,000 square feet in Newburyport ofundisturbed and previously developed<br />

(engineered side-slopes and previously graded areas) riverfront area along the Menimack River<br />

for which mitigation must be provided. The project will move existing abutments 50-feet back<br />

from the river, remove riprap and restore the median and an 80' slope with bioengineering<br />

teclmiques. This will result in an improvement over existing conditions (10.58(5)(a». Mitigation<br />

will also include in-situ restoration oftemporary impacts, and on-site restoration ofexisting<br />

degraded areas at a ratio ofapproximately 1: 1 in accordance with 10.58(5)(1). Additional<br />

degraded riverfront area will also be altered. MassDEP recommends MassDOT consult with<br />

local stakeholders including Merrimack River Watershed Council and Eight Towns and A Bay in<br />

devising appropriate mitigation or restoration for impacts to riverfront area as well as other<br />

wetland resource areas. However, all mitigation must meet the Wetland Protection Act<br />

performance standards for the specific resource area impacted. As part ofthe NO! review,<br />

MassDOT will need to specify the riverfront area mitigation or restoration to be provided on a<br />

square footage basis. Local conservation commissions will need to apply the restoration<br />

standard at 310 CMR 10.58(5)(1), and the stormwater management standards established at 310<br />

CMR I0.58(5)(b) as part ofits Riverfront Area findings.<br />

Bordering Vegetated Wetland Replacement Areas<br />

The proponent is obligated to provide detailed plans ofBVW replacement areas to the issuing<br />

authority, including groundwater elevation information conducted in accordance with the<br />

MassDEP March 2002, Massachusetts Inland Replication Guidelines, to demonstrate that the<br />

site could support the proposed Replacement Area designs. As described in MassDEP's<br />

guidelines, the hydrology at the replacement site is critical in controlling the plant community<br />

that develops, and many ofthe ecological functions ofthe site. Further, inadequate hydrology is<br />

often a result ofinadequate evaluation ofthe replacement site before construction, particularly<br />

when replication sites depending on ground water are not excavated deeply enough to provide<br />

water in adequate quantity and at appropriate seasons. Conversely, establishing wetland<br />

vegetation in a replacement area may be compromised and fail when the site is over-excavated<br />

resulting in excess standing water. Failure ofreplacement wetlands can also occur as a result of<br />

inadequate soils which are critical in providing substrate for plants and supporting wildlife<br />

habitat. It is MassDEP's experience that leaving the details ofreplacement area design to<br />

3

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