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

construction is not adequate to ensure a successful replacement area. Monitoring must be
required by the issuing authority until the site meets the performance standards set forth in 310
CMR 10.55.
Bartlett Spring Pond Public Drinking Water Supply
The City ofNewburyport Bartlett Spring Pond is an active Public Water Supply approved by
MassDEP on January 1, 1990. The pond and all its tributaries have Zone A protection (400 feet
around the pond and 200 feet around the tributaries) pursuant to 310 CMR 22.20B and C. While
Bartlett Spring Pond and its tributaries are not cUiTently listed in the tables ofthe 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 ofwater quality necessary to protect the existing uses must be
protected and maintained because protection ofpublic water supply is an interest ofthe 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 ofa public water
supply.
A 12-foot wide road is proposed to be constmcted in the 200-foot Riverfront Area to the
Merrimack River within the Zone A. This road was not proposed in the ENF, so MassDEP did
not previously comment on it. MassDOT has subsequently explained that the road is intended
solely to serve for inspection and maintenance ofthe City ofNewburyport's drinking water
supply lines from the Bartlett Spring treatment plant. The road will be constructed ofpervious
material. 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
1O.05(6)(k)(I-10) and 314 CMR 9.06(6)(a)(1-10). Even ifthe proposed road is to be constructed
from gravel, the following regulations apply: 310 CMR 1O.05(6)(k)(1), (2), (4 - source control
provision),(6), (8), (9), and (10).
Classification ofWetland Resource Areas
Bordering Land Subject to Flooding (BLSF)
The Merrimack River reach that passes under the Whittier Bridge is designated by FEMA as a
Floodway. Floodways are designated on reaches subject to inland flood processes, not coastal
flooding. Any work in FEMA's Floodway and MassDEP BLSF must result in no increase in
vertical or horizontal extent offlooding up to and including the 100-year flood pursuant to 44
CFR Section 60.3(d)(3) and 310 CMR 10.57. Discussions between MassDEP and MassDOT
indicate that there will be a reduction in the cross-sectional area ofthe bridge abutments within
the floodway which will result in compliance with the standards for BLSF and FEMA
requirements. It is MassDEP's understanding that compliance with the FEMA requirements will
be reviewed by Federal agencies. MassDEP recommends that MassDOT use the FEIR to clarify
that the project related activities will be able meet this performance standard and FEMA
regulatory requirements.
Stream and Wetland Crossings
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