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

Wildlife Habitat
MassDOT has indicated that only one stream crossing will be modified during project
constmction. Roadway design at all other stream crossings will expand into the median strip at
locations where the stream is already culverted through the entire cross-section ofthe roadway,
and therefore, will not modify existing culverts. Only the cross-section between Wetland F and
Wetland I, will be modified, and this location appears to be an equalizer pipe between wetlands,
rather than a stream permitting fish and wildlife passage. Therefore, it appears that stream
crossing standards will not apply to the project.
The DEIR indicated that additional wildlife c01l'idors will be created under the Whittier Bridge
and potentially through the expansion ofunder-roadway culverts, but there would be minor
permanent impacts as a result ofexpansions into the existing right ofway. The DEIR also noted
a potential concern for the temporary disruption ofeagle roosting habitat during the construction
period. Subsequent to the filing ofthe DEIR and as a result ofconsultation with NHESP,
MassDOT has obtained information that, except as provided below, no construction related
mitigation is required. MassDEP recommends that the FEIR clarify the impacts, beneficial and
adverse, to wildlife habitats under NHESP and MassDEP jurisdiction and confirm that mitigation
is not recommended.
Fish Run
Cofferdams are proposed to be installed and subaqueous material in the amount of7,670 cubic
yards is proposed to be dredged in a fish run in Mell'imack River located in City ofNewburyport
and Town ofAmesbury in association with the construction ofthe bridge. The DEIR indicates
Shortnose sturgeon and Atlantic sturgeon utilize the fish run as well as other fish species. 310
CMR 10.35 provides that no project shall have an adverse effect on fish runs and or on specified
habitat sites ofrare vertebrates or invertebrate species. Both sturgeon are listed as endangered by
the Commonwealth's NHESP. Consultation between MassDOT and the National Marine
Fisheries Service resulted in NMFS opinion that construction in the Mell'imack River will not
adversely affect any listed species. In a letter dated December 9, 2011, the
Massachusetts Division ofMarine Fisheries (MDMF) indicated that it had reviewed the project
plans with respect to impacts to marine fisheries and concluded that MassDOT's proposal to only
install a single cofferdam at any given time would limit the area ofimpact to less than 5% ofthe
river width which would allow for safe passage offish during construction. It futiher concluded
that a time ofyear restriction was not necessary ifsimultaneous installations ofmultiple
cofferdams were avoided. MassDEP recommends that MDMF's recommendations be
incorporated into the applicable Orders ofConditions as well as a mitigation measure required by
MEPA.
The last recorded major floods in the Merrimack River occurred in Apri12007 and April 2010,
so flooding during the 42-month in-water work period is a likely possibility that needs to be
anticipated and planned for in advance ofproposed work. As part ofits ongoing technical
assistance meetings, MassDEP will discuss with MassDOT whether there are contingency
measures that could be implemented to reduce impacts to resource areas as a result offlooding
during the construction period. Ifreasonable measures are available, MassDEP would
recommend that MassDOT propose them in the FEIR. A protocol for daily dewatering
discharges to the Merrimack River from the coffer dams also needs to be developed in advance,
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