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

not acceptable to meet regulatory requirements. The OIM Plan must be provided to the 3
conservation commissions. The Long Term OIM Plan must meet 6 specific requirements
specified in MassDEP Stormwater Handbook in Volume I, Chapter I, including an on-going
maintenance log to be made available to MassDEP and conservation commissions and making
provision inspections by MassDEP and conservation commissions upon request. .
Standard 10 - Illicit Discharges to Storm Drainage System (310 CJ',IR 1O.05(6)(k)(1O) and 314
CMR 9. 06(6)(a)(1 0)): MassDOT committed to a construction phase evaluation ofillicit
discharges during one ofthe meetings with MassDEP. There appears to be potential for illicit
discharge to MassDOT land in Salisbury, from the septic system ofindustrial building located
east ofI-95 North Bound that drains through swale to Wetland I. This needs to be addressed as
well as any other potential illicit discharges through pelmitting process with the commissions.
401 Water Quality Certification
MassDOT submitted Water Quality Certification applications for dredging (ERP WW 07) ofthe
Merrimack River and filling (BRP WW 10). Because the project is a design-build, most ofthe
issues related to 314 CMR 9.00 will be addressed as "contractor submittal subject to review and
approval ofthe Department" during the permitting process. Adherence to MDMF requirements
in lieu ofTOY restrictions is imperative to avoid dredging impacts to fisheries.
Watenvays
Water Dependency
Pursuant to the Waterways Regulations at 310 CMR 9.l2(2)(d), when an EIR is submitted,
MassDEP shall find an infrastructure crossing facility to be water-dependent only ifthe
Secretary has made that determination. MassDEP recommends that the project be classified as a
"water-dependent" use project, based on its review ofthe project alternatives and due to the fact
that the structure cannot be reasonably relocated or operated away from tidal waters ofthe
. Merrimack River.
Navigation
The project will span two navigation channels, the Main, or Federal, Navigation Channel and the
Steamboat Channel. As described on p 1-13, and as further corroborated by the review ofthe
plans and sections provided therein, the proposed project will neither diminish the existing
navigational clearances nor the widths ofthose channels. Staging ofwork, demolition ofthe
existing structure, and construction ofthe new infrastructure crossing may close one channel for
limited time periods, during which MassDOT must notify in a timely manner the United States
Coast Guard for publication in the Notice to Mariners, as well as any recreational and
commercial boating facilities in the project area, harbormasters ofaffected mnnicipalities. As
may be necessary, MassDOT shall also provide channel closure notification to local newspapers
and radio stations broadcasting in the project area.
In reviewing the temporary and permanent c.91-related impacts ofthis project, MassDEP's
comments were informed by MassDOT's chapter 91 license application, which contained a more
detailed analysis ofthe work scheduling, construction staging, and navigational impacts ofthe
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