Final Environmental Impact Report - Whittier Bridge/I-95 ...
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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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MassWi/d/ile December 20, 2011 Commonwealth ofMassachusetts Diwilion of filhewiel & Wildlife EMAJLEb P"Ec,. 22. 2Di~ Wayne F. MacCallum, Director Timothy Dexter Massachusetts Highway Department 10 Park Plaza Boston, MA 02116 Town of Amesbury Conservation Commission 5 School Street Amesbury, MA 01913 Newburyport Conservation Commission City Hall 60 Pleasant Street Newburyport MA 01950 RE: Applicant Project Location: Project Description: DEP Wetlands File No.: NHESP Tracking No. Timothy Dexter, Massachusetts Highway Department Whittier Bridge/I-95 Improvement Project, Amesbury Whittier Bridge/I-95 Improvement Project Unassigned 08-25969 Dear Commissioners: The applicant listed above has submitted a Notice of Intent (NO!) with project plans (dated December 2011) to the Natural Heritage & Endangered Species Program (NHESP) for compliance with the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.58(4)(b) and 10.59). The NHESP has also received supporting documentation for review pursuant to the MA Endangered Species Act (MESA) (MGL c131A) and its implementing regulations (321 CMR 10.00). The materials included with the NOI describe the Whittier Bridge/I-95 Improvement Project. Based upon a review of the information that was provided and the information contained in our database, the NHESP has determined that the northernmost portion of this project occurs within the mapped habitat of the following species:. Scientific name Acipenser brevirostrum Haliaeetus leucocephalus Acipenser oxyrinchus . Common Name Shortnose Sturgeon* Bald Eagle Atlantic Sturgeon Taxonomic Group Fish Bird Fish State Status Endangered* Endangered Endangered www.masswildlife.org Division ofFisheries and Wildlife Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792-7270 Fax (508) 792-7275 An Agency ofthe Department ofFisheries. Wildlift & Environmental Law Enforcement

NHESP file No. 08-25969, December 2011, Page 2 0[2 These species are protected under the MESA. *The Shortnose Sturgeon is also federally-protected as an "Endangered" species pursuant to the United States Endangered Species Act (ESAi 50 CFR 17.11) administered by the United States Fish & Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). The Atlantic Sturgeon, Shortnose Sturgeon and the Bald Eagle are primarily associated with the Merrimack River. WETLANDS PROTECTION ACT (WPA) The NHESP finds that this project, as currently proposed, will not cause adverse effects to the habitat of state-listed rare wildlife (310 CMR 10.58(4)(b) and 10.59). MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) The NHESP notes that the project may require coordination with NMFS and compliance with their conditions to avoid impacting the Shortnose Sturgeon. If NMFS has indicated that it will not require additional conditions for Shortnose Sturgeon, or elected not to comment, this project will not constitute a "take" of these species (321 CMR 10.18(2)(a». If NMFS has required conditions for the Shortnose Sturgeon, then, all required conditions must be adhered to in order to avoid a "take" of these species (321 CMR 10.18(2)(a». If project plans change, the applicant must contact the NHESP prior to any work for further guidance. The NHESP notes that any activity not included in the current filing (e.g., expansion of the scope of the project, change in work-plan or timing, installation of additional structures, soil or vegetation disturbance outside lawfully developed and maintained lawn or landscaped areas) and located within Priority Habitat may require an additional filing with the NHESP for review if not otherwise exempt. If no physical work is commenced on the above proposed project within five-years from the date of issuance of this letter or there is a material change in the plans that were submitted to the NHESP, updated information and/or plans must be sent to the NHESP for review prior to any work. Please do not hesitate to contact David J. Paulson, Endangered Species Review Biologist, at (508) 389-6366 (david.paulson@state.ma.us) with any questions or comments you may have. Sincerely, 7L-uld Thomas W. French, Ph.D. Assistant Director cc: Sarah Allen, Normandeau Associates DEP - Northeastern Regional Office

MassWi/d/ile<br />

December 20, 2011<br />

Commonwealth ofMassachusetts<br />

Diwilion of<br />

filhewiel & Wildlife<br />

EMAJLEb<br />

P"Ec,. 22. 2Di~<br />

Wayne F. MacCallum, Director<br />

Timothy Dexter<br />

Massachusetts Highway Department<br />

10 Park Plaza<br />

Boston, MA 02116<br />

Town of Amesbury Conservation Commission<br />

5 School Street<br />

Amesbury, MA 01913<br />

Newburyport Conservation Commission<br />

City Hall<br />

60 Pleasant Street<br />

Newburyport MA 01<strong>95</strong>0<br />

RE:<br />

Applicant<br />

Project Location:<br />

Project Description:<br />

DEP Wetlands File No.:<br />

NHESP Tracking No.<br />

Timothy Dexter, Massachusetts Highway Department<br />

<strong>Whittier</strong> <strong>Bridge</strong>/I-<strong>95</strong> Improvement Project, Amesbury<br />

<strong>Whittier</strong> <strong>Bridge</strong>/I-<strong>95</strong> Improvement Project<br />

Unassigned<br />

08-25969<br />

Dear Commissioners:<br />

The applicant listed above has submitted a Notice of Intent (NO!) with project plans (dated December<br />

2011) to the Natural Heritage & Endangered Species Program (NHESP) for compliance with the<br />

Massachusetts Wetlands Protection Act Regulations (310 CMR 10.58(4)(b) and 10.59). The NHESP has<br />

also received supporting documentation for review pursuant to the MA Endangered Species Act<br />

(MESA) (MGL c131A) and its implementing regulations (321 CMR 10.00).<br />

The materials included with the NOI describe the <strong>Whittier</strong> <strong>Bridge</strong>/I-<strong>95</strong> Improvement Project. Based<br />

upon a review of the information that was provided and the information contained in our database, the<br />

NHESP has determined that the northernmost portion of this project occurs within the mapped habitat<br />

of the following species:.<br />

Scientific name<br />

Acipenser brevirostrum<br />

Haliaeetus leucocephalus<br />

Acipenser oxyrinchus<br />

.<br />

Common Name<br />

Shortnose Sturgeon*<br />

Bald Eagle<br />

Atlantic Sturgeon<br />

Taxonomic Group<br />

Fish<br />

Bird<br />

Fish<br />

State Status<br />

Endangered*<br />

Endangered<br />

Endangered<br />

www.masswildlife.org<br />

Division ofFisheries and Wildlife<br />

Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792-7270 Fax (508) 792-7275<br />

An Agency ofthe Department ofFisheries. Wildlift & <strong>Environmental</strong> Law Enforcement

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