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

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