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

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Patel, Purvi ~ ...... _<br />

From:<br />

Sent:<br />

To:<br />

Subject:<br />

Gary Peters [gpoptical@hotmail.com]<br />

Thursday, December 22, 2011 4:26 PM<br />

Patel, Purvi (EEA)<br />

#14427 <strong>Whittier</strong> <strong>Bridge</strong>/l-<strong>95</strong> Improvement Project Comments to DEIR<br />

Hello Purvi,<br />

It was nice speaking with today. Here are a few comments regarding the <strong>Whittier</strong> <strong>Bridge</strong> Replacement Program.<br />

The EA/DEIR identifies two fish species that enjoy special status, the short nose sturgeon and the Atlantic Sturgeon. Also,<br />

anadromous fish migrate up the river to spawn. Blueback Herring have shown a steady decline. When they were counted<br />

at the Essex Dam, they found 51 in1996, 24,576 in 2000 and 517 in 2010. This species is being proposed as endangered.<br />

Shad and Rainbow Smelt spawn in the Merrimack and are sensitive to silting, noise and vibration.<br />

I would ask you to require the recommended TOY restrictions be utilized, as detailed by species in the Mass Division of<br />

Fisheries Technical <strong>Report</strong> TR-47. This document does a good job of showing the appropriate environmental Windows.<br />

There are fish restoration programs underway and we want to eliminate ANY potential threats to them and the TOY<br />

restrictions will help.<br />

Noise from construction needs to be addressed early in your process. This is a joint filing (MEPA/NEPA) and the two have<br />

distinctly different methods of dealing with this issue.<br />

MassDEP relies on L90 numbers, while the Federal- Agencies rely on Leq numbers. This will lead to very confusing<br />

comparisons. DEP uses a 10 db L90 maximum over baseline to establish enforcement actions. MassDOT claims they are,<br />

not subject to this or any oversight and will control noise through a noise policy through the contractors.<br />

My feeling is that this approach does not work and puts an unfair burden and potential health hazards on the sensitive<br />

receptors adjacent to the project. -<br />

MEPA can and should use hard upper limit numbers to protect the Public Health of the affected neighbors in the<br />

FEIR. MEPA should also clarify any juristictional disputes regarding enforcement on nuisance noise between DEP,FHWA,<br />

and MassDOT. When all is said and done a clear concise enforcement policy regarding nuisance nose should be in the<br />

FEIR.<br />

Did you receive any DRAFT DOCUMENTS to support the positions of MassDOT regarding this bridge replacement as it<br />

relates to environmental impacts If, so may I get copies on disk.<br />

Regards,<br />

Gary Peters BS, RS, REHS<br />

34 Bluff Road<br />

Weymouth, MA 02191<br />

1

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