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

EEA#I4427 DEIR Certificate December 30, 2011
the pond and its tributaries have Zone A protection (400 feet around the pond and 200 feet
around the tributaries). Although the pond and its tributaries are not listed as Class NORWs, its
existing use as a PWS warrants its protection and maintenance pursuant to the WPA. Stormwater
discharges and BMPS must comply with applicable regulations. The FEIR should confirm the
project's compliance with 310 CMR 10.00 and 314 CMR 9.00 as it relates to protection of
Bartlett Spring Pond. Specifically, as recommended by MassDEP, the FEIR should demonstrate
that the proposed pervious 12-foot-wide road proposed for construction in the 200-foot
Riverfront Area to the Merrimack River (within the Zone A) complies with 310 CMR 22.20B
and C, and with applicable stormwater regulatory standards specified at 310 CMR 1O.05(6)(k)(l­
10) and 314 CMR 9.06(6)(a)(l-1O). MassDOT intends to use the road for inspection and
maintenance of the City of Newburyport's drinking water supply lines from the Bartlett Spring
Treatment Plant.
I have received a number of comments requesting that MassDOT provide mitigation from
noise impacts to residential receptors. The FEIR should respond to these comments from
receptors who will impacted by future noise conditions.
Visual/Aesthetics
The FEIR should evaluate the feasibility of increasing the height and extending the
length of the existing articulated barrier adjacent to the Laurel Road neighborhood. I have
received a number of comments requesting that MassDOT provide additional mitigation for
visual impacts to residential neighborhoods. The FEIR should continue to evaluate measures to
mitigate adverse impacts to visual resources.
Mitigation
The FEIR should include a separate chapter that identifies all mitigation measures. This
chapter should also include revised and updated draft Section 61 Findings for each State Agency
that will issue permits for the project. The draft Section 61 Findings should contain clear
commitments to implement mitigation measures, estimate the individual costs of each proposed
measure, identify the parties responsible for implementation, and include a schedule for
implementation. MassDOT's Section 61 Finding should cover the remaining mitigation
measures not covered in other Section 61 Findings. I suggest that MassDOT supply this
information in a tabular format.
Responses to Comments
The FEIR should contain a copy of this Certificate and a copy of each comment letter
received on the DEIR. In order to ensure that the issues raised by commenters are addressed, the
FEIR should include responses to comments received to the extent they are within MEPA
jurisdiction. This directive is not intended to and shall not be construed to enlarge the scope of
the FEIR beyond what has been expressly identified in this Certificate. I recommend that
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