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

Whittier Bridge/I-95 Improvement Project FEIR
Chapter 3.0: Mitigation and Commitments
3.17.5 Massachusetts Endangered Species Act – Massachusetts Natural Heritage &
Endangered Species Program
The only terrestrial species with special status known to be present in the project area is the bald
eagle, which is listed as endangered by the Massachusetts NHESP. Although the bald eagle was
recently delisted by the U.S. Fish and Wildlife Service (USFWS), it does remain protected under the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Based on its state and
federal status, a consultation regarding potential impacts and impact avoidance measures will be
required with NHESP, but not with USFWS. No impacts to threatened and endangered species are
anticipated, except for temporary noise impacts related to constructing the bridge.
There are two fish species with special status known to use the project area including the shortnose
sturgeon (Acipenser brevirostrum) and the Atlantic sturgeon (Acipenser oxyrhynchus. There may be
some temporary impacts related to construction noise and activity, which will be minimized with
appropriate permit conditions developed in concert with the USFWS, NMFS, and DMF. Based on the
listing status of the two sturgeon species, an informal Section 7 consultation regarding potential
impacts and impact avoidance measures with NMFS under the federal Endangered Species Act has
been completed. In a letter dated June 8, 2011, NMFS stated: ―Based on the analysis that any
effects to shortnose sturgeon from the proposed action will be insignificant or discountable, NMFS is
able to concur with the determination that the proposed reconstruction of the Whittier Bridge in
Amesbury, Massachusetts is not likely to adversely affect any listed species under NMFS
jurisdiction. Therefore, no further consultation pursuant to Section 7 of the ESA is required.‖ NMFS
also concluded, with regards to the Atlantic sturgeon, that: ―… all effects of the proposed action are
likely to be insignificant and discountable and the proposed action is not likely to result in the injury
or mortality of any Atlantic sturgeon, the action is not likely to appreciably reduce the survival and
recovery of any DPS [distinct population segment] of Atlantic sturgeon and therefore it is not
reasonable to anticipate that this action would be likely to jeopardize the continued existence of any
DPS of Atlantic sturgeon. As such, no conference is necessary for Atlantic sturgeon.‖
The FHWA authorized MassDOT to consult directly with the NMFS as its non-federal representative
in a letter dated September 8, 2009.
MassDOT has also completed coordination with the Massachusetts Department of Marine Fisheries
(DMF) under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act
and the Fish and Wildlife Coordination Act regarding potential impacts to Essential Fish Habitat
(EFH), and EFH and non-EFH species in the Merrimack River. NMFS indicated the following in a
letter dated November 29, 2011: ―We recommend pursuant to Section 305(b)(4)(A) of the MSA that
you adopt the following EFH conservation recommendations: 1) All in-water work should take place
within cofferdams as shown on the project plans. The installation of the cofferdams should only be
conducted one at a time, to minimize noise and/or turbidity impacts. 2) From April 1 through June 30
of any year, at least one of the channels should remain unobstructed at all times to minimize impacts
to Atlantic salmon migration. 3) From April 1 through June 30 of any year, an observer should be
present on-site at the time of the installation of the cofferdams. If Atlantic salmon or other
anadromous species are observed in the work area, the in-water work should be delayed until they
have passed through. Prior to cofferdam installation, MassDOT should submit an observer plan to us
for approval.‖ As noted in the correspondence from the MA DMF dated December 9, 2011
(subsequent to the publishing of the EA/DEIR): ―If the project avoids simultaneous installation of
multiple cofferdams, Marine Fisheries does not recommend any time of year restrictions on the
construction process.‖
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