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

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

Chapter 3.0: Mitigation and Commitments<br />

3.18 MITIGATION AND COMMITMENT MONITORING PLAN<br />

<strong>Environmental</strong> commitments are established via the following documents: NEPA/MEPA documents<br />

(EA/EIR); Memorandum of Agreement (MOA) under Section 106 with the State Historic Preservation<br />

Officer and Advisory Council on Historic Preservation and the three towns as concurring parties;<br />

Section 7 consultation under the Endangered Species Act and Essential Fish Habitat consultation<br />

under the Magnuson-Stevens Act with NMFS and corresponding coordination with DMF; and<br />

permits from federal (USACE, USCG, USEPA), state (MDEP, MCZM) and local (Conservation<br />

Commissions) regulatory agencies. Effective implementation of environmental commitments<br />

requires established procedures for communicating and tracking these for compliance through the<br />

construction, operations, and maintenance phases. Commitments are tracked using a spreadsheet<br />

created and maintained by MassDOT, which contains a comprehensive record of the environmental<br />

commitments. The spreadsheet is organized by topic to enable key word searches to retrieve reports<br />

by subject area tied back to the specific source documents. It includes responsible party, status, and<br />

action date for each commitment.<br />

Key roles in tracking and reporting environmental compliance during the construction phase are<br />

played by the environmental monitor and the MassDOT Resident Engineer (RE) and the Manager of<br />

<strong>Environmental</strong> Compliance for Construction. The environmental monitor‘s qualifications must be<br />

submitted to the Manager of <strong>Environmental</strong> Compliance for Construction (ECM) for review and<br />

approval prior to the start of construction. The environmental monitor is responsible for directly<br />

overseeing compliance with environmental commitments and reporting information back to the RE<br />

and ECM. The environmental monitor reports directly to the RE as well as the ECM. This requires<br />

weekly contact with Resident Engineers and construction contractors. The environmental monitor is<br />

familiar with commitments from the NEPA/MEPA documents and permits. The environmental<br />

monitor meets frequently with the Resident Engineer throughout the construction phase. The<br />

Resident Engineer has direct authority to supervise the construction contractor and therefore any<br />

communication and site inspection reporting by the environmental monitor goes through the<br />

Resident Engineer. Therefore, a reporting protocol is established from the pre-construction phase<br />

documenting each inspection including protocols for violations such as spills or illegal discharges.<br />

In the event of an unanticipated field condition, the environmental monitor will assist in expediting<br />

corrective action based on best management practices spelled out in the commitments and contract<br />

documents. In such cases, the environmental monitor advises the action to the Resident Engineer.<br />

The Resident Engineer is responsible for informing the appropriate MassDOT staff and regulatory<br />

agencies. In certain cases, this scenario could lead to stop work orders issued by the Resident<br />

Engineer.<br />

Documentation of field inspection reports by the environmental monitor will be sent electronically to<br />

the RE and the ECM and incorporated into reports issued monthly, which serve to update the<br />

commitment tracking spreadsheet.<br />

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