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

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

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27.01.2015 Views

Whittier Bridge/I-95 Improvement Project FEIR Chapter 1.0: Changes Since the Draft Environmental Impact Report and Resolution of Additional Issues Sedimentation and erosion control plans will be developed and implemented by the contractor and monitored by the MassDOT Resident Engineer and the environmental monitor. Compost filter tubes will be installed at the bases of both the temporary fencing and chain link fence at the edge of the work zone adjacent to wetland resource areas. The locations of the compost filter tubes are also indicated on the NOI plans. MassDOT anticipates the design/build contractor to utilize upland areas within the state highway layout for staging or lay down areas. If the contractor chooses to create staging areas outside of the state highway layout, the contractor must delineate all wetland resource areas adjacent to such staging areas, and must isolate said wetland resource areas from staging areas with orange snow fence, compost filter tubes and limit of work signage. The contract documents will include language that there will not be any wetland impacts beyond those permitted within the applicable environmental permits; such applies to the entire project area, including any staging areas the contractor may choose. 1.4.4 Riverfront Area Mitgation and Restoration The DEIR Certificate requested that MassDOT ―…identify how Riverfront Area (RFA) mitigation or restoration will comply with the Wetlands Protection Act.‖ The EA/DEIR described the RFA impacts in Newburyport and Amesbury adjacent to the Merrimack River resulting from the construction of the new Merrimack River bridges. In Newburyport and Amesbury, there will be alteration to undisturbed RFA, existing degraded RFA, and previously developed RFA. Alterations to RFA include impacts due to construction of the I-95 northbound and southbound bridge abutments, grading, temporary construction access, the construction of a utility access path in Newburyport, and new pavement. The project will result in an overall improvement to the RFA by demolishing the existing abutments, building the new abutments approximately 50 feet behind the existing abutments, removing existing riprap, and restoring the approximate 80-foot slope with slope protection covered by soil, seed and plantings to create a natural riverfront corridor which connects water supply land on either side of I-95. Performance standards for RFA are included in the Wetlands Regulations at 310 CMR 10.58(4) and (5). Compliance with the RFA performance standards in Newburyport and Amesbury is described below. In Newburyport, the total amount of 200-foot RFA on the project site (MassDOT State Highway Layout and Newburyport Water Department parcels) is 356,000 square feet. Alterations to undisturbed RFA due to grading, construction access, and a proposed gravel access path will be 4,770 square feet (temporary) and 1,060 square feet (permanent), and cumulatively are below 10 percent of the RFA on the lot (310 CMR 10.58(4)(d)(1)). Alteration to existing degraded RFA will be 22,925 square feet due to reconstruction of existing pavement, retaining walls, and bridge abutments, and does not require mitigation (310 CMR 10.58(5)). Temporary alteration to previously developed RFA (engineered side slopes; previously graded areas) due to grading and construction access for the construction of new bridge abutments, wingwalls and pavement will be 15,590 square feet and mitigated at a 1:1 ratio on-site and ―in kind.‖ Permanent alteration to previously developed RFA due to construction of new bridge abutments, wingwalls and pavement totals 13,614 square feet, and will require mitigation for those impacts that alter over 10 percent of the RFA on the site (310 CMR 10.58(5)(e)). 1-14

Whittier Bridge/I-95 Improvement Project FEIR Chapter 1.0: Changes Since the Draft Environmental Impact Report and Resolution of Additional Issues In Amesbury, the total amount of 200-foot RFA on the project site is 64,000 square feet. Alteration to undisturbed RFA due to the proposed bridge abutment, retaining walls, and pavement will be 5,480 square feet (permanent), and cumulatively is below 10 percent of the RFA on the lot (310 CMR 10.58(4)(d)(1). Alteration to existing degraded RFA will be 16,460 square feet due to reconstruction of existing pavement, retaining walls, and bridge abutments, and does not require mitigation (310 CMR 10.58(5). Temporary alteration to previously developed RFA (engineered side slopes; previously graded areas) due to grading and construction access for the construction of new bridge abutments, wingwalls and pavement will be 11,650 square feet and mitigated at a 1:1 ratio on-site and ―in kind.‖ Permanent alteration to previously developed RFA due to construction of new bridge abutments, wingwalls and pavement totals 6,000 square feet (permanent), and will require mitigation for those impacts that alter over 10 percent of the RFA on the site (310 CMR 10.58(5)(e)). The following performance standards, listed under 310 CMR 10.58(4) and (5) apply to Riverfront Area: (4) General Performance Standard. Where the presumption set forth in 310 CMR 10.58(3) is not overcome, the applicant shall prove by a preponderance of the evidence that there are no practicable and substantially equivalent economic alternatives to the proposed project with less adverse effects on the interests identified in M.G.L. c.131 § 40 and that the work, including proposed mitigation, will have no significant adverse impact on the riverfront area to protect the interests identified in M.G.L. c. 131 § 40. In the event that the presumption is partially overcome, the issuing authority shall make a written determination setting forth its grounds in the Order of Conditions and the partial rebuttal shall be taken into account in the application of 310 CMR 10.58 (4)(d)1.a. and c.; the issuing authority shall impose conditions in the Order that contribute to the protection of interests for which the riverfront area is significant. (a) Protection of Other Resource Areas. The work shall meet the performance standards for all other resource areas within the riverfront area, as identified in 310 CMR 10.30 (coastal bank), 10.32 (salt marsh), 10.55 (Bordering Vegetated Wetland), and 10.57 (Land Subject to Flooding). The project will meet the performance standards for all other resource areas within the RFA. The other resource areas included within the RFA are: Land Subject to Coastal Storm Flowage; Bordering Vegetated Wetland; Salt Marsh; and Coastal Beach and Coastal Bank. (b) Protection of Rare Species. No project may be permitted within the riverfront area which will have any adverse effect on specified habitat sites of rare wetland or upland, vertebrate or invertebrate species, as identified by the procedures established under 310 CMR 10.59 or 10.37, or which will have any adverse effect on vernal pool habitat certified prior to the filing of the Notice of Intent. The project will not permanently adversely affect rare species habitat, and temporary impacts to rare species will be minimized. No vernal pool habitat is located within the project area. (c) Practicable and Substantially Equivalent Economic Alternatives. There must be no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on the interests identified in M.G.L. c. 131 § 40. 1-15

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

Chapter 1.0: Changes Since the Draft <strong>Environmental</strong> <strong>Impact</strong> <strong>Report</strong> and Resolution of Additional Issues<br />

In Amesbury, the total amount of 200-foot RFA on the project site is 64,000 square feet. Alteration to<br />

undisturbed RFA due to the proposed bridge abutment, retaining walls, and pavement will be 5,480<br />

square feet (permanent), and cumulatively is below 10 percent of the RFA on the lot (310 CMR<br />

10.58(4)(d)(1). Alteration to existing degraded RFA will be 16,460 square feet due to reconstruction<br />

of existing pavement, retaining walls, and bridge abutments, and does not require mitigation (310<br />

CMR 10.58(5). Temporary alteration to previously developed RFA (engineered side slopes;<br />

previously graded areas) due to grading and construction access for the construction of new bridge<br />

abutments, wingwalls and pavement will be 11,650 square feet and mitigated at a 1:1 ratio on-site<br />

and ―in kind.‖ Permanent alteration to previously developed RFA due to construction of new bridge<br />

abutments, wingwalls and pavement totals 6,000 square feet (permanent), and will require mitigation<br />

for those impacts that alter over 10 percent of the RFA on the site (310 CMR 10.58(5)(e)).<br />

The following performance standards, listed under 310 CMR 10.58(4) and (5) apply to Riverfront<br />

Area:<br />

(4) General Performance Standard. Where the presumption set forth in 310 CMR 10.58(3) is not<br />

overcome, the applicant shall prove by a preponderance of the evidence that there are no<br />

practicable and substantially equivalent economic alternatives to the proposed project with less<br />

adverse effects on the interests identified in M.G.L. c.131 § 40 and that the work, including proposed<br />

mitigation, will have no significant adverse impact on the riverfront area to protect the interests<br />

identified in M.G.L. c. 131 § 40. In the event that the presumption is partially overcome, the issuing<br />

authority shall make a written determination setting forth its grounds in the Order of Conditions and<br />

the partial rebuttal shall be taken into account in the application of 310 CMR 10.58 (4)(d)1.a. and c.;<br />

the issuing authority shall impose conditions in the Order that contribute to the protection of interests<br />

for which the riverfront area is significant.<br />

(a) Protection of Other Resource Areas. The work shall meet the performance standards for<br />

all other resource areas within the riverfront area, as identified in 310 CMR 10.30 (coastal<br />

bank), 10.32 (salt marsh), 10.55 (Bordering Vegetated Wetland), and 10.57 (Land Subject to<br />

Flooding).<br />

The project will meet the performance standards for all other resource areas within the RFA. The<br />

other resource areas included within the RFA are: Land Subject to Coastal Storm Flowage;<br />

Bordering Vegetated Wetland; Salt Marsh; and Coastal Beach and Coastal Bank.<br />

(b) Protection of Rare Species. No project may be permitted within the riverfront area which<br />

will have any adverse effect on specified habitat sites of rare wetland or upland, vertebrate or<br />

invertebrate species, as identified by the procedures established under 310 CMR 10.59 or<br />

10.37, or which will have any adverse effect on vernal pool habitat certified prior to the filing<br />

of the Notice of Intent.<br />

The project will not permanently adversely affect rare species habitat, and temporary impacts to rare<br />

species will be minimized. No vernal pool habitat is located within the project area.<br />

(c) Practicable and Substantially Equivalent Economic Alternatives. There must be no<br />

practicable and substantially equivalent economic alternative to the proposed project with<br />

less adverse effects on the interests identified in M.G.L. c. 131 § 40.<br />

1-15

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