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

Whittier Bridge/I-95 Improvement Project FEIR
Chapter 1.0: Changes Since the Draft Environmental Impact Report and Resolution of Additional Issues
project‘s compliance with the Chapter 91 regulatory performance standards. MassDOT submitted
the Chapter 91 License application to MassDOT on November 15, 2011.
In accordance with the provisions of 310 CMR 9.12 (Determination of Water Dependency), the new
I-95 bridges over the Merrimack River are defined as an ―infrastructure crossing facility‖ at 310 CMR
9.02: ―any infrastructure facility which is a bridge, tunnel, pipeline, aqueduct, conduit, cable, or wire,
including associated piers, bulkheads, culverts, or other vertical support structures, which is located
over or under the water and which connects existing or new infrastructure facilities located on the
opposite banks of the waterway.‖ As the project includes the construction of new bridges on an
existing interstate highway, the project is expected to be determined to be a water-dependent use
project under section 9.12(2) of the Waterways Regulations. Section 9.12(2) states that MassDEP
―will determine a use to be water-dependent upon a finding that said use requires direct access to or
location in tidal or inland waters, and therefore cannot be located away from said waters.‖
As noted in the regulations at 310 CMR 9.12(2)(d), MassDEP may find that the bridges, as
infrastructure crossing facilities, are water-dependent only if the Secretary of Energy and
Environmental Affairs determines that the bridges cannot be located away from the Merrimack River
after a comprehensive review of alternatives or other information analyzing measures that can be
taken to avoid or minimize adverse impacts on the environment in accordance with MEPA.
Compliance with Performance Standards
The project is consistent with the Licensing Requirements set forth in 301 CMR 9.31 as follows:
310 CMR 9.31: Summary of License and Permit Requirements
No license or permit shall be issued by the Department for any project subject to 310 CMR 9.03
through 310 CMR 9.05 and 310 CMR 9.09 unless said project complies with the Basic Requirements
in 310 CMR 9.31(1)(a) through (i). The project is consistent with the basic requirements listed as
demonstrated in the following discussion.
310 CMR 9.31(2) Proper Public Purpose Requirement. DEP shall presume that this standard is met
for a water-dependent use project. MassDOT expects that the Secretary of Energy and
Environmental Affairs will determine the project to be water-dependent.
310 CMR 9.32: Categorical Restrictions on Fill and Structures
310 CMR 9.32(1) Categorical Restrictions on Fill and Structures (1)(a).
310 CMR 9.32(1)(a). Tidelands (inside Areas of Critical Environmental Concern and
Designated Port Areas (DPA)) and
310 CMR 9.32(1)(b). Tidelands within DPAs.
Not applicable - The project site is not located within an ACEC or DPA.
Pond.
310 CMR 9.32(1)(c). Great Ponds - Not applicable- The project site is not located on a Great
310 CMR 9.32(1)(d). Non-tidal rivers and streams (outside ACECs) - Not applicable - In the
project location, the Merrimack River is tidally influenced.
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