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
314 CMR 3.00 - Surface Water Discharge Permit. The project is subject to the EPA National
Pollutant Discharge Elimination System Construction General Permit (NPDES) for construction
activities. The Notice of Intent will be filed with the EPA prior to the start of construction.
314 CMR 5.00 - Ground Water Discharge Permit. The project does not require a permit under this
regulation.
314 CMR 7.00 - Sewer Extension/Connection, The project does not require a permit under this
regulation.
310 CMR 9.00 - Water Quality Certification. The project requires a Water Quality Certification for the
Discharge of Fill Material (BRPWW 07) and for dredging (BRPWW10). A consolidated application
was filed with MassDEP on December 6, 2011; permit issuance is pending.
310 CMR 15.00 - Subsurface Sewage Disposal. The project does not require a permit under this
regulation.
310 CMR 9.33 (1)(f) Ocean Sanctuaries Act . The Merrimack River is not within a designated
Ocean Sanctuary.
310 CMR 9.33 (1)(g) Marine Fisheries Laws. There are two fish species with special status
known to use the project area, the shortnose sturgeon and the Atlantic sturgeon. The shortnose
sturgeon is listed as endangered by the Massachusetts Natural Heritage and Endangered Species
Program (NHESP) and the National Marine Fisheries Service (NMFS). The Atlantic sturgeon is also
listed as endangered by the NHESP and as a candidate for listing by the NMFS. Due to the
presence of these species an informal Section 7 consultation regarding potential impacts and impact
avoidance measures with the National Marine Fisheries Service (NMFS) under the federal
Endangered Species Act (ESA) has been conducted.
The Division of Marine Fisheries has determined, in their consultation under the Essential Fish
Habitat requirements of the Magnuson-Stevens Fishery Conservation and Management Act and the
Fish and Wildlife Conservation Act, in a letter dated December 9, 2011, that if the project avoids the
simultaneous installation of cofferdams, no time of year restrictions are required. In a previous letter
dated November 29, 2011, the National Marine Fisheries Service, in fulfillment of their
responsibilities under the laws referenced above, recommended that all work shall take place in
cofferdams; cofferdams must be installed one at a time; if work is performed between April 1 and
June 30 of any year, at least one channel must remain open at all times and an observer must be
present during cofferdam installation. MassDOT has committed to implementing the NMFS
recommendations.
area.
310 CMR 9.33 (1)(h) Scenic Rivers Act There are no designated Scenic Rivers in the project
310 CMR 9.33 (1)(i) Massachusetts Historical Commission. The project will result in impacts
to the John Greenleaf Whittier Memorial Bridge, a historic resource under Section 106 of the
National Historic Preservation Act of 1966, as amended.
FHWA, the Advisory Council, and the State Historic Preservation Officer have executed a Section
106 MOA, with MassDOT as an invited signatory, to ensure that FHWA and MassDOT will carry out
certain measures to minimize or mitigate the adverse effect caused by the removal and replacement
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