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
310 CMR 9.33 (1)(o) Air Pollution Act - The mesoscale air quality analysis performed for the
project demonstrates that it would not adversely affect air quality; the improvement in traffic level of
service projected for the project would lead to improved air quality. The project conforms to the
Commonwealth of Massachusetts State Implementation Plan to achieve attainment of the 8-hour
National Ambient Air Quality Standards for ozone. No adverse impacts to air quality were identified;
therefore, no mitigation measures will be required.
310 CMR 9.33 (1)(p) State Highway Curb Cuts. The project does not require a state highway
curb cut permit.
310 CMR 9.33 (1)(r) Regional land use control statutes (Cape Cod Commission etc.). There
are no regional land use control statues governing the project.
310 CMR 9.33(2) - State or regional agency authority/approval, This standard is not applicable.
310 CMR 9.33(3) - Final Order of Conditions. The project is subject to permitting under the Wetlands
Protection Act and Notices of Intent were filed with the Newburyport, Amesbury and Salisbury
Conservation Commissions on December 1, 2011. Orders of Conditions are pending completion of
the public hearings and application reviews.
310 CMR 9.33(4) MOUs. 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 of the National Register-eligible Whittier Memorial Bridge. The Chief
Executive Officers of the three municipalities have signed the MOA as concurring parties. The MOA
was fully executed on March 23, 2011.
310 CMR 9.34: Conformance with Municipal Zoning and Harbor Plans
310 CMR 9.34 - Conforms to applicable provisions of a municipal harbor plan, if any, and local
zoning law, according to the provisions of 310 CMR 9.34;
310 CMR 9.34(1) - Zoning Law - Not applicable – MassDOT is a state agency and is not subject to
local zoning.
310 CMR 9.34(2) - Municipal Harbor Plan - The City of Newburyport prepared a Harbor
Management Plan, revised dated November 1989. The Town of Amesbury does not have a Harbor
Plan. The Newburyport Harbor plan cites the following: need for aids to navigation in the Merrimack
River and the fact that the federal channel constrains the size of vessels which can navigate the
area. It also cites the following: investigate the possibility of redesignating the federal channel so that
it will align with the actual navigable channel; encourage and increase public access and create a
riverwalk along the Merrimack; increase and enhance water- related use of the Maudsley State Park;
and consider the use of dredged material for beach nourishment.
The new bridge will include aids to navigation in the form of lighting and channel markers. The
federal channel does not align with the navigable channel because of the presence of shallow
bedrock. In order to align the federal channel with the actual channel, blasting and additional
dredging would be required.
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