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
The inclusion of the Shared-Use Path will increase access to public parks and recreation resources
in the project area, including Maudsley State Park and Moseley Woods in Newburyport.
A DEP-approved sampling program was conducted on October 20 and 21, 2011. Based on the
results of the chemical testing, and the fact that the dredged material is from a riverine environment,
MassDOT does not believe that the dredged material will be suitable for beach nourishment.
310 CMR 9.35: Standards to Preserve Water-Related Public Rights - Complies with applicable
standards governing the preservation of water-related public rights, according to the provisions of
310 CMR 9.35;
310 CMR 9.35 (1) General: preservation of rights held by the Commonwealth in trust for public use
of tidelands for lawful purposes; preservation of public rights of access.
The project will not interfere with the rights held by the Commonwealth in trust for benefit of the
public.
310 CMR 9.35(2) - Public Rights Applicable to all Waterways
310 CMR 9.35(2)(a) Navigation. The project will not interfere with public rights of navigation.
The new Merrimack River crossing includes three sets of piers for each bridge structure, totaling six
piers in the waterway for the northbound and southbound structures. There will be four spans or
openings beneath both bridges, with the existing navigable federal and steamboat channels
maintained for marine traffic. The bridge piers for both structures will be constructed in the same
east-west alignment. The permanent bridge structures will increase vertical and horizontal clearance
and there will be no adverse impacts to navigation. Appropriate channel markers and navigational
lighting will provide permanent navigation safety features.
310 CMR 9.35(2)(b) - Free Passage Over and Through Water The rights to float on, swim
in or move freely within the water column of the Merrimack River will be maintained and the project
will not impede free passage over and through the water.
310 CMR 9.35(2)(c) - Access to Town Landings - There are no town landings within the
vicinity of the project.
310 CMR 9.35(3) Public Rights Applicable to Tidelands and Great Ponds
310 CMR 9.35(3)(a) - Fishing and Fowling - The project will not pose a substantial obstacle
to the public‘s ability to fish or fowl in the project vicinity or interfere with traditional fishing or fowling
locations used by the public.
310 CMR 9.35(3)(b) - On-Foot Passage – The project will not interfere with public passage
and useage of tidelands.
310 CMR 9.35(4) Compensation for Interference with Public Rights in Commonwealth Tidelands and
Great Ponds. Not applicable. The project does not include the private use of Commonwealth
Tidelands. All structures built in conjunction with the project will be public.
310 CMR 9.35(5) Management of Areas Accessible to the Public. There will be no change in the
management of areas accessible to the public.
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