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
with the U.S. Army Corps of Engineers and will comply with the special conditions related to
protection of the federal navigation channel to be included in the Massachusetts General Permit
authorization for the project.
310 CMR 9.37(2) Flood zone requirements
310 CMR 9.37(2)(a) Projects within coastal high hazard areas Not applicable - The project is
not located within a coastal high hazard area.
310 CMR 9.37(2)(b) New buildings for non-water dependent use Not applicable – the project
does not include new buildings.
310 CMR 9.37(3) Projects with coastal or shoreline engineering structures Not applicable – The
project does not include engineered structures such as seawalls, bulkheads, revetments or
breakwaters.
310 CMR 9.37(4) Buried Pipeline and Conduits The project does not include any buried pipelines or
conduits. Supporting utilities will be hung from the bridge and will not interfere with navigation.
310 CMR 9.38: Use Standards for Recreational Boating Facilities. Not Applicable
310 CMR 9.39: Standards for Marinas, Boatyards, and Boat Ramps. Not Applicable
310 CMR 9.40: Standards For Dredging and Dredged Material Disposal - Complies with applicable
standards governing dredging and disposal of dredged materials, according to the provisions of 310
CMR 9.40.
310 CMR 9.40(1) Limitations on dredging and disposal - the project shall not include any dredging of
channels, mooring basins, or turnaround basins to a mean low water depth greater than 20 feet. Not
applicable. The project does not include navigational dredging.
310 CMR 9.40 (2) Resource Protection Requirements
310 CMR 9.40(2)(a) - Design and timing of dredging and dredged material disposal activity
shall be such as to avoid interference with anadromous/catadromous fish runs. No such activity shall
occur in such areas between March 15 and June 15 of any year, except upon determination by
Division of Marine Fisheries that such activity will not obstruct or hinder the passage of fish. 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.
310 CMR 9.40(2)(b) Design and timing of dredging and dredged material disposal activity
shall be such as to minimize adverse impacts on shellfish beds, fishery resources and submerged
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