EXAMPLE 2. ABBREVIATED CONSULTATION

Richard Roach

US Army Corps of Engineers

696 Virginia Rd.

Concord, MA, 01742-2751

Re: NH DOT Route 108 Bridge, Public Notice 199800216

Dear Mr. Roach:

The National Marine Fisheries Service (NMFS) has reviewed the application of the NHDOT to the Army Corps of Engineers (ACOE) for a permit under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act to replace the Route 108 bridge over the Squamscott River in the towns of Newfields and Stratham, NH.

The proposed project consists of replacing the existing steel bridge with a new concrete bridge located to the north (downstream) of the existing structure. The new bridge will be wider (42 ft overall) and higher (12 ft clearance at mean high water) than the existing bridge. The project proposes to fill approximately 5,192 sq ft of wetlands and restore approximately 10,492 sq ft of wetlands as mitigation.

General Comments:

The Squamscott River is one of seven rivers that feed the Great Bay estuary. The Squamscott River is also the least developed of these rivers. The river supports many anadromous fish species including rainbow smelt, alewife and blueback herring. There is a considerable ice fishery for rainbow smelt. There are also 180 acres of clam flats and oyster beds in the Squamscott River, however, harvesting is prohibited due to the discharge of wastewater treatment facilities.

NMFS is in support of the proposed bridge replacement which will benefit public safety. Although the proposed bridge replacement itself will have minimal impact to the resources within the river, NMFS is concerned that the 4 foot height increase (12 ft clearance at mean high water) of the bridge could lead to indirect impacts associated with increased boat activity in the river. Raising the bridge's clearance could allow increased boat access upstream. A potential increase in boat traffic may lead to shoreline erosion due to boat wakes. In addition, impacts may be associated with waterfront property owners requesting to installing shoreline stabilization structures as well as boat docking facilities and moorings. Since water depths in this portion of the river are shallow (3.4 feet mean tide) increased boat traffic may also lead to the need to dredge a navigation channel. Navigational channel dredging was conducted in the river in 1911 to establish an 8 mile long 40 foot wide 6 foot deep channel. Therefore, maintenance dredging could potentially be authorized in the area upstream of the Rout 108 bridge. Although these potential impacts are not directly a result of the bridge replacement, they should be considered as potential indirect and cumulative impacts.

The Final Environmental Assessment does not consider stormwater management from the new road and bridge project. Road runoff is a major factor in estuarine water quality degradation. Discharge of untreated road runoff typically leads to deposition of sediments including road sands and salts, oil and grease, nutrients, as well as other substances into the marine environment. This condition ultimately contributes to water quality degradation which has a negative effect upon the marine ecosystem and Essential Fish Habitat (EFH). NMFS would like to know how NHDOT plans on handling road runoff from this project. NHDOT should consider the installation of sediment catch basins and/or fluidic flow regulators such as the vortex element for removing sediments and other contaminants prior to discharge.

Essential Fish Habitat

NMFS concurs with the ACOE determination that the project will not have a substantial adverse effect upon EFH as described in the Public Notice. However, NMFS remains concerned about the potential adverse effects to EFH from stormwater runoff from the project area as well as indirect cumulative impacts from the bridge height.

NMFS offers the following EFH conservation recommendations pursuant to Section 305(b)(4)(A) of the Magnuson-Stevens Act:

1. NMFS recommends that the ACOE permit conditions require an 85% survival rate of salt marsh vegetation within the mitigation area by the end of five growing seasons. If less than 85% survivability has been attained then the ACOE should require additional plantings or modifications to the restoration plan to ensure survival.

2. NMFS recommends that the ACOE require a stormwater management plan/implementation to ensure that untreated road runoff from the project site is not allowed to discharge into the wetlands or surface waters of the Squamscott River to protect its associated EFH.

3. NMFS recommends that the ACOE utilize its regulatory authorities under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act to ensure that potential indirect cumulative impacts upstream of the project area associated with potential increased boat access are addressed on a case-by-case basis to maintain the high quality EFH associated with the Squamscott River.

Section 305(b)(4)(B) of the Magnuson-Stevens Act requires the ACOE to provide NMFS with a detailed written response to these EFH Conservation Recommendations, including a description of measures adopted by the ACOE for avoiding, mitigating, or offsetting the impact of the project on EFH. In the case of a response that is inconsistent with NMFS' recommendations, the ACOE must explain its reasons for not following the recommendations, including scientific justification for any disagreements with NMFS over the anticipated effects of the proposed action and the measures needed to avoid, minimize, mitigate, or offset such effect (50 CFR 600.920(j)).

Conclusion:

NMFS supports the replacement of the Route 108 Bridge over the Squamscott River to provide for increased public safety. NMFS is concerned that improperly treated road runoff may lead to degradation of water quality within the river thereby adversely effecting EFH. Additional concerns result from potential indirect cumulative impacts associated with the increase in clearance under the new bridge. Please contact Lou Chiarella at (978)281-9277 with any questions or concerns related to this project.

Sincerely

Patricia A. Kurkul

Regional Administrator