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December 13, 2024
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MDOT opts to replace temporary bridge in Machias
By RJ Heller

 

      The temporary bridge that was installed as a short-term measure while the replacement of the Machias dike is being planned is itself going to be replaced, following a decision by the Maine Department of Transportation (MDOT). The news came in the form of a letter from MDOT Commissioner Bruce Van Note to the Machias Select Board even as the Upper Machias Bay Master Plan (UMBMP) group continues its work to focus on long-term economic, cultural and environmental viability solutions for the region.
      The letter details ongoing communications between MDOT, federal agencies and others regarding a permanent fix for the dike. Due to the extensive nature of that dialogue and the disclosure of a more "rigid and time laden federal inspection requirement," MDOT decided to replace the temporary bridge with one designed for longer term use.
      In a public statement, MDOT references input to the Federal Highway Administration (FHWA) from the National Marine Fisheries Service (NMFS) that indicates that "an environmental impact statement (EIS) would be the only practical path forward for MDOT's preferred alternative of an in kind replacement." EIS requirements are generally reserved for "much larger and more complex projects," the statement reads, and will involve "several years of additional environmental consulting and analysis," at which point the final design and construction of a replacement bridge can be undertaken.
      The letter to the select board also confirms MDOT's commitment to participate in the UMBMP. "MDOT recognizes that Machias has embarked upon its own long term resiliency planning process and that there could be some common interests and opportunities between the dike project and the resulting recommendations. Accordingly, MDOT will continue to participate in this local resiliency work as it progresses to a comprehensive plan with identified needs."

Dike solution delayed indefinitely
      The new $2 million temporary structure will span the inoperable gated culvert section of the Route 1 dike in Machias and be paid for exclusively from state funds. Construction will take place in 2025. According to Van Note in reference to NMFS's input, the current preferred in kind replacement would result in "significant adverse impacts to NMFS managed species, their designated essential fish habitat as well as a number of NOAA trust resources." The EIS evaluation will take at least three years to complete before plans for a final fix can begin.
      MDOT adds that the concerns expressed by NMFS, both for accommodating fish passage and for the creation or restoration of fish habitat upstream of the dike by flooding upland areas, are at direct odds with the concerns of property owners and others that want to keep things the way they are. MDOT says the position of NMFS is also inconsistent with that of the Maine Department of Marine Resources, which has determined that such restoration in this case is not a high priority.
      Van Note said that MDOT had argued that an environmental assessment (EA) is the appropriate level of permitting for the Machias in kind replacement of the 30 foot structure, as opposed to an EIS. Over the last 10 years MDOT has been involved in only three projects requiring an EIS, and those were extremely large projects in excess of $100 million. Van Note estimates the in kind replacement to cost approximately $23 million.
      "In fact, we are not aware of another project in the nation where a similar replacement in kind project has been elevated to an EIS for similar reasons," says Van Note. "Therefore, MDOT believes an EA is sufficient under National Environmental Policy Act in this case. However, we know FHWA makes that call, and given our long and successful relationship with FHWA, we respectfully defer to its authority and judgment."

Delay could affect UMBMP plans
      The initiative known as the Upper Machias Bay Master Plan is set to begin under the direction of Sunrise County Economic Council's (SCEC) Tora Johnson, director of the Sustainable Prosperity Initiative. The initiative is funded for one year by a $150,000 grant provided by Maine Coastal Program.
      The threat of flooding is a primary driver for the group. "On March 10, 2024, Upper Machias Bay experienced the ninth '100 year flood' in 6.5 years, and the flood on January 10 topped the FEMA base flood elevation by 1.2 feet," cites Johnson. "We plan to undertake a community engaged process to envision and plan a healthy, resilient and prosperous future through the development of a master plan for Upper Machias Bay."
      Approximately 20 people will act as a "think tank" to create solutions from mentored discussions. This leadership group will have representatives from MDOT, NOAA, Department of Agriculture, Conservation and Forestry, Maine and Washington County emergency management programs, Governor's Office of Policy Innovation and Future, conservation group representatives from Downeast Coastal Conservancy, Maine Coast Heritage Trust and Downeast Salmon Federation, Machias Select Board and town manager, Middle River landowners and representation from Marshfield, Machiasport, East Machias, Roque Bluffs and Cutler.
      Johnson says the projects the group will address include the dike replacement, community economic and cultural functions of the causeway, downtown flood and erosion resilience plans, transportation infrastructure, Downeast Sunrise Trail, wastewater treatment and waste disposal system resilience impacting both public health and shellfish closures, wetland restoration in Middle River and Schoppee Marsh and shoreline stability.
      "MDOT will be involved with the local group working on the Upper Machias Bay Master Plan effort," says MDOT Community Planning and Scoping Unit Manager Ian Gorecki. "As that group identifies needs and develops a comprehensive resiliency plan with specific recommendations, MDOT will assess opportunities to connect those recommendations to the Machias dike project." Gorecki is now in charge of the dike project's oversight, replacing Martin Rooney, who has taken on a new role within the department.
      "I believe this group and the projects at hand will set a precedent for what a determined community can accomplish in cooperation with state and federal agencies," says Machias Select Board Vice Chair Ben Edwards. "That MDOT is willing to participate as a full partner is absolutely critical. We need that extensive experience and knowledge to help guide this process. Additionally, MDOT's willingness to participate I think signals a very welcome change in how projects like this are executed."
      Representatives from both UMBMP and MDOT acknowledge the "ticking time bomb" nature the Machias dike presents and that it will remain a top priority for both.
      "The dike discussion is a top priority for the project, but the dike is connected to multiple other infrastructure and resilience challenges," says Johnson. "We plan to work on the whole system in a more holistic and community driven way."
      Johnson notes the other expected outcomes of the project would be to create a forum for broader and deeper public engagement as it relates to flood protection for the downtown commercial district, additional upgrades and/or protection for wastewater treatment facility and waste storage sites, supporting resilience and integrity of the Machias Bay clam fishery, potential upgrades for bayside transportation infrastructure and mechanisms for green solutions for shorelines.
      "I think it is important to remember that while this new -- slightly less temporary -- bridge may be suitable for 15 years or more, the underlying dike is certainly not," says Edwards. "Mother Nature is setting the schedule on this project, and I believe we need to act swiftly and decisively. I would like to see construction started in less than two years."
      Gorecki acknowledges the importance of MDOT ensuring safe, reliable access over the dike bridge but also admits being constricted due to recent decisions. "At this time, given the decisions made by federal regulatory agencies, there is no practical permitting path to an expedited, permanent fix that will be in place soon enough to eliminate the need for a more durable, temporary structure."

Third option explored
      Since the start of the conversation 15 years ago as to what to do with the Machias dike, there have been two "preferred" methods debated: in-kind replacement or a fully open bridge spanning the confluence. Each proposal has its supporters and its detractors, prompting the consideration of other options.
      Gorecki acknowledges that MDOT has considered alternative solutions for the dike. "MDOT had multiple 'middle ground' alternatives in the published alternatives matrix and provided further information on Alternative 4M," says Gorecki, referencing a proposal for multiple culverts with one not gated. "This alternative had substantial environmental oversight and was unlikely to meet NOAA's fish passage standards. The alternative would have changed the inundation patterns on approximately 100 acres of property above the dike."
      "The two remedies that have been formally proposed sit at basically opposite ends of the spectrum," admits Edwards. "Essentially full tidal transparency with Middle River and nearly no tidal transparency with Middle River. Yes, there are a range of middle ground solutions that have been discussed, and I am hopeful that ultimately this is the direction that we go. Today, I think it unlikely that full blockage of a body of water like Middle River is acceptable to NOAA, but I also believe that a complete disregard to the consequences of the bridge option is not appropriate."

Next steps
      Edwards says elements of this initiative have been under way for a long time by individual members or smaller groups. "I think the first priority is to get everyone together in the same room and get all the information that is currently largely siloed out to every member," says Edwards. He notes that there is no central repository for all the data and studies that have been performed and that issue also will be addressed.
      Johnson says that those wanting updates on where and what the group is specifically working on will be able to find it on an in-development website as well as on a dedicated Facebook page.
      In the meantime, updates related to the MDOT effort can be found at www.maine.gov/mdot/projects/machiasbridge.

 

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