spring/ summer early fall, a plant be batter able to withstand such an insult than in winter when the margin for error is much smaller.  These factors militate against assuming that the impact would in faot be less than four &cr»s>
* dmr claims the impacts from the earlier action are irrelevant.
This is untrue for purposes of federal environmental review. The impacts from the earlier action are part of the project and must be included in the impact assessment•  This ia consistent with NEPA requirements and regulations.
On a related issue, on December 24, 1987, then Commissioner of DMR William Brennan wrote to MDOT Commissioner Dana Connors and stated "DMR and dot have no intention of leaving the creation of compensatory clam area in a non-productive state."  A6 the data shows, the compensatory clam area is currently and has been for the past few years in a nonproductive state,  EPA expects that Maine DMR shares our concern over the failed mitigation attempt and the ongoing losct of resources that has resulted from the earlier action.
* dmr claims the loss to resources will not be as great as the technical attachment states, because resources and impacts to those resources are exaggerated*
In dfttenaining resources present at the eite, the federal resource agencies relied on information supplied in the Marine Baseline Report, published scientific literature and site visits.  Much of the resource information was generated by »ite visits conducted by Maine dot's consultants-and the federal reaouroe agencies.  Information from thie field work was Included in the document.  For additional information on resources published scientific studies and unpublished credible soientifio studies were used.
In determining impacts to resources, the fedaral resource agencies assume that a loss of physical habitat will have a negative impact on the natural resource values of that habitat.  Thus, the large impacts to eelgraas, subtidal unvegetated bottom, and intertidal mudflats will have a negative impact on resources that utilise those habitat types.
The joint evaluation utilizes the impact analysis from thft DSEIS, and the extent of direct impacts is indisputable. Roughly 16 acres of intertidal mudflats will be directly filled and, a> DHR points out in its letter, mudflats are important for numerous ooBunerciially important species, Additionally, almost 13 acres of subtidal soft bot-boTn and 0.6 acres of eelgraes will be directly filled.  The only