The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114
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% The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D. Baker GOVERNOR Tel: (617) 626-1000 Karyn E. Polito Fax: (617) 626-1081 LIEUTENANT GOVERNOR http://www.mass.gov/eea Kathleen A.Theoharides SECRETARY March 26, 2021 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME : Plymouth Rubber Redevelopment PROJECT MUNICIPALITY : Canton PROJECT WATERSHED : Boston Harbor EEA NUMBER : 16335 PROJECT PROPONENT : Canton Copperworks, LLC DATE NOTICED IN MONITOR : February 24, 2021 Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G. L. c. 30, ss. 61-62I) and Section 11.06 of the MEPA regulations (301 CMR 11.00), I hereby determine that this project does not require an Environmental Impact Report (EIR). Project Description As described in the Environmental Notification Form (ENF), the project involves the phased construction of an approximately 650,480 square foot (sf) mixed-use development on a former industrial site. The project includes approximately 588,000 total sf of residential space (272 units) comprised of townhomes and six multifamily residential buildings; approximately 22,500 total sf of commercial space consisting of retail, office, restaurant, function, and exhibit space; and up to 40,000 total sf of light industrial uses. The project also includes the construction of a bridge over the Neponset River Diversion Channel to connect Revolution Way with Neponset Street. This connection to Neponset Street was incorporated into the project in response to a request from the Town of Canton (Town) in order to improve fire safety response times to northern points within the Town. The project also includes remediation of contaminated soil and groundwater associated with past industrial uses; establishment of a 9-acre park (Paul Revere Heritage Park) along the Neponset River Diversion Channel; installation of a stormwater management system; and additional transportation, pedestrian and utility improvements as described further below. EEA# 16335 ENF Certificate March 26, 2021 A Special Permit/Site Plan Approval was issued by the Town for the site in 2016. Construction was proposed in four phases. The first three phases are complete or are currently under construction. Therefore, the ENF submission is an after-the-fact filing for most of the project. The final phase includes the development of two residential buildings (Building 5 and 6) and a 40,000-sf light industrial building on Lots 8 and 9. Project Site As described in the ENF, the development area includes an approximately 41.9-acre project site bounded by the Neponset River Diversion Channel (Diversion Channel) and the Neponset Street residential neighborhood to the south and west, MBTA commuter rail line to the west and north, and Revere Street to the east. The Diversion Channel is a manmade flood control channel which was constructed by the Army Corp of Engineers in 1963 to reduce flooding associated with the Neponset River. The project site includes the following wetland resource areas: Bordering Land Subject to Flooding (BLSF), Riverfront Area, Land Under Water (LUW), Bank, and Bordering Vegetated Wetlands (BVW). Portions of the project site (approximately 9 acres) are within the 100-year floodplain (Zone AE) with varying Base Flood Elevations (BFE) based on the effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM-panel 250235 0001 effective June 4, 1987). The effective BFEs on/adjacent to the site range from 65.19 to 76.19 ft elevation (el.) NAVD88. As indicated in supplemental information provided by the Proponent, new flood mapping for the project area will likely be approved later this year.1 The project site includes structures listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth, including the Paul Revere and Son Copper Rolling Mill (CAN.126) and Draft Horse Stable (CAN.127). Environmental Impacts and Mitigation Potential environmental impacts associated with the project include the new alteration of 5.4 acres of land; alteration of 32,500 sf (0.75 acres) of BLSF, 10,050 sf (0.23 acres) of Riverfront Area, 145 linear feet (lf) of Bank, and 5,725 sf of LUW; generation of 2,252 new average daily trips (adt), construction of 700 new parking spaces, generation of 76,240 gallons per day of water demand and generation of 69,310 gpd of wastewater generation. The project includes construction of 0.61 miles of water main and 0.42 miles of sewer main. Measures to avoid, minimize, and mitigate environmental impacts identified in the ENF include the provision of a 9.1-acre park, reduction of on-site impervious area by 3.5 acres; installation of stormwater management systems consistent with MassDEP’s Stormwater Management Standards; remediation of contaminated soils; provision of compensatory flood storage at 1.2:1 ratio; restoration of in situ impacts to bank and LUW, and pedestrian and transportation improvements. Jurisdiction and Permitting 1 Floodplain information was provided to the MEPA Office by the Proponent on March 23, 2021. 2 EEA# 16335 ENF Certificate March 26, 2021 This project is subject to MEPA review and preparation of an ENF pursuant to 301 CMR 11.03(3)(b)(1)(f), 11.03(6)(b)(13), and 11.03(6)(b)(15) because the project requires a State Agency Action and involves alteration of one half or more acres of any other wetlands; generation of 2,000 or more new adt on roadways providing access to a single location; and construction of 300 or more new parking spaces at single location, respectively. The project received an 8(m) permit from the Massachusetts Water Resource Authority (MWRA) and a Chapter 91 License from the Massachusetts Department of Environmental Protection (MassDEP). As noted below, the project also received a Superseding Order of Conditions from MassDEP. The project may require one or more license agreements from the Massachusetts Bay Transportation Authority (MBTA). The project received multiple Orders of Conditions (DEP File Nos. 124-1169, 124-1183,124- 1245, 124-1266) from the Canton Conservation Commission and a Superseding Order of Conditions (SOC) from MassDEP (124-1182)). The project required a National Pollutant Discharge Elimination System (NPDES) Construction General Permit from the U.S. Environmental Protection Agency. The project required review by the Massachusetts Historical Commission (MHC) acting as the State Historic Preservation Officer (SHPO) pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended (36 CFR 800). The project is not receiving Financial Assistance from the Commonwealth. Therefore, MEPA jurisdiction for any future review would be limited to those aspects of the project that are within the subject matter of any required or potentially required Agency Actions and that may cause Damage to the Environment, as defined in the MEPA regulations. Review of the ENF The ENF provided a description of existing and proposed conditions, preliminary project plans, and identified measures to avoid, minimize and mitigate environmental impacts. Because the project is under construction, no alternatives analysis was provided. Comments from State Agencies do not request additional analysis in the form of an EIR. The Town of Canton submitted a letter of support for the project indicating the numerous opportunities for public and municipal input during the design of the project as well as the public benefits the project provides, including remediation of a heavily contaminated site; establishment of cultural and recreational amenities for residents; and the provision of affordable housing. One comment letter from a resident expressed concerns regarding the clearing of undeveloped land for the construction of Building 5 and 6 which were originally sited in previously disturbed area (Lot 8). As discussed in the remote meeting held on March 4, 2021 and reiterated in correspondence received by the MEPA office on March 23, 2021, the siting of Building 5 and 6 was revised based on more extensive soil testing of Lots 8 and 9. This testing indicated that contaminated soil was present in Lot 8 and a very small portion of Lot 9 but was deeper than originally thought. Town officials expressed a very strong desire to see underground parking as part of the residential development plan in order to reduce impervious cover near the wetlands system. However, as described in the ENF, the quantities of contaminated soil that would have to be hauled off-site to allow for underground parking on Lot 8 would be cost prohibitive and placing the residential use on Lot 8 would also require an Activity Use Limitation (AUL) and potentially result in exposure to future residents. For these reasons, 3 EEA# 16335 ENF Certificate March 26, 2021 the Proponent determined that the siting of residential Buildings 5 and 6 on the undeveloped portion of Lot 9 and within the MBTA ZOI was necessary. Land Alteration and Stormwater As discussed above, the majority of the project site was previously disturbed due to industrial uses on site; however, the project will result in the new alteration (i.e. clearing) of 5.4 acres of undeveloped land for the development of Building 5 and 6. The project will result in the net reduction of impervious area by 3.5 acres. The project also includes a 9-acre public park located along the banks of the Diversion Channel. As described in the ENF, the project’s stormwater management system is comprised of a combination of impervious area reduction, surface/subsurface infiltration basins, sand filters, detention and constructed stormwater wetlands to promote recharge, enhance water quality and mitigate peak rates of runoff. The system has been designed in accordance with MassDEP’s Stormwater Management Standards. The Project required Orders of Conditions (OOC) from the Canton Conservation Commission. As noted in the ENF, as part of that permitting process the stormwater design underwent a rigorous review by the Town’s peer review consultants.