Sec. of Environmental Affairs also granted DCAM a waiver – sorry, but I do not have time to make the formatting any better, as I need to get to DCAM’s PIP at Town House at 7 PM tonight
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August 10, 2011
DRAFT RECORD OF DECISION
PROJECT NAME : Medfield State Hospital Cleanup and Redevelopment PROJECT MUNICIPALITY : Medfield PROJECT WATERSHED : Charles River EOEANUMBER : 14448R PROJECT PROPONENT : Massachusetts Division of Capital Asset Management
(DCAM) DA TE NOTICED IN MONITOR : June 22, 2011
Pursuant to the Massachusetts Environmental Policy Act (MEPA) (M.O.L.c.30, ss. 61621) and Section 11.11 of the MEPA regulations (301 CMR 11.00), I have reviewed the Notice of Project Change (NPC) and request for a Phase 1 Waiver and hereby propose to grant a waiver that will allow DCAM to proceed with what is further described herein as the implementation of an Immediate Response Action (IRA) cleanup option prior to preparing an Environmental Impact Report (EIR) for the entire project. In a separate Certificate also issued today, I have set forth the outstanding issues related to the project that can be addressed by permitting agencies.
Project History
In 2010, the Proponent, DCAM, submitted an Expanded Environmental Notification Form (EENF) proposing the cleanup and redevelopment of the MSH in Medfield. The proposed project presented in the EENF consists of remediation and redevelopment of the 269-acre former MSH site. MSH was originally developed in the late 19th century as a residential hospital for the mentally ill. The hospital was closed in 2003 and its control was transferred to DCAM. DCAM proposes first to conduct a cleanup of debris at five sites, and, under the provisions of the Massachusetts Contingency Plan (MCP), to remediate hazardous waste at three sites. Redevelopment is then planned for the 94.2-acre central portion of the campus once cleanup measures are complete. The site was previously developed and contains approximately 50 buildings totaling 788,000 square feet (sf) of building space. The Redevelopment will be guided by the MSH Reuse Plan, authorized by the Legislature through special legislation passed in 2008, and includes rehabilitation ofthe Campus and the construction of several new buildings to provide 440 dwelling units and approximately 41,000 sf of office and community center space.
DCAM anticipates transferring the Redevelopment portion ofthe site (134 acres) to a
EEA# 14448R Draft Record of Decision August 10, 2011
third party through a public bidding process, and approximately 60 acres of that area (comprised of the hospital tubular well fields, Sledding Hill, and the hospital water tower and access easement) will be transferred to the Town of Medfield. Approximately 114.8 acres of the site will remain with the Commonwealth, with portions to be transferred among four Commonwealth agencies. The Department of Conservation and Recreation (DCR) will receive control of73.3 acres that form a horseshoe around the Redevelopment parcel, as well as a six-acre parcel located between a rail line and Route 27. A 2.5-acre parcel will be retained by the Department of Developmental Services (DDS) for a group home. Another 30.3 acres of the site (former sewage beds) will be transferred to the Executive Office of Public Safety (EOPS) for the continued use of public safety agencies as a firearms practice range. Finally, the 2.7-acre hospital cemetery will be retained by the Department of Mental Health (DMH).
As noted above, portions of the site are contaminated from past activities related to operation of the state hospital. These areas will be remediated in compliance with the MCP before transfer of the property is executed. DCAM been granted a Special Project Designation (SPD) Permit in accordance with 310 CMR 40.0060 for the three MCP-regulated sites in order to coordinate public involvement and remediation. In addition to the obligations of remediation, the disposal sites included within the SPD Permit have also been designated as Public Involvement Plan (PIP) sites. As PIP sites, DCAM is responsible for communication of assessment and remedial activities associated with the disposal sites and for providing opportunities for public involvement and comment throughout the MCP process. Because of the SPD Permit and the PIP designation, there will be substantial oversight of cleanup activities by MassDEP.
Anticipated environmental impacts associated with the entire project include approximately 7.2 acres of new land alteration, 2.3 acres of new impervious area, 2,700 new average daily trips (adt), 115 new parking spaces, and approximately 93,400 gallons per day (GPD) of new water usage and 84,900 GPD of new wastewater generation. The project also includes the construction of new water and sewer mains onsite. Wetlands impacts associated with the project include the temporary alteration of 500 linear feet (If) of Bank, 2,500 sf of Bordering Vegetated Wetland (BVW), and 43,700 sf of Riverfront Area associated with the remediation. The project also involves the demolition of state-listed historic and/or archaeological resources.
On April 2, 2010, Secretary Ian A. Bowles issued a Certificate on the EENF requiring an EIR for the entire project. In the Certificate, the Secretary allowed DCAM to proceed with the cleanup and remediation of those hazardous waste sites that will not impact wetland resource areas (both those regulated under the MCP and otherwise), prior to the submission of the SEIR for the entire project.
Summary of Project Change (Phase 1)
As described in the NPC, the project change consists of the selection and implementation ofan IRA cleanup option for the C&D Area and adjacent portions of the Charles River at the MSH site in advance of the preparation of the SEIR. According to DCAM 1, the discovery of an oily sheen in the Charles River during removal of sampling equipment in May 2011 created a condition of Substantial Release Migration (SRM) under the MCP. This condition of SRM warrants the implementation of an IRA by DCAM to resolve the condition.
1 As described in DCAM’s comment letter dated August 8, 2011. 2
EEA# 14448R Draft Record of Decision August 10,2011
A Notice of Intent was included in the NPC, and includes tables entitled “Initial Remedial Alternatives Technology Screening”, for both the C&D Area and the sediments in the Charles River, respectively, in which DCAM provides a comparison of several preliminary alternatives. DCAM’s selected remedial approach will include: bank stabilization and cover of the C&D Area; and the construction of a temporary sediment cap within the adjacent Charles River. The NPC does not propose changes to the majority of the project as originally reviewed in the EENF. The remediation of both MCP and non-MCP sites is ongoing and the status of cleanup efforts is detailed in the appended Draft Phase II Report and the Non-MCP Area Report, respectively. The NPC indicates that a fourth disposal area -the Clay Containment Area (a historically non-MCP site) is now included in the SPD Permit (in addition to the Salvage Yard Area, the Former Power Plant Area, and the C&D Area).
According to the NPC and comments from DCAM1, the project change consists of:
• bank stabilization, excavation, and cover of C&D Area including:
-removal of the existing steep slopes by cutting back debris material to a more stable 3: 1 slope;
-lowering the elevation of the C&D Area by an additional three feet below the proposed final grade, installing a 40 mil textured high density polyethylene (HDPE) liner and marker barriers, and overlaying three feet of clean fill to bring the site up to the final grade (along the Algonquin Gas easement which runs through the C&D Area, the three-foot cover will be reduced to one-foot over an HDPE liner);
– removal of approximately 11,000 tons of contaminated material;
-installing a riprap toe at base of the slope with riprap extending up to the Ordinary High Water Line (OHW);
– an increase in size ofthe C&D Area from 2.2 acres to 3.2 acres;
– work to stabilize the C&D Area will temporarily affect:
•
780 If of Bank (increase of 280 If from EENF),
•
3,750 sq ofBVW (increase of 1,250 sf from EENF),
•
104,500 sf of Riverfront Area (increase of 60,800 sf from EENF),
•
8,560 sf of Land Under Water (LUW), and
•
2,400 cubic yards (CY) of Bordering Land Subject to Flooding (BLSF), with a net 50 CY of flood storage gained;
-restoration of Bank, LUW, and Riverfront Areas, and wetland replication of 5, 150 sf of BVW (net gain of 1,400 sf);
-removal ofanet 770 CY of dredged material (1,420 CY of material will be dredged from below OHW line to overcut the bank to allow for the placement of 620 CY of riprap and clean fill; an additional 30 CY will be placed in order to remediate the contaminated sediment)
– bio-stabilization of the slope above the OHW employing the brush layering
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technique to protect the slope from erosion and to provide a more natural habitat;
• emplacement of a temporary sediment cap including:
-covering an approximate area of 800 sf of impacted sediment (within the top 6-12 inches) within the Charles River with an impenneable amendment material (AquaBlok -a “composite particle technology”) to provide a low penneability, in situ active cover which is intended to create a barrier to isolate impacted sediment and impede potential upward and downstream migration into the river;
12 inches of fill throughout the impacted sediment area (six inches of AquaBlok
overlain by six inches of sand);
-work to cover the sediments will temporarily result in 30 CY of fill to LUW (15 CY of clean fill and 15 CY of AquaBlok).
DCAM has requested that I allow the implementation of the IRA cleanup option to proceed prior to the submission of the SEIR. According to DCAM, delaying the remediation activities until the SEIR has been completed may adversely affect the Charles River and the C&D Area because the CUlTent unstabilized condition of SRM could result in further impacts to the Charles River. In addition, DCAM indicates that it anticipates the filing of a subsequent NPC to the MEP A Office which details the detennination of the final remedial actions. I have therefore issued a Draft Record of Decision (DROD) detailing my proposal to grant the Phase 1 Waiver. If approved under the proposed Waiver, DCAM will endeavor to complete the temporary cleanup activities in fall 2011.
MEPA Jurisdiction and Pennits
The project, as presented in the EENF, is not subject to a mandatory EIR based upon the MEP A regulations. However, due to the potential environmental impacts of the proj ect, and the unique nature of the project site, the preparation of an EIR was required.
The project is undergoing review pursuant to Sections 11.03(3)(b)(1)(b), 11.03(3)(b)(1)(f), 11.03(6)(b)(13), and 11.03(10)(b)(1) of the MEPA regulations because it is being undertaken by a State Agency and will result in the alteration of 500 or more linear feet of inland bank, the alteration of one-half or more acres of other wetlands (Riverfront Area), the generation of 2,000 or more new adt on roadways providing access to a single location, and the demolition of a Historic Structure listed in or located in any Historic District listed in the State Register of Historic Places. The project will require: an Order of Conditions from the Medfield Conservation Commission (and, on appeal only, a Superseding Order of Conditions from the Massachusetts Department of Environmental Protection (MassDEP)); a Sewer Connection Pennit from MassDEP; review by the Natural Heritage and Endangered Species Program (NHESP); review by the Massachusetts Historical Commission (MHC); and a National Pollutant Discharge Elimination System (NPDES) Construction General Pennit (CGP) from the United States Environmental Protection Agency (US EPA). The project could potentially also require air quality approvals from MassDEP if it proposes installation of boilers, furnaces or emergency generators. The project is also subject to the EEAlMEPA Greenhouse Gas Emissions Policy and Protocol.
The project change (Phase 1) will require: an Order of Conditions from the Medfield
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EEA# 14448R Draft Record of Decision August 10,2011
Conservation Commission (and, on appeal only, a Superseding Order of Conditions from MassDEP); a Section 401 Water Quality Certificate from MassDEP; and a Category 2 Programmatic General Permit from the United States Army Corps of Engineers (ACOE). The project will also require review in accordance with the MCP by MassDEP, including, but not limited to, a Phase II Comprehensive Site Assessment (CSA) and a Phase III Remedial Action Plan (RAP).
The project will be undertaken and financed by DCAM, a State Agency. In addition, the project involves a Land Transfer from DCAM. Therefore, MEPA jurisdiction for this project is broad and extends to all aspects of the project that are likely, directly or indirectly, to cause Damage to the Environment, as defined in the MEP A regulations.
Summary of Potential Environmental Impacts for Phase 1
As indicated in the NPC, DCAM is seeking a Phase 1 Waiver for Phase I of the project. Phase 1 of the project does not exceed mandatory EIR thresholds. Proposed work to stabilize the C&D Area will temporarily affect: 780 feet of Bank; 3,750 sq ofBVW; 104,500 sf of Riverfront Areal; 8,560 sf of LUW; and 2,400 CY ofBLSF. In addition, Phase 1 requires the removal of a net 770 CY of dredged material (1,420 CY of material will be dredged from below OHW line to overcut the bank to allow for the placement of 620 CY of riprap and clean fill; an additional 30 CY will be placed in order to remediate the contaminated sediment). Finally, work to cover the sediments will temporarily result in 30 CY of fill to LUW (15 CY of clean fill and 15 CY of AquaBlock).
Summary of Proposed Mitigation Measures
According to the NPC, DCAM will mitigate the impacts to wetland resource areas by replicating the majority of wetland impacts in place. Restoration volumes are described in Table 2 below (reproduced from the NPC):
Table 2: Resource Area Mitigation
Resource Area
Impacted
Unit
Restored
Net Change
BVW
3,750
Sf
5,150
+1,400
LUW (Below OHW)
8,560
Sf
8,560
0
LUW Dredge
1,420
CY
770CY Dredge
LUW Fill
650
CY
BLSF Cut
2,450
CY
50 CY of Storage Added
BLSF Fill
2,400
CY
Riverfront Area
104,500
Sf
104,500
0
Bank
780
Lf
780
0
Waiver Request
DCAM has requested a waiver that will allow it to proceed with Phase 1 of the project prior to preparing a SEIR for the entire project. Consistent with this request, an NPC was submitted and it was subject to an extended review period. The NPC includes a discussion ofthe
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EEA# 14448R Draft Record of Decision August 10,2011
project change’s consistency with the criteria for granting a Phase 1 Waiver, identification of environmental impacts associated with Phase 1 and identification of measures to avoid, minimize and mitigate impacts associated with Phase 1.
Criteria for a Phase 1 Waiver
The MEPA regulations at 301 CMR 11.11(1) state that I may waive any provision or requirement in 301 CMR 11.00 not specifically required by MEP A and may impose appropriate and relevant conditions or restrictions, provided that I find that strict compliance with the provision or requirement would:
(a)
result in an undue hardship for the Proponent, unless based on delay in compliance by the Proponent; and,
(b)
not serve to avoid or minimize Damage to the Environment.
The MEP A regulations at 301 CMR 11.11 (4) state that, in the case of a partial waiver of a mandatory EIR review threshold that will allow the Proponent to proceed with Phase 1 ofthe project prior to preparing an EIR, I shall base the finding required in accordance with 301 CMR
11.11 (1 )(b) on a determination that:
(a)
the potential environmental impacts of Phase 1, taken alone, are insignificant;
(b)
ample and unconstrained infrastructure facilities and services exist to support Phase 1;
(c)
the proj ect is severable, such that Phase 1 does not require the implementation of any other future phase of the project or restrict the means by which potential environmental impacts from any other phase of the project may be avoided, minimized or mitigated; and
(d)
the Agency Action(s) on Phase 1 will contain terms such as a condition or restriction, so as to ensure due compliance with MEPA and 301 CMR 11.00 prior to commencement of any other phase ofthe project.
Findings
Based on the information submitted by DCAM, consultation with the relevant state agencies, and consideration of comment letters received, I hereby determine that DCAM has met the tests for a Phase 1 Waiver. As further outlined below, I have determined that compliance with the requirement to prepare an EIR prior to Phase 1 would not serve to avoid or minimize Damage to the Environment, that adequate and unconstrained infrastructure exists to support the project, that the project is severable, and that agency actions on Phase 1 can be conditioned to ensure compliance with MEP A.
Comments from state permitting agencies do not identify objections to the granting ofthe Phase 1 Waiver. However, MassDEP has requested additional analysis of environmental impacts associated with the Phase 1 project. This additional information should be submitted to the MEPA Office and all commenters during the review period for this DROD. In addition, the Charles River Watershed Association (CRWA), the Town of Medfield Board of Selectmen, and William Massaro have requested additional information concerning the impacts of Phase 1 on wetland resources prior to the construction of Phase 1. I note that DCAM is already actively consulting with MassDEP, the Town of Medfield, and PIP petitioners for each phase ofthe project and therefore I have determined that impacts to wetland resources can be further addressed through consultation with MassDEP and in the SEIR.
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EEA# 14448R Draft Record of Decision August 10, 2011
Requiring the preparation of an EIR in advance of undertaking Phase 1 would cause undue hardship and would not serve to minimize Damage to the Environment:
I find that a requirement to complete MEPA review prior to initiating the permit process for Phase 1 is not necessary in order for DCAM to demonstrate that it will avoid, minimize, and mitigate potential Damage to the Environment to the maximum extent practicable, and that a requirement to do so would therefore cause undue hardship and would not serve to minimize Damage to the Environment.
1. The potential environmental impacts of Phase 1, taken alone, are insignificant.
Phase 1 of the project does not independently meet or exceed MEP A review thresholds for a mandatory EIR. The review of the NPC has demonstrated that the impacts of Phase 1 can be avoided, minimized and mitigated through the state permitting process and the conditions outlined below. Based on the foregoing, I find that the potential environmental impacts of Phase 1, taken alone, are insignificant.
2. Ample and unconstrained infrastructure facilities and services exist to support Phase 1.
The C&D Area remediation does not require any local infrastructure facilities or services, either during construction or in the long term.
3. The project is severable, such that Phase 1 does not require the implementation of any other future phase of the project or restrict the means by which potential environmental impacts from any other phase of the project may be avoided, minimized or mitigated.
Phase 1 does not require the implementation of any other future phase (i.e. the Redevelopment portion) of the project or restrict the means by which potential environmental impacts from any other phase of the project may be avoided, minimized or mitigated. Phase 1 and the Redevelopment are both economically viable without the other Phase. Based on the foregoing, I find that Phase 1 of the project is severable and does not require the implementation of any other future phase of the proj ect or restrict the means by which potential environmental impacts from any other phase ofthe project may be avoided, minimized or mitigated.
4. The Agency Action(s) on Phase 1 will contain terms such as a condition or restriction, so as to ensure due compliance with MEPA and 301 CMR 11.00 prior to commencement of any other phase of the project.
Wetlands
The project will require an Order of Conditions from the Medfield Conservation Commission (and, on appeal only, a Superseding Order of Conditions from MassDEP) for remediation activities in wetland resource areas. The project also requires a Section 401 Water Quality Certificate from MassDEP. DCAM should work to address the comments from MassDEP during the comment period on this DROD and provide the MEPA Office with an update on the resolution of the items below prior to the close of the comment period.
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EEA# 14448R Draft Record of Decision August 10, 2011
Hazardous Material
The project will require strict compliance in accordance with the MCP, as directed by the MassDEP’s Bureau of Waste Site Cleanup (BWSC).
As a condition of this proposed Waiver, DCAM should:
•
Submit supplemental information to the MEPA Office and commenters on the NPC during the review period for the DROD (i.e., no later than August 24,2011). This information is required by MassDEP’s BWSC as outlined in its IRA Plan response letter dated August 5, 2011. The submission should provide a focused Phase III feasibility evaluation and a detailed description ofthe outcome ofthe technical meeting conducted by MassDEP prior to the end of the review period for the DROD. If the meeting is held after August 24, 2011, I reserve the right to extend the comment period to allow time to receive the complete submission; and
•
DCAM should address the relevant comments submitted by stakeholders during the technical meeting.
Conclusion
Based on these findings, I have determined that this waiver request has merit, and hereby issue this DROD, which will be published in the next edition of the Environmental Monitor on August 10, 2011 in accordance with 301 CMR 11.15(2), which begins the public comment period. The public comment period lasts for 14 days and will end on August 24,2011. During this period, DCAM should provide the additional information pertaining to MassDEP’s letter dated August 5, 2011. Based on written comments received concerning the DROD, I shall issue a Final Record of Decision or a Scope within seven days after the close of the public comment period, in accordance with 301 CMR 11.15(6). I hereby propose to grant the waiver requested for this project, which will allow DCAM to proceed with Phase 1 ofthe project prior to preparing a SEIR for the entire project, subject to the above findings and conditions.
August 10,2011 DATE Richard K. Sullivan, Jr.
Comments Received on the NPC:
07113/2011 Natural Heritage and Endangered Species Program 08/03/2011 Charles River Watershed Association 08/03/2011 T own of Medfield Board of Selectman 08/04/2011 William J. Massaro 08/05/2011 Massachusetts Department ofEnvirorunental Protection -CERO 08/05/2011 Massachusetts Department of Envirorunental Protection -CERO Bureau
of Waste Site Cleanup 08/08/2011 Massachusetts Division of Capital Asset Management
RKS/PPP/ppp
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