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GROVE STREET APARTMENTS - CERTIFICATE OF THE SECRETARY OF EEA ON 2ND NPC . The Commonwealth of assachuset t.s = Ex-ecutive Office of Energy and EnvironmentaCAffairs 100 Cambridge Street, Suite 900 Boston, WA 02114 Charles D.Baker RECEIVED GOVER1+lOR Karyn E.Polito APR 18 2023 LOJTENANT GOVERNOR Tel:(617)626-1006 Matthew A,Beaton CITY OF SALEM Fax:(617)626--1081 SECRETARY BOARD OF HEALTH http://www.mass.gov/eea October 71,2016 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE SECOND NOTICE OF PROJECT CHANGE PROJECT NAME :Grove Street Apartments PROJECT MUNICIPALITY : Salem PROJECT WATERSHED : Worth Coastal EEA NUMBER : 15043 PROJECT PROPONENT : MRM Project Management,LLC DATE NOTICED IN MONITOR : September 7,2016 Pursuant to the Massachusetts Environmental Policy Act(MEPA;M.G.L. c. 30,ss. 61-621)and Section 11.10(6)of the MEPA regulations(301 CMR 11.00),I hereby determine that this project change does not require a Supplemental Environmental Impact Report(EIR). Project Change The project originally proposed adaptive re-use of a 17,000-sf commercial office and storage building located on the north side of the North River Canal at 60 Grove Street.The building is listed the Massachusetts Historical Commission's (MHC)Inventory of Historic and Archaeological Assets of the Commonwealth. The building's renovation and reuse was identified as a mitigation measure for impacts to other historic structures on site. The Proponent has determined that the building is structurally unsound and cannot be feasibly reused. Therefore,the building and associated parking spaces will be removed,and the area,which is located on filled tidelands adjacent to the North River Canal,will be converted temporarily to publicly-accessible open space. The parcel may be developed in the future; however,no long-term uses for the building site have been proposed. The Massachusetts Department of Environmental Protection(MassDEP)Waterways Regulation Program(WRP)issued an administrative approval of the building demolition on September 6,2016. EEA# 15043 2°d NPC Certificate October 7,2016 Original Project Description As described in the Draft EIR(DEIR),the first Notice of Project Change(NPC)and this 2nd Notice of Project Change(NPC2),the project consists of the redevelopment of the former Salem Oil& Grease factory site on Grove Street and Harmony Grove Road.The project includes demolition of existing buildings,bridges,and a chimney,and remediation of the site.The site is bifurcated by the North River Canal. South of the canal,the Proponent will construct129 apartments in three buildings, each with a gross floor area of 45,256 square feet(sf)and a maximum height of 49.2 feet. Apartment buildings will be located near a residential neighborhood along Beaver Street. Vehicular access to the apartment buildings and their parking areas will be provided by a reconfigured entrance on Grove Street south of the canal.The project will also include a multi-use path along the canal with a non-vehicular bridge crossing of the canal to provide pedestrian and bicycle access to Harmony Grove Road north of the site. Procedural History The Proponent filed an Environmental Notification Form(ENF)in April 2013. The potential impacts of a proposed vehicular bridge over the North River Canal were identified during the review of the ENF and were the focus of the Scope issued for the DEIR. The Proponent filed a DEIR in March 2014 that provided additional analysis of the project and its impacts. Comments on the DEIR from the Massachusetts Department of Environmental Protection(MassDEP)raised questions about the pennittability of the North River Canal vehicular bridge.The Scope for the FEIR focused on the need for a more robust analysis of alternative access routes to the site that would not require a crossing of the canal. The Scope also required additional analysis of the proposed stormwater management system,the project's compliance with M.G.L.Chapter 91 (c. 91)and its regulations at 310 CMR 9.00,and additional analysis of the project's Greenhouse Gas(GHG)emissions and mitigation measures. An NPC was filed in April 2015 that included a revised development proposal that eliminated the vehicular bridge and other changes that reduced impacts. It also provided additional information and analysis of the proposed stormwater system and stationary-source GHG emissions. The NPC included a request that the FEIR Scope be withdrawn and that no further MEPA review was wan-anted. The request was granted because the NPC was consistent with direction provided in the Scope and recommendations from MassDEP and it reduced environmental impacts. MEPA review of the project concluded with the issuance of a Certificate on the NPC dated May 8, 2015. Project Site The project site consists of five parcels located at 60 and 64 Grove Street and 1, 3,and 5 Harmony Grove Road in Salem.The total site area is 8.3 acres. It is bounded by Beaver and Silver Street residential neighborhoods to the south and west,by Harmony Grove Road and Harmony Grove Cemetery to the north,by commercial and industrial buildings to the northeast,and by Grove Street to the east.There is a significant change in grade from the project site to the higher elevation along Beaver Street and Silver Street. The Salem Oil&Grease Company occupied the site for 95 years,until 2006.The site comprises 2.15 acres of impervious surfaces,consisting of roadways and parking areas,office, industrial and 2 EEA# 15043 Zed NPC Certificate October 7,2016 storage buildings,wood and metal bridges,and other infrastructure.The site includes buildings listed on the Inventory of Historic Assets of the Commonwealth and is included within the Blubber Hollow historic area(SAL.A).The Salem Oil&Grease Company(MHC#SAL.A376)at 60,64/69 Grove Street included the 60 Grove Street commercial building now proposed to be demolished and a large industrial building on the south side,and is included in the Inventory of Historical and Archeological Assets of the Commonwealth. The North River Canal flows through the site from the west to the east. It is identified in the MassDEP Final Massachusetts 2010 Integrated List of Waters as a Category 5 impaired water body due to taste and odor,sedimentation/siltation,phosphorus,nitrogen,foam/floc/scum/oil slicks,aquatic macroinvertebrate bioassessments,debris/floatables/trash,and fecal coliform. Approximately 2.04 acres of the site is located within filled tidelands. The site includes various wetland resource areas.The Federal Emergency Management Agency's(FEMA)Flood Insurance Rate Map(FIRM)number 25009CO418G(effective July 16, 2014)indicates that the 100-year floodplain elevation on the project site is 10 feet North American Vertical Datum of 1988 (NAVD 88). Areas of Salem and Peabody adjacent to the North River have experienced considerable flooding due to constrictions that reduce the hydraulic capacity of the North River. The site is regulated under the Massachusetts Contingency Plan(MCP)and three Release Tracking Numbers(RTNs)have been assigned to the site(3-2131,3-22167,and 3-24908).The site plans identify three Activity and Use Limitation Areas(AULs)associated with RTN#3-2131. Environmental Impacts and Mitigation According to the NPC2,the change will reduce the impacts of the project compared to those described in the DEIR and NPC. The impervious area will be reduced from 3.2 acres to 2.8 acres.The project change will remove fill in the floodplain adjacent to the canal.The project will use 1,200 gallons per day less water and generate 1,125 gpd less wastewater.The number of vehicular trips will be reduced by 166 average daily trips(adt)and the number of parking spaces reduced by 11. The reduction in trips will reduce the project's overall trip generation to 895,which is below the ENF threshold. Project impacts associated with the remainder of the project will be unchanged. Permitting and Jurisdiction The project is undergoing MEPA review and is subject to an Environmental Notification Form (ENF)pursuant to 301 CMR 11.03 (3)(b)(1)(e), (3)(b)(5),(6)(b)(14), and(I0)(b)(1)because it requires a State Agency Action and it proposes new fill or structure in a regulatory floodway,new non-water dependent use of waterways or tidelands, generation of 1,000 or more new average daily vehicle trips (adt)on roadways providing access to a single location and construction of 150 or more new parking spaces at a single location, and demolition of historic structures listed in the Inventory of Historic and Archaeological Assets of the Commonwealth.A Chapter 91 (c. 91)License(No. 14054)was issued by MassDEP on April 27,2016. MassDEP issued a Superseding Order of Conditions(SOC)for the project (DEP File No. 064-0547)on July 8,2015. The project received a License(No. 13020)from the Massachusetts Bay Transportation Authority(MBTA)on March 12,2013,which approved the Proponent's Application for Entry upon MBTA Railroad,Transit or other Property. 3 EEA# 15043 2"d NPC Certificate October 7,2016 As noted previously,the project change requires an administrative approval from MassDEP which was granted.The project change may require an amendment of the SOC from MassDEP. The Salem Conservation Commission issued an Order of Conditions(DEP File No.64-604)for additional site remediation work not permitted by the SOC. The project has received approval through the pre-construction notification(PCN)from the US Army Corps of Engineers(ACOE)under Massachusetts General Permits 1,7,9, 14,and 17. It requires a National Pollutant Discharge System (NPDES)Construction General Permit(CGP)from the US Environmental Protection Agency(EPA). The project will be reviewed by MHC acting as the State Historic Preservation Officer(SHPO)pursuant to the National Historic Preservation Act of 1966,as amended(36 CFR 800). MEPA jurisdiction is limited to the subject matter of required State Agency Actions. Because the project requires a c.91 License for a portion of the site,subject matter jurisdiction is functionally equivalent to full scope jurisdiction,in accordance with 301 CMR 11.0 1(2)(a)(3).Therefore,MEPA jurisdiction for this project extends to all aspects of the project that are likely,directly or indirectly,to cause Damage to the Environment as defined in the MEPA regulations. These include wetlands, waterways,traffic/transportation,historic resources,contamination,and construction period impacts. Review of the NPC The NPC2 provided site plans,a description of the project change and demonstrated that project will reduce environmental impacts. The site will be maintained as publicly-accessible open space until a development plan for the site is proposed and approved. During the review period,the Proponent provided copies of the SOC,c. 91 License,and MBTA license. The clean-up of the site is proceeding in accordance with the MCP and the Proponent submitted a Phase IV Remedy Implementation Plan to MassDEP in June 2016. As noted above,MassDEP's WRP has already issued an administrative approval of the building demolition. The Proponent has filed a request with the Salem Historical Commission(SHC)for a waiver from the City's Demolition Delay Ordinance. The Proponent should consult with MHC and the SHC regarding any necessary mitigation measures,such as photo-documentation or preservation of any interior or exterior features. The Proponent is reminded that demolition activities must comply with MassDEP's Solid Waste and Air Quality Control regulations,pursuant to M.G.L. Chapter 40, Section 54.These regulations include requirements regarding recycling of construction and demolition(C&D)waste and handling of asphalt,brick and concrete(ABC). Removal and handling of asbestos or comply with MassDEP's regulations at 310 CMR 7.15,including notification to MassDEP ten day prior to removal of asbestos. Conclusion Based on the information presented in the NPC2 and consultation with State Agencies,I find that additional MEPA review is not warranted. Future development of the site may require the filing of another Notice of Project Change and additional State and local approvals. I recommend the Proponent consult with the MEPA Office when a development plan is proposed. 4 EEA# 15043 2"d NPC Certificate October 7,2016 October 7.2016 Date Matthew A.Beaton Comments received: 09/07/2016 Board of Underwater Archaeological Resources (BUAR) 5 EEA# 15043 2nd NPC Certificate October 7,2016 October 7. 2016 Date Matthew A.Beaton Comments received: 09/07/2016 Board of Underwater Archaeological Resources(BUAR) 5 The COMMONWEALTH OF MASSACHUSE`I TS, BOARD OF UNDERWAnat ARCHAEOLOGICAL RESOURCES EXCUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFARIS 251 Causeway Street,Suite 800,Boston, MA 02114-2136 Tcl,(G17)626-I 1•i 1. Fax(6V)62G-1Z10 Web Buss:NvNvw.mass;govleca/agencies/czntJb i/ September 7,2016 Secretary Matthew A.Beaton Executive Office of Energy and Environmental Affairs Attention:Alex Strysky;MEPA Unit 100 Cambridge St.,Suite 900 Boston,MA 02114 RE: Grove Street Apartments,60&64 Grove Street and 3 Harmony Grove Road,Salem Notice of Project Change(EEA#15043) Dear Secretary Beaton, The staff of the Massachusetts Board of Underwater Archaeological Resources has reviewed the above referenced project's Notice of Project Change (EEA05043) and supporting materials prepared by Griffin Engineering Group, LI,C on behalf of MRM Project Management, L1,C. The Board considers this project unlikely to adversely impact submerged.cultural resources. However, should heretofore-unknown submerged cultural resources be encountered during the course of the project, the Board expects that the project's sponsor will take steps to limit adverse affects and notify the Board, as well as other appropriate agencies in accordance with the Board's Policy Guidance far the Discovery of Unanticipated Archaeological Resources. The Board appreciates the opportunity to provide these comments. Should you have any questions regarding this letter, please do not hesitate to contact me at the address above,by telephone at(617) 626-1141 or by email at vietor.nlastoneCdstate.ma.us,, Since el),, Victor T. Mastone Director lvtm to Printed on Recycled Paper I - - .