ࡱ> IKHM .bjbj== ?@WWJ*Tl>>>>>>>Rr r r 8 4R'  !!!!A!$q'$) +'> 'T>> 'TTT "> > !T !TTnrb T>>b! JQR r .  b!,'0' J,D J,b!TRR>>>> July 24, 2003 CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM and DRAFT RECORD OF DECISION PROJECT NAME : Hickory Hill Estates II PROJECT MUNICIPALITY : Shrewsbury PROJECT WATERSHED : Blackstone EOEA NUMBER : 12744/12348 PROJECT PROPONENT : Sylvan Realty DATE NOTICED IN MONITOR : May 7, 2003 Pursuant to the Massachusetts Environmental Policy Act (G. L. c. 30, ss. 61-62H) and Sections 11.06 of the MEPA regulations (301 CMR 11.00), I determine that this project does not require the preparation of an Environmental Impact Report (EIR). Furthermore, I propose to grant a Waiver (as defined herein) allowing it to proceed to the state permitting agencies, prior to completion of a Final Comprehensive Wastewater Management Plan/EIR by the Assabet River Consortium. Background The City of Marlborough and the Towns of Hudson, Maynard, Northborough, Shrewsbury, and Westborough have joined to form the Assabet River Consortium (hereinafter, the Consortium) to identify and address the short- and long-term issues related to wastewater treatment and nutrient loading into the Assabet River. The Consortium has committed to preparing a Comprehensive Wastewater Management Plan/EIR (CWMP/EIR), which is intended to provide the foundation for restoring and preserving the water quality of this important waterway. The Certificate on the Environmental Notification Form for the CWMP/EIR (EOEA #12348, dated January 24, 2000) stipulated that any and all proposed sewer extensions within the Consortium communities that required a permit from the Department of Environmental Protection (DEP), would also require submission of a Waiver Request, to allow the project to proceed in advance of completion of the Final CWMP/EIR. The project proponent would be required to demonstrate that the sewer extension meets the tests set forth at Section 11.11 of the MEPA regulations. Specific items to be addressed in the request include whether there is adequate capacity at the applicable wastewater treatment facility, whether future wastewater options that would keep water local would be precluded, and whether adequate mitigation commitments are in place (such as stormwater management, water conservation measures, and Inflow/Infiltration (I/I) removal). In general, the proponent has met the standards for granting a Waiver, as detailed in this Certificate. Project Description The proposed project involves construction of a 32-lot single-family residential development on a 32.7-acre parcel in the Town of Shrewsbury. Two access driveways will be constructed off Grafton Street: one by extending Hickory Drive, and another proposed entrance at Crimson Drive. Although the project name implies a multi-phased development, the Environmental Notification Form (ENF) represents the total project, consisting of Phase II and I, and further build-out of the parcel is not anticipated. However, a Notice of Project Change (NPC) must be filed with the MEPA Office, should these plans materially change. Jurisdiction The project is subject to environmental review pursuant to 301 CMR 11.03 (5)(b)(3)(c) of the MEPA regulations since it will involve construction of more than mile of sewer mains not in the right-of-way of existing roadways; and 11.03 (6)(b)(2)(c) because construction of the subdivision roadway will result in the relocation of more than 300 feet of stone wall. The project requires a Sewer Connection/Extension permit and 401 Water Quality Certification from DEP. The Shrewsbury Conservation Commission has already issued an Order of Conditions for alteration and replication of bordering vegetated wetlands. A National Pollutant Discharge Elimination Permit from the U.S. Environmental Protection Agency will be required due to construction-related impacts. The proponent is not seeking financial assistance from the Commonwealth. Therefore, MEPA jurisdiction extends to those aspects of the project, within the subject matter of required permits, with the potential to cause significant Damage to the Environment. In this case, MEPA jurisdiction extends over impacts to land, wetland resources, stormwater, water supply, water quality, and wastewater. Waiver Request On April 16, 2003, the proponent requested that I grant a waiver to allow the project to proceed in advance of completion of the Final CWMP/EIR by the Consortium (noticed in the May 7, 2003 Environmental Monitor). The proponent subsequently submitted a Notice of Project Change (NPC) requesting a waiver in accordance with review procedures. As described in the ENF and the NPC, the project requires construction of 0.95 miles of sewer pipeline, and 0.57 miles of water pipeline to serve the subdivision. Criteria for a Phase I Waiver Section 11.11 of the MEPA Regulations provides that the Secretary may waive any provision or requirement of 301 CMR 11.00 not specifically required by MEPA, and may impose appropriate and relevant conditions or restrictions, provided that the Secretary finds that strict compliance with the provision or requirement would: a) result in undue hardship to the proponent, unless based on delay in compliance by the proponent; and b) not serve to minimize or avoid damage to the environment. In the case of a waiver of a mandatory EIR review threshold that would allow the proponent to proceed with the project prior to completion of a Final EIR, this finding shall be based on one or more of the following circumstances: 1) the potential environmental impacts of Phase I are insignificant; 2) ample and unconstrained infrastructure and services exist to support Phase I; 3) the project is severable, such that Phase I does not require the implementation of any other future phases; and 4) the agency action on Phase I will contain conditions that ensure due compliance with MEPA. Findings Based upon the information submitted by the proponent and after consultation with the relevant state agencies, I find that: The potential impacts of the project (land alteration, wetlands resource impacts) are insignificant. According to the ENF, approximately 2,624 sf of bordering vegetated wetlands and 322 sf of riverfront area will be permanently altered to construct the subdivision. To compensate for this loss, the proponent has committed to replicate approximately 5,858 sf of wetlands in contiguous uplands (a 2.2:1 ratio). The constructed wetlands will be monitored for 2 years to ensure successful regrowth. To minimize erosion and sedimentation during the construction process, the proponent will use staked haybales and silt fences. In addition, 190,548 sf (4.37 acres) of the site will be preserved as open space, consistent with the existing the Shrewsbury Open Space Plan. The proponent should also obtain a conservation restriction that will protect this open space in perpetuity, and restrict further build-out of the site, since local by-laws only restrict development of such areas for a period of three years. The balance of the parcel, approximately 28 acres, will be developed into clustered residences. Wetlands loss will be mitigated, and a significant area will be preserved as open space, minimizing the impacts of the project. 2. Ample and unconstrained infrastructure exist. According to the Waiver Request, there is adequate capacity in the existing water and sewer mains along Bittersweet and the Arrowwood Drive pump station to accommodate the project. The proponent has consulted with the Shrewsbury Sewer Commission and the Westborough Wastewater Treatment Plant, and determined that there was adequate capacity to manage the project flows. The proponent must also commit to implementing an infiltration/inflow (I/I) removal plan and consult with DEP regarding appropriate measures to offset the projects wastewater flows. 3. The proponent has committed to implementing best management practices under DEPs Stormwater Management Policy to control post-development runoff from the site. The proposed measures include installation of manholes, hooded catch basins with deep sumps, onsite infiltration/detention basins, grassed swales, and emergency spillways for flood control. Due to the extent of wetlands resources near the site, it is imperative that the stormwater management system achieves the required pollutant removal rates to protect water quality. The Shrewsbury Conservation Commission has included stormwater management controls in the Order of Conditions issued for the project. DEP will also evaluate the proposed plan during the 401 Water Quality Certification process, to ensure that stormwater runoff does not exceed pre-development levels, and that the project impacts are mitigated to the greatest extent possible. The proponent will be responsible for, and has committed to, regular maintenance of all stormwater management facilities. 4. The proponent has committed to contributing to the Water Conservation Fund, which has been established by the Town of Shrewsbury, as required by DEP. The town is currently in violation the Water Management Act for exceeding permitted withdrawal limits. The funds will be directed to developing and implementing water conservation projects. The proponent has committed to installing water-conserving devices, including low-flow plumbing, and lawn sprinklers will be prohibited. 5. The project is severable, since the project under consideration is the complete project, and no further site build-out is contemplated. 6. Delay in implementing this project would not serve to avoid or minimize Damage to the Environment. 7. Agency action on the project will contain conditions that ensure due compliance with MEPA. The required Sewer Extension/Connection permit and 401 Water Quality Certification from DEP will stipulate that the maximum permitted flows to the Westborough Wastewater Treatment Plant will be limited to 15,000 gpd. Based on these findings, it is my judgment that the Waiver Request has merit and meets the tests established in Section 11.11. Therefore, I propose to grant the waiver requested for this sewer construction project, subject to the above findings. I find that the potential impacts of this project do not warrant the preparation of an EIR. This Draft Record of Decision shall be published in the next issue of the Environmental Monitor for a fourteen-day comment period, after which I shall reconsider, modify, or confirm the waiver. 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