Notice of Project Change

Transcription

1 Commonwealth of Massachusetts Executive Office ofenergy and Environmental Affairs. MEPA Office Notice of Project Change For Office Use Only Executive Office of Environmental Affairs MEPAAnalyst: #olly a;j,iist11l Phone: /b0L3 The information requested on this form must be completed to begin MEPA Review of a NPC in accordance with the provisions of the Massachusetts Environmental Policy Act and its implementing regulations (see 301 CMR 11.10(1)}. EEA #14747 Project Name: Suffolk Downs Stabling Area & Racecourse Stormwater Improvements Street Address: 111 Waldemar Avenue Municipality: East Boston Watershed: Boston Harbor Universal Transverse Mercator Coordinates: Latitude: 42 23'53" N Longitude: 70 59'45" W Estimated commencement date: 3 rd quarter Estimated completion date: months 2014 following commencement Project Type: Infrastructure Improvements Status of project design: 25% complete and Racecourse support Progonent: Sterling Suffolk Racecourse LLC Street Address: 525 McClellan Highway Municipality: East Boston State: MA I Zip Code: Name of Contact Person: Corinne Snowdon Firm/Agency: E~silon Associates, Inc. Street Address: 3 Clock Tower Place, Ste. 250 Municipality: Maynard State: MA I Zip Code: Phone: (978) I Fax: (978) I csnowdon@epsilonassociates.com With this Notice of Project Change, are you requesting: a Single EIR? (see 301 CMR 11.06(8)) DYes i:8jno a Special Review Procedure? (see 301CMR 11.09) DYes i:8jno a Waiver of mandatory EI R? (see 301 CMR 11.11) DYes i:8jno a Phase I Waiver? (see 301 CMR 11.11) DYes i:8jno Which MEPA review threshold(s) does the project meet or exceed (see 301 CMR 11.03)? No MEPA review thresholds are exceeded. Effective January 2011

2 Which State Agency Permits will the project require? Massachusetts Department of Environmental Protection (MassDEP): Amendment to MassDEP Sewer Connection Permit; and Massachusetts Water Resources Authority (MWRA): Amendment to Sewer Use Discharge Permit. Identify any financial assistance or land transfer from an Agency of the Commonwealth, including the Agency name and the amount of funding or land area in acres: N/A PRO...IECT INFORMATION In 25 words or less, what is the project change? The Project involves abandoning the existing Concentrated Animal Feeding Operation (CAFO) located on land to be leased to Mohegan Sun Massachusetts, renovating the grandstand to accommodate horse stalls, and some other elements intended to improve racetrack operations on the Boston portion of the property. See full project change description below. Date of publication of availability of the ENF in the Environmental Monitor: May 23, 2011 Was an EIR required? DYes ~No; if yes, was a Draft EIR filed? DYes (Date: ) DNo was a Final EIR filed? DYes (Date: ) DNo was a Single EIR filed? DYes (Date: ) DNo Have other NPCs been filed? DYes (Date(s): [8JNo If this is a NPC solely for lapse of time (see 301 CMR 11.10(2)) proceed directly to ATTACHMENTS & SIGNATURES. PERMITS I FINANCIAL ASSISTANCE I LAND TRANSFER List or describe all new or modified state permits, financial assistance, or land transfers not previously reviewed : N/A Are you requesting a finding that this project change is insignificant? A change in a Project is ordinarily insignificant if it results solely in an increase in square footage, linear footage, height, depth or other relevant measures of the physical dimensions of the Project of less than 10% over estimates previously reviewed, provided the increase does not meet or exceed any review thresholds. A change in a Project is also ordinarily insignificant if it results solely in an increase in impacts of less than 25% of the level specified in any review threshold, provided that cumulative impacts of the Project do not meet or exceed any review thresholds that were not previously met or exceeded. (see 301 CMR 11.10(6)) [gi Yes D No; if yes, provide an explanation of this request in the Project Change Description below. 2

3 FOR PROJECTS SUBJECT TO AN EIR If the project requires the submission of an EIR, are you requesting that a Scope in a previously issued Certificate be rescinded? DYes 0No; if yes, provide an explanation of this request If the project requires the submission of an EIR, are you requesting a change to a Scope in a previously issued Certificate? DYes 0No; if yes, provide an explanation of this request: SUMMARY OF PROJECT CHANGE PARAMETERS AND IMPACTS Summary of Project Size & Environmental Impacts Previously reviewed LAND Net Change Currently Proposed Total site acreage 73.6 (-59.1) 14.5~ Acres of land altered Acres of impervious area 17.7 (-8.5) Square feet of bordering vegetated wetlands alteration Square feet of other wetland alteration Acres of non-water dependent use of tidelands or waterways ,346 BLSF (includes 44,649 Riverfront Area) (-64,297 BLSF); (-44,649 RFA) 3,049 BLSF; orfa STRUCTURES Gross square footage 402,000 4 (-124,744) 277,256 Number of housing units Maximum height (in feet) ~ I The fonner ENF site area included only the horse bam area within the City of Revere and the racetrack infield. 2 The site area for the currently-proposed NPC Project is located entirely within the City of Boston. The proposed bams, maintenance building, quarantine building, parking, and vehicular access are located north and west of the existing grandstand. There is a proposed process water pond and sewer force main located east of the grandstand within the existing racetrack. Most of the 14.5-acre Project site is located northwest of the existing grandstand. 3 The Project will result in a total reduction of impervious area of approximately five acres. 4 This total only considers the horse bams and does not include the clubhouse, grandstand, administration or maintenance buildings, adding an additional (approximately) 405,000 square feet. 5 This height considers only the horse barn area and not the existing grandstand or clubhouse, which reach up to 88 feet, and were not further increased in height by the previously-reviewed project. 6 This height is for new buildings only, excluding work inside existing buildings. Existing buildings will not be increased in height. 3

4 SUMMARY OF PROJECT CHANGE PARAMETERS AND IMPACTS (Continued) Summary of Project Size & Environmental Impacts Previously reviewed Net Change Currently Proposed TRANSPORTATION Vehicle trips per day N/A 0 N/A Parking spaces N/A ( -703) 106' WATERfWASTEWATER Gallons/day (GPO) of water use 20,494 (-6,063) 14,431 (potable supply for barns, stalls, maintenance) GPO water withdrawal 0 0 o(no new source withdrawal) GPO wastewater generation/ treatment Length of water/sewer mains (in miles) 36,000 (-22,881) 13,119 (sanitary flow from barn, stalls, maintenance, and daily production area flows for new Project only) Oll 0.2 (water) 0.6 (sewer) 0.2 (water) 0.6 (sewergravity and force main) Does the project change involve any new or modified: 1. conversion of public parkland or other Article 97 public natural resources to any purpose not in accordance with Article 97? DYes ~No 2. release of any conservation restriction, preservation restriction, agricultural preservation restriction, or watershed preservation restriction? DYes ~No 3. impacts on Rare Species? DYes ~No 4. demolition of all or part of any structure, site or district listed in the State Register of Historic Place or the Inventory of Historic and Archaeological Assets of the Commonwealth? D Yes ~ No 5. impact upon an Area of Critical Environmental Concern? ~Yes D No The Project will have positive water quality impacts on the ACEC by removing the threat of process water flow into Sales Creek. 7 The Project area currently has approximately 809 parking spaces, and this Project will remove approximately The previous ENF states zero miles of water/sewer mains, but plans filed with the previous ENF depict (and the ENF describes) a force main running from the process water holding pond to the BWSC sewer system. The prior ENF describes the force main as carrying only process water, and not sewage. The Proponent estimates that it installed 2,077 feet of force main to connect the holding pond to the B WSC system. No water mains were installed as part of the previously-reviewed project. 4

5 If you answered 'Yes' to any of these 5 questions, explain below: Under current permits, the racehorse facilities north of Sales Creek have the potential to discharge process wastewater into Sales Creek (part of the Rumney Marshes Area of Critical Environmental Concern [ACEC]) during significant storm events. This Project will consolidate racehorse and other racing facilities on the Boston portion of the property (thus eliminating racehorse-impacted flows to Sales Creek), reduce the Production Area from which process water may be generated by 80%, and reduce impervious area by over five acres. Therefore, the Project will improve water quality in both Sales Creek and the ACEC. PRO.JECT CHANGE DESCRIPTION (attach additional pages as necessary). The project change description should include: (a) a brief description of the project as most recently reviewed (b) a description of material changes to the project as previously reviewed, (c) if applicable, the significance of the proposed changes, with specific reference to the factors listed 301 CMR 11.10(6), and (d) measures that the project is taking to avoid damage to the environment or to minimize and mitigate unavoidable environmental impacts. If the change will involve modification of any previously issued Section 61 Finding, include a draft of the modified Section 61 Finding (or it will be required in a Supplemental EIR). PROJECT RECENTLY REVIEWED On May 16, 2011, the Proponent filed an Environmental Notification Form (ENF) for Suffolk Downs Stabling and Racecourse Stormwater Improvements at Suffolk Downs Racecourse in East Boston and Revere. On June 22, 2011, the project received a Certificate on the ENF, which stated that it did not require the preparation of an Environmental Impact Report (EIR). As outlined in the ENF, the Proponent proposed to construct facilities for the containment and management of process wastewater generated within the stable area (Production Area) during a 25-year storm event. The main component of process wastewater within the Production Area is precipitation that comes in contact with manure, feed, and bedding materials for horses. The previously-reviewed project was proposed to separate process and non-process stormwater with construction of a new wastewater system for process wastewater to meet the U.S. Environmental Protection Agency (EPA) requirements for an Individual National Pollutant Discharge Elimination System (NPDES) Permit for CAFOs. Following receipt of the Certificate on the ENF, the Proponent installed a process wastewater management system; new process wastewater drains led to a newly-built retention pond within the infield of the Suffolk Downs racetrack in Revere. That retention pond is within the 25-foot Riverfront Area of Sales Creek. Next to the retention pond, the Proponent also installed a pump station that allows the Proponent to pump process wastewater from the retention pond to the Boston Water and Sewer Commission (BWSC) sanitary sewer system within Walley Street. The Proponent also installed a "clean water" diversion system that collected non-process stormwater from most rooftops within the Production Area. The Proponent routed stormwater discharges from the "clean" diversion system through stormwater best management practices (BMPs) before they discharged through existing drain systems to Sales Creek. The Proponent also upgraded the racetrack stormwater management system, and sand filters were installed within the track area to provide additional treatment for runoff from the dirt racetrack before ultimately discharging to Sales Creek. 5

6 CHANGES TO THE PROJECT/PROPOSED PROJECT Change in Project Site Area: The previously-filed ENF included a site area of 73.6 acres, which included land in Revere covered by horse barns as well as the infield/racetrack area. The site area for the currently-proposed NPC Project is located entirely within the City of Boston. The proposed barns, maintenance building, quarantine building, parking, and vehicular access are located north and west of the existing grandstand. There is a proposed process water pond and process water force main located east of the grandstand within the existing racetrack in Boston. As currently planned, most of the 14.5-acre Project site is located northwest of the existing grandstand. As site design progresses, the final locations of barns and Project elements will be finalized (see Conceptual Project site figures in Attachment B). The Proponent has developed plans that allow for the continuation of Suffolk Downs as a thoroughbred racetrack by consolidating racing support facilities on the Boston portion of the property it maintains. Concurrent with this NPC, Mohegan Sun Massachusetts has submitted an NPC to the MEPA Office that involves construction of a Category 1 gaming facility on land leased from Sterling Suffolk Racecourse, LLC on the Revere portion of the property. Sterling Suffolk Racecourse, LLC is committed to preserving the jobs in its current workforce, preserving and enhancing the livelihoods of hundreds of people whose small businesses depend on the racing operation and the unique agribusinesses that support thousands of acres of working open space and family farms in the Commonwealth. Suffolk Downs' owners have invested over $50 million in racing operations alone since 2007 to preserve these jobs and continue racing. While maintaining that commitment to racing, Sterling Suffolk Racecourse, LLC has made it clear over the last several years that the future of racing at Suffolk Downs is in doubt absent gaming development on some portion of its larger property. This remains true now that Suffolk Downs is itself no longer an applicant for a gaming license and instead its tenant, Mohegan Sun Massachusetts, is an applicant on its own, separate, leased portion of the property in Revere. While racing and gaming operations will be separate and distinct and under separate ownership, rent revenue received by Sterling Suffolk Racecourse, LLC as a result of the lease with Mohegan Sun Massachusetts will allow for a SUbstantial investment to fulfill the longstanding commitment to racing. In addition, a successful gaming operation on the property adjacent to the racing facility will provide the opportunity to market thoroughbred horse racing to millions of new visitors to the region. Should Mohegan Sun Massachusetts earn a Category 1 gaming license and subsequently develop and open a gaming facility on the Revere portion of the Suffolk Downs property, and provided that current revenue formulas for the Racehorse Development Fund under Chapter 23K remain unchanged, Suffolk Downs is committed to continuing racing for at least the initial 15-year duration of Mohegan Sun Massachusetts' gaming license and, hopefully, well beyond. Sterling Suffolk Racecourse, LLC's Project, as revised, will abandon the existing CAFO located on the land to be leased to Mohegan Sun Massachusetts as well as racehorse and other racing support facilities on the Revere portion of the property by constructing new stable, exercise, maintenance, and support facilities for racing operations within and adjacent to the existing Suffolk Downs grandstand. Each Project element is described in the following table and narrative below. 6

7 Project Program (sf) r,,:,',;,. -." '":" " ~~ -, " Proposed Project New Construction Size (sf) Maintenance Building 12,000 3 Horse Barns* (each 42 stalls) 40,536 Quarantine Barn 4,000 Mortality Barn 720 total 5~256 (new) Renovation Grandstand (740 horse stalls) 200,000 Clubhouse/Link BuildinK 20,000 TOTAL 27~256 *Existing horse barns within Revere will be abandoned, and then demolished by others as part of a separate project. Grandstand Renovations: The first and second floors of the grandstand will be renovated into stables and support areas for horses. This 200,OOO-square-foot renovation will house approximately 740 horses. Horse Barns: Three new 13,512-square-foot horse barns, each containing 42 stalls, will be constructed adjacent to the grandstand. An additional 4,OOO-square-foot quarantine barn will also be constructed along with a new 720-square-foot mortality/storage barn. Training, Exercise, and Storage Areas: An approximately 400,OOO-square-foot support area for racing operations will include a track material storage area, a staging area for maintenance equipment and horse trailers, parking for maintenance and stable employees, feed trucks, and horse trailers, and training/exercise areas for the horses. Process wastewater from the animal holding areas, feed areas, and barn area will drain to ground or be piped into the BWSC sewer system. Clean runoff from roofs will be separated from process flows; new clean-runoff areas within the racing support area total approximately 1.6 acres. Racetrack Maintenance Building: A new 12,OOO-square-foot racetrack maintenance building will be built adjacent to the racetrack and grandstand. Clubhouse/Link Building Improvements The Project includes approximately 20,000 square feet of interior improvements to the existing clubhouse/link building to accommodating accessory functions that currently exist in the first floor of the grandstand. Given the proposed renovations to the grandstand, those uses will be relocated from their existing locations and will be transferred into the clubhousellink building. Pedestrian Accommodations and Landscaping As part of the Project, the Proponent plans to make landscaping improvements and to mark and enhance pleasant pedestrian pathways connecting different miscellaneous portions of the Project site. These improvements will create a more enjoyable pedestrian experience and improve the appearance of the Project site. 7

8 Wastewater Management Wastewater flows from the Project site will be piped via existing infrastructure to the BWSC system. Wastewater flows from the grandstand will flow via gravity to the existing 12-inch gravity line on the west side of that existing building that flows southerly into a pump station that discharges flow to the City of Boston sewer system in Waldemar Avenue. The proposed maintenance building and barns will also connect to the existing 12-inch gravity line. Process wastewater will result from precipitation that falls into the new Production Area and comes in contact with manure, feed, or bedding materials. All such process wastewater will be collected via a closed drainage system and pumped to a holding pond proposed in the racetrack infield. The wastewater will then be pumped to an existing four-inch force main that eventually discharges to the City of Boston sewer system at the southerly end of Waldemar Avenue. All process wastewater from the Project will discharge to the same point in the BWSC system as the existing CAFO Production Area that will be abandoned. In addition, a clean water diversion system will be installed in the new Production Area to reduce the amount of process wastewater collected and pumped to the City of Boston sanitary sewer system. This system will primarily collect stormwater runoff from roofs of the proposed barns. Relative to existing conditions, the proposed Project will significantly reduce the total amount of process wastewater discharging to the BWSC system. While the existing Production Area is 15.2 acres in size, the proposed Production Area will be only 2.9 acres. Therefore, the Project will reduce the amount of process water discharged to the BWSC system by approximately 80%. Stormwater Management Under existing conditions, with the exception of flows that enter the stormwater BMPs built as part of the previously-reviewed project, stormwater runoff from the Project site flows untreated and uncontrolled into Sales Creek. Those portions of the existing drainage system that the Applicant did not replace as part of the previous project were installed in the 1930s, prior to development of Stormwater Management Guidelines. The proposed stormwater management system will be designed to meet applicable MassDEP Stormwater Guidelines for a redevelopment project to the maximum extent practicable and will help control and treat runoff generated from the Project site. Mitigation measures will include stormwater treatment to reduce total suspended solids (TSS) by at least 80% using hydrodynamic separators and other accepted BMPs. The Project will reduce impervious surfaces by approximately 5.2 acres, thereby reducing the amount of runoff generated from the Project area. As described above, a dedicated process wastewater system with a clean water diversion system is being proposed to collect all surface runoff from the new, smaller Production Area. These measures will improve the quality and quantity of stormwater flowing from the Project site to Sales Creek. The total volume of stormwater ultimately discharging to Sales Creek will be lessened due to the reduction of impervious surface area in the Project area as well as the diversion of process water to the BWSC sewer system and elimination of racehorse-impacted flows to Sales Creek. 8

9 Benefits These Project changes have a number of significant benefits, including: Securing the ability to continue horse racing operations at Suffolk Downs, thus maintaining open and agricultural land throughout the Commonwealth; Eliminating the threat of process water entering Sales Creek; Reducing the area that could potentially generate process wastewater from 15.2 acres to 2.9 acres; Upgrading stormwater management system to comply with MassDEP Stormwater Management Guidelines; and Improving pedestrian accommodations on the Suffolk Downs racetrack site. SIGNIFICANCE OF PROPOSED CHANGES MEPA regulations at 301 CMR 11.10(6) define criteria for how the Secretary is to determine whether a Project change might significantly increase environmental consequences. These criteria are described below. (a) Expansion of the Project: The currently proposed Project will reduce environmental impacts: (1) the area producing process wastewater flows will decrease significantly relative to the previously-reviewed project from 15.2 acres to just 2.9 acres, and cleanrunoff diversion systems will be installed on over one acre of the new, smaller 2.9-acre Production Area; (2) the Project will reduce discharges to the BWSC system from the Production Area by approximately 80%, and there will be an overall decrease in process wastewater flows from the Project; (3) abandoning the existing CAFO Production Area will eliminate the threat of process wastewater flows into Sales Creek, and improved stormwater management will promote general benefits to water quality; (4) the Project will decrease impervious areas by over five acres; and (5) the additional elements proposed as part of the Project as described in this NPC do not trigger any additional MEPA review thresholds. Therefore, this does not constitute an expansion of the Project and environmental impacts will be less than those under the previously-reviewed project. (b) Generation of further impacts: In terms of environmental impacts, the proposed changes to the Project are not significant, and in most if not all cases the revised Project will have fewer potential impacts, and more benefits, than the previously-reviewed project: Process Water Management: The Proponent designed its current process wastewater management system to treat substantial process water flows from the existing 15.2 acre Production Area. The new racehorse and related support facilities will generate approximately 80% less process wastewater. This reduction in the Production Area, together with relocation of the Production Area to Boston and the decrease of impervious area by over five acres, will eliminate the potential for process wastewater to flow into Sales Creek and will lessen the Proponent's discharges of process wastewater to the BWSC sewer system. 9

10 Water and Wastewater: The Project will reduce discharges to the BWSC system from the Production Area by approximately 80%. There will be an overall decrease in wastewater flows from the Project. Water Quality: Various proposed Project elements will lead to enhanced water quality reaching Sales Creek, the Belle Isle Inlet, and Rumney Marshes ACEC. Abandoning the existing CAFO Production Area will eliminate the threat of process wastewater flows into Sales Creek, and reducing flows from the new Production Area by 80% together with improved stormwater management will promote general benefits to water quality. The proposed stormwater management system will be designed to meet applicable MassDEP Stormwater Standards to the maximum extent practicable and will help control and treat runoff generated from the Project site. Mitigation measures will include stormwater treatment to remove at least 80% TSS by using hydrodynamic separators and other accepted BMPs. The Project will reduce impervious area by over five acres, thereby reducing the amount of runoff generated from the Project site. Wetlands: There will be no impacts to wetland resource areas. Historic: The Project includes renovation of the clubhouse and grandstand, which are included in the Inventory of Historic and Archaeological Assets of the Commonwealth as contributing buildings to the Suffolk Downs Area (MHC No. BOS.209). (c) Change in expected dates: Since the original ENF project was completed prior to this revised NPC Project, the change in expected dates does not apply. Ideally, the Proponent would like to begin construction in July 2014, complete site improvements and grandstand renovations in April 2015, and complete the maintenance building in August (d) Change of the Project site: The previously-filed ENF included a site area of 73.6 acres, which included land in Revere covered by horse barns as well as the infield/racetrack area. The site area for the currently-proposed NPC Project is located entirely within the City of Boston. As currently planned, the proposed barns, maintenance building, quarantine building, parking, and vehicular access are located north and west of the existing grandstand. There is a proposed process water pond and process water force main located east of the grandstand within the existing racetrack in Boston. The majority of the 14.5-acre Project site is located northwest of the existing grandstand. As site design progresses, the final locations of the barns and Project elements will be finalized (see Conceptual Project site figures in Attachment B). (e) New application for a permit or new request for financial assistance or a land transfer: No new requests for financial assistance or land transfers are involved in the Project. (f) Delay in environmental or public benefits: The change in Project will not delay the realization of any environmental or public benefits. On the contrary, the proposed Project will have new environmental benefits, particularly by improving water quality within Sales Creek. (g) Lapse of time: This is not a Project involving a lapse of time, so this criterion is not applicable. 10

11 MITIGATION MEASURES Mitigation measures are described below: Water Use and Wastewater: Native plant materials will be used to promote water retention and minimize irrigation needs. Stormwater Management: Proposed stormwater management will improve existing conditions on the Project site and thus benefit downstream resources with improved water quality, including Sales Creek, Belle Isle Marsh, and the Rumney Marshes ACEC. Construction: Exits from the construction site will be covered with crushed stone, and wheel wash stations will be used to ensure that delivery trucks do not track dirt out of the construction site. The Proponent will also clean adjacent streets and sidewalks as needed to minimize dust and avoid entrainment in stormwater. The Proponent will also take appropriate precautions to prevent soil erosion, including preparing a Stormwater Pollution Prevention Plan (SWPPP) and submitting a Notice to Intent to the EPA for a National Pollutant Discharge Elimination System (NPDES) Construction General Permit. Construction work must be performed in accordance with applicable sections of the MassDEP Air Pollution Control Regulations (310 CMR 7.02 & 310 CMR 7.09). Many of the required measures reduce the amount of fugitive dust produced by construction. In addition, the Contractor will be required to take precautions while handling debris from any demolition on the site. Proper signage will allow pedestrians, vehicles, and bicycles to safely navigate around the construction site. Lastly, the construction management plan will include a spill response plan and rodent control measures as required by the City of Boston. All of these measures are tailored to ensure the impacts on the City are minimized during construction. 11

12 ATTACHMENTS & SIGNATURES ATTACHMENT A ATTACHMENT B ATTACHMENT C Secretary's most recent Certificate on this Project Plans List of all agencies and persons to whom the proponent circulated the NPC, in accordance with 301 CMR 11.10(7) Signatures: Date ature of Respo sible Officer Signat e of person preparing or Proponent NPC (if different from above) Chip Tuttle Holly Carlson Sterling Suffolk Racecourse llc Epsilon Associates, Inc. Boston, MA Clock Tower Place, Suite 250 Maynard, MA