The Commonwealth of Massachusetts SS g Executive Office of Energy and Environmental Affairs x 100 Cambridge Street, Suite 900 Boston, MA 02114 Deval L. Patrick GOVERNOR Timothy P. Muay LIEUTENANT GOVERNOR, Tel: (617) 626-1000 Richard K, Sullivan, be Fax: (617) 626-1181 SECRETARY hutp:/www.mass.govienvir January 14, 2011 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS. ON THE FINAL ENVIRONMENTAL IMPACT REPORT PROJECT NAME: Walmart Store (formerly Home Improvement Store of North Adams) PROJECT MUNICIPALITY. North Adams PROJECT WATERSHED: Hudson River BOEA NUMBER: 13578 PROJECT PROPONENT: BYS 5401 Investors, LLC DATE NOTICED IN MONITOR: December 8, 2010 Pursuant to the Massachusetts Environmental Policy Act (G. L., . 30, ss. 61-621) and Section 11.08 of the MEPA regulations (301 CMR 11.00), I hereby determine that the Final Environmental Impact Report (EIR) adequately and properly complies with MEPA and its implementing regulations. I continue to urge Walmart to join us as we move towards a clean energy economy and a sustainable future by powering its Massachusetts stores with renewable energy. As noted in the October 1, 2010 Certificate on the Draft EIR/Notice of Project Change (NPC), Walmart has many stores throughout Massachusetts and is continuing to expand here. Walmart has proposals for new stores in Salem (EEA #14532), Wareham (EEA #14634) and North Adams and a proposal to expand its existing store in Northborough (EEA #14679). Amongst other environmental impacts, Walmart stores are large energy users and generate considerable traffic, both of which result in significant emissions of greenhouse gases (GHGs) that contribute to global climate change. Fortunately, Walmart has made public commitments to reduce energy use and minimize the environmental impacts of their stores nationwide. For exaraple, WalmartBEA #13578 Final EIR January 14,2011 has a publicly stated goal of being 100% supplied by renewable energy and it recently announced plans to partner with Solar City Corporation to install solar photovoltaic (PV) systems at 20 to 30 Walmart stores in California and Arizona. Walmart has also set a notable goal of designing a prototype store this year that will increase overall energy efficiency by 25- 30% and has stated that it is committed to developing and implementing innovative energy efficient technology for use in both existing and new stores With respect to stores in Massachusetts, the project proposed in North Adams represents a significant improvement in Walmart’s commitment to energy efficiency. The Final EIR includes increases in the efficiency of the refrigeration system, further increases in wall and roof insulation, and use of LED lighting in the parking lot and for signage. The total package of measures is estimated to reduce stationary source GHG emissions by 23.1% as compared to the current state building code. While I am pleased with this progress and the impact it will have on energy use and GHG emissions at the proposed North Adams store, I continue to urge Walmart to make a significant commitment to sustainability and the burgeoning solar industry in Massachusetts by incorporating solar PV into new buildings such as this one. Tn addition to furthering Walmart’s goal of utilizing 100% renewable energy, this would help meet Governor Patrick’s established goal of achieving universal adoption of solar power at new large retail stores in Massachusetts. Many other businesses, retailers and homeowners in Massachusetts have already taken the forward-looking step of installing solar PV on their businesses and homes as an immediate measure to reduce fossil-fuel use while decreasing their energy costs. Through the availability of state and federal subsidies and other incentives, roughly 70 megawatts (MW) of new solar power has been installed or is im process in Massachusetts in the last four years alone. Given Walmart’s stated goal of being a leader in adoption of renewable energy, I continue to ask Walmart to expand its solar initiatives to Massachusetts, as so many others in this state have already done. 1 continue to offer technical assistance for such an effort from the Commonwealth and its Division of Energy Resources (DOER). Project Description ‘As described in the Draft EIR/NPC and the Final EIR, the proposed project consists of the redevelopment of 26.7 acres of a former gravel site located on Curran Memorial Highway (Route 8) in North Adams. The project involves the construction of an approximately 157,000 square foot (sf) Walmart store to replace the existing Walmart in North Adams. Primary access is proposed via a signalized intersection at Route &/Route 8A. Secondary access is proposed via an unsignalized intersection on South State Street. Construction is anticipated to take 15 to 18 months. ‘MEPA History A Certificate on the ENF was issued on August 8, 2005 for development of a 180,000 sf retail center on the eastern side of a 41-acre site. It included a 137,000 sf home improvement store with a 32,000 garden center, a 5,500 sf restaurant and a 4,500 sf bank with drive-through access. The Proponent for the retail center opted to develop an alternative site at the North Adams Plaza which was subsequently reviewed by MEPA (EEA # 14180).EEA #13578 Final EIR, January 14,2011 A Draft EIR/NPC was filed consistent with the lapse of time provisions within the MEPA regulations (310 CMR 11.10 (2)). The Draft EIR/NPC identified several changes to the proposed retail development, including: a reduction in the size of the project site to 26.7 acres; development of a single 157,000 Walmatt store; elimination of proposed work within the iverfront area; and improvements to the stormwater management system. Project Site ‘The project site is located in an industrial zoning district. The site was occupied by a gravel mine and rock crushing plant from 1945 to 1998 and is heavily disturbed, in addition, it has been used as an auto salvage yard and a storage yard for construction equipment. It is ‘bordered by Route 8 and retail/commercial uses to the east, a perennial stream and undeveloped land to the north, an intermittent drainage channel to the west and South State Street and commercial uses to the south. A portion of the riverfront area associated with the perennial stream crosses the northwest comer of the project site. It includes several structures associated with previous activities on the site. Since the filing of the ENF, site preparation work associated with the closure of gravel operations and site grading has been conducted and MassDEP has issued a Unilateral Administrative Order (UAO) to address wetlands violations. In addition, the Proponent is taking steps to address solid waste disposal on the site Jurisdiction and Permitting The origina) project was subject to MEPA review and a mandatory Environmental Impact Report (EIR) pursuant to Section 11.03 (1)(a)(2), (6(a)(6) and (6)(b)(15) of the MEPA regulations because it requires a Permit and will result in the creation of more then 10 acres of impervious area, generate more than 3,000 new average daily trips on roadways providing access to a single location, and construct more than 300 new parking spaces at a single location. The project requires an Access Permit from the Massachusetts Department of Transportation (MassDOT) and it may require a Sewer Extension Permit from MassDEP" In addition, it requires a National Pollutant Discharge Elimination System (NPDES) Construction General Permit from the U.S. Environmental Protection Agency (EPA), an Order of Conditions from the North Adams Conservation Commission and a Special Permit and Site Plan Approval from the North Adams Planning Board. The Draft EIR/NPC indicates that the North Adams Planning Board voted to approve the Site Plan and Special Permit on March 8 2010. The Conservation Commission voted to issue an Order of Conditions on November 16, 2010. The proponent is not seeking financial assistance from the Commonwealth, Therefore, MEPA jurisdiction extends to those aspects of the project that are within the subject matter of required or potentially required state permits with the potential to cause Damage to the Environment as defined in the MEPA regulations. In this case, MEPA jurisdiction extends to "The Final EIR indicates that the Proponent will not be required to file a Sewer Extension Permit if the North ‘Adams Plaza project (EEA #14180) and its sewer extension is constructed prior tothe commencement of construction,EEA #13578 Finaf EIR January 14, 2011 Jand alteration, transportation, wastewater, solid waste/hazardous waste and greenhouse gas emissions (GHGs). Environmental Impacts The Final EXR indicates that the project will alter 21 acres of land, create 12.2 acres of impervious surfaces, including 701 parking spaces, permanently alter 500 sf of riverfront area (RA) and generate 10,600 gallons per day (gpd) of wastewater. The Final EIR includes slightly lower trip generation rates of 8,342 new average daily vehicle trips (adt) (unadjusted) on a weekday and 10,058 adt (unadjusted) on a Saturday. When adjusted for pass-by trips, traffic generation is reduced to 6,256 adt on a weekday and 7,544 adt on a Saturday.? Measures to avoid, minimize and mitigate environmental impacts include a commitment to reduce greenhouse gas emissions, avoidance and minimization of work within riverfront area, development of a stormwater management plan consistent with the Wetlands Protection Act stormwater regulations, signal and roadway improvements, provisionof an on-site bus shelter for transit access and development of a Transportation Demand Management (TDM) Program. Review of the Final EIR The Final EIR/NPC includes existing’ and proposed site plans, provides an update on. local reviews and approvals, includes a revised GHG analysis, a revised traffic analysis and revised Draft Section 61 Findings (in the form of a Letter of Commitment) for the MassDOT Access Permit. The Final EIR addresses how information regarding land alteration and impervious surfaces was developed and provides additional information on activities occurring since the filing of the 2005 ENF, including the issuance of an Order of Conditions for the closure of the gravel pit, the issuance of a Unilateral Administrative Order (UAQ) by MassDEP to address violations of the Order of Conditions, including requirements for immediate and long-term stabilization of the site, and solid waste investigations and clean-up activities. ‘The Final EIR includes site grading and drainage plans and a stormwater management plan. Stormwater management includes deep sump catch basins, subsurface detention, an infiltration basin and a large rain garden along the eastern side of the property. As requested by the Berkshire Regional Planning Commission (BRPC) and North Adams First, a planting plan is included in the Final EIR. The Final EIR indicates that specific information regarding invasive species will be provided in the SWPPP. ® ‘The Draft EIR/NPC analyzed trip generation based on a 160,000 sf store. The Final EIR used the proposed 157,000 sf store ° The Final EIR includes two existing conditions plans that document some changes to the site since the filing of the 2005 ENF, including the Existing Conditions Exhibit Taken From Survey Dated 11/29/2007 (Sheet EX-2) and the Existing Conditions Exhibit Taken From Survey Dated 3/13/2009 (Sheet EX-1). 4EBA #13578 Final BIR January 14, 2011 Comments ftom MassDEP indicate that the site is currently in compliance with the UAO, that the permanent stabilization of the site will be completed after the solid waste remediation plan is approved by MassDEP and indicate the Proponent is preparing the remediation plan for MassDEP review and approval. Greenhouse Gas Emissions ‘The Final EIR provides a revised GHG analysis that reflects additional mitigation commitments. The analysis quantifies the direct and indirect CO; emissions associated with the project's energy use and transportation-related emissions. The GHG analysis evaluates CO, emissions for two alternatives: 1) a Base Case corresponding to the 7" Edition of the Massachusetts Building Code (International Energy Conservation Code 2009 with front end, amendments) and 2) a Preferred Alternative, which includes energy efficiency measures. The EQUEST program was used to conduct the GHG analysis. Electrical use associated with refrigeration and exterior lighting are not included in the EQUEST modeling but are analyzed separately (Table B-1). Project-related CO; emissions are associated with direct emissions from natural gas combustion for heating, hot water and cooking and indirect emissions from project generated motor vehicle trips and electricity used for lighting, refrigeration, and building cooling and ventilation. The analysis indicates that the Preferred Alternative would reduce total stationary source GHG emissions compared to the Base Case by 23.1% (a slight increase compared to 21.6% identified in the Draft E1R/NPC) and transportation emissions by 2% for a combined reduction of 12.3%. ‘The Final EIR indicates that additional reductions were achieved through the following: increased wall insulation (from R-12.5 to 16)"; increased roof insulation (from R-21 to R-24); increased efficiencies in the refrigeration system design (vertical doors won mild and carton, dairy cases, ice cream, pizza, boxed meals, frozen vegetables and pre-seasoned specialty meat products; night screens will be used on cases without doors; and high efficiency fans and electric defrost for all cases); and use of LED lighting for exterior lights and signage. Transportation emissions were analyzed using the US EPA MOBILE 6.2 Mobile Source Emission Factor Model. The GHG analysis estimated CO emissions for the 2015 No-Build, the 2015 Build without Mitigation, and the 2015 Build with Mitigation, Measures to reduce transportation emissions include roadway and signal improvements and a TDM Program, including provision of an on-site bus shelter for BRTA service, funding for an additional four BRTA shelters along the route, identification of an Employee Transportation Coordinator (ETC) and other measures. Transportation/Traffic ‘The Final EIR presents a revised traffic analysis including changes to the proposed access plan, inclusion of traffic associated with Greylock Glen in the future traffic conditions, updated + [note that itis unclear whether additional wall insulation was included in the GHG analysis (Appendix 1-1); however, it i included as a commitment in the Final EIREEA #13578 Final EIR January 14, 2011 motor vehicle crash data and additional TDM commitments. Measures to mitigate traffic impacts include geometric and traffic signal improvements at the main access drive and geometric improvements at the secondary access drive, The Final EIR proposes to retain the existing South Jug Handle as requested by MassDOT and BRPC and includes a revised TDM program. With proposed improvements, the Route 8/site drive intersection is projected to operate at an overall LOS C during the weekday evening and Saturday midday peak hours. The safety crash data indicate that the intersection of Route 8 and Main Street is above the average rate for Division One. The Final EIR indicates that this intersection has bent redesigned and will be re-constructed as part of a joint MassDOT/City of North Adams downtown streetscape improvement project. ‘The Draft EIR/NPC identifies TDM measures that will be employed to reduce the amount of vehicle trips generated by the project (GHG Analysis, Section 4.3) and these commitments are detailed in the Mitigation section below. It includes a new commitment to fund the purchase, permitting and installation of four additional bus shelters along the BRTA transit route to increase transit ridership. The Final EIR indicates that pedestrian and bicycle access will be addressed during permitting. In addition, the Final EIR includes a commitment to a traffic monitoring program. During the review period, the consultant for the Proponent, Barry S. Porter and Associates, provided a letter dated January 10, 2011 clarifying the TDM commitment and noting that it will provide “reasonable incentives for employee transit use.” ‘Comments from MassDOT and BRPC indicate that changes to the roadway design and additional information regarding traffic volume and safety addresses related concerns identified in comments on the Draft EIR/NPC. Jn light of the significant trip generation associated with this project, comments from state agencies and the BRPC recommend the strengthening of the TDM program through inclusion of a transit subsidy program for employees. BRPC comments note that provision of bus shelters will not increase transit ridership, although they may provide operational benefits, because they will not address the primary disincentives to transit use. BRPC comments assert that the proposed TDM Program is unlikely to achieve the targeted reductions (i.e. 16% reduction in employee drive-alone commuting) and request that the Proponent survey employees to assess the effectiveness of the TDM Program and, if it does not meet the identified 16% reduction, work with BRPC to develop additional TDM measures. | recommend that MassDOT consider incorporation of this request into the traffic monitoring program. Comments from MassDOT indicate that it will require a revised letter of commitment that includes a transit subsidy program for employees prior to the issuance of a Section 61 Finding for the project. Also, the comments indicate that the letter should be revised to include all of the TDM commitments included in the Final EIR and the GHG analysis. The MassDOT comment letter addresses items that should be included in the traffic monitoring program, including reporting on progress of the TDM program Wastewater Project wastewater will be discharged to the existing municipal sewer system to the south 6BEA #13578 Final EIR January 14,2011 of the project site, which ultimately flows to the Town of Adams wastewater treatment facility. As requested, the Final EIR includes an amended inter-municipal agreement (IMA) between the Town of Adams and City of North Adams, under which Adams provides sanitary sewer service ta small portion of North Adams to include wastewater associated with the project site. In addition, it indicates that the project will not require a Sewer Extension Permit if the North Adams Plaza project (EEA #14180) and its proposed sewer extension is constructed prior to the ‘commencement of construction. Solid and Hazardous Waste ‘The Final EIR indicates that the existence of asphalt, brick, concrete, and miscellaneous debris was identified at the project site. In addition, non-friable asbestos laden tile, concrete and mastic were observed above ground in two locations. The Final EIR indicates that a work plan for surface asbestos remediation at the site was submitted to MassDEP, approved and the required work was completed. The Proponent hired a licensed abatement contractor to clean the soil surface and remove floor tiles containing asbestos. in addition, it indicates that an assessment of subsurface conditions on the western portion of the site identified asphalt, brick and concrete but did not identify additional construction materials or asbestos-containing material. ‘The Proponent is developing plans for additional remediation that will be submitted to MassDEP for review and approval. ‘Comments from MassDEP note that the Proponent is working to address improper isposal of solid waste at the site, that site remediation is ongoing pursuant to 310 CMR 19.150 and that the site may be eligible for review under 30 CMR 19.060 Beneficial Use Determination (BUD). Project Mitigation ‘The Final EIR includes a commitment to the measures listed below to avoid, minimize and mitigate project impacts: ‘* The building, refrigeration system and exterior lighting are designed to reduce stationary source GHG emissions by 23.1% compared to the Base Case. The design includes: increased wall insulation (R-16); increased roof insulation (R-24); increased efficiencies in the refrigeration system through high efficiency fans, electric defrost, doors on many of the refrigerated cases and night screens on cases that do not have doors; use of LED lighting for exterior lights and signage; super energy efficient HVAC system (average EER of 12.1 - 14.6) with Demand Control Ventilation (DCV) and enthalpy controls; double paned low-e glass windows (U-value of.33); light power density of 1.21 watts/sf through use of fluorescent fixtures with T-8 lamps and daylight harvesting (180 skylights within the sales area with electronic dimming ballasts tied to computer-controlled daylight sensors); an Energy Management System (EMS); and a ceol roof. * Additional measures to reduce stationary source GHG emissions include: construction of a solar-ready roof.; HVAC duet sealing and insulation; building commissioning: water conserving fixtures; an operations Waste management program; a construction wasteEEA #13578 Final EIR January 14, 2011 program and sale and promotion of Energy Star products. ‘© Measures to reduce traffic impacts, air pollutants and GHG emissions include: roadway and signal improvements, provision of transit access and development of a TDM Program to encourage alternative forms of transportation, * Construction of a full access drive at Route 8/Route 84 (Hodges Cross Road)/South Jug Handle will include widening of the northbound approach to include a left-turn lane and two through lanes; widening of the southbound approach to include a left-turn lane, two through lanes, and a right-tum lane; provision of exclusive left-turn lanes at the westbound and easthound approach; and, modification of signal phasing to support the exclusive lefi-tum phasing ‘* Construction of a secondary access drive with South State Street will include one lane in each direction. * BRTA bus service will be supported on-site through construction of a bus shelter and pedestrian access to and from the shelter. In addition, Proponent provide funding for the procurement, permitting and installation of four additional BRTA shelters along the existing BRTA route, * The TDM Program will include identification of an Employee Transportation Coordinator to promote and publicize transit use, ridesharing programs and other provisions of the TDM Program; ridesharing support through carpool matching programs, preferential parking for rideshare and a Guaranteed Ride Home Program; stance in vanpool formation.; on-site food service; bicycle racks and employee lockers; flex-time work schedules; direct deposit and participation in the EPA SmartWay ‘Transport Partnership. + Execution of a transportation monitoring program, upon site construction and occupancy, which will provide data to MassDOT annually for a minimum of five years, including information on the effectiveness of TDM measures. * A commitment to provide a self-certification to the MEPA Office signed by an appropriate professional (e.g. engineer, architect, transportation planner, general contractor) indicating that all of the GHG mitigation measures, or equivalent measures that are designed to collectively achieve the 23.1% reduction in stationary source GHG emission and 2% reduction in transportation-related measures, have been incorporated into the project. The certification should be supported by as-built plans. For those measures that are operational in nature (i.e. TDM, recycling), the Proponent should provide an updated plan identifying the measures, the schedule for implementation, and how progress toward implementing these measures will be achieved. + Remediation and clean up of the site in accordance with MassDEP solid waste regulations to address improper disposal of solid waste.EEA #13578 Final EIR January 14,2011 ‘+ Permanent stabilization of the site upon completion of the remediation and clean-up. © Development of a Stormwater Management Plan consistent with MassDEP regulations and standards that will include: deep sump catch basins, subsurface detention, an infiltration basin and a large rain garden along the eastern side of the property. * Construction period mitigation measures including development of a SWPPP, erosion control measures and use of low sulfur diesel fuel for all construction vehicles. Additional Permits MassDEP comments note that a Sewer Extension Permit will be required if the North Adams Plaza (EEA # 14180) does not construct its sewer extension project prior to construction of the proposed Walmart, In addition, the comments note that the project site may be eligible for review through the BUD process. If additional permits from MassDEP are required, the Proponent should consuit with the MEPA Office regarding whether the filing of a Notice of Project Change (NPC), including development of new Section 61 Findings, is warranted. Conelusion Based on a review of the Scope, the Final EIR, consultation with state agencies and public comments submitted on the project, | have determined that the Final EIR adequately and properly complies with MEPA. The Project may proceed to permitting. January 14. 2011 Date’ Comments Received: 1/7/11. Department of Energy Resources (DOER) 1/7/11 Massachusetts Department of Environmental Protection (MassDEP)/ Western Regional Office (WERO) 1/7/11 Massachusetts Department of Transportation (MassDOT) 1/7/11 Berkshire Regional Planning Commission (BRPC) 1/7/11 Caroline Seulley, North Adams First RKS/CDB/edb