Brayton Point Commerce Center · and regulations, including but not limited to the State Building Code, Fire Code, Electrical Code, licensing laws, and Health Codes, as well as the

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Preliminary Site Plan/Future Land Use Map Permitting and Stormwater Assessment

Brayton Point Commerce Center 1 Brayton Point Road Somerset, Massachusetts

PREPARED FOR Brayton Point LLC 1515 Des Peres Road, Suite 400 St. Louis, MO 63131

PREPARED BY

99 High Street, 10th Floor Boston, MA 02110

July 2020

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Table of Contents

1 Permitting Assessment ............................................................................................... 2

1.1 Project Description .................................................................................................................... 2 1.2 Regulatory Context and Permitting Requirements ...................................................... 4

1.2.1 Town of Somerset Zoning Ordinance ........................................................... 4 1.2.2 The Wetlands Protection Act (WPA) .............................................................. 5 1.2.3 Designated Port Area (DPA) ............................................................................. 7 1.2.4 The Public Waterfront Act (Chapter 91) ....................................................... 7 1.2.5 Massachusetts Environmental Policy Act (MEPA) .................................... 8 1.2.6 Massachusetts Section 401 Water Quality Certification ...................... 10 1.2.7 Massachusetts Contingency Plan (MCP) ................................................... 10 1.2.8 USACE Section 404 Individual Permit ......................................................... 10 1.2.9 FAA Requirements .............................................................................................. 11

2 Preliminary Stormwater Assessment ......................................................................... 1

2.1 Existing Conditions .................................................................................................................... 1 2.1.1 Northern & Western Drainage Areas............................................................ 1 2.1.2 Southern Drainage Areas ................................................................................... 2 2.1.3 Eastern / Brayton Point Road Drainage Areas ........................................... 3

2.2 Proposed Conditions ................................................................................................................ 3 2.3 Regulatory Context and Permitting Requirements ...................................................... 3

2.3.1 NPDES ........................................................................................................................ 3 2.3.2 Somerset Conservation Commission ............................................................ 5 2.3.3 MEPA .......................................................................................................................... 5

Figures

Figure 1. Zoning Board Future Use Map, Revised June 11, 2020 (Site Plan/Future Use Map)

Figure 2. Future Use Map Wetlands and Waterways Jurisdiction

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Permitting Assessment This chapter identifies the permits, approvals and reviews that are likely be required in order to commence construction and establish operations consistent with the Brayton Point Commerce Center’s (BPCC) Site Plan/Future Use Map, dated June 11, 2020 (the “Project”), submitted to the Town of Somerset Planning Board and Zoning Board of Appeals on June 15, 2020 (Figure 1), including the following:

› Town of Somerset Zoning Ordinance › Massachusetts Wetlands Protection Act (WPA)

› The Public Waterfront Act (Chapter 91)

› Massachusetts Environmental Policy Act

› Massachusetts Section 401 Water Quality Certificate

› Massachusetts Contingency Plan

› US Army Corp of Engineers (USACE) Section 404 Individual Permit › Federal Aviation Administration Requirements

Permits related to wastewater and stormwater will be addressed in a separate report.

1.1 Project Description The +300-acre BPCC facility (the “Site”) is being converted to a logistics, manufacturing, and support center for clean energy, offshore wind and other water-dependent industries, supported by the deep-water port and supporting infrastructure. The planned uses and activities are currently anticipated to include the following:

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› Loading, off-loading, short-term storage, assembly and staging of off-shore wind energy generating equipment and supporting infrastructure;

› Landing of under-sea electric transmission cables and interconnection to the on-shore electric grid including voltage regulation as appropriate;

› Loading, off-loading, handling and processing or storage of break bulk and bulk/aggregate materials;

› Energy-related manufacturing; and

› An energy research and training facility.

The Site is primarily located within the Town of Somerset’s Industrial Zoning District. By-right uses within this district include manufacturing, research & development laboratories and facilities; and wholesale business or storage where all goods are within an enclosed structure, or where part or all of the goods are stored outside a structure. All of the uses listed above are categorized as by-right uses.

Site development activities required to support these uses may include the following:

› In-water and landside improvements to the existing docking facilities; › Demolition of existing structures;

› Site grading;

› Building construction; and

› Filling the Lower Supply Basin associated with the former cooling towers.

Figure 1 depicts the proposed Site Plan/Future Land Use. Numbers 1-13 represent the various Reuse Areas. Permits, approvals, and reviews that are required to complete the site redevelopment activities and support the site uses listed above and depicted in Figure 1 are listed in Table 1 below and described in more detail in the sections that follow.

Table 1. Anticipated Permits, Approvals and Reviews by Reuse Area

Reuse Area

Potential Use/Activity Permit/Approval/Review

1 Marine Quay-Side Improvements Chapter 91 License, WPA OOC 2 Marine Terminal Chapter 91 License, WPA OOC 3 Warehouse/Storage N/A 4 Warehouse/Storage N/A 5 Warehouse/Storage WPA OOC, MassDEP Post-Closure

Use Permit 6 Warehouse/Storage N/A 7 Manufacturing/Warehouse/ Storage WPA OOC, MCP Soil Management

Plan 8 Manufacturing & Assembly WPA OOC 9 Manufacturing/Warehouse/ Storage &

Utility Operations; Filling Lower Supply Basin

MEPA Review, Chapter 91 License, Section 401 Permit, WPA OOC, USACE Section 404 Permit, MCP Soil Management Plan

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Reuse Area

Potential Use/Activity Permit/Approval/Review

10 Manufacturing/Warehouse/ Storage N/A 11 Manufacturing & Assembly/Warehouse/

Storage/Training WPA OOC

12 Parking – Guard House WPA OOC 13 Parking – NGrid Easement N/A WPA OOC – Wetlands Protect Act Order of Conditions

1.2 Regulatory Context and Permitting Requirements The BPCC facility will be required to conform with all applicable state, federal and local laws and regulations, including but not limited to the State Building Code, Fire Code, Electrical Code, licensing laws, and Health Codes, as well as the laws and regulations listed below.

1.2.1 Town of Somerset Zoning Ordinance

The majority of the Project Site is located within the Town’s Industrial District. All of the proposed uses are allowed as-of-right in this district. The northern-most portions of the Site, both east and west of Brayton Point Road, are within the Residence District where industrial uses are prohibited. The areas to the east of Brayton Point Road and a portion of the area zoned Residential are within the Water Resource Protection District. Portions of the property are also located in the Town’s Floodplain Overlay District, which requires compliance with the portion of the Massachusetts State Building Code dealing with construction in flood plains and coastal high hazard areas.

Based on Section 5.1 of the Zoning Code, the dimensional controls listed in Table 2 are applicable to the Industrial District.

Table 2. Industrial District Dimensional Controls

Dimension Dimensional Requirement Minimum Lot Area (sf) 20,000 Minimum Frontage (ft) Any Minimum Front Yard (ft) 50 Minimum Side Yard (ft) 25 Minimum Rear Yard (ft) 25 Distance Between Buildings (ft) 10

Maximum Lot Coverage (%) TBD during Planned Development process

Maximum Building Height (ft) Any Maximum Building Height (stories) Any Maximum Height, Towers, Water Tanks, Antennae, Spires, Chimneys, Mechanical Equipment, Screening of Mechanical Equipment and similar structures (ft)

Any

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Dimension Dimensional Requirement Minimum number of off-street parking spaces One space per 1,000 sf of gfa Minimum number of off-street loading spaces One space per 50,000 sf of gfa

The Town of Somerset does not have by-laws addressing noise and hours of operation; however, all properties in Massachusetts are subject to Massachusetts Department of Environmental Protection’s (MassDEP) Policy DAQC 90-001 “Allowable Sound Emissions,” which generally restricts noise at a property line to 10 dB above ambient sound. Limits on noise and hours of operations are typically addressed as part of the Planned Development Area process, as demonstrated below. Section 4.2.6 of the Zoning Code requires dust and fumes incident to storage or handling to be confined on-site; requires appropriate segregated locations for manufacturing, processing, testing, and fabrication; and restricts the impacts of noise, vibration, and flashing to the confines of the site.

The Proponent previously submitted an application for Planned Development Approval to the Somerset Zoning Board of Appeals on September 26, 2019 for a scrap metal business and a salt business, both of which are categorized as “Wholesale business or storage where part of all of the goods are stored outside a structure,” and are uses allowed by-right in the Industrial District. The Board issued its unanimous approval, subject to conditions, in a decision dated December 19, 2019. Conditions related to the approval that may be applicable to other uses on the Site include:

› Building height limitations;

› Outdoor storage must be underlain by an impervious surface; › No stored unconsolidated materials may be allowed to enter stormwater leaving the Site;

› Stored materials must be free of hazardous materials;

› A Fugitive Nuisance Control Plan (FNCP) may be required;

› Site access must be conducted in compliance with a Traffic Route Plan, and the Proponent must implement a truck traffic monitoring and enforcement plan;

› Maximum daily truck trip limits may be established;

› Hours of operations for trucks over 15 tons may be limited to between 7:30am and 6:00pm;

› A parking plan may be required for each use; › A Stormwater Management Plan may be required for approval by the Conservation

Commission;

› A monetary fee may be required to fund third-party review of monitoring data; and

› All hydrants within the deep water dock must be functioning and to code.

1.2.2 The Wetlands Protection Act (WPA)

The Project Site contains wetland resource areas under the jurisdiction of the WPA. Work impacting these resource areas requires the filing of a Notice of Intent (NOI) and issuance of an Order of Conditions (OOC) by the Somerset Conservation Commission. The Site contains several jurisdictional resource areas, including Coastal Banks, Designated Port Area (DPA), Land

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Subject to Coastal Storm Flowage (LSCSF), Land Under Ocean (LUO), Land Under Waterbodies and Waterways (LUWW), Riverfront Area (RA), and 100-foot buffer zones to some resource areas (Figure 2). Work in jurisdictional resource areas must conform to the performance standards set forth in 310 CMR 10.

Filling the Lower Supply Basin in Reuse Area 9 requires the Somerset Conservation Commission to determine that the fill may be permitted under their jurisdiction. While the WPA does not contain performance standards for LSCSF, typical conditions related work in this resource area include prohibitions on outdoor stockpile of unconsolidated materials. Nearly the entire Site is within the DPA. However, performance standards only apply to in-water work within a DPA. Buffers to any inland resource areas must be verified in the field.

Table 3 below indicates the wetland resource areas likely to be impacted by work within each of the Reuse Areas.

Table 3. Wetland Resource Areas Likely to be Impacted

Reuse Area Potential Use/Activity Wetland Resource

Areas Impacted

Requires Conservation Commission Approval

1 Marine Quay-Side Improvements Coastal Bank, DPA, LSCSF, LUO, RA, 100-ft Buffer

Yes

2 Marine Terminal LSCSF, RA Yes 3 Warehouse/Storage N/A No 4 Warehouse/Storage N/A No 5 Warehouse/Storage LSCSF, RA, 100-ft

Buffer Yes

6 Warehouse/Storage N/A No 7 Manufacturing/Warehouse/ Storage LSCSF, RA Yes 8 Manufacturing & Assembly LSCSF, RA Yes 9 Manufacturing/Warehouse/ Storage &

Utility Operations; Filling Lower Supply Basin

LSCSF, RA, LUWW 100-ft Buffer

Yes

10 Manufacturing/Warehouse/ Storage RA Yes 11 Manufacturing & Assembly/

Warehouse/ Storage/Training 100-ft Buffer Yes

12 Parking – Guard House LSCSF, RA, 100-ft Buffer

Yes

13 Parking – NGrid Easement N/A No DPA – Designated Port Area LSCSF – Land Subject to Coastal Storm Flowage LUO – Land Under Ocean LUWW – Land Under Waterbodies and Waterways RA – Riverfront Area

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On February 25, 2020, the Somerset Conservation Commission issued an OOC for work in Reuse Areas 2 and 7.

1.2.3 Designated Port Area (DPA)

The majority of the Site is in the Mount Hope Bay Designated Port Area (DPA) (see Figure 1). The DPA program was established by the Commonwealth to promote and protect water-dependent industrial uses. The DPA regulations at 301 CMR 25.00 work in conjunction with the Chapter 91 regulations to govern the licensing of structures and uses in these areas (see Section 1.2.4 below). Those regulations strictly limit the placement of fill or structures in DPAs to water-dependent industrial, accessory uses and a limited amount of supporting uses on filled tidelands.

The Town of Somerset recently engaged a consultant to develop a DPA Master Plan in accordance with guidance provided through the Massachusetts Office of Coastal Zone Management to continue to support the viability of water-dependent use businesses and industries.

1.2.4 The Public Waterfront Act (Chapter 91)

The Project Site includes land and waters subject to the Massachusetts Public Waterfront Act, M.G.L. Chapter 91, administered by the Massachusetts Department of Environmental Protection (MassDEP) under 310 CMR 9.00 (Figure 2). Specific proposed activities subject to Chapter 91 include filling the Lower Supply Basin and any potential changes to the dock that involve constructing new structures or increasing the footprint of existing structures.

Filling the Lower Supply Basin

Filling portions of the approximately 3.3-acre Lower Supply Basin would involve placing up to approximately 53,000 cubic yards of fill to increase the amount of land available for water-dependent laydown/storage areas, particularly wind turbine components. These extraordinarily heavy components will be moved across the site on self-propelled modular transporters (SPMTs), which can only function on surfaces with a grade of less than three percent. The proposed laydown areas in the southern and northern portions of the site are separated by an approximately 10-foot grade change. In order to connect the two, and to create an area that could be used for either laydown or SPMT access, the Lower Supply Basin area would need to be filled and gently graded.

Filling the Lower Supply Basin will require authorization under Chapter 91 (i.e. a Chapter 91 license) because the Lower Supply Basin was formerly subject to tidal action as part of the continuous flow cooling system. All proposed activities within the existing footprint of the Lower Supply Basin will be water-dependent industrial uses as defined in 310 CMR 9.12(2)(d). This work will also require an Order of Conditions (OOC) from the Somerset Conservation Commission and a Massachusetts 401 Water Quality Certification. It may also require a USACE Section 404 Individual Permit. These permits are described in following sections of this report.

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Dock Improvements

The dock facility contains geographic areas subject to jurisdiction under Chapter 91, including filled and flowed tidelands. Multiple Chapter 91 licenses have been issued for this portion of the Site. Under 310 CMR 09.22, maintenance and repair work on a licensed structure does not require any action by MassDEP. The licensee may undertake certain minor modifications to a licensed structure without filing an application for a license or license amendment, so long as prior written notification is provided to MassDEP. These minor modifications include:

› Structural alterations which are confined to the existing footprint of the fill or structures being altered and which represent an insignificant deviation from the original specifications of the license, in terms of size, configuration, materials, or other relevant design or fabrication parameters;

› Changes of use which maintain or enhance public benefits provided by the project and which represent an insignificant deviation from the original use statement of the license, in terms of function, character, duration, patronage, or other relevant parameters; or

› Replacement of subsurface utilities, or installation of additional utility lines in an existing right of way within previously authorized filled tidelands connecting to existing structures, provided the work will not restrict or impair access to water-dependent uses.

As indicated in 310 CMR 09.05, activities requiring a license amendment or potentially a new license include:

› Any construction, placement, excavation, addition, improvement, maintenance, repair, replacement, reconstruction, demolition or removal of any fill or structures, not previously authorized, or for which a previous grant or license is not presently valid;

› Any existing or proposed use of any fill or structures not previously authorized, or for which a previous grant or license is not presently valid;

› Any structural alteration of fill or structures from the specifications contained in a valid grant or license, whether such authorization was obtained prior to or after January 1, 1984; or

› Any change in use of fill or structures from that expressly authorized in a valid grant or license or, if no such use statement was included, from that reasonably determined by the Department to be implicit therein, whether such authorization was obtained prior to or after January 1, 1984.

1.2.5 Massachusetts Environmental Policy Act (MEPA)

This section assesses MEPA jurisdiction over activities and uses site-wide, with the exception of activities related to stormwater and wastewater. Stormwater is addressed in Chapter 2.

MEPA serves as a mechanism to enable coordinated public review of a project’s potential environmental impacts and associated mitigation (if required) by environmental state agencies and the general public. MEPA review occurs when a state agency action is required, a MEPA review threshold is exceeded, and the subject matter of the state agency action and the MEPA review threshold are conceptually or physically related. The term “State Agency Action” refers to a state permit, financial assistance, or a land transfer.

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Multiple state agency actions may be required for portions of the Project. While the Project as a whole does not appear to meet or exceed any MEPA Review Thresholds for an Environmental Impact Report (EIR), it does exceed thresholds for an Environmental Notification Form (ENF), as described below.

Filling the Lower Supply Basin

The following state Agency Actions may be required for filling the Lower Supply Basin in Reuse Area 9:

› Chapter 91 License › MassDEP Section 404 Water Quality Certification

› Superseding Order of Conditions (upon appeal of a locally issued OOC)

Filling the Lower Supply Basin exceeds the following thresholds for an Environmental Notification Form (ENF) at 301 CMR 11.03:

› (3)(b)1.e. If a permit is required, New fill or structure or Expansion of existing fill or structure, except a pile-supported structure, in a velocity zone or regulatory floodway.

› (3)(b)1.f. If a permit is required, alteration of one half or more acres of any other wetlands

In addition, this activity may exceed the following threshold:

› (1)(b)2. Creation of five or more acres of impervious area.

Therefore, filling the Lower Supply Basin will require preparation and submittal of an ENF.

Transportation

The Site abuts a MassDOT State Highway Layout (SHLO). According to MassDOT’s standard operating procedures, vehicular access permits are required for construction of new, or change in use of existing, residential or commercial driveway from properties that abut the SHLO to serve a building or facility, or expansion of a building or facility, that generates a “Substantial Increase in or Impact on Traffic,” which is defined, in part, as “a project that results in Creation of a change in the type, pattern, or timing of traffic that is determined by MassHighway to generate a significant impact on traffic flow and safety.” While the Project does not appear to require a MassDOT access permit, a consultation with MassDOT is recommended to confirm this assessment. Off-site improvements associated with traffic mitigation may require a MassDOT permit.

The MEPA threshold for an ENF review related to transportation is 1,000 new adt and 150 net new parking spaces at a single location. The most recent transportation assessment for the Site Plan/Future Land Use Map indicates that site activities will generate approximately 1,120 net new trips per day (670 passenger vehicles and 450 trucks).1 The site can currently accommodate approximately 900 parked cars in paved and gravel lots. Because of this excess in capacity, no additional parking is anticipated to be needed. Therefore, this MEPA

1 During its peak operation, the Brayton Point Power Plant generated an estimated 2,000 trips per day generated by the plant employees. The

Project essentially returns the site back to approximately 63% of its original traffic generation.

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threshold is not exceeded. As a result, it is unlikely that an ENF would be required due to transportation impacts.

Decommissioning, Demolition and Grading

In February 2019, the Proponent submitted a Request for an Advisory Opinion to the MEPA Office related to site-wide decommissioning and demolition, as well as the grading activities within Reuse Areas 2 and 7. On February 2, 2019, the Assistance Secretary of the Executive Office of Energy and Environmental Affairs determined that those activities were not subject to MEPA review.

1.2.6 Massachusetts Section 401 Water Quality Certification

Filling the Lower Supply Basin at Reuse Area 9 would involve the discharge of up to 53,000 cubic yards of fill to a waterbody. The need to obtain a Massachusetts Water Quality Certification from MassDEP would be determined by the jurisdictional status of the Lower Supply Basin as a Water of the Commonwealth, and the precise volume of fill required. At a minimum, the project would exceed the minimum threshold requiring compliance with the “Criteria for Evaluation of Applications for Discharge or Dredged or Fill Material (314 CMR 9.06 – 9.07).

1.2.7 Massachusetts Contingency Plan (MCP)

Portions of the Project Site are under the jurisdiction of the Massachusetts Contingency Plan (MCP), which regulates the clean-up of toxic releases and spills and tracks spills with Release Tracking Numbers (RTNs). There were 23 RTNs issued for releases at the Brayton Point site. All RTNs are now closed, signifying that the toxic releases have been cleaned up. Two RTNs were closed with Activity and Use Limitations (AULs). These are located in Reuse Areas 7 and 9. While each AUL represents a known contamination where access restrictions are necessary, it is likely redevelopment can proceed if it follows any additional work necessary to address AULs. If soils within the AULs are disturbed and excess soil is generated by these activities, Soil Management Plans and possibly off-site soil disposal will be required.

Eleven ash landfill areas have been closed in accordance with the MassDEP solid waste requirements and the MCP. Redevelopment on top of the closed landfills, which are located in Reuse Area 5, will require a Post-Closure Use Permit from MassDEP.2

1.2.8 USACE Section 404 Individual Permit

Filling of the Lower Supply Basin within Reuse Area 9 may require an Individual 404 Permit issued by the U.S. Army Corp of Engineers (USACE). If such a permit is required, the project would be subject to the applicable review standards established by 314 CMR 9.06. Consultation with the New England District Regulatory Chief is recommended to determine next steps.

2 Massachusetts Clean Energy Center. “Somerset Power Plants Reuse Study.” December 2015. Prepared by Ninigret Partners LLC.

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1.2.9 FAA Requirements

In accordance with federal law (49 U.S.C. Section 44718), structures (including permanent and non-permanent structures such as cranes) that may result in the obstruction of/interference with navigable airspace or interference with air/space navigation facilities and equipment may require studies to determine the impact on safe and efficient use of said airspace, facilities, and/or equipment. The Federal Aviation Administration (FAA) of the US Department of Transportation is responsible for review of any proposed construction that would intrude into navigable airspace. Federal regulations at 14 CFR Part 77 require the filing of a notice (FAA Form 7460-1) for the proposed construction or alteration of certain objects that may affect the navigable airspace. Airport Considerations and Air Draft Restrictions will vary depending upon use and activity. Requirements as to whether or not a filing with FAA is necessary varies based on factors including height, proximity to airport, location, and size/shape of structures. Applicability of FAA regulations should be considered upon final design of each project component.

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2-1 Preliminary Stormwater Assessment

Preliminary Stormwater Assessment This chapter provides a preliminary assessment of existing and proposed stormwater conditions and outlines the regulatory context and permitting requirements.

2.1 Existing Conditions Stormwater at the Site is handled by different Best Management Practices (BMPs) that include stormwater detention basins, wastewater treatment systems/settling basins, and oil and water separators. Currently, Stormwater from the Site either infiltrates through settling basins or discharges into Mount Hope Bay through detention basin outfalls or stormwater interceptors and oil/water separators still existing from when the facility was an active power plant.

2.1.1 Northern & Western Drainage Areas

The Site’s Northern & Western drainage areas include areas currently under demolition west and north of the former power plant building, north to the future training facility, and includes Reuse Areas 3, 4, 5, 6, 8, 9, 10, 11, and a portion of the south end of 13.

In the Northern and Western drainage areas, stormwater is collected via a series of swales, small basins, and interceptor infrastructure throughout each of the facility areas transporting stormwater runoff southerly to the existing wastewater treatment facility equilization basin. From the equilization basin the stormwater runoff is treated through the existing wastewater treatment plant and discharges to a final detention/infiltration basin designated as the Lower Supply Basin. The Lower Supply Basin is equipped with a weir structure that controls any discharge to the adjacent discharge channel along the northwest end of the Site. Currently the Lower Supply Basin does not utilize the weir for stormwater discharges from the facility. All stormwater runoff from the Northern & Western drainage areas is discharged and contained within the 6-million-gallon Lower Supply Basin where it infiltrates. At this time no stormwater is discharged to the discharge channel that flows to Mount Hope Bay.

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2.1.2 Southern Drainage Areas

The facility’s Southern drainage area includes areas currently under construction south of the former power plant building, including Reuse Areas 2, 7, 12 and the southern portion of 13.

Stormwater Detention Basins

Three proposed stormwater BMPs are currently being constructed within Areas 7 and Area 2 to intercept and collect stormwater runoff from the proposed future laydown and activity area. The BMP’s are depicted as designed on site plans prepared by SITEC Revised January 21, 2020 and are subject to additional general design conditions as set forth in the Somerset Conservation Commission Order of Conditions.

These detention basin BMPs have been designed to control peak stormwater runoff rates and provide water quality treatment per the regulatory requirements of the Massachusetts Stormwater Handbook and Stormwater Management Standards, (latest revision).

› Detention Basin 1 & 2 – These BMPs are located on the southernmost section of Area 7 and Area 2. The BMPs each include a sediment forebay and stormwater detention area. Discharges from these basins are regulated via an outlet control structure to the Mount Hope Bay.

› Detention Basin 3 –This BMP is located on the west section of Area 7. The BMP includes a sediment forebay and stormwater detention area. Discharge from this basin is regulated via an outlet control structure the Discharge Canal and then Mount Hope Bay.

Interceptor & Oil/Water Separators

There are currently two primary stormwater interceptors remaining at the Site which discharge into the Bay. These are currently receiving stormwater from a portion of the northern section of Reuse Area 7, Reuse Area 12 and a portion of the southern end of Reuse Area 13. The two stormwater interceptors are each equipped with isolation valves and oil/water separators. When there is no activity onsite, the isolation valves for these interceptors will be left in the open position, allowing stormwater to discharge during storm events after treatment through the oil/water separators. The interceptors are labeled as Outfalls 009 and 010 and are described below.

› Outfall 009 (Reuse Area 12 & portion of Reuse Area 13) –Discharges stormwater from yard drains in the former transformer yard for the plant, National Grid’s substation yards on the north side of the Powerhouse Building, and from catch basins in parking lots A, B and C. It is located south of the Gate House at the main entrance.

› Outfall 010 (portion of Reuse Area 7) – Discharges stormwater from yard drains located on the southeast side of the Powerhouse building, including catch basins located in the roadway leading from the gate house down to the south end of the property, from the main lay-down area and from the demolished area south of the power house.

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2-3 Preliminary Stormwater Assessment

2.1.3 Eastern / Brayton Point Road Drainage Areas

Stormwater from the eastern side of the facility, specifically Brayton Point Road to the Gate House is collected within a roadway drainage swale and catch basin system that discharges to the Taunton River.

2.2 Proposed Conditions The Site Plan/Future Use Map, dated June 11, 2020, indicates the proposed conditions at the Site. In addition, a Planned Commodities List has been prepared breaking down commodities expected to be handled at the port. Each of these commodities have been categorized as Wind Industry Components, Break Bulk material, and Aggregate & Bulk Materials.

Materials as noted within the Wind Industry Components and Break Bulk which are not likely to impair water quality during precipitation conditions and/or are unlikely to contribute sediment to stormwater runoff are good candidates for storage on pervious areas, such as Reuse Areas 2 and 7, and where stormwater runoff is directed to appropriate BMPs for treatment and discharge.

The Aggregate & Bulk Materials that may contribute to decreased water quality or that may contribute to sediment/contaminant transport through ground surface should be stored, in a covered condition, on impervious surfaces where any the sediment or contaminants can be collected and transported to the appropriate stormwater management BMP designed to handle the specific commodity properties. Reuse Areas such as the impervious portions of Reuse Area 9, where stormwater is collected and transported to an existing BMP, may serve as an appropriate area for storage of these commodities. Alternatively, they could be stored on newly proposed impervious storage areas with new proposed BMPS. In addition, these commodities can also be housed within building structures to limit stormwater water quality issues.

As the facility begins to receive new commodities and tenants to become a more active port facility, new stormwater management treatment or updated BMPs will be necessary to comply with the design standards required by the Massachusetts Stormwater Management Standards for Land Uses with Higher Potential Pollutant Loads, and updates to the current Stormwater Pollution Prevention Plans prepared for coverage under the facilities NPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activities.

2.3 Regulatory Context and Permitting Requirements The following is a review regulatory context as it related to the facilities stormwater management requirements and the future proposed land use and commodities currently being considered for the port facility.

2.3.1 NPDES

The site was previously regulated under an individual EPA National Pollutant Discharge Elimination System (NPDES) industrial wastewater discharge permit (NPDES Permit MA0003654) that authorized industrial discharge to the Mount Hope Bay. The NPDES permit

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2-4 Preliminary Stormwater Assessment

was terminated per the United States Environmental Protection Agency (EPA) request on April 13, 2019. Current coverage under the EPA’s NPDES program include:

NPDES Construction General Permit for Stormwater Discharges from Construction Activities

Currently the facility has filed for coverage under the NPDES Construction General Permit for Stormwater Discharges from Construction Activities dated October 23, 2018.also for coverage under the NPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activities (Sector G, and also Sector N (pending).

Coverage under this permit currently includes:

› Demolition and removal of above ground fuel oil storage tanks;

› Demolition and removal of majority of buildings and duct work;

› Demolition and removal of all outside piping;

› Demolition/Implosion of the Cooling Towers;

› Demolition/Implosion of the Stacks; › Filling in former (and previously remediated) ash ponds;

› Filling in settling basins once wastewater treatment system is shut off;

› Filling of the Lower Supply Basin;

› Grading of 45 acres on Southern end of site; and

› Grading of site to accommodate future development. As part of the NPDES Construction General Permit for Stormwater Discharges from Construction Activities, a Stormwater Pollution Prevention Plan (SWPPP) dated September 5, 2018 for the Development of Brayton Point Commerce Center has been prepared.

The current Stormwater Discharges from Construction Activities SWPPP provides procedures for controlling proposed construction activities and potential pollutant sources, installing and maintaining temporary and permanent erosion and sediment control measures, BMPs and inspection/monitoring activities.

NPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activities

Currently the facility has filed for coverage under the NPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activities Sector G dated October 30, 2019, and Sector N, May 12, 2020.

Coverage under the NPDES Multi-Sector General Permit for Stormwater Discharges from Industrial Activities permit currently includes:

› Temporary storing, handling and transferring of Clean Steel Product, and Salt.

› Temporary storing, handling and transferring of Scrap Metal.

›

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2-5 Preliminary Stormwater Assessment

At this time, two Multi-Sector General Permit for Stormwater Discharges from Industrial Activities SWPPPs have been prepared.

› Stormwater Pollution Prevention Plan – Brayton Point Commerce Center Marine Terminal Facility. Prepared by EA Engineering Science and Technology for Patriot Stevedoring and Logistics LLC, Dated April 2020.

› Eastern Metal Recycling -Terminal, LLC Brayton Point Facility - Stormwater Pollution Prevention Plan. Prepared by EMR Dated May 2020.

Each SWPPP outlines procedures for controlling proposed activities and potential pollutant sources, spill prevention, installing and maintaining temporary stormwater controls and BMPs, inspection/monitoring/sampling activities, and record keeping.

As the site evolves to a more active port facility and begins adding new commodities and tenants, updated NPDES permit coverage for both the Construction General Permit and Multi-Sector General Permit for Stormwater Discharges from Industrial Activities, including updates to individual SWPPPs may be necessary for coverage of individual tenants or specific materials handling processes.

2.3.2 Somerset Conservation Commission

On February 25, 2020 the Somerset Conservation Commission issued a Notice of Intent Order of Conditions for the proposed site grading alterations and stormwater management improvements in Reuses Area 7 and Reuse Area 2 at the southern end of the facility. The Order of Conditions specifies compliance with the approved site plans prepared by SITEC Revised January 21, 2020, the stormwater management design and with the additional general conditions as set forth.

Additional proposed facility improvements within Massachusetts Department of Environmental Protection and Somerset Conservation Commission resource area and buffer zones will require new permitting submission and stormwater management approvals as the facility is developed and modified. All Stormwater Management systems shall be designed to control peak stormwater runoff rates and provide water quality treatment per the regulatory requirements of the Massachusetts Stormwater Handbook and Stormwater Management Standards (latest revision).

2.3.3 MEPA

As indicated in Section 1.2.4 above, MEPA review occurs when a state agency action is required, a MEPA review threshold is exceeded, and the subject matter of the state agency action and the MEPA review threshold are conceptually or physically related.

Potential state agency actions related to Stormwater include:

› Massachusetts Department of Environmental Protection approval.

Review thresholds for an ENF that could potentially be exceeded include the following at 301 CMR 11.03:

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Brayton Point Commerce Center – Preliminary Site Plan/Future Land Use Map Assessment

2-6 Preliminary Stormwater Assessment

› (5)(b)4. New discharge or Expansion in discharge: • b. to a surface water of:

o iii. any amount of sewage, industrial wastewater or untreated stormwater requiring a variance from applicable water quality regulations; or

• c. to groundwater of: o iv. any amount of sewage, industrial wastewater or untreated stormwater

requiring approval by the Department of Environmental Protection of a variance from Title 5 of the State Environmental Code for New construction.

Ongoing analysis of existing and proposed conditions as the port facility develops will result in a determination of the applicability of MEPA review.

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© 2020 Microsoft Corporation © 2020 HERE

87

21

4

9

13

3

1012

6

5

8

1111

FIGURE 1ZONING BOARD FUTURE USE MAP

BRAYTON POINT, LLCSOMERSET, MASSACHUSETTS

PROJECTNUMBER:

SHEETNUMBER:

DRAWINGDATE:

FIGURENUMBER:

NA

1

1 OF 1APPROVED BY: EBS

DATE: 06/09/2020

DRAWN BY: MN REVISIONNUMBER:

#1

#2

06/04/2020 MN Added Wetland, Salt March, Tree areas and DPA boundarty

05/15/2020SCALE: AS SHOWN

DATE OFREVISION: BY: DESCRIPTION:

06/11/2020 MP Edited Visible Map Features

NA NA NA#3

LEGEND

NATURAL VEGETATIVEBUFFER

SALT MARSH

WETLAND

TREES

BERM

DOCK/PIER

MARINE TERMINAL &STORAGE

WHSE/STORAGE

MFG/STORAGE

MFG & ASSEMBLY

MFG & ASSEMBLY / WHSE/ STORAGE/ TRAINING

NGRID-SUBSTATION &TRANSMISSION LINES

STORMWATER

ROADWAYS

PARKING

DESIGNATED PORT AREABOUNDARY (DPA)

PROPERTY BOUNDARY(APPROXIMATE)

EXISTING STRUCTUREIDENTIFICATION NUMBER

AREA IDENTIFICATIONNUMBER

S-8

S-1 S-2

S-3

S-6S-5S-4

S-9

S-10

S-11

S-14

S-13S-15

S-8

S-12

NOTES:1. THE NATIONAL GRID EASEMENT OVERLAPS

SOME PARKING 12 AND AREA 10, AS WELL ASALL OF PARKING 13.

2. REFER TO THE FIGURE 1 TABLES AS SHOWNFOR AREA AND STRUCTURE IDENTIFICATIONDETAILS.

5

S-7S-7

S-16

S-17

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© 2020 Microsoft Corporation © 2020 HERE

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1012

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1111

FUTURE USE MAPWETLANDS AND WATERWAYS JURISDICTION

BRAYTON POINT, LLCSOMERSET, MASSACHUSETTS

PROJECTNUMBER:

SHEETNUMBER:

DRAWINGDATE:

FIGURENUMBER:

NA

2

1 OF 1APPROVED BY: EBS

DATE: 07/14/2020

DRAWN BY: MN REVISIONNUMBER:

#1

#2

06/04/2020 MN Added Wetland, Salt March, Tree areas and DPA boundarty

05/15/2020SCALE: AS SHOWN

DATE OFREVISION: BY: DESCRIPTION:

06/11/2020 MP Edited Visible Map Features

07/14/2020 MN Edited wetland regions, added 100 and 200 ft buffer zones#3

LEGEND

SALT MARSH

WETLAND

BARRIER BEACH SYSTEM

TREES

BERM

DESIGNATED PORT AREABOUNDARY (DPA)

PROPERTY BOUNDARY(APPROXIMATE)

APPROXIMATE 200'RIVERFRONT ZONE

APPROXIMATE 100'WETLAND BUFFER

TIDELANDS

HIGH RISK COASTAL AREA

1% ANNUAL CHANCE OF1-3 FT PONDING, W BFE

0.2% ANNUAL CHANCE OFFLOODING

EXISTING STRUCTUREIDENTIFICATION NUMBER

AREA IDENTIFICATIONNUMBER

MAIN BPCC ENTRANCEAND EXIT GATES-8

S-1 S-2

S-3

S-6S-5S-4

S-9

S-10

S-11

S-14

S-13S-15

S-8

S-12

NOTES:1. THE NATIONAL GRID EASEMENT OVERLAPS

SOME PARKING 12 AND AREA 10, AS WELL ASALL OF PARKING 13.

2. REFER TO THE FIGURE 1 TABLES AS SHOWNFOR AREA AND STRUCTURE IDENTIFICATIONDETAILS.

5

S-7S-7

S-16

S-17