HomeMy WebLinkAbout20140314-NLC-DEP-reGeotubeConstruction_201403280916170258From:Libby Gibson
To:Erika Mooney
Cc:Kara Buzanoski
Subject:FW: Baxter Road, Nantucket
Date:Sunday, March 16, 2014 8:05:32 AM
Attachments:NLC Sconset .pdf
C. Elizabeth Gibson
Town Manager
Town of Nantucket
(508) 228-7255
From: Rick Atherton [mailto:rickatherton@comcast.net] Sent: Friday, March 14, 2014 5:59 PMTo: Libby GibsonSubject: FW: Baxter Road, Nantucket
Libby,
FYI and for distribution to the BOS and posting on the Baxter Road page on the Town web site.
Rick
_____________________________________________________________________________________
RICK ATHERTONPO Box 3126
Nantucket MA 02584
508.228.2366
rickatherton@comcast.net
From: Emily MacKinnon [mailto:emily@nantucketlandcouncil.org] Sent: Friday, March 14, 2014 3:08 PMTo: Philip.weinberg@state.ma.us; 'Adams, Karen K NAE'; 'Kotelly, Kevin R NAE';Bruce.Carlisle@state.ma.us; rickatherton@comcast.netSubject: FW: Baxter Road, Nantucket
From: Emily MacKinnon [mailto:emily@nantucketlandcouncil.org] Sent: Friday, March 14, 2014 2:47 PMTo: 'Kouloheras, Elizabeth (DEP)'; 'Mahala, Jim (DEP)'; 'Langley, Lealdon (DEP)'; 'Boeri, Robert (ENV)';'Haney, Rebecca (ENV)'Cc: 'Jeff Carlson'; esteinauer@massaudubon.org; 'Mahala, Jim (DEP)'; 'Langley, Lealdon (DEP)'; 'Boeri,
Robert (ENV)'; 'Haney, Rebecca (ENV)'; phil.weinber@state.ma.usSubject: RE: Baxter Road, Nantucket
Dear Ms. Kouloheras,
Please see the attached letter from the Nantucket Land Council in response to your email below.
Thanks for your time and have a good weekend.
Best,
Emily
Emily MacKinnon
Resource Ecologist
Nantucket Land Council, Inc.
(508) 228 2818
emily@nantucketlandcouncil.org
From: Kouloheras, Elizabeth (DEP) [mailto:Elizabeth.Kouloheras@MassMail.State.MA.US] Sent: Friday, February 28, 2014 5:36 PMTo: Emily MacKinnon; Mahala, Jim (DEP); Langley, Lealdon (DEP); Boeri, Robert (ENV); Haney, Rebecca(ENV)Cc: 'Jeff Carlson'; esteinauer@massaudubon.org; Mahala, Jim (DEP); Langley, Lealdon (DEP); Boeri,Robert (ENV); Haney, Rebecca (ENV)Subject: RE: Baxter Road, Nantucket
Dear Ms. MacKinnon,
In your e-mail below you inquire as to whether other State permits may be necessary for the
Geotube Erosion Control Project at Sconset Bluff/Baxter Road. As you know, the Town of
Nantucket Conservation Commission issued a Emergency Certification under the Wetlands
Protection Act and local Wetlands By-law for the emergency construction of a three tier Geotube
coastal erosion control structure along the toe of the coastal bank at Sconset which included
beach/bank nourishment as mitigation. MassDEP issued an extension to that Emergency
Certification on Jan.19,2014. The Emergency Certification has since expired.
Relative to Chapter 91 jurisdiction and 401 Water Quality Certification (WQC) jurisdiction please be
advised that jurisdiction for these two programs extends from the MHW line seaward. As stated in
310CMR 9.02 (Chapter 91) and 314CMR 9.02 (WQC) the High Water Mark/Mean High Tide Line
means “ the present mean high water tide line, as established by the present arithmetic mean of
the water heights observed at high tide over a specific 19-year Metonic Cycle (the National Tidal
Datum Epoch), and shall be determined using hydrographic survey data of the National Ocean
Survey of the U.S. Department of Commerce”. The Emergency Certification plan of record for this
site indicates MHW at elevation + 3.04 feet , based on a mean low water datum(MLW=0.0 feet).
The Geotube structure is located well above the MHW line, landward of Chapter 91 and WQC
jurisdiction.
The location of the temporary sand-berm , as observed in photographs, appears to have been
placed above the MHW line , at or in close proximity to the daily high tide line. However, because
the MHW line is a medium/long-term average and does not take into account wave height, it is
possible that the temporary sand-berm could experience some wave action and appear to be
below high tide line during a particular tidal cycle or during higher wave conditions. Construction
impacts to the beach were temporary in nature and the beach has been restored. Mitigation
through beach nourishment is on-going.
For the above stated reasons, at the time of the issuance of the Emergency Certification under the
Wetlands Protection Act and as now, the MassDEP has determined that construction of the
Geotube structure does not require Chapter 91 or WQC authorization. If you have any other
questions concerning this matter please contact me at 508-946-2810 .
Regards,
Liz Kouloheras
From: Emily MacKinnon [mailto:emily@nantucketlandcouncil.org] Sent: Friday, February 07, 2014 4:58 PMTo: Mahala, Jim (DEP); Kouloheras, Elizabeth (DEP); Langley, Lealdon (DEP); Boeri, Robert (EEA);Haney, Rebecca (EEA)Cc: 'Jeff Carlson'; esteinauer@massaudubon.orgSubject: FW: Baxter Road, Nantucket
Dear Jim,
I am addressing this email to you but have included others from DEP and CZM as I am not certain
who is most appropriate to address my concern. On January 28, 2014 I sent the below email to
Karen Adams at the Army Corps of Engineers (CC’ing all of you) enquiring about Army Corps
jurisdiction and permitting for work taking place in front of Baxter Road out here on the island. The
links in the email below are to photographs of work taking place in the surf zone and presumably
below the high tide line. In addition, here are some more recent photographs:
http://www.nantucketerosion.com/01232014/asyf0aul6r5go7dbhbcitjinxrrshb
I am aware that the Army Corps is now investigating whether appropriate permit(s) for this work
have been obtained (if they are in fact necessary). I am writing to you for clarification on what
other permits at the state level (Chapter 91, Water Quality Cert, etc…) may be necessary for this
work, based on DEP and CZM’s jurisdiction and to make sure that all appropriate agencies are
involved.
I am attaching a copy of the Enforcement Order that was issued by the Nantucket Conservation
Commission on Wednesday, February 5, 2014 identifying excavation work below high tide line (in
addition to other unpermitted work), which you have likely already received.
Thank you all for your time.
Emily
Emily MacKinnon
Resource Ecologist
Nantucket Land Council, Inc.
(508) 228 2818
emily@nantucketlandcouncil.org
From: Emily MacKinnon [mailto:emily@nantucketlandcouncil.org] Sent: Tuesday, January 28, 2014 2:26 PMTo: 'karen.k.adams@usace.army.mil'Cc: 'Jim.mahala@state.ma.us'; 'Elizabeth.Kouloheras@State.MA.US'; 'Lealdon.Langley@State.MA.US';'Robert.Boeri@state.ma.us'; 'Haney, Rebecca (ENV)'; 'Jeff Carlson'; 'esteinauer@massaudubon.org'Subject: Baxter Road, Nantucket
Dear Karen,
My name is Emily MacKinnon and I am an ecologist for the Nantucket Land Council, a non-profit
organization focused on preserving the natural resources of Nantucket Island.
As you may or may not be aware, a large scale coastal engineering project was granted an
Emergency Certification to the joint applicants the Town of Nantucket and Siasconset Beach
Preservation Fund (SBPF) by MA DEP and the local Conservation Commission on 12/19/13. The
Certification allows for a three geotextile tube coastal engineering structure with sand cover to be
installed on a Coastal Beach and Coastal Bank. The project has not been completed, but I
understand the applicants are requesting an extension and will also be coming before the
Conservation Commission to obtain an Order of Conditions for the work completed under the
Emergency Certification.
I am writing to you because over the course of the past four weeks I am concerned that the
applicants have been working outside the parameters of their permit. They have clearly been
performing significant excavation from the Coastal Beach directly in the surf zone and below the
high tide line. The applicant, SBPF, has been before the Commission many times regarding
alternative projects in the same location. We have had many discussions in various public hearings
regarding the need for an Army Corps of Engineers permit (and others) should work be required
below the annual high tide line. In this instance the issue has been ignored and it appears that
without benefit of appropriate permits significant work has been done in your jurisdiction.
The following photographs are just a few examples of many taken by local photographers
documenting this activity:
http://www.nantucketerosion.com/01192014/p0hptx9a0t3tfz464uhec4z80rqvaw
http://www.nantucketerosion.com/01172014day/9rg0juupb5ygmyg05w6q3k6rrn565q
http://www.nantucketerosion.com/01172014day/5u9nru7mbzo4g3w7hij85utwnipwhp
I am requesting your involvement and input on this matter. If enforcement action is appropriate it
should be undertaken prior to the issuance of an Order of Conditions for the work so that it can
become part of the public hearing process.
Thank you very much for your time,
Emily
Emily MacKinnon
Resource Ecologist
Nantucket Land Council, Inc.
(508) 228 2818
emily@nantucketlandcouncil.org