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HomeMy WebLinkAbout41 SE48_3115 NCC info for NOI 03_18_19 PRINCIPALS Theodore A Barten, PE Margaret B Briggs Dale T Raczynski, PE Cindy Schlessinger Lester B Smith, Jr Robert D O’Neal, CCM, INCE Andrew D Magee Michael D Howard, PWS Douglas J Kelleher AJ Jablonowski, PE Stephen H Slocomb, PE David E Hewett, LEED AP Dwight R Dunk, LPD David C Klinch, PWS, PMP Maria B Hartnett ASSOCIATES Richard M Lampeter, INCE Geoff Starsiak, LEED AP BD+C Marc Bergeron, PWS, CWS 3 Mill & Main Place, Suite 250 Maynard, MA 01754 www.epsilonassociates.com 978 897 7100 FAX 978 897 0099 21597/2018/Expanded Project/NHESP March 1, 2019 Mr. Jeff Carslon Via Electronic Mail and U.S. Mail Nantucket Conservation Commission 2 Bathing Beach Road Nantucket, MA 02554 Subject: NHESP Determination of No Adverse Effect - Expanded Baxter Road and Sconset Bluff Storm Damage Prevention Project (DEP File No. SE 48- 3115 & NHESP Tracking No. 13-32415) Dear Mr. Carlson: On behalf of the Siasconset Beach Preservation Fund (“SBPF”), Epsilon Associates, Inc. forwards to you a copy of Massachusetts Natural Heritage and Endangered Species Program (“NHESP”) determination dated 11 February 2019. Please be advised we have reviewed the conditions proposed by the NHESP and accept those as Special Conditions to an Order of Conditions for the above referenced project. Also attached is a copy of the Project Plans dated 08 February 2019 and referenced in the NHESP correspondence. Please enter this plan set into the record as the most recent revised Project Plans for consideration by the Nantucket Conservation Commission. The February 2019 Project Plans, more accurately depict the limit of Coastal Dune as compared to the plans dated version and the January 10, 2019. Please contact me at ddunk@epsilonassociates.com or via phone at 978.897.7100 with any question regarding this correspondence. Sincerely, EPSILON ASSOCIATES, INC. Dwight R. Dunk, LPD, PWS, BCES Principal encl: NHESP Determination of No Adverse Effect dated 11 February 2019 Project Plans, dated 08 February 2019 cc: MassDEP-SERO J. Posner, SBPF S. Cohen, Cohen & Cohen Law, PC G. Wood, Ruben and Rudman, LLP February 11, 2019 Nantucket Conservation Commission 2 Bathing Beach Road Nantucket MA 02554 Siasconset Beach Preservation Fund PO Box 2279 Nantucket MA 02554 Project Location: 55 - 122 Baxter Road Town: Nantucket Project Description: Expanded Baxter Road and Sconset Bluff Storm Damage Prevention Project; Coastal Bank Stabilization with Geotextile Bags and Nourishment Wetlands File No.: 048-3115 (associated with 048-2581) NHESP Tracking No.: 13-32415 Dear Commissioners and Applicant: On January 9, 2018 the Natural Heritage and Endangered Species Program of the Division of Fisheries and Wildlife (Division) received a Notice of Intent (NOI) and other information from the Applicant pursuant to the rare wildlife species provisions of the Massachusetts Wetlands Protection Act (WPA) and its implementing regulations (310 CMR 10.37) and the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A) and its implementing regulations (321 CMR 10.18). In a letter issued February 8 2018 the Division determined that the NOI and MESA application were incomplete. Supplemental information prepared by Epsilon Associates, Inc. dated July 11, 2018, December 3, 2018, December 26, 2018, January 10, 2019 and February 8, 2019 (including site plans, 6 sheets dated 02/08/2019) have been provided to the Division for review pursuant to the WPA (310 CMR 10.37) and the MESA (321 CMR 10.18). The Division has determined that the proposed project is located within the mapped Priority and Estimated Habitat of Piping Plover (Charadrius melodus) and Least Tern (Sternula antillarum), species state-listed as “Threatened” and “Special Concern,” respectively. These species and their habitats are protected pursuant to the WPA and the MESA. Fact sheets for state-listed species can be found at www.mass.gov/nhesp. The Piping Plover is also federally protected as a “Threatened” species pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11). The purpose of the Division’s review of the proposed project under the WPA regulations is to determine whether the project will have any adverse effects on the Resource Areas Habitats of state-listed species. The purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-listed species will result from the proposed project. NHESP No. 13-32415, 02/11/2019 Page 2 The Project, as currently proposed, will result in the installation of ±2,873 linear feet of geotextile sand- filled tubes extending both northerly and southerly from the existing ±947 linear feet (resulting in a total length of ±3,820 linear feet) of geotextile sand-filled stabilization. According to the Notice of Intent, the geotubes will occupy 67,000 square feet of Costal Beach and temporarily impact an additional 105,000 square feet for construction (temporary trench). The northern section of the proposed stabilization includes the properties with addresses 105 – 122 Baxter Road. The southern section of the proposed stabilization includes the properties with addresses of 55 – 87 Baxter Road. The Coastal Bank along many of the properties is eroding. WETLANDS PROTECTION ACT (WPA) & MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) Based on the information provided and the information contained in our database, it is the opinion of the Division that the project, as currently proposed, must be conditioned in order to avoid adverse effects to the Resource Area Habitats of state-listed wildlife species (310 CMR 10.37) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). The following conditions must be met: 1) Construction Conditions. a. All work, including all access locations (e.g. Hoicks Hollow), located within Priority Habitat is prohibited during the period April 1 – August 31, unless a monitoring and protection plan for state-listed species has been approved in writing by the Division. b. If additional Coastal Bank erosion occurs prior to the start of work, to the extent practicable, the geotube system should be shifted landward to account for the loss of Coastal Bank. Constructing the geotube system as close to the toe/bottom of the Coastal Bank, existing at the time of construction and thence landward, should serve to reduce impacts on the Coastal Beach. 2) Nourishment. To reduce end scour and impacts to the Coastal Dune located within Priority Habitat, prior to the start of work, a nourishment plan that enhances or maintains Coastal Dune shall be submitted to the Division for review and written approval. 3) State-listed Species Protection. The Applicant has the responsibility of protecting breeding Piping Plovers and state-listed species of terns that may be on this section of beach. Therefore, the Applicant must allow regular monitoring for the presence of Piping Plovers and terns by a qualified shorebird monitor, as determined by the Division, during the period April 1 – August 31 and shall allow any nests, scrapes, or unfledged chicks to be protected with symbolic fencing (warning signs and twine fencing). 4) 55 Baxter Road. Coastal Dune is present at this location. Therefore, prior to the extension of geotubes on this property, the applicant shall submit the following documentation: a. Site Plan. Provide plans prepared by a registered engineer (with stamp and signature) that includes site specific survey and topographic information, wetland Resource Area delineation, existing profiles and proposed profiles depicting the proposed geotextile stabilization and clearly demarcated limit of work. NHESP No. 13-32415, 02/11/2019 Page 3 b. Resource Area Information. Provide documentation with photos of the condition of the Coastal Bank and Coastal Dune with updated calculations for Resource Area impacts at the time for which stabilization of the properties is proposed and/or documentation that this Resource Area is no longer present within the proposed stabilization footprint. 5) Compliance Report: Within sixty (60) days of completion of work, the Applicant shall submit as-built site plans and a brief written report including photographs showing final constructed conditions with particular emphasis on demonstrating compliance with the Conditions herein. 6) Authorization Duration. This authorization is valid for 5 years from the date of issuance and limited to the project described herein. 7) Notice. Upon filing for renewal, extension, or amendment of the Orders of Conditions, the applicant shall contact the Division for written response regarding impacts to Resource Area habitat of state-listed wildlife. Provided these conditions are included in any approving Orders of Conditions issued by the Conservation Commission, and the applicant complies with all the above noted conditions, the project will not result in an adverse impact to the resource area habitats of state-listed wildlife species pursuant to the WPA and will not result in a prohibited Take pursuant to the MESA. A copy of the final Order of Conditions shall be sent to the NHESP simultaneously with the applicant as stated in the Procedures section of the WPA (310 CMR 10.05(6)(e)). We note that all work is subject to the anti-segmentation provisions (321 CMR 10.16) of the MESA. This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This determination is valid for five years. This project may be subject to further review if no physical work is commenced within five years from the date of issuance, or if there is a change to the project. Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Amy Hoenig, Endangered Species Review Biologist, at (508) 389-6364. Sincerely, Thomas W. French, Ph.D. Assistant Director cc: MA DEP Southeast Region Dwight Dunk, Epsilon Associates, Inc.