HomeMy WebLinkAbout081415_NOI_Sconset_Submittal_finalSubmitted to:
Nantucket Conservation Commission
2 Bathing Beach Road
Nantucket, Massachusetts 02554
Submitted by:
Siasconset Beach Preservation Fund
PO Box 2279
Nantucket, Massachusetts 02554
August 14, 2015
Notice of Intent
(M.G.L. c. 131, §40) and Town of Nantucket Wetlands Bylaw Chapter 136
Prepared by:
Epsilon Associates, Inc.
3 Clock Tower Place, Suite 250
Maynard, Massachusetts 01754
In Association with:
COWI Marine North America
35 Corporate Drive
Suite 1200
Trumbull, CT 06611
SCONSET BLUFF
GEOTEXTILE TUBE PROJECT
Notice of Intent
Sconset Bluff
Geotextile Tube Project
Nantucket, Massachusetts
Submitted to:
NANTUCKET CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
Submitted by:
SIASCONSET BEACH PRESERVATION FUND
PO Box 2279
Nantucket, MA 02554
Prepared by:
EPSILON ASSOCIATES, INC.
3 Clock Tower Place, Suite 250
Maynard, MA 01754
In Association with:
COWI MARINE NORTH AMERICA
35 Corporate Drive
Suite 1200
Trumbull, CT 06611
August 14, 2015
Table of Contents
21597/Sconset Geotextile Tube Project A-i Attachment A
Notice of Intent Epsilon Associates, Inc.
TABLE OF CONTENTS
WPA FORM 3 NOTICE OF INTENT
ATTACHMENT A PROJECT NARRATIVE 1
1.0 Project Description 1
2.0 Monitoring 2
3.0 Mitigation 3
4.0 Failure Criteria and Escrow Account 3
5.0 Construction 3
6.0 Alternatives 4
7.0 Regulatory Consistency 4
ATTACHMENT B PROJECT PLANS
ATTACHMENT C BENTHIC HABITAT MONITORING PROPOSAL
ATTACHMENT D ADMINISTRATIVE RECORD
ATTACHMENT E FILING FEE INFORMATION
ATTACHMENT F LIST OF OWNERS AND ABUTTERS
WPA Form 3
Notice of Intent
wpaform3.doc • rev. 4/22/2015 Page 1 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Nantucket
City/Town
Important: When filling out forms on the
computer, use only the tab key to move your cursor - do not use the return
key.
Note: Before completing this form consult your local Conservation
Commission regarding any municipal bylaw or ordinance.
A. General Information
1. Project Location (Note: electronic filers will click on button to locate project site):
87-105 Baxter Road
a. Street Address
Nantucket
b. City/Town
02564
c. Zip Code
Latitude and Longitude: 41°16'36.748"N
d. Latitude
69°57'40.559"W
e. Longitude
48 and 49
f. Assessors Map/Plat Number
48-21,48-22, 48-19, 48-18, 48-17, 48-15, 49-8
g. Parcel /Lot Number
2. Applicant:
a. First Name
b. Last Name
Siasconset Beach Preservation Fund
c. Organization
PO Box 2279
d. Street Address
Nantucket
e. City/Town
MA
f. State
02584
g. Zip Code
h. Phone Number
i. Fax Number
sconsetbeachpreservationfund@gmail.com
j. Email Address
3. Property owner (required if different from applicant): Check if more than one owner
a. First Name
b. Last Name
See attached Property Owners (Town of Nantucket and property owners 87-105 Baxter Rd)
c. Organization
d. Street Address
e. City/Town
f. State
g. Zip Code
h. Phone Number
i. Fax Number
j. Email address
4. Representative (if any):
Maria
a. First Name
Hartnett
b. Last Name
Epsilon Associates, Inc.
c. Company
3 Clock Tower Place, Suite 250
d. Street Address
Maynard
e. City/Town
MA
f. State
01754
g. Zip Code
410-451-9766
h. Phone Number
978-897-0099
i. Fax Number
mhartnett@epsilonassociates.com
j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$2,000
a. Total Fee Paid
$987.50
b. State Fee Paid
$1,012.50
c. City/Town Fee Paid
wpaform3.doc • rev. 4/22/2015 Page 2 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Nantucket
City/Town
A. General Information (continued)
6. General Project Description:
See Attachment A. Maintenance of existing three tier geotextile tube system, construction of returns,
construction of a fourth tier of geotextile tubes in certain locations, and ongoing mitigation and monitoring.
7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)
1. Single Family Home 2. Residential Subdivision
3. Commercial/Industrial 4. Dock/Pier
5. Utilities 6. Coastal engineering Structure
7. Agriculture (e.g., cranberries, forestry) 8. Transportation
9. Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)?
1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types)
2. Limited Project Type
If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310
CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification.
8. Property recorded at the Registry of Deeds for:
Nantucket
a. County
1702
b. Certificate # (if registered land)
c. Book
d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.
wpaform3.doc • rev. 4/22/2015 Page 3 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Nantucket
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was
delineated.
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. Bank
1. linear feet
2. linear feet
b. Bordering Vegetated Wetland
1. square feet
2. square feet
c. Land Under
Waterbodies and Waterways
1. square feet
2. square feet
3. cubic yards dredged
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
d. Bordering Land Subject to Flooding
1. square feet
2. square feet
3. cubic feet of flood storage lost
4. cubic feet replaced
e. Isolated Land Subject to Flooding
1. square feet
2. cubic feet of flood storage lost
3. cubic feet replaced
f. Riverfront Area
1. Name of Waterway (if available) - specify coastal or inland
2. Width of Riverfront Area (check one):
25 ft. - Designated Densely Developed Areas only
100 ft. - New agricultural projects only
200 ft. - All other projects
3. Total area of Riverfront Area on the site of the proposed project:
square feet
4. Proposed alteration of the Riverfront Area:
a. total square feet
b. square feet within 100 ft.
c. square feet between 100 ft. and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI? Yes No
6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No
3. Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Note: for coastal riverfront areas, please complete Section B.2.f. above.
wpaform3.doc • rev. 4/22/2015 Page 4 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Nantucket
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
Check all that apply below. Attach narrative and supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.
Online Users:
Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the
Department.
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. Designated Port Areas Indicate size under Land Under the Ocean, below
b. Land Under the Ocean
1. square feet
2. cubic yards dredged
c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. Coastal Beaches 37,000 (perm)/35,000 (temp)
1. square feet
~21,000 cy annual mitigation
2. cubic yards beach nourishment
e. Coastal Dunes
1. square feet
2. cubic yards dune nourishment
Size of Proposed Alteration Proposed Replacement (if any)
f. Coastal Banks 950
1. linear feet
g. Rocky Intertidal Shores
1. square feet
h. Salt Marshes
1. square feet
2. sq ft restoration, rehab., creation
i. Land Under Salt Ponds
1. square feet
2. cubic yards dredged
j. Land Containing Shellfish
1. square feet
k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways, above
1. cubic yards dredged
l. Land Subject to
Coastal Storm Flowage
37,000 (perm)/35,000 (temp)
1. square feet
4. Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a. square feet of BVW
b. square feet of Salt Marsh
5. Project Involves Stream Crossings
a. number of new stream crossings
b. number of replacement stream crossings
wpaform3.doc • rev. 4/22/2015 Page 5 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Nantucket
City/Town
C. Other Applicable Standards and Requirements
This is a proposal for an Ecological Restoration Limited Project. Skip Section C and
complete Appendix A: Ecological Restoration Notice of Intent – Required Actions (310 CMR
10.11).
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the
Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to
http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm.
a. Yes No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581
October 1, 2008
b. Date of map
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please
complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.1.f, if applicable. If MESA supplemental information is not included with the NOI,
by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below).
c. Submit Supplemental Information for Endangered Species Review∗
1. Percentage/acreage of property to be altered:
(a) within wetland Resource Area
percentage/acreage
(b) outside Resource Area
percentage/acreage
2. Assessor’s Map or right-of-way plan of site
2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work ∗∗
(a) Project description (including description of impacts outside of wetland resource area & buffer zone)
(b) Photographs representative of the site
∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state-listed plants
and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process.
wpaform3.doc • rev. 4/22/2015 Page 6 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Nantucket
City/Town
C. Other Applicable Standards and Requirements (cont’d)
(c) MESA filing fee (fee information available at
http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at
above address
Projects altering 10 or more acres of land, also submit:
(d) Vegetation cover type map of site
(e) Project plans showing Priority & Estimated Habitat boundaries
(f) OR Check One of the Following
1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to
310 CMR 10.37 and 10.59.)
2. Separate MESA review ongoing.
a. NHESP Tracking #
b. Date submitted to NHESP
3. Separate MESA review completed.
Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan.
3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run?
a. Not applicable – project is in inland resource area only b. Yes No
If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either:
South Shore - Cohasset to Rhode Island border, and the Cape & Islands:
Division of Marine Fisheries - Southeast Marine Fisheries Station
Attn: Environmental Reviewer 1213 Purchase Street – 3rd Floor New Bedford, MA 02740-6694
Email: DMF.EnvReview-South@state.ma.us
North Shore - Hull to New Hampshire border:
Division of Marine Fisheries - North Shore Office
Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930
Email: DMF.EnvReview-North@state.ma.us
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office.
wpaform3.doc • rev. 4/22/2015 Page 7 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Nantucket
City/Town
C. Other Applicable Standards and Requirements (cont’d)
Online Users: Include your
document transaction number (provided on your receipt page)
with all supplementary information you submit to the Department.
4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website.
b. ACEC
5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. Yes No
6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
a. Yes No
7. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3)
2. A portion of the site constitutes redevelopment
3. Proprietary BMPs are included in the Stormwater Management System.
b. No. Check why the project is exempt:
1. Single-family house
2. Emergency road repair
3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
D. Additional Information
This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete
Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12).
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department.
1. USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)
2. Plans identifying the location of proposed activities (including activities proposed to serve as
a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area.
wpaform3.doc • rev. 4/22/2015 Page 8 of 9
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Nantucket
City/Town
D. Additional Information (cont’d)
3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.
4. List the titles and dates for all plans and other materials submitted with this NOI.
Baxter Road Stabilization Project. Plan View of Slope Stabilization.
a. Plan Title
OCC/COWI
b. Prepared By
Joseph Marrone
c. Signed and Stamped by
8/13/15
d. Final Revision Date
As noted
e. Scale
Typical Geotube Section and Drainage Improvement Plan and Profile
f. Additional Plan or Document Title
8/13/15
g. Date
5. If there is more than one property owner, please attach a list of these property owners not listed on this form.
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. Attach NOI Wetland Fee Transmittal Form
9. Attach Stormwater Report, if needed.
E. Fees
1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district
of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland
Fee Transmittal Form) to confirm fee payment:
30492
2. Municipal Check Number
8/13/15
3. Check date
30491
4. State Check Number
8/13/15
5. Check date
Epsilon Associates
6. Payor name on check: First Name
Epsilon Associates
7. Payor name on check: Last Name
Attachment A
Project Narrative
21597/Sconset Geotextile Tube Project A-1 Attachment A
Notice of Intent Epsilon Associates, Inc.
ATTACHMENT A PROJECT NARRATIVE
This Notice of Intent (NOI) is being filed on behalf of the Siasconset Beach Preservation Fund
(SBPF) in order to facilitate settlement of outstanding state and local appeals1 associated with the
existing three tiers of geotextile tubes constructed in December 2013 and January 2014 (DEP File
No. SE48-2610) and the associated Emergency Certification approvals, NOI, and Superseding
Order of Conditions (SOC). A Settlement Working Group consisting of representatives from the
Nantucket Conservation Commission (ConCom), the Nantucket Board of Selectmen, and SBPF has
been formed to seek resolution of outstanding appeals, consistent with the ConCom’s vote to settle
such appeals and the DEP SOC.
The below sections provide a brief overview of the geotextile tube project. SBPF requests that all
materials submitted during the previous NOI review process for DEP File No. SE48-2610, including
materials submitted during the Department of Environmental Protection’s (DEP) SOC review
process, be included in the administrative record for the current NOI. A list of these materials is
found in Attachment D.
1.0 Project Description
The Project consists of the maintenance of the existing three tiers of sand-filled 45-foot
circumference geotubes along 87-105 Baxter Road; installation of a fourth tier of 45-foot
geotubes along lots 91, 93, 97 and 99 Baxter Road (as provided on the DEP SOC);
installation of smaller (30-foot circumference) geotextile tubes as returns on the ends of the
structure and in the transition area between the three tiers and four tiers; planting of
vegetation; use of a drainage system at 91 Baxter Road; and ongoing maintenance, sand
mitigation and nourishment. Project plans are included as Attachment B.
Returns are needed at the ends of the geotextile tube structure to prevent flanking and end
scour. Consistent with the design approved by the DEP SOC, each return will consist of
five stacked 30-foot circumference geotextile tubes. The southern return will be extended
to protect the vulnerable gully area at 87 Baxter Road. Likewise, small returns are needed
at the transition between the third and fourth tiers to prevent any flanking of the fourth tier.
These returns will consist of two stacked 30-foot circumference geotextile tubes.
Vegetation will consist of American beachgrass followed by native woody vegetation
including Bearberry, Beach Heather, Bayberry, and Beach Plum2. A veneer layer of sand is
1 SBPF has appealed the Conservation Commission’s Denial Order of Conditions under the Nantucket
Wetlands Bylaw Chapter 136; the Conservation Commission has appealed the Superseding Order of
Conditions issued by the Department of Environmental Protection on December 19, 2014 under the
Wetlands Protection Act M.G.L. c. 131, §40.
2 Vegetation along 87 – 105 Baxter Road has already been permitted under DEP File No. SE48-2751; this
NOI only requests permission for vegetation above the returns at 87 and 105 Baxter.
21597/Sconset Geotextile Tube Project A-2 Attachment A
Notice of Intent Epsilon Associates, Inc.
needed to prepare the planting bed prior to planting, as well as sand to smooth out some of
the deeper rills and gullies. Additionally, prior to planting, the gully at 87 Baxter Road and
any other large gullies will be stabilized by installing several sections of three stacked rows
of 20-inch diameter coir logs, to be secured with wooden anchor stakes and rope, and then
filling the gully with compatible sand. (This is the same methodology used to fill other
gullies in the bank approved under SE48-2751.) The upper 5-7 feet of the coastal bank will
not be vegetated and will instead be reserved for swallow habitat (except in the location of
the major gully at 87 Baxter, where this is infeasible because of the fill required to re-
stabilize this area). Planting will be accomplished by men working on the face of the bluff,
with access from the top.
The coastal engineering criteria for the project’s design are described in the April 15, 2014
memo from Ocean and Coastal Consultants attached to the April 25, 2014 submission
entitled “Responses to Questions from Nantucket Conservation Commission and the Public
Asked at Public Hearings on March 19 and April 2, 2014.” Project need, including the
emergency status of homes, is described in the October 2013 NOI and the November 25,
2013 memo from Epsilon Associates.
SBPF proposes to connect an existing drainage system at Lot 91, as approved by the DEP
SOC. This system is designed to collect stormwater runoff from Baxter Road and direct it to
the base of the bluff behind the geotubes. As shown on the plans included in Attachment
B, some minor modifications are needed to the existing drainage system in order to allow it
to collect the expected volume of stormwater runoff. These modifications are: (1) A catch
basin will be added along Baxter Road, (2) The existing 4” PVC pipe will be replaced with a
6” PVC pipe, and (3) A 50’ long horizontal 4” perforated pipe will be placed in the sand
template behind the geotubes to diffuse the collected stormwater.
Wetland resources at the site are coastal bank, coastal beach, and land subject to coastal
storm flowage. The project is not within any estimated or priority habitat mapped by the
Natural Heritage and Endangered Species Program. (Figures of each of these resource areas
are included as Figures 4-5 of the April 25, 2014 submission entitled “Responses to
Questions from Nantucket Conservation Commission and the Public Asked at Public
Hearings on March 19 and April 2, 2014.”)
2.0 Monitoring
Monitoring will occur as described in the SOC or as appropriately conditioned by the
ConCom.
• Shoreline monitoring will occur quarterly. (Figures of the monitoring transects are
included as Figures 2-3 of the April 25, 2014 submission entitled “Responses to
Questions from Nantucket Conservation Commission and the Public Asked at
Public Hearings on March 19 and April 2, 2014.”)
21597/Sconset Geotextile Tube Project A-3 Attachment A
Notice of Intent Epsilon Associates, Inc.
• Benthic habitat monitoring will occur annually as described in Attachment C.
• Annual bathymetry survey will occur as described in Attachment C.
• An annual Assessment Report will be prepared.
• Post-Storm Reports will be prepared
3.0 Mitigation
The long-term average coastal bank retreat calculation was calculated at 14.3 cubic yards
(cy)/ linear foot (lf)/ year (yr), as detailed in the November 1, 2013 memo from Epsilon
Associates entitled “Baxter Road Geotube Project – Coastal Bank Retreat Calculations” and
attached to the November 1, 2013 letter from Milone & MacBroom. The project will
provide a considerable sand mitigation volume of 22 cy/lf/yr (using beach- and bank-
compatible sand), which is equivalent to 1.5 times the average annual volume eroded from
the bank. Sand will be delivered per the schedule in the SOC or as appropriately
conditioned by the ConCom.
4.0 Failure Criteria and Escrow Account
Failure criteria for the project have been developed and are described in the SOC. These
failure criteria include failure to provide the required monitoring, failure to provide the
required mitigation, failure to maintain the geotextile tubes, excessive erosion to adjacent
beaches that is attributed to the project, failure to maintain adequate beach width, and, if
requested by the ConCom, failure to maintain a walkable beach.
Upon exceedance of any failure criteria, the project will be reviewed, modified, or
removed, as described in the SOC and according to any conditions of the ConCom. If
project removal is required, costs for such removal will be paid from the existing escrow
account funded by SBPF (in the amount $150,000, consistent with expected removal costs)
and held by the Treasurer of the Town of Nantucket.
5.0 Construction
Construction of the fourth tier of geotextile tubes and returns will occur through the filling
of the geotextile tubes with a sand slurry, using the same methodology employed for the
existing three tier geotextile tube structure. Beach-compatible sand to fill and cover the
geotextile tubes will be obtained from on-island pits and a temporary water source trench
will be excavated seaward of the existing geotextile tubes but landward of the Mean High
Water (MHW) line. The MHW line will be staked throughout construction. Sand will be
trucked to the site from on-island pits and delivered over the top of the bank using a
conveyor belt system. Beach access will be via Hoick’s Hollow and permission from the
Natural Resources Coordinator will be obtained for vehicular use on the beach from April
1st to September 15th. A detailed construction narrative was provided in Section II of the
21597/Sconset Geotextile Tube Project A-4 Attachment A
Notice of Intent Epsilon Associates, Inc.
April 25, 2014 submission entitled “Responses to Questions from Nantucket Conservation
Commission and the Public Asked at Public Hearings on March 19 and April 2, 2014.”
6.0 Alternatives
An analysis of Alternatives was provided as Attachment A of the October 25, 2013 letter
from Milone & MacBroom. Further analysis of the use of biodegradable materials was
presented in the October 25, 2013 and November 1, 2013 letters from Milone &
MacBroom and in the March 13, 2014 and April 25, 2014 submissions from Epsilon
Associates. The potential use of jute and/or coir is also exhaustively discussed in the
“Alternatives Analysis for the (1) Fourth Tier of the Existing Three Tier Geotextile Tube
Structure and the (2) Return Design,” dated October 23, 2014. Due to the severity of the
coastal environment at Sconset; the scope of bluff loss in large or long storms; the limited
distance to the historic houses, road, and vital infrastructure; and the time involved in
repairing a coir/jute system (minimum of 6-8 weeks for one tier, possibly months if material
has to be ordered from India or another foreign locale) – during which time all or part of the
sand template would not be available to the littoral system; it is not feasible to use erosion
protection that is designed to leave the bluff exposed during or after storms common to the
area.
7.0 Regulatory Consistency
The project’s consistency with state and local wetlands regulations is detailed in (1) the
April 25, 2014 submission entitled “Responses to Questions from Nantucket Conservation
Commission and the Public Asked at Public Hearings on March 19 and April 2, 2014” and
(2) in the May 9, 2014 letter from Reade, Gullicksen, Hanley, Gifford & Cohen, LLP.
Attachment B
Project Plans
Attachment C
Benthic Habitat Monitoring Proposal
Baxter Road Geotextile Tubes 1 Benthic Habitat Monitoring Proposal
ATTACHMENT C BENTHIC HABITAT MONITORING PROPOSAL
As requested by the Nantucket Conservation Commission, the Sconset Beach Preservation
Fund (SBPF) proposes to perform monitoring of benthic habitat in the area offshore from the
geotextile tube installation located below the bluff at 87-105 Baxter Road. Benthic habitat
will be monitored on an annual basis through the use of underwater video. Shore-
perpendicular survey transects would be established within the area of the geotubes and
approximately 500 feet to the north and south. These survey transects would start as close
to shore as possible (at approximately -5 MLW, which is the landward extent of the Woods
Hole Group [WHG] bathymetric surveys) and extend approximately 1,000-1,500 feet
offshore. The survey transects for the underwater video monitoring would be placed to
overlap with the existing WHG shoreline survey transects to the maximum extent possible.
Underwater video monitoring would be performed by a qualified scientist along each
transect to record the benthic habitat and to characterize the bottom sediments including
the calculation of the percent cobble where appropriate. Annual reports would compare
the results of the most recent survey to the previous survey to assess changes in benthic
habitat.
It was requested that SBPF investigate the survey methodology employed by the Center for
Coastal Studies in Provincetown. SBPF’s representatives contacted the principal
investigator, Dr. Mark Borelli, who explained that the Center for Coastal Studies had last
performed surveys in Nantucket in 2013. The Center for Coastal Studies employed an
interferometric sonar system that provided coincident side-scan sonar imagery and
bathymetry. This methodology generated a map of the seafloor and the side-scan sonar
imagery was “ground-truthed” by occasional underwater video monitoring. “Ground
truthing” is the process by which a few areas are directly sampled to provide an
interpretation of what is being observed indirectly by the survey method.
SBPF recommends the use of underwater video monitoring because it allows for direct
observation of benthic habitat, whereas the combination of side-scan sonar imagery and
bathymetry utilized by the Center for Coastal Studies in Provincetown provides an indirect
observation of benthic habitat. This direct observation of benthic habitat will allow a more
meaningful and rigorous assessment of any changes to benthic habitat.
As support for this recommendation, Epsilon recently worked on a project where the
Massachusetts Office of Coastal Zone Management (CZM) indicated a preference for
underwater video monitoring to assess the Comcast/NSTAR Submarine Cable project’s
potential impacts to benthic habitat. The Comcast/NSTAR Submarine Cable project, which
involved the installation of an underwater cable from Cape Cod to Martha’s Vineyard, was
the first project to undergo review under the MA Ocean Management Plan and was
carefully reviewed by CZM, the Department of Environmental Protection (DEP), and the
Division of Marine Fisheries (DMF). One of the environmental issues evaluated for the
project was the potential impacts of cable installation on the benthic habitat. Prior to
Baxter Road Geotextile Tubes 2 Benthic Habitat Monitoring Proposal
construction, the project performed a multibeam bathymetry, side-scan sonar and
underwater video survey to characterize the bottom for the project’s engineering, marine
archaeology and environmental review. For the project’s post-construction survey used to
evaluate potential benthic habitat impacts, CZM, DEP and DMF specifically requested the
use of underwater video monitoring, instead of side-scan sonar and bathymetry surveys, to
provide an assessment of any changes to benthic habitat.
In conclusion, SBPF’s current proposal to conduct benthic habitat monitoring via
underwater video is consistent with guidelines from CZM, DEP, and DMF for similar
benthic habitat monitoring associated with the Comcast/NSTAR Submarine Cable project.
Compared to coincident side-scan sonar and bathymetry, the use of underwater video
monitoring will most clearly indicate any potential impacts to benthic habitat. The cost
difference between the two types of surveys (underwater video vs. coincident side-scan
sonar and bathymetry) is not expected to be material and therefore is not a factor in this
recommendation.
SBPF also proposes to re-evaluate the need for benthic habitat monitoring after three years
of monitoring. Benthic habitat monitoring was proposed for the beach nourishment project
because of the much larger scale of the project, which involved 2,700,000 cubic yards of
sediment over 2.5 miles. The geotextile tube project contributes 18,744 cubic yards of
sediment per year over 0.17 miles (just under 900 feet). Given the vastly smaller sand
volume associated with the geotextile tube project, impacts to benthic habitat are not
expected and therefore the need for ongoing benthic habitat monitoring will be re-
evaluated after three years of such monitoring.
For the bathymetry monitoring, SBPF recommends to continue to use the WHG survey
method. As is currently the case, bathymetry data will be collected along the established
transects from Wauwinet at the north to the Town sewer beds at the south. Offshore
profiles will be taken out to the -25 foot to -35 foot MLW92 contour or 2,000 to 3,000 feet
offshore, whichever is greater. This recommendation is consistent with the intended use of
the shoreline and bathymetry data, as the primary purpose of the ongoing shoreline
monitoring will be to compare conditions after geotextile tube installation with historic
conditions. In order to ensure the greatest accuracy in making these comparisons and avoid
any data incompatibilities, SBPF proposes to keep the ongoing bathymetric survey methods
consistent with the bathymetric survey methods employed over the past twenty years.
Attachment D
Administrative Record
ATTACHMENT D ADMINISTRATIVE RECORD
SBPF is requesting that all materials submitted during the previous Notice of Intent (NOI)
review process (DEP File Number SE48-2610), including materials submitted during the
Department of Environmental Protection’s (DEP’s) Superseding Order of Conditions (SOC)
review process, be included in the administrative record for the current NOI.
The below list includes information submitted by SBPF, the Town of Nantucket Department
of Public Works (DPW) as co-applicant for the October 2013 Notice of Intent, and SBPF or
DPW’s agents. SBPF notes that many others commented on the NOI and expects that all
previously-submitted comments will be noted by the Nantucket Conservation Commission
and included in the administrative record for the current NOI.
• Noticed of Intent application dated October 23, 2013
• October 25, 2013 letter and attachments from Milone & MacBroom
• October 30, 2013 plans from Milone & MacBroom
• November 1, 2013 letter and attachments from Milone & MacBroom
• November 5, 2013 letter and attachments from Milone & MacBroom
• November 6, 2013 figure
• November 12, 2013 letter and attachments from Milone & MacBroom
• November 12, 2013 letter and attachments from Northern Baxter Road
homeowners
• November 13, 2013 letter from Department of Public Works
• November 18, 2013 email from geotube project abutters
• November 19, 2013 letter and attachments from Milone & MacBroom
• November 25, 2013 statement from Dr. Michael Bruno
• November 26, 2013 Emergency Certification Request from SBPF
• November 27, 2013 Denial of Emergency Certification Request by Nantucket
Conservation Commission
• December 3, 2013 Emergency Certification Request and attachments from Town of
Nantucket DPW, prepared by Milone & MacBroom
• December 4, 2013 Emergency Certification Approval of Town of Nantucket DPW
Request by Nantucket Conservation Commission
• December 6, 2013 memo from Ocean and Coastal Consultants
• December 10, 2013 Emergency Certification Approval by MassDEP
• December 17, 2013 Joint Emergency Certification Request from SBPF and Town of
Nantucket
• December 18, 2013 Joint Emergency Certification Approval by Nantucket
Conservation Commission
• January 3, 2014 As-Built Plan
• February 4, 2014 letter from US Army Corps of Engineers
• February 5, 2014 Enforcement Order issued by Nantucket Conservation
Commission
• February 12, 2014 email from FishTec
• February 12, 2014 letter from Joshua Posner, prepared by from Reade, Gullicksen,
Hanley, Gifford & Cohen, LLP
• February 17, 2014 Letter from Cottage & Castle
• February 18, 2014 letter from Flint Industries
• March 14, 2014 letter from Reade, Gullicksen, Hanley, Gifford & Cohen, LLP and
attachments
• March 19, 2014 Presentation at Conservation Commission Hearing
• March 28, 2014 letter from Joshua Posner and Kara Buzanoski, prepared by Reade,
Gullicksen, Hanley, Gifford & Cohen, LLP
• April 10, 2014 letter from Epsilon Associates to MassDEP
• April 25, 2014 submission prepared by Epsilon Associates entitled “Repsonses to
Questions from Nantucket Conservation Commission and the Public Asked at
Public Hearings on March 9 and April 2, 2014.”
• April 25, 2014 updated As-Built plan
• April 28, 2014 letter and attachments from Epsilon Associates
• April 30, 2014 Presentation at Conservation Commission Hearing
• May 9, 2014 letter from Reade, Gullicksen, Hanley, Gifford & Cohen, LLP
• May 9, 2014 Regulatory Summary
• June 3, 2014 Denial Order of Conditions issued by the Nantucket Conservation
Commission
• June 17, 2014 Request for Superseding Order of Conditions and exhibits prepared
by Goulston & Storrs
• October 23, 2014 submittal from Epsilon Associates entitled “Alternatives Analysis
for the (1) Fourth Tier of the Existing Three Tier Geotextile Tube Structure and the
(2) Return Design”
• December 19, 2014 Superseding Order of Conditions issued by MassDEP
• July 5, 2013 Memorandum of Understanding Between the Town of Nantucket and
SBPF; October 9, 2013 Amendment to Memorandum of Understanding
Attachment E
Filing Fee Information
noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: When filling out forms
on the computer, use only the tab key to move your cursor - do not use the return
key.
A. Applicant Information
1. Location of Project:
87-105 Baxter Road
a. Street Address
Nantucket
b. City/Town
30491
c. Check number
$987.50
d. Fee amount
2. Applicant Mailing Address:
a. First Name
b. Last Name
Sconset Beach Preservation Fund
c. Organization
PO Box 2279
d. Mailing Address
Nantucket
e. City/Town
MA
f. State
02584
g. Zip Code
h. Phone Number
i. Fax Number
sconsetbeachpreservationfund@gmail.com
j. Email Address
3. Property Owner (if different):
a. First Name
b. Last Name
See attached property owners (Town of Nantucket and property owners 87 -105 Baxter Rd)
c. Organization
d. Mailing Address
e. City/Town
f. State
g. Zip Code
h. Phone Number
i. Fax Number
j. Email Address
To calculate filing fees, refer to the category fee list and
examples in the instructions for filling out WPA Form 3 (Notice of Intent).
B. Fees
Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category
(identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then
added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To
calculate the city/town share of the fee, divide the total fee in half and add $12.50.
noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2
Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number
of Activities
Step
3/Individual Activity Fee
Step 4/Subtotal Activity
Fee
Category 5 - Revetment
950 feet
$4/LF
$2,000
Step 5/Total Project Fee: $2,000
Step 6/Fee Payments:
Total Project Fee: $2,000
a. Total Fee from Step 5
State share of filing Fee: $987.50
b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: $1012.50
c. 1/2 Total Fee plus $12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment.
To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
Attachment F
List of Owners & Abutters
Project Area
Notification to Abutters
Under The Massachusetts Wetland Protection Act
In accordance with the second paragraph of Massachusetts General Laws Chapter 131,
Section 40, you are hereby notified of the following:
1. The name of the applicant is: Siasconset Beach Preservation Fund.
2. The applicant has filed a Notice of Intent (NOI) with the Nantucket Conservation
Commission for the Sconset Bluff Geotextile Tube Project. The Project consists of the
maintenance of the existing three tiers of sand-filled 45-foot circumference geotubes
along 87-105 Baxter Road; installation of a fourth tier of 45-foot geotubes along lots 91,
93, 97 and 99 Baxter Road); installation of smaller geotextile tubes as returns on the
ends of the structure and in the transition area between the three tiers and four tiers;
planting of vegetation; use of a drainage system at 91 Baxter Road; and ongoing
maintenance, sand mitigation, and nourishment.
3. Project activities are subject to review by the Nantucket Conservation Commission
under the Massachusetts Wetland Protection Act and Nantucket Wetlands Bylaw.
4. The address of the lot where activities are proposed is 87 to 105 Baxter Road,
Nantucket, Massachusetts.
5. Copies of the NOI and site plans may be examined or obtained for a fee from either the:
• Nantucket Conservation Commission, 2 Bathing Beach Road, Nantucket MA 02554,
(508) 228-7230. Please call the Conservation Commission beforehand to verify
arrangements.
• Or (copies) from Epsilon Associates, Inc., 3 Clock Tower Place, Suite 250, Maynard,
MA 01754, (978) 897-7100.
6. Information regarding the date, time and place of the public hearing may be obtained
from the Nantucket Conservation Commission by calling (508) 228-7230.
NOTE: Notice of the public hearing, including its date, time and place, will be published at
least five (5) days in advance in The Inquirer & Mirror.
NOTE: You also may contact the Conservation Commission or the Southeast Regional
Department of Environmental Protection for more information about this application or the
Wetlands Protection Act. To contact the Southeast Regional Department of Environmental
Protection Office, call (508) 946-2700.