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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.