HomeMy WebLinkAboutSE48_2824 Letter to the Commission from Burton Balkind1
Joanne Dodd
From:Jeff Carlson
Sent:Monday, November 4, 2019 10:42 AM
To:Joanne Dodd
Cc:'burton balkind'
Subject:FW: sbpf
Joanne,
Please distribute to the Commission and add it to the Town website.
Thanks,
Jeff Carlson
Natural Resources Director
Town of Nantucket
2 Bathing Beach Road
Nantucket, MA 02554
508‐228‐7230
From: burton balkind <sprucecool@yahoo.com>
Sent: Thursday, October 31, 2019 5:04 PM
To: Jeff Carlson <JCarlson@nantucket‐ma.gov>
Subject: sbpf
Dear Members of the Nantucket Conservation Commission,
I understand that there is a sediment analysis for sand compatibility for size, but are there guidelines for
analysis for potential sand compatibility and contamination?
Specifically visual contamination in the form of trash and debris, chemical contaminants such as
contamination from highly toxic per- and polyfluorinated compounds (PFAS) and other chemicals or
biological contamination such as fecal matter or high levels of nitrogen but not limited to just those
examples?
The active Order of Conditions (SE 48-24, SOC MassDEP file number SE 48-2610) section C. General
Condition Under Massachusetts Wetlands Protection Act #1 states “Failure to comply with all condition
stated herein, and with all statutes and other regulatory measures, shall be deemed cause to revoke or
modify this Order”
As further stated in the Order, condition #7, “Any fill used in connection with the project shall be clean fill.
Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,
wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any to the
foregoing”. Therefore the photos from June 10, 2019 (previously forwarded to the Commission), are a
clear violation of this condition as there is visual contamination in the fill used.
Upon further readings, my next question for the Board is, while the Order of Conditions requires for
mitigation sand come from offsite locations, is it appropriate for such sand to be from locations such as
construction sites, abandoned or failed septic systems/fields? While visually the sand might look “clean,"
might the sand be contaminated at the chemical or biological level?
Furthermore, does the potentially contaminated sand serve as a point source pollutant and contaminate?
The role of the mitigation sand is to be sacrificed to the ocean in a similar manner that the bluff would
naturally feed the beaches and ultimately the ocean. As the potentially contaminated sand enters the site,
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is there cause for concern for the health safety and welfare of not only the bluff, but the surrounding
environment, habitats, beaches, the ocean and the public?
“The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a
"water of the United States" unless they have a National Pollutant Discharge Elimination System
(NPDES) permit. The permit will contain limits on what you can discharge, monitoring and reporting
requirements, and other provisions to ensure that the discharge does not hurt water quality or people's
health”. - United States Environmental Protection Agency.
Stephen Cohen, attorney hired by SBPF, stated at the August 29, 2019, MassDEP site visit that every
truck load of sand has a ticket and is accounted for. Therefore, it should not be too difficult to determine
where the mitigation sand is coming from and what potentially contaminated materials are in each load of
sand and at what level. Thus allowing the Commission to determine if the sand being used is truly
compatible to that of what is naturally present at the bluff site. Until this happens, and SBPF is able to
produced this data, an Enforcement Order should be issued by the Commission for SBPF to cease and
desist from disposing of potentially contaminated and incompatible sands over the bluff and onto the
beach. Since it is clear that they have already deposited incompatible and contaminated sands over the
bluff, they should not be given a second chance to befoul our beaches and ocean.
I appreciate your time and efforts on this matter. I look forward to hear back from you. If further
information is requested, please do not hesitate to contact me.
Sincerely,
burton balkind