HomeMy WebLinkAboutSE48_2824 NLC Letter To DEP regarding on going sand mitigation violation 5_20_21From:Emily Molden
To:Corcoran, Nate (DEP)
Cc:Jeff Carlson; RJ Turcotte; Trey Ruthven
Subject:SE48-2824 Violations
Date:Thursday, May 20, 2021 12:42:32 PM
Attachments:Amended Order of Conditions SBPF 87_105 Baxter Road (48_Various) SE48_2824.pdfSOOC Baxter Road_201412230801086535.pdfSE48_2824 2020 Annual Review - Sconset Geotextile Tube Project.pdfSE48_2824 Independent Review of the 2020 Annual Report by G. Berman 4_16_2021.pdfSE48_2824 Grennhill representation Coastal Analytics 2020 Annual Review comments 05_05_21.pdfSE48_2824 Applied Coastal 2020 Annual Review Comments on behalf of Nantucket Land Council 05_06_21.pdf_05172021-10029.pdfSE48_2824 Posner letter to Chair Erisman regarding 2019 Annual Review meeting 03_22_21.pdf
Dear Mr. Corcoran,
I am writing to express serious concern regarding the ongoing violation of an existing permit
(SE48-2824) held by the Siasconset Beach Preservation Fund (SBPF) for the geotubeinstallation on the eastern shore of Nantucket. The Nantucket Conservation Commission held
a public meeting on Monday, May 17th to review the 2020 Annual Report submitted by SBPFand at the conclusion of the meeting voted unanimously that SBPF is in violation of their
permit for not complying with nourishment mitigation requirements in the permit.
I am attaching the Amended Order of Conditions (SE48-2824) as well as the SupercedingOrder of Conditions issued by Mass DEP on December 19, 2014 (SE48-2610) which require
in special condition 32 and 13 respectively, that a total of 22 cy/lf of sand nourishment beprovided to the project area per year.
I am attaching comment letters from the Nantucket Conservation Commission's independent
reviewer, Greg Berman from Woods Hole Sea Grant and Cape Cod Cooperative Extension,the Nantucket Land Council's consultant coastal engineer, Trey Ruthven from Applied Coastal
Research and Engineering, and the Greenhills (nearby coastal property owner) consultantcoastal engineer, Dr. David Kriebel from Coastal Analytics, who all determined that SBPF is
significantly deficient at providing the required nourishment. Mr. Berman estimated a shortfallto date of over 26,000 cy, and Mr. Ruthven and Dr. Kriebel both determined a shortfall of over
46,000 cy of nourishment, all agree that the deficit has been ongoing and growing for the past5 years.
SBPF has also failed to comply with other monitoring requirements outlined in the Order of
Conditions and Superseding Order of Conditions, but the deficit of mitigation needsimmediate attention to be addressed. The Nantucket Conservation Commission has scheduled
a follow up meeting to address the violations, but I am requesting that Mass DEP also becomeinvolved to ensure the conditions of the permit are upheld, or that the project is ordered to be
removed.
Finally, I am attaching the draft meeting minutes from the May 17 public meeting along with aletter from project proponent Josh Posner of SBPF addressed to Chair Ashley Erisman of the
Nantucket Conservation Commission on March 29, 2021 which demonstrate SBPF'sacknowledgement that they have not been complying with their mitigation requirements, along
with indicating that they do not necessarily intend to do so into the future.
Please acknowledge that you have received this message and let me know how Mass DEP canassist our local Conservation Commission with enforcing the critical components of this
permit which otherwise threatens to continue to negatively impact Nantucket's coastalresources and properties.
Many thanks,
Emily Molden
-- Emily MoldenExecutive DirectorNantucket Land Councilplanning - protecting - preserving6 Ash Lane(508) 228-2818emily@nantucketlandcouncil.org
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