Section K Accompanying Documents

Town of Duxbury, Massachusetts

OFFICE OF THE BOARD OF SELECTMEN AND TOWN MANAGER

February 19, 2021 Ms. Cris Luttazi Executive Director Duxbury Beach Reservation, Inc. P.O. Box 2593 Duxbury, MA 02331

Re: Support for the Filing of a Notice of Intent

Dear Ms. Luttazi,

I am writing this letter in support of your submission of the Duxbury Beach Reservation’s Notice of Intent. This will be an important step in obtaining a comprehensive suite of permits that will enable Duxbury Beach Reservation the flexibility to respond to beach alterations due to increased storm intensity and frequency, as well as, rising sea.

The Duxbury Harbormaster, Fire and Police Departments provide public safety services to the Gurnet- Saquish community located at the southernmost end of Duxbury Beach. The beach access road is the only means of egress and evacuation for the Gurnet-Saquish community, and it is an extremely important component of the Emergency Evacuation Plan for the Pilgrim Nuclear Power Plant located less than 4 miles away. Ensuring the stabilization of the east end of the Powder Point Bridge abutment is an essential piece of maintaining the bridge. The Town is in agreement that rubber fenders will be placed around bridge piles to protect against the cobbles’ impact on the wooden piles.

Duxbury Beach is also an important recreational asset for the town as well as important nesting habitat for Piping Plovers and Least Terns, both listed species. The MEPA permit gives Duxbury Beach Reservation the ability to increase the resilience of the barrier beach, thereby strengthening the protection for the community, infrastructure, and livelihoods of many.

The Town has had a long partnership with the Duxbury Beach Reservation and we support your efforts to maintain and protect Duxbury Beach, which is such an important asset providing storm surge and direct wave protection to Duxbury and the region.

Regards,

Mr. René J. Read Town Manager

878 Tremont Street, Duxbury, MA 02332 Telephone: 781-934-1100 x6016 Fax: 781-934-9011

January 3, 2020

Elise Leduc Woods Hole Group 107 Waterhouse Road E. Falmouth, MA 02532

RE: Project Location: Duxbury Beach Town: DUXBURY NHESP Tracking No.: 18-37720

To Whom It May Concern:

Thank you for contacting the Natural Heritage and Endangered Species Program of the MA Division of Fisheries & Wildlife (the “Division”) for information regarding state-listed rare species in the vicinity of the above referenced site. Based on the information provided, this project site, or a portion thereof, is located within Priority Habitat 842 (PH 842) and Estimated Habitat 682 (EH 682) as indicated in the Massachusetts Natural Heritage Atlas (14th Edition) for the following state-listed rare species:

Scientific name Common Name Taxonomic Group State Status Charadrius melodus Piping Plover Bird Threatened Sternula antillarum Least Tern Bird Special Concern Sterna dougallii Roseate Tern Bird Endangered Sterna hirundo Common Tern Bird Special Concern Sterna paradisaea Arctic Tern Bird Special Concern

The species listed above are protected under the Massachusetts Endangered Species Act (MESA) (M.G.L. c. 131A) and its implementing regulations (321 CMR 10.00). State-listed wildlife are also protected under the state’s Wetlands Protection Act (WPA) (M.G.L. c. 131, s. 40) and its implementing regulations (310 CMR 10.00). Fact sheets for most state-listed rare species can be found on our website (www.mass.gov/nhesp).

Please note that projects and activities located within Priority and/or Estimated Habitat must be reviewed by the Division for compliance with the state-listed rare species protection provisions of MESA (321 CMR 10.00) and/or the WPA (310 CMR 10.00).

Wetlands Protection Act (WPA) If the project site is within Estimated Habitat and a Notice of Intent (NOI) is required, then a copy of the NOI must be submitted to the Division so that it is received at the same time as the local conservation commission. If the Division determines that the proposed project will adversely affect the actual Resource Area habitat of state-protected wildlife, then the proposed project may not be permitted (310 CMR 10.37, 10.58(4)(b) & 10.59). In such a case, the project proponent may request a consultation with

NHESP File No. 18-37720,Page 2 of 2

the Division to discuss potential project design modifications that would avoid adverse effects to rare wildlife habitat.

A streamlined joint MESA/WPA review process is available. When filing a Notice of Intent (NOI), the applicant may file concurrently under the MESA on the same NOI form and qualify for a 30-day streamlined joint review. For a copy of the NOI form, please visit the MA Department of Environmental Protection’s website: https://www.mass.gov/how-to/wpa-form-3-wetlands-notice-of-intent.

MA Endangered Species Act (MESA) If the proposed project is located within Priority Habitat and is not exempt from review (see 321 CMR 10.14), then project plans, a fee, and other required materials must be sent to Natural Heritage Regulatory Review to determine whether a probable Take under the MA Endangered Species Act would occur (321 CMR 10.18). Please note that all proposed and anticipated development must be disclosed, as MESA does not allow project segmentation (321 CMR 10.16). For a MESA filing checklist and additional information please see our website: https://www.mass.gov/regulatory-review.

We recommend that rare species habitat concerns be addressed during the project design phase prior to submission of a formal MESA filing, as avoidance and minimization of impacts to rare species and their habitats is likely to expedite endangered species regulatory review.

This evaluation is based on the most recent information available in the Natural Heritage database, which is constantly being expanded and updated through ongoing research and inventory. If the purpose of your inquiry is to generate a species list to fulfill the federal Endangered Species Act (16 U.S.C. 1531 et seq.) information requirements for a permit, proposal, or authorization of any kind from a federal agency, we recommend that you contact the National Marine Fisheries Service at (978)281-9328 and use the U.S. Fish and Wildlife Service's Information for Planning and Conservation website (https://ecos.fws.gov/ipac). If you have any questions regarding this letter please contact Emily Holt, Endangered Species Review Assistant, at (508) 389-6385.

Sincerely,

Everose Schlüter, Ph.D. Assistant Director

March 1, 2021 Job No. 2019-0069-00

Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581

Sent Via Certified Mail/RRR and email: [email protected]

Re: Notice of Intent Application Proposed Oceanside Beach & Dune Nourishment and Bayside Erosion Control Duxbury Beach Reservation, Inc. 0 Dux Beach High Pines, 335 & 435 Gurnet Road (along 3.8 miles of Duxbury Beach) Duxbury, MA Parcel ID’s: 145-400-000, 141-421-900, 141-036-000 NHESP Tracking No. 20-29366

Dear Sir/Madam:

Enclosed please find a copy of the Notice of Intent application we have filed with the Duxbury Conservation Commission for the above referenced project. The proposed project/limit of work is located in an area designated as an Estimated Habitat, therefore subject to the endangered species protection provisions of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.25, 10.27, 10.28, 10.29,10.34, & 10.37) and your review.

The proposed project is also located in an area designated as a Priority Habitat, which is subject to a Massachusetts Endangered Species Act (MESA) review under 321 CMR 10.18. Enclosed please find a $4,000 check made payable to the Commonwealth of Mass. - NHESP for the MESA filing fee.

If you have any questions or require additional information, please give me a call at 508-495-6234 or send an email to [email protected]. Thank you.

Sincerely,

Elise Leduc, M.E.M., P. W. S. Coastal Scientist/Project Manager

ENL/beg

Enclosure cc: Mass. DEP/SERO – Wetlands Duxbury Conservation Commission Cristin Luttazi, Duxbury Beach Reservation Executive Director: [email protected]

March 1, 2021 Job No. 2019-0069-00

Mass. Division of Marine Fisheries Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744

Sent via email: [email protected]

Dear Sir/Madam:

Attached please find a copy of the Notice of Intent application we have filed with the Duxbury Conservation Commission for the above referenced project.

If you have any questions or require additional information, please give me a call at 508-495-6234 or send an email to [email protected]. Thank you.

Sincerely,

Elise Leduc, M.E.M., P. W. S. Coastal Scientist/Project Manager

ENL/beg

Enclosure

cc: Mass. DEP/SERO – Wetlands Duxbury Conservation Commission Cristin Luttazi, Duxbury Beach Reservation Executive Director: [email protected]

Section L Wetland Fee Transmittal Form and Fees

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 A. Applicant Information filling out forms on the computer, 1. Location of Project: use only the tab key to move your See attached Addendum A Duxbury cursor - do not a. Street Address b. City/Town use the return key. 2/23/2021 $737.50 c. Check number d. Fee amount

2. Applicant Mailing Address:

a. First Name b. Last Name

Duxbury Beach Reservation, Inc. c. Organization P.O. Box 2593 d. Mailing Address Duxbury MA 02331 e. City/Town f. State g. Zip Code 781-563-0054 [email protected] h. Phone Number i. Fax Number j. Email Address

3. Property Owner (if different): See attached Addendum A a. First Name b. Last Name

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 B. Fees to the category fee list and Fee should be calculated using the following process & worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). 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 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

B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee

Cat. 2c beach nourishment 3 $500 $1,500

Step 5/Total Project Fee: $1,500

Step 6/Fee Payments: $1,500 Total Project Fee: a. Total Fee from Step 5 $737.50 State share of filing Fee: b. 1/2 Total Fee less $12.50 $762.50 City/Town share of filling Fee: 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.)

noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2

Section M Certified Abutters Lists (Note: Abutter Notification to be provided by Conservation Commission upon filing NOI)

Section N Affidavit of Service

Job No. 2019-0069-00

AFFIDAVIT OF SERVICE

Under the Massachusetts Wetlands Protection Act, M.G.L. CH131, Sec. 40

(to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent)

I, Beth Gurney, of The Woods Hole Group, Inc., hereby certify under the pains and penalties of perjury that on March 2, 2021, I sent notification to abutters, in compliance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, and the Department of Environmental Protection’s Guide to Abutter Notification, dated, April 8, 1994, in connection with the following matter:

A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Duxbury Wetlands Protection By-law, by the Duxbury Beach Reservation, Inc. with the Duxbury Conservation Commission on March 2, 2021, for the following properties in Duxbury, MA:

0 Duxbury Beach High Pines, Parcel # 145-400-000 435 Gurnet Road, Parcel # 141-421-900 335 Gurnet Road, Parcel # 141-036-000

The form of the notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service.

3-2-2021 Name Date

Section O Project Maps and Plans

Parcel ID: 141-036-000

Parcel ID: 141-421-900

Parcel ID: 145-400-000

0 0.2 0.4 0.8 q Miles Duxbury Beach Reservation Duxbury Beach Duxbury, MA 107 Waterhouse Road Bourne, MA 02532 Duxbury Parcel ID Map Service Layer Credits: Copyright:© 2013 National Geographic Society, i-cubed

0 0.25 0.5 1 q Miles Duxbury Beach Reservation Duxbury Beach Duxbury, MA 107 Waterhouse Road Bourne, MA 02532 USGS Duxbury Quadrangle