Notice of Intent Application

August 31, 2018

Subject Property 19 Baxter Road Map 49.2.3, Parcel 14 Nantucket, Massachusetts

Applicant Nineteen BR Property, LLC 1500 W Hansen Peak Road Jackson, WY 83001

LEC Environmental Consultants, Inc.

12 Resnik Road, Suite 1 Plymouth, MA 02360 508-746-9491 508-746-9492 fax

www.lecenvironmental.com

PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH

August 31, 2018

FedEx Delivery

Nantucket Conservation Commission 2 Bathing Beach Road Nantucket, MA 02554

Re: Notice of Intent Application [LEC File #: BurJa\18-262.01] 19 Baxter Road Map 49.2.3, Parcel 14 Nantucket, Massachusetts

Dear Members of the Commission:

On behalf of the Applicant, Nineteen BR Property, LLC, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for a proposed walking path on the above-referenced property. Proposed work activities occur within the 100-foot Buffer Zone to a Coastal Dune protected under the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations. Details of the proposed project are depicted on the Site Plan to Accompany a Notice of Intent, prepared by Blackwell & Associates, Inc., dated August 29, 2018.

The following checks made payable to the Town of Nantucket have been forwarded to your office under separate cover: Sixty-Seven Dollars and Fifty Cents ($67.50) for the town portion of the WPA filing fee; Two Hundred Dollars ($200.00) for the Town Consultant fee; and Twenty-Five Dollars ($25.00) for the Bylaw fee. A check made payable to The Inquirer and Mirror ($291.40) has also been submitted for the legal advertising fee. The state portion of the WPA filing fee ($42.50) has been forwarded to the DEP Lockbox.

Thank you for your consideration of this Application. We look forward to meeting with you at the September 19, 2018 Public Hearing to discuss the project further. If you have any questions or require additional information, please do not hesitate to contact me.

Sincerely, LEC Environmental Consultants, Inc.

Stan M. Humphries Coastal Geologist cc: DEP SERO; Nineteen BR Property, LLC; Arthur Reade/Marianne Hanley

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

WPA Form 3 – Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 NANTUCKET and the Town of Nantucket Wetlands Bylaw Chapter 136 City/Town A. General Information

1. Project Location (Note: electronic filers will click on button to locate project site): 19 Baxter Road Nantucket 02554 Important: a. Street Address b. City/Town c. Zip Code When filling out forms on the 41°16’05.76”N 69°57’44.76”W computer, use Latitude and Longitude: d. Latitude e. Longitude only the tab key 49.2.3 14 to move your cursor - do not f. Assessors Map/Plat Number g. Parcel /Lot Number use the return key. 2. Applicant: Nineteen BR Property, LLC a. First Name b. Last Name

c. Organization 1500 W. Hansen Peak Road d. Street Address Jackson WY 83001 Note: e. City/Town f. State g. Zip Code Before completing this form consult h. Phone Number i. Fax Number j. Email Address your local Conservation 3. Property owner (required if different from applicant): Check if more than one owner Commission regarding any municipal bylaw a. First Name b. Last Name or ordinance. 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): Stanley Humphries a. First Name b. Last Name LEC Environmental Consultants, Inc. c. Company 12 Resnik Road, Suite 1 d. Street Address Plymouth MA 02360 e. City/Town f. State g. Zip Code 508-746-9491 508-746-9492 [email protected] h. Phone Number i. Fax Number j. Email address

5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):

$110.00 $42.50 $67.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid

wpaform3.doc • rev. 2/8/2018 Page 1 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

WPA Form 3 – Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 NANTUCKET and the Town of Nantucket Wetlands Bylaw Chapter 136 City/Town A. General Information (continued)

6. General Project Description: The Applicant is proposing a walking path within the 100-foot Buffer Zone to Coastal Dune.

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)? If yes, describe which limited project applies to this project. (See 310 CMR 1. Yes No 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 24647 a. County 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. 2/8/2018 Page 2 of 9

Notice of Intent Application 19 Baxter Road Map 49.2.3, Parcel 14 Nantucket, MA

1. Introduction

On behalf of the Applicant, Nineteen BR Property, LLC, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for a proposed walking path at 19 Baxter Road. Proposed work activities occur within the 100-foot Buffer Zone to a Coastal Dune protected under the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations.

The following NOI Application provides a description of the existing site conditions, Wetland Resource Areas, proposed project designed to protect the interests and values of the Resource Areas identified within the above-referenced statutes. Details of the proposed project are depicted on the Site Plan to Accompany a Notice of Intent, prepared by Blackwell & Associates, Inc., dated August 29, 2018 (Appendix C).

2. General Site Description

The 1.25± acre subject parcel is located off (west of) Baxter Road with single-family dwellings abutting to the north and south (Appendix A, Figures 1 & 2). Coastal Dune and Beach on Town property and the Atlantic Ocean occur to the east. The subject parcel is improved by a single-family dwelling surrounded by lawn/landscaping and accessed via a shell driveway extending from Baxter Road.

Site topography is generally flat where the dwelling and lawn exist and descends from the Sconset Bluff Walk, an existing 6± foot wide public walking path oriented north-south, approximately 40± feet to the eastern property boundary where it essentially levels off on the Town property. A 3± foot wide grass walking path extends in easterly direction from the dwelling and meanders across the abutting property to the south. The upland area between the public walking path and the eastern end of the property is dominated by bayberry (Morella pensylvanica), black cherry (Prunus serotina), rugosa rose (Rosa rugosa), and bush honeysuckle (Lonicera spp.).

The property is located atop glacial sediments (Nantucket moraine deposits) that are composed of upland soils (Riverhead-Nantucket complex, 3 to 8 percent slopes). The geology and soils change to dune and beach deposits and Udipsamments, rolling, east of the site on Town property.

Coastal Dune, Land Subject to Coastal Storm Flowage (LSCSF), and Coastal Beach occupy the Town property located east of the site.

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PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Notice of Intent Application 19 Baxter Road Map 49.2.3, Parcel 14 Nantucket, MA

2.1 Flood Hazard Area Designation

According to the June 9, 2014, Federal Emergency Management Agency Flood Insurance Rate Map for the Town of Nantucket (25019C0114G), the subject parcel is located within Zone X (Appendix A, Figure 3). Flood Zone VE (el. 10), Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined, occurs east of the subject parcel. The off-site LSCSF boundary is equivalent el. 10 (Flood Zone VE).

2.2 Natural Heritage and Endangered Species Program Designation

According to the 14th edition of the Massachusetts Natural Heritage Atlas (effective August 1, 2017) published by the Natural Heritage & Endangered Species Program (NHESP), the subject parcel is not located within an Estimated Habitat of Rare Wildlife and Priority Habitat of Rare Species (Appendix A, Figure 4).

3. Wetland Resource Area Descriptions

No Wetland Resource Areas are located on the subject parcel. Coastal Dune, Land Subject to Coastal Storm Flowage (LSCSF), and Coastal Beach are located east of the subject parcel. Coastal Bank does not exist on the subject parcel due to a relatively flat 30-50± feet wide area that separates a Coastal Dune from the upland previously described. In other words, the Coastal Dune is not located at the landward edge of land with slopes greater than 10:1 and the upland is not intersected by the 100-year floodplain.

Considering that proposed work activities occur within 100 feet of Coastal Dune, the dune is described further below.

3.1 Coastal Dune

According to 310 CMR 10.28(2), Coastal Dune means any natural hill, mound or ridge of sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal dune also means sediment deposited by artificial means and serving the purpose of storm damage prevention or flood control.

According to Section 1.02 of the Bylaw Regulations, there are two definitions for this Resource Area:

Coastal Dune - any hill, mound, ridge, or field of ridges, hills, or mounds, composed of sediment, any portion or component of which over the course of a year touches upon, exchanges sediment with, and is landward of a coastal beach deposited by wind action, storm overwash, and/or is man-made.

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PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Notice of Intent Application 19 Baxter Road Map 49.2.3, Parcel 14 Nantucket, MA

Coastal Dune Field – an assemblage or grouping of coastal dunes, at least a portion of which over the course of a year touches upon, exchanges sediment with, and is landward of a coastal beach, that may or may not be oriented parallel to the shoreline or in response to a dominant wind direction but has been deposited by wind action, wave action, and/or by storm overwash.

On July 19, 2018, LEC delineated the landward boundary of a Coastal Dune based on a 6”-12” depth of windblown and storm deposited sand and topography (i.e., presence or absence of a hill, mound or ridge). Numerous shallow auger holes were dug to confirm the depth of windblown and storm deposited sand. The Coastal Dune is dominated by American beach grass (Ammophila breviligulata) and transitions to bayberry, poison ivy, and scattered Japanese black pine (Pinus thunbergiana) young trees and saplings.

Based on the above, the boundary of the Coastal Dune was demarcated in the field with blaze orange, surveyor’s flagging tape embossed with the words “LEC Resource Area Boundary” in bold, black print. Wetland Flags are numbered CD1 – CD5 within 100 feet of the proposed project. The dune boundary extends further north of flag number CD-1 generally following the 12-foot contour, extending parallel to the easterly property line.

4. Proposed Project

The proposed project involves the extension of the 3± foot wide walking path on the subject parcel. Under existing conditions, the path meanders off-site. This portion of the path will be abandoned and be allowed to naturally revegetate. The new path would be approximately 110 feet long and terminate at the site/Town property boundary. The path extension through the moderately dense bayberry will occur upgradient of the 25-foot Buffer Zone to the Coastal Dune. No Waivers are required for this project.

5. Summary

On behalf of the Applicant, Nineteen BR Property, LLC, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for a proposed walking path within the 100-foot Buffer Zone to a Coastal Dune. No Waivers are required for the proposed project. As depicted on the Site Plan to Accompany a Notice of Intent, prepared by Blackwell & Associates, Inc., dated August 29, 2018, the proposed project has been designed to protect the interests and values of the off-site Resource Areas, Coastal Dune, LSCSF, and Coastal Beach.

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PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Literature Referenced

Federal Emergency Management Agency Flood Insurance Rate Map, Town of Nantucket (25019C0114G) effective June 9, 2014.

https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm

Massachusetts Natural Heritage Atlas, 14th Edition. Natural Heritage & Endangered Species Program, Massachusetts Division of Fisheries and Wildlife, Route 135, Westborough, MA 01581, http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm..

Massachusetts Wetlands Protection Act (M.G.L. c. 131, §. 40) and its implementing Regulations (310 CMR 10.00), www.state.ma.us/dep.

Oldale, Robert N., 1985. Geologic Map of Nantucket and Nearby Islands, Massachusetts, Map I-1580 Department of the Interior, U.S. Geological Survey.

Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations.

United States Department of Agriculture, Soil Conservation Service, in cooperation with Massachusetts Agricultural Experiment Station, Soil Survey for Nantucket County, Massachusetts, issued June 1979. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx

PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH LOCUS

USGS Topographic Map acquired from the Office of Geographic Information (MassGIS) website. 0 450 900 1,800

1:25,000 USGS Topographic Maps - April 2001 Feet

Figure 1: USGS Topographic Map

LEC Environmental Consultants, Inc. 19 Baxter Road

Plymouth, MA ± 508.746.9491 Nantucket, Massachusetts www.lecenvironmental.com August 24, 2018 JENNIFER LANE

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LEC Environmental Consultants, Inc. 19 Baxter Road

Plymouth, MA ± 508.746.9491 Nantucket, Massachusetts www.lecenvironmental.com August 24, 2018 Figure 3: FEMA Firm Insurance Rate Map

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LEC Environmental Consultants, Inc. 19 Baxter Road

Plymouth, MA ± 508.746.9491 Nantucket, Massachusetts www.lecenvironmental.com August 24, 2018