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Notice of Intent Application April 3, 2018 Subject Property 33 Madaket Road Map 41, Parcel 409 Nantucket, Massachusetts Applicant/Property Owner Hans Dalgaard 65 Surfside Road Nantucket, MA 02554 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 April 3, 2018 Email/Overnight Mail Nantucket Conservation Commission 2 Bathing Beach Road Nantucket, MA 02554 Re: Notice of Intent Application [LEC File #: BrEI\17-237.01] 33 Madaket Road Map 41, Parcel 409 Nantucket, Massachusetts Dear Members of the Commission: On behalf of the Applicant, Hans Dalgaard, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for the proposed construction of a single-family dwelling and appurtenances on the above-referenced property. Proposed work activities occur within the 100-foot Buffer Zone to a Bordering Vegetated Wetlands 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 Proposed Site Plan, prepared by Bracken Engineering, Inc., dated March 30, 2018. Enclosed please find the following checks made payable to the Town of Nantucket: Two Hundred Sixty- Two Dollars and Fifty Cents ($262.50) 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 ($237.50) have been forwarded to the DEP Lockbox. Thank you for your consideration of this Application. We look forward to meeting with you at the April 25, 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. Brian T. Madden Wildlife Scientist cc: DEP SERO; Hans Dalgaard; Bracken Engineering, Inc. Table of Contents i. WPA Form 3 – Notice of Intent ii. WPA Appendix B – Wetland Fee Transmittal Form iii. Copy of Filing Fees iv. Affidavit of Service v. Letter to Abutters vi. Abutter Notification Form vii. Certified List of Abutters Wetland Resource Area Analysis and Report 1. Introduction 1 2. General Site Description 1 2.1 Flood Hazard Area Designation 2 2.2 Natural Heritage and Endangered Species Program Designation 2 3. Wetland Resource Area Descriptions 2 3.1 Bordering Vegetated Wetland 2 4. Proposed Project 3 5. Waiver Request 4 6. Summary 5 Literature Referenced Appendices Appendix A Locus Maps Figure 1: USGS Topographic Map Figure 2: Aerial Orthophoto Figure 3: FEMA Flood Insurance Rate Map Figure 4: NHESP Map Appendix B Photographs Appendix C Proposed Site Plan, Prepared by Bracken Engineering, Inc., Dated March 30, 2018 4 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): 33 Madaket Road Nantucket 02554 Important: a. Street Address b. City/Town c. Zip Code When filling out forms on the 41°16’54.30”N 70°06’51.48”W computer, use Latitude and Longitude: d. Latitude e. Longitude only the tab key 41 409 to move your cursor - do not f. Assessors Map/Plat Number g. Parcel /Lot Number use the return key. 2. Applicant: Hans Dalgaard a. First Name b. Last Name c. Organization 65 Surfside Road d. Street Address Note: Nantucket MA 02554 Before e. City/Town f. State g. Zip Code completing this form consult [email protected] your local h. Phone Number i. Fax Number j. Email Address Conservation Commission 3. Property owner (required if different from applicant): Check if more than one owner regarding any municipal bylaw or ordinance. a. First Name b. Last Name 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): Brian Madden 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): $500.00 $237.50 $262.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 Page 1 of 9 4 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: Proposed construction of a single-family dwelling and appurtenances within the 100-foot Buffer Zone to BVW. 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 a. County b. Certificate # (if registered land) 1611 178 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 33 Madaket Road Map 41, Parcel 409 Nantucket, MA 1. Introduction On behalf of the Applicant, Hans Dalgaard, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for the proposed construction of a single-family dwelling and appurtenances at 33 Madaket Road. Proposed work activities occur within the 100-foot Buffer Zone to Bordering Vegetated Wetlands (BVW) 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 (collectively, the Bylaw). The Applicant is proposing to enhance the 25-foot Buffer Zone and relocate proposed structures further away from the BVW in comparison to the existing barn within the 50-foot Buffer Zone. While not located within high groundwater, proposed structures will not maintain the two (2) feet of separation to high groundwater, as stipulated under the Bylaw. Consequently, waivers are concurrently requested. The BVW boundary was approved through a Determination of Applicability issued by the Nantucket Conservation Commission on September 6, 2017. The following NOI Application provides a description of the existing site conditions, Wetland Resource Areas, proposed project, and mitigating measures proposed 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 Proposed Site Plan, prepared by Bracken Engineering, Inc., dated March 30, 2018 (Appendix C). 2. General Site Description The 1.18± acre subject parcel is located north of Madaket Road between New Lane (east) and Crooked Lane (west) on Nantucket (Appendix A, Figures 1 and 2). Single-family residential homes exist to the east and west. The site itself contains a barn, chicken coop, and horse paddock extending off-site to the north and northeast. A small, pervious parking area is located within the southern portion of the site, adjacent to Madaket Road. Topography descends mildly to the north from Madaket Road before flattening at the BVW boundary. BVW extends across the horse paddock area north of the barn. Upland vegetation is composed of miscellaneous grasses, most notably fescue (Festuca spp.), white clover (Trifolium repens), and common plantain (Plantago major) within the paddock area. Japanese knotweed (Fallopia japonica) surrounds the chicken coop and autumn olive (Elaeagnus umbellata) is present around the parking area. Page 1 of 5 PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Notice of Intent Application 33 Madaket Road Map 41, Parcel 409 Nantucket, MA 2.1 Floodplain Designation According to the June 9, 2014, Federal Emergency Management Agency Flood Insurance Rate Map for the Town of Nantucket (25019C0086G), the subject parcel is primarily located within Zone X, Areas determined to be outside the 0.2% annual chance flood (Appendix A, Figure 3).