HomeMy WebLinkAboutCOC request April 15, 2021 Project # C15476.02
Yarmouth Conservation Commission By Hand Delivery
Attn: Kelly Grant, Administrator
1146 Route 28
South Yarmouth, MA 02664
Re: Certificate of Compliance Application Filing Package
Proposed Relocation of Existing Tidal Connection Between Lewis Bay & Existing Salt Water Wetland
Donald A. & Judith L. Nadeau
Algonquin Street
Yarmouth, MA
Map 21 Parcels 15 & 16
DEP File No: SE 83-2151
Document: 1,346,388
Dear Commission Members:
On behalf of our clients, Donald A. & Judith L. Nadeau, we are submitting a Certificate of Compliance application
filing package including an original check for municipal filing. The following items are enclosed:
• Town of Yarmouth Checklist
• Form WPA-8A Request for Certificate of Compliance
• Statement of Compliance
• Post Construction Tidal Monitoring Report
• Coastal Engineering Co., Inc., Sketch Plan Showing Updated Profiles from Monitoring Survey Data 3/21, dated
4/14/21
• Coastal Engineering Co., Inc., Plan Showing As-Built Hydraulic Wetland Connection, dated 4/6/21
• Copy of $75.00 check made payable to Town of Yarmouth for town filing fee
Please schedule this for your next available public hearing. If you have any questions or require additional
information, please give our office a call. Thank you.
Sincerely,
COASTAL ENGINEERING CO., INC.
Sarah Cole
Enclosures: as stated
cc: Donald A. & Judith L. Nadeau
Charlie A. Agro, Project Manager
R:\Department - Permitting\Current Permitting Forms\COC\App Trans Ltr.doc
Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231
Administrative Checklist
Certificate of Compliance
General Information:
All filings must be made on Town of Yarmouth forms.
All applications must be submitted two weeks prior to the next scheduled Conservation
Commission meeting. Refer to Meeting Schedule
Failure to follow the Administrative Checklist guidelines shall result in an Administrative
Incomplete Application and will not be advertised for a Public Hearing.
Contact the office if you need assistance. We will be happy to help guide you through the process.
Submitting an Application:
______ 1 original application with original signatures
______ 1 pdf of application, plan/sketch, and other supporting information emailed
to kgrant@yarmouth.ma.us
______ Statement from Engineer or stamped As-Built plan, refer to 310 CMR 10.05(9)(d)
______ Local filing fee – Refer to fee schedule, Check payable to “Town of Yarmouth”
DEPARTMENT
OF
CONSERVATION
x
x
x
x
wpaform8a.doc •• rev. 5/29/14 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8A – Request for Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
SE 83-2151
Provided by DEP
A. Project Information
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
1. This request is being made by:
Judith Nadeau, The Land Collaborative Inc.
Name
7 Rachel Road
Mailing Address
West Yarmouth
City/Town
MA
State
02673
Zip Code
Phone Number
2. This request is in reference to work regulated by a final Order of Conditions issued to:
See Attached Owners List
Applicant
4/18/18
Dated
SE 83-2151
DEP File Number
Upon completion
of the work
authorized in
an Order of
Conditions, the
property owner
must request a
Certificate of
Compliance
from the issuing
authority stating
that the work or
portion of the
work has been
satisfactorily
completed.
3. The project site is located at:
Algonquin Street
Street Address
Yarmouth
City/Town
21
Assessors Map/Plat Number
15 & 16
Parcel/Lot Number
4. The final Order of Conditions was recorded at the Registry of Deeds for:
See Attached Owners List
Property Owner (if different)
Barnstable
County
Book
Page
1,346,388
Certificate (if registered land)
5. This request is for certification that (check one):
the work regulated by the above-referenced Order of Conditions has been satisfactorily completed.
the following portions of the work regulated by the above-referenced Order of Conditions have
been satisfactorily completed (use additional paper if necessary).
the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the
work regulated by it was never started.
wpaform8a.doc •• rev. 5/29/14 Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 8A – Request for Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
SE 83-2151
Provided by DEP
A. Project Information (cont.)
6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain
an approval of any plans stamped by a registered professional engineer, architect, landscape
architect, or land surveyor?
Yes If yes, attach a written statement by such a professional certifying substantial
compliance with the plans and describing what deviation, if any, exists from the plans
approved in the Order.
No
B. Submittal Requirements
Requests for Certificates of Compliance should be directed to the issuing authority that issued the final
Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit
this request to that Commission. If the project was issued a Superseding Order of Conditions or was the
subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional
Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-
for-your-city-or-town.html).
C15476.02/NOI- Nadeau
Property Owners:
Doc:679236 Assessor Map 21, Parcel 16
Donald A. & Judith L. Nadeau-25% Interest
7 Rachel Road
West Yarmouth, MA 02673-8362
&
The Land Collaborative Inc.
c/o Joan Burke
15 Algonquin St.
W. Yarmouth, MA 02673
Doc: 275395 Assessor Map 21, Parcel 15
Creative Housing Company, Inc.
c/o Joel Robinson
11160 Kaui Court
Boynton Beach, FL 33437
April 15, 2021 Project # C15476.02
Yarmouth Conservation Commission By Hand Delivery
Attn: Kelly Grant, Administrator
1146 Route 28
South Yarmouth, MA 02664
Re: Statement of Compliance
Certificate of Compliance Request
Proposed Relocation of Existing Tidal Connection Between Lewis Bay & Existing Salt Water Wetland
Donald A. & Judith L. Nadeau
Algonquin Street
Yarmouth, MA
Map 21 Parcels 15 & 16
DEP File No: SE 83-2151
Dear Commission Members:
We have made final inspection of the referenced property and find the work to be completed and in substantial
conformance with the Plan Showing Proposed Hydraulic Wetland Connection specifications and Order of
Conditions issued on April 18, 2018.
Therefore, on behalf of Donald A. & Judith L. Nadeau we respectfully request a Certificate of Compliance be issued
for this project.
Please contact me if you have any questions or require additional information.
Very truly yours,
COASTAL ENGINEERING CO., INC.
Charlie A. Agro
CAA/sgc
Enclosure
cc: Donald A. & Judith L. Nadeau
D:\DOC\C15400\15476.02\Permitting\COC-Ecological Restoration\Statement of Compliance.doc
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 1 of 10
Ecological Restoration Project – Tidal Monitoring Report
Three years after Construction
Written By: Charles A. Agro, E.I.T.
Permitting (Pre-construction):
The hydraulic drainage channel construction and beach nourishment project was applied for
under an Ecological Notice of Intent (E-NOI). The Ecological NOI was approved under the
Restoration Orders of Conditions (R-OOC) MassDEP SE 83-2151 issued on April 18, 2018 and
recorded to the Barnstable County Registry of Deeds on May 17, 2018.
Construction:
The construction of the hydraulic drainage channel and nourishment of the adjacent private
beach was completed on July 30, 2018. Approximately 160 cubic yards was excavated to a
depth of 1-foot NAVD88 from the channel as shown on the approved site plans titled “Plan
Showing Proposed Hydraulic Wetland Connection”. The excavated sand was used to fill the
existing drainage channel and renourish the adjacent private beach. Refer to the pictures
below showing the construction activities and post-construction status of the site.
Photograph 1: Obtained on 07-30-18 showing the beginning of the channel excavation process.
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 2 of 10
Photograph 2: Obtained on 07-30-18 showing the ongoing channel excavation process.
Photograph 3: Obtained on 07-30-18 showing the completed channel excavation. Note that
upon the completion of the hydraulic connection to Nantucket Sound, the retained water in the
saltmarsh drained into through the channel and into the Sound.
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 3 of 10
Photograph 4: Obtained on 07-30-18 showing the completed channel excavation. Note that the
saltmarsh is hydraulically connected to Nantucket Sound and water is freely flowing from the
marsh into the Sound.
Photograph 5: Obtained on 07-30-18 showing the ongoing beach nourishment construction.
Excavated sandy sediment from the new channel was used to nourish the beach and fill in the
old drainage channel to establish a flat berm from the upper marsh down to the water line.
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 4 of 10
Photograph 6: Obtained on 07-30-18 showing the saltmarsh after the retained water drained.
Photograph 7: Obtained on 08-01-18 showing the beach upon completion of the beach
nourishment construction.
Upon the completion of an as-built inspection and survey it was determined that the project
was completed within substantial compliance with the approved design plan. As shown in the
pictures above, the channel connection was successful, and the beach was nourished and
graded to match the naturally sloping profile of the adjacent beaches. As shown in photograph
7, the sediment excavated from the channel was compatible in color and grainsize to the
sediment from the beach.
Permitting (Post-construction):
Post construction requirements for the R-OOC included: ongoing reporting and tidal monitoring
(special condition #15); maintenance plans for any required annual maintenance construction
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 5 of 10
(special condition #16); and an as-built survey and plan certified by a registered P.E. (special
condition #20). As stated in special condition #20 of the R-OOC, an as-built survey and plan
(stamped by a registered P.E.) was required upon the completion of construction. As
previously stated, the as-built survey, site observation, and plans were completed upon
completion of the work which determined the work was completed within substantial
compliance of the approved plans and R-OOC permit. To meet the requirements set by special
conditions #15 and #16, the water levels in the saltmarsh were continuously monitored using
the tide gauge. The measured tide gauge data was used to determine if the newly constructed
hydraulic connection channel was functioning properly to allow water from Nantucket Sound
to inundate the salt marsh with the incoming tide and drain from the saltmarsh as the tide
recedes. As represented in the Post-Construction Tidal Monitoring section of this report, the
water levels in the saltmarsh fluctuated at a significantly increased rate with most of the
incoming tidal swings as planned. Therefore, the channel is continuing to function over the
timeframe between the completion of construction (August 2018) to now (March 2021) and did
not require maintenance construction. Future maintenance construction to re-excavate the
channel will likely be required if sediment accreted within the channel causing it to restrict the
flushing rate of the saltmarsh.
Post-Construction Tidal Monitoring: Tide Data Collection (Continued)
To observe the new rate of flushing caused by the construction of the drainage channel,
Coastal Engineering Company continued to monitor the water level in the saltmarsh using the
same tide gauge which was originally installed on 02/21/2017. (Refer to the report titled
“Ecological Restoration Project – Tidal Monitoring Report” for more information on the tide
gauge). Water levels were monitored within the saltmarsh from August 01, 2018 through
March 26, 2021. The tide gauge malfunctioned between August 02, 2018 and March 21, 2019
and no data was recovered. A new tide gauge was installed (same make and model) on March
21, 2019 and tested to ensure it was functioning properly. The measured data from the new
tide gauge presented that the water level in the salt marsh was fluctuating as expected,
indicating that the hydraulic channel connection had continued to function properly since the
time of construction. The tide gauge is currently operational and continues to monitor the
water levels in the saltmarsh. The results of this study are represented in the graphs below.
Graph 1 (timeframe = 3 months): CEC tide gauge data from 03/01/19 through 05/31/19
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 6 of 10
Graph 2 (timeframe = 3 months): CEC tide gauge data from 06/01/19 through 08/31/19
Graph 3 (timeframe = 3 months): CEC tide gauge data from 09/01/19 through 12/01/19
Graph 4 (timeframe = 3 months): CEC tide gauge data from 12/01/19 through 03/01/20
Graph 5 (timeframe = 3 months): CEC tide gauge data from 03/01/20 through 05/31/20
Graph 6 (timeframe = 3 months): CEC tide gauge data from 06/01/20 through 08/31/20
(Note: it appears the tide gauge malfunctioned on low tides from 08/07/20 through 09/11/20.
It appears to have functioned properly during high tides).
Graph 7 (timeframe = 3 months): CEC tide gauge data from 09/01/20 through 12/01/20
(Note: it appears the tide gauge malfunctioned on low tides from 08/07/20 through 09/11/20.
It appears to have functioned properly during high tides).
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 7 of 10
Graph 8: CEC tide gauge data from 12/01/20 through 03/01/21
Graph 9: CEC tide gauge data from 03/01/21 through 03/24/21
Graph 10: CEC tide gauge data vs NOAA Nantucket Tide Gauge March 2020 (Note that water
level spikes were observed in the saltmarsh during most high tides in Nantucket Sound).
Graph 11: CEC tide gauge data vs NOAA Nantucket Tide Gauge March 2021 (Note that water
level spikes were observed in the saltmarsh during most high tides in Nantucket Sound).
Graph 12 (Graph 7 from original report): CEC tide gauge data before construction vs
anticipated water level data post construction.
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 8 of 10
Tidal Monitoring – Post Construction: Analysis of the Measured Data
As shown in the graphs, the rate of flushing has remained farily consistent since the
construction of the new hydraulic connection channel. (As stated in the original tidal
monitoring report, the water level spikes indicate a flushing event. Refer to the original report
for more information regarding the details of the content and presentation of the tidal
monitoring graphs). According to the original tidal monitoring report (pre-construction report)
the rate of flushing in the saltmarsh was significantly less and only occurred when there
where high astronomical tides and/ or storm surges. As shown in the post-construction
graphs the saltmarsh now flushes on most tidal cycles. This can be observed by the
numerous water level spikes shown in the graphs. Prior to construction the flat line between
the spikes fluctated around 1.6’ and 1.8’ NAVD88 which was above the mea-high water (MHW)
line. Therefore, the average high tide level was not high enough to flush/reach the saltmarsh.
As shown in the post-construction graphs the flat line now flucuates between 0.8’ and 1.2’
NAVD88 which is lower than the MHW level which allows the average tide level to reach the
saltmarsh. The post-construction water levels as shown on the graphs appear similar to the
predicted water levels as shown on graph 12 (refer to the original report, graph 7, for more
information regarding the anticipated water levels). Therefore, the construction of the new
channel sucessfully increased the rate of flushing in the saltmarsh as anticipated.
The increased flushing rates caused by the channel construction appear to have had a positive
environmental impact on the on the saltmarsh. As shown in the pictures below, the saltmarsh
appears to be growing new vegetation after the construction of the channel.
Photograph 8: Obtained on 03/24/21 showing the salt marsh and natural growth of new
vegetation.
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 9 of 10
Photograph 9: Obtained on 03/24/21 showing the salt marsh and natural growth of new
vegetation.
In reference to photograph 6, saltmarsh grass and other vegetation was not present in the
saltmarsh immedtaitly after construction. Now that tidal water can flow into and out of the
saltmarsh on a very regular basis, stagnant water is no longer retained within the saltmarsh
which has likely improved the water quality within the saltmarsh. This appears to be the
reason for the natural growth of new vegetaion within the saltmarsh which can serve as a
more suitable potential habitat for wildlife or shellfish.
Tidal Monitoring – Post Construction: Maintenance Construction
After construction and over the timeframe of March 2019 to now, the rate of flushing appears
relatively consistent. It can be observed in a comparsion of graph 1 and graphs 8 and 9 the
flat line does appear to have slightly increased from 0.8’ NAVD88 to about 1.0’ NAVD88. It
appears that the flat line increase was first observed in September 2019 and again in January
2020 and October 2020. During October 2020 the flat line reached 1.2’ NAVD88 and
eventually subisded back to 1.0’ NAVD88 where it is now. This overall increase indicates less
water is now being flushed out of the saltmarsh, during the ebb tide, and more water is being
retained. There are still regular spikes in the water level which indicates flushing events are
still taking place on a regular basis, but less water is being flushed out. This is likely attributed
to sediment deposition within the channel. As sediment deposits into the channel the elevation
of the bottom of the channle increases which will allow less water to flow out from the
channel. Sediment deposition within the channel is presented by the accompanying monitoring
sketch plan which shows the updated profiles through the channel and abutting beach as of
March 24, 2021. According to the plan the grade across the channel has increased since
construction due to natural acretion of sediment. During flushing events the flowing water will
erode the slopes of the channel and desposit it within the deeper points in the channel
causing shoaling. Eroded sediment from the adjacent beaches during storms will also
accumulate within the channel over time. As shoaling in the channel continues, it will continue
to increase the elevation of the bottom of the channel which will cause the flushing rate of the
C15476.02: Tidal Monitoring Study The Land Collaborative Trust Inc., Algonquin Street, Yarmouth, MA
Page 10 of 10
saltmarsh to decline. This was anticipated in the design and permitting phase of the project
which is why maintenance construction was included with the E-NOI application and
permitted.
Based on the continued success of the channel represented by post-construction tidal
monitoring graphs it appears maintnenace construction is not currently required. It appears
sediment deposition has been taking place in the channel which will eventually reduce the
flushing rate in the saltmarsh and require maintenace construction to re-excavate the
channel. Based on the tidal data graphs and accompanying plans, we estimate that
maintenance construction could be required approximately once every five years. This will
vary depending on storm acitivty as well as regular erosion and acretion levels of the channel
and surrounding beaches.
Tidal Monitoring – Post Construction: Conclusion & Future Considerations
After monitoring the site for several years before and after construction of the new hydraulic
channel connection, it appears that the project appears to have had a positive environmental
impact. The completion of the new channel sucessfully increased the rate of flushing in the
saltmarsh as anticipated. Now that the flushing rate has increased, saltmarsh vegetation has
begun to grow naturally in new areas. The new saltmarsh vegetation is an indication of
improved water quality within the saltmarsh. The coastal beach abutting the saltmarsh
appears to be improved after being nourished by the excavated sediment from the channel.
For these reasons the saltmarsh and surrounding area have experienced environmental
benefits as a result of the project.
Going forward it is our recommendation that the channel is visually inspected on a regular
basis and at different tidal levels of Nantucket Sound to ensure the channel is functioning
properly. As sediment shoaling takes place in the channel and eventually restricts flushing,
maintenance construction should be considered. As previously stated, it seems that
maintenance construction may be required approximately once every five years to maintain
the hydraulic connection between the saltmarsh and the sound. Maintenance construction
should be encouraged from an environmental perspective because the post-construction
condition of the saltmarsh and adjacent wetland resource areas is an improvement of the pre-
construction condition. As represented by the original construction, the construction acitivites
were non-invasive to the surrounding wetland resource areas and the entire construction
process took less than one day. It is our recommendation that the Certificate of Compliance
(COC) should be issued and include ongoing conditions for continued maintenance
construction of the channel.
F:\SDSKPROJ\C15000\C15476\C15476.dwg Apr 14, 2021 - 10:47am
Coastal Engineering Co., Inc. c 2021
PROJECT NO. OF SHEETSDRAWN BYDRAWING FILECHECKED BYDATEPROJECTSCALE
SHEET TITLE SEALDATENO.REVISION BY
THE LAND COLLABORATIVE TRUST INC.
ALGONQUIN STREET YARMOUTH, MA
C15476.02SKETCH PLAN SHOWING UPDATED PROFILES
FROM MONITORING SURVEY DATA 03-202111AS NOTED04-14-2021C15476.dwgNDJ/CAACAA