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HomeMy WebLinkAboutEmergency Cert Request July 14, 2022 C17564.01 Yarmouth Conservation Commission By Email & Hand Delivery Attn: Heidi Hudson 1146 Route 28 South Yarmouth, MA 02664 Re: Emergency Certification Application Filing Package Proposed Revetment Repair and Shorefront Stabilization Gold Village Waterside LLC 681 Main Street, Route 28 Yarmouth, MA Map 32 Parcel 121 Dear Conservation Agent and Commission Members: On behalf of our client, Gold Village Waterside LLC, we are submitting an original Emergency Certification Request Filing Package and 7 copies of the project narrative and plan. The following items are enclosed: • Emergency Certification Form • Emergency Certification Request Letter • Existing Waterways License and Plans • Project Description and Site Photos • Coastal Engineering Co., Inc., Sketch Plan entitled “Emergency Revetment Repair for Gold Village Waterside LLC”, SKC-1.2, dated 7/13/2022 If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, COASTAL ENGINEERING CO., INC. Carla A. Davis Enclosures: as stated cc: Gold Village Waterside LLC Todd D. Turcotte, Project Manager WPA Emergency Certification Rev. 01/31/0 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Emergency Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Issuance From: Yarmouth Conservation Commission Issuing Authority 1. Site Location: 681 Main Street, Route 28, Yarmouth, MA 2 Reason for Emergency: The existing licensed revetment is currently failing, creating an unsafe condition for the public. 3. Applicant to perform work: Gold Village Waterside LLC 4. Public agency to perform work or public agency ordering the work to be performed: Yarmouth Conservation Commission 5. Date of Site Visit: Start Date: End Date*: * no later than 30 days from start date or 60 days in the case of an Immediate Response Action approved by DEP to address an oil/hazardous material release. 6. Work to be allowed*: * May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. Signatures: Chairman (or designee) Date A copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency Certification Rev. 01/31/0 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent. 5. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Emergency Certification at reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. 6. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without written approval of the Department. D. Special Conditions E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department’s review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. July 14, 2022 C17564.01 Yarmouth Conservation Commission By Email & Hand Delivery Attn: Heidi Hudson 1146 Route 28 South Yarmouth, MA 02664 Re: Emergency Certification Request Proposed Revetment Repair and Shorefront Stabilization Gold Village Waterside, LLC 681 Main Street, Route 28 Yarmouth, MA Map 32 Parcel 121 Dear Conservation Agent and Commission Members: On behalf of our client, Gold Village Waterside LLC, we are requesting approval for an Emergency Certification for the repair of the existing, licensed rock revetment. The existing revetment is currently failing, creating an unsafe condition for the public. We are requesting a site visit with the Commission as well as for the project to be scheduled for the 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. Todd D. Turcotte, P.E. Waterfront / Marine Division Manager Enclosures: as stated cc: Gold Village Waterside LLC Todd D. Turcotte, Project Manager C17564.01: Emergency Certification Application 681 Main Street, West Yarmouth July 2022 Project Description Page 1 of 5 PROJECT DESCRIPTION 1.0 Background The subject property is located at 681 Main Street (Route 28) in West Yarmouth along the waters of Parker’s River. The majority of the property along Parker’s River is armored with a licensed rock revetment and concrete mortar. There is a 30’ – 35’ gap along the river where there is no revetment protection. This area of the shoreline is experiencing accelerated erosion. The Route 28 bridge just to the North of the project site recently underwent renovations which increased the bridge span over Parker’s River and the span between abutments from approximately 18’ to approximately 30’ allowing more tidal flow under the bridge. The increased tidal flow may be a cause of the accelerated erosion within the revetment gap. Recently, the unprotected shoreline has eroded enough to cause failure and slumping to the north end of the southern revetment. Looking at the photos below, you can see that the bottom grade in the gap has significantly dropped since 2017. The drop in grade has caused the revetment to slump and cracks to form in the concrete between the stones. The cracks in the concrete along with the lack of filter fabric behind the wall allow for subgrade to get washed out, causing further slumping and failure. Photo 4 below shows a sink hole that has formed behind the existing revetment. If further erosion occurs, the existing restaurant foundation could become compromised. 2.0 Project Description The purpose of the proposed project is to provide an emergency repair to temporarily stabilize the shorefront area by repairing the existing revetment and sink hole. The proposed repairs include dismantling and resetting the existing licensed revetment from the gap, south to a few feet from the building and deck. The rebuilding of the revetment will include the use of the existing stones to the extent possible, with geotextile under the stones. No concrete is proposed within the voids to allow for some rock movement without having one large structure failure. There will be no expansion of the existing structure footprint seaward or to the north at this time. The proposed emergency repair is an interim phase of the full project and is intended to provide temporary protection to the building while the remaining full project is designed and permitted. The applicant intends to file a Notice of Intent to complete the shoreline protection project which may include filling the existing gap with a proposed revetment. This full project scope is currently in design discussions with MassDEP Waterways. Since the project would require review from multiple agencies such as the MassDEP Waterways Program and the US Army Corp of Engineers, the timeline to acquire all the necessary permits would be approximately one year or more and there is an urgent need to provide repairs now before further failures occur and jeopardizes the integrity of the foundation. 3.0 Resource Areas The project area is near or within coastal resource areas that include Riverfront Area, Coastal Bank, Land Under the Ocean (LUO), Land Subject to Coastal Storm Flowage (LSCSF), and Salt Marsh. The gap between the two existing revetments used to be comprised of salt marsh, however the accelerated erosion has caused the majority of the peat to disappear, and minimal salt marsh grasses exist. The project will have temporary impacts to the Coastal Bank, LUO, Riverfront Area, and LSCSF during construction. However, there is no increase to permanent adverse impacts to the resource areas that are anticipated as the overall footprint of the existing rock revetment will remain the same. C17564.01: Emergency Certification Application 681 Main Street, West Yarmouth July 2022 Project Description Page 2 of 5 4.0 Emergency Statement Pursuant to both MassDEP’s Wetland Protection Regulations (310 CMR 10.06: Emergencies) and the Yarmouth Wetland Protection Regulations (Part 1.06: Emergencies), authorization to undertake an emergency project may be granted when it is necessary for the protection of the health or public safety of the citizens of the Commonwealth. The condition of the property at 681 Main Street has reached a critical point, as the failing rock revetment has created an unsafe condition in a publicly used area. The erosion at the end of the rock revetment has caused severe slumping of the revetment and sink holes behind the revetment in the lawn area. The erosion has accelerated over the last few weeks and months as seen in the attached pictures, and if further accelerated erosion occurs, the publicly used restaurant and parking lot will be in jeopardy of collapse. The applicant has, thus, demonstrated that the conditions precedent for an Emergency Certification are present, and the Applicant respectfully requests the Commission authorize the work described herein. 5.0 Summary The proposed emergency repair project is intended as an interim step in stabilizing the shoreline along Parkers River where the existing revetment has been undermined. The proposed project has no additional impact on resource areas and is a maintenance and repair to an existing structure to stabilize the bank adjacent to a parking lot and building foundation for a public restaurant. This stabilization provides a safer area for the public. C17564.01: Emergency Certification Application 681 Main Street, West Yarmouth July 2022 Project Description Page 3 of 5 Photo 1: Aerial of Subject Property Gap in revetment with accelerated erosion Failing revetment to be repaired Route 28 Bridge Lobster Boat Restaurant C17564.01: Emergency Certification Application 681 Main Street, West Yarmouth July 2022 Project Description Page 4 of 5 Photo 2: Revetment Gap, Looking South, 06/01/2017 Photo 3: Revetment Gap, Looking South, 10/06/2021 Top of revetment flush with parking lot Top of revetment beginning to slump Minimal eroded edge of shoreline C17564.01: Emergency Certification Application 681 Main Street, West Yarmouth July 2022 Project Description Page 5 of 5 Photo 4: Revetment Gap, Looking South, 06/15/2022 Photo 5: Sink Hole behind Revetment, 06/09/2022 Top of revetment with heavy slumping Dismantled rock Scarped peat D P P P P OSW S S S S S S S S S S S S S S S M PB P P P P 5 6 4 4 6 7 8 9 767 6 BUILDING 681 ROUTE 28 DECKF L O O D E B B PARKER'S RIVER FLOO D Z O N E A E ( E L. 1 2) FLOO D Z O N E A E ( E L. 1 1) FLOOD Z O N E A E ( E L . 1 3 ) FLOOD ZO N E A E ( E L . 1 2 ) PAVED PARKING AREA REVETMENT REVETMENT WORK AREA (SEE SHEET 2) ROUTE 28 PROJECT NO. SCALE DATE 681 ROUTE 28 SHEET NO. ASSESSORS MAP 32, PARCEL 121 REFERENCE: SCALE: 1"= 60' SITE OVERVIEW C17564-01-MAR.dwg DRAWN BY: NDJ VERTICAL DATUM IN U.S. SURVEY FEET REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) BASED UPON THE HEXAGON SMARTNET RTK NETWORK. DATUM:F:\SDSKPROJ\C17000\C17564\C17564-01\C17564-01-MAR.dwg 7/13/2022 4:00 PMGOLD VILLAGE WATERSIDE LLC YARMOUTH, MA C17564.01EMERGENCY REVETMENT REPAIR SKC-1.1FOR AS NOTED 07-13-2022 Coastal Engineering Co., Inc. © 2022 1" = 60' 6003015MASSACHUSETTS STATE PLANE COORDINATE SYSTEMNORTH AMERICAN DATUM OF 1983, MAINLAND ZONE(NAD 83 (2011) (MYCS2) EPOCH 2010.00)SHEET 1 OF 2 D OSW D BUILDING 681 ROUTE 28 REVETMENTDECK DRAINAGE OUTFALL 18" RCP DRAINAGE OUTFALL 24" RCP (ABANDONED) F L O O D E B B PARKER'S RIVER WASHOUT AREA R E V E T M E N T FISHPOND M.H.W. EL. 1.4 M.L.W. EL. -2.2 E DG E O F P A V EM E N TFLOOD ZONE AE (EL. 12)FLOOD ZONE AE (EL. 11)FLOOD ZONE AE (EL. 13)FLOOD ZONE AE (EL. 12)5 6 4 4 PROPOSED 54.4'± EMERGENCY REVETMENT RECONSTRUCTION AREA OF FAILING REVETMENT APPROXIMATE AREA OF SINK HOLE LAWN ISLAND PAVED PARKING AREA LAWN COVERED ENTRYWAY ROUTE 28 PROJECT NO. SCALE DATE 681 ROUTE 28 SHEET NO. ASSESSORS MAP 32, PARCEL 121 REFERENCE: SCALE: 1"= 30' PLAN C17564-01-MAR.dwg DRAWN BY: NDJ VERTICAL DATUM IN U.S. SURVEY FEET REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) BASED UPON THE HEXAGON SMARTNET RTK NETWORK. DATUM:F:\SDSKPROJ\C17000\C17564\C17564-01\C17564-01-MAR.dwg 7/13/2022 4:00 PMGOLD VILLAGE WATERSIDE LLC YARMOUTH, MA C17564.01EMERGENCY REVETMENT REPAIR SKC-1.2FOR AS NOTED 07-13-2022 Coastal Engineering Co., Inc. © 2022 1" = 30' 30015MASSACHUSETTS STATE PLANE COORDINATE SYSTEMNORTH AMERICAN DATUM OF 1983, MAINLAND ZONE(NAD 83 (2011) (MYCS2) EPOCH 2010.00)SHEET 2 OF 2