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HomeMy WebLinkAboutNARRATIVE - Bass River Golf Course v4 (2)NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts NOTICE OF INTENT NARRATIVE INTRODUCTION In accordance with the Massachusetts Wetland Protection Act (MA WPA) (M.G.L., c. 131, s 40) and its implementing Regulations (310 CMR 10.00 et seq.) and the Town of Yarmouth Wetland Protection Regulations, Coneco Engineers and Scientists Inc. (Coneco), on behalf of the Town of Yarmouth is submitting this Notice of Intent for the proposed replacement bridge at the Bass River Golf Course 18th golf hole, located at 62 Highbank Rd, (Map 80, Lot 117), South Yarmouth, Massachusetts. (Attachment A: Figure 1 & 2). The project consists of installing a replacement bridge that will be located within the Riverfront Area of an unnamed tributary to the Bass River and Land Subject to Coastal Storm Flowage. Additional work includes the renovation of the existing pathway to the proposed replacement cart and pedestrian bridge. EXISTING SITE CONDITIONS Project Area Setting The project consists of a pre-existing golf cart and pedestrian bridge that crossed over a perennial stream and an area of salt marsh. The tidal channel which starts at Laban’s Pond on the golf course empties into the Bass River to the south of the crossing. There is a pathway on either side of the crossing that is tied into the previously existing structure. The existing structure was removed in the Spring of 2017 due to damage by a piece of equipment, and the proposed new structure will be installed in the same location. The proposed bridge will be 8 feet in width and span 26.5 feet over the stream and adjacent salt marsh. The bottom of the existing bridge is approximately 6 feet above the bottom of the perennial stream channel, the width of the stream is approximately 14 feet wide at the crossing location. HYDROLOGY The site is located within the Cape Cod watershed. There is a small perennial stream that flows south out of Laban’s Pond (aka Turtle Pond) into the Bass River. General site runoff flows into Laban’s Pond or the Bass River before heading south. The watershed for the stream where the crossing is to take place (starting at the proposed bridge location) is approximately 0.38 square miles. SOILS According to the Natural Resource Conservation Service (NRCS) Soil Survey, soils mapped within the project area are listed as Carver coarse sand, with 3 to 8 percent slopes, (Attachment C: Figure 4). These are excessively drained soils composed of coarse sands throughout the entire profile. CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts Massachusetts Wetlands Protection Act Resource Areas In August of 2023, a Coneco wetland scientist conducted a virtual review of the site to identify resource areas within the project area. Riverfront Area According to 310 CMR 10.58 (a) “a Riverfront Area is the area of land between a river's mean annual highwater line and a parallel line measured horizontally. The riverfront area may include or overlap other resource areas or their buffer zones. The riverfront area does not have a buffer zone.” A river is defined as “any natural flowing body of water that empties to any ocean, lake, pond, or other river and which flows throughout the year. Rivers include streams (see 310 CMR 10.04: Stream) that are perennial because surface water flows within them throughout the year. Intermittent streams are not rivers as defined herein because surface water does not flow within them throughout the year.” Bass River and the tributary connecting Laban’s Pond (aka Turtle Pond) to the Bass River are both perennial streams as shown on the most recent USGS Quadrangle and therefore, according to 310 CMR 10.58 (2.)(a.)1.a., meets the regulatory definition of a “river” with Riverfront Area. The Riverfront Area extends from the Inland Bank, horizontally 200 feet. The project area is approximately 160 feet from Bass River, and crosses the unnamed perennial tributary, therefore, the project falls within the limits of the Riverfront Area. Land Subject to Coastal Storm Flowage Is defined as land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater. The project area is located within the 100-year floodplain or regulatory floodway according to the Federal Emergency Management Agency’s Flood Insurance Rate Map (FEMA FIRM), Community Panel Number 25001C0591J, Effective Date: July 16, 2014 (Attachment C: Figure 5). The Base Flood Elevation upstream of the crossing is 11 feet (NAVD 1988) and downstream of the crossing is (due to wave action). Therefore the crossing area is inclusive of Land Subject to Coastal Storm Flowage. Salt Marsh According to 310 CMR 10.32 (2) “Salt Marsh means a coastal wetland that extends landward up to the highest high tide line, that is, the highest spring tide of the year, and is characterized by plants that are well adapted to or prefer living in, saline soils. Dominant plants within salt marshes typically include salt meadow cord grass (Spartina patens) and/or salt marsh cord grass (Spartina alterniflora), but may also include, without limitation, spike grass (Distichlis spicata), high-tide bush (Iva frutescens), black grass (Juncus gerardii), and common reedgrass (Phragmites). A salt marsh may contain tidal creeks, ditches, and pools.” In August 2023 a Coneco PWS delineated the upslope edge of the salt marsh in the vicinity of the crossing. Each side was delineated, Flags 1-SM-1 to 1-SM-13 on the west (green) side and Flags 2-SM-1 to 2-SM-13 on the east (tee) side. These are shown on the existing conditions plan included in this filing. Salt marsh vegetation along the channel includes Spartina patens CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts saltmeadow cordgrass), Iva frutescens (high tide bush), Juncus gerardii (saltmarsh rush), and Baccharis halimifolia (salt bush). Some of the salt marsh was underlain by the pavement on the tee side of the crossing and the shell cart path on the green side but based on hydrology and vegetation these areas were still identified as salt marsh. Coastal Bank According to 310 CMR 10.30(2) “Coastal Bank means the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland.” The uplands adjacent to the Bass River are shown by MassGIS as the Coastal Bank in this area but by definition the banks for the unnamed tributary could also be considered as Coastal Bank because the tributary is both tidal and has adjacent salt marsh. Rare Species Habitat and Vernal Pools Rare Species Habitat and Vernal Pools A review of the current MassGIS data layer for the Natural Heritage and Endangered Species Program’s (NHESP) Massachusetts Natural Heritage Atlas (15th Edition, August 1, 2021) indicates that the site is not located within a Priority Habitat of Rare Species or an Estimated Habitat of Rare Wildlife and there are no vernal pools located on or within 300 feet of the property (Attachment C: Figure 6). Other Sensitive Resources The project is not located within a Wellhead Protection Area or an area of surface water protection (Attachment C: Figure 8). This project will not involve the installation of any stormwater improvements. The project involves replacing a pre-existing bridge and improvements to pathways associated with the new structure. According to 310 CMR 10.05(6)(m)6, the Stormwater Management Standards shall apply to footpaths bike paths and other paths to the maximum extent practicable. A Stormwater Checklist stamped by a Massachusetts PE has been included in this filing. The project is not located within an Area of Critical Environmental Concern (ACEC) or other Critical Areas such including Outstanding Resource Waters (ORW), Special Resource Waters, Zone A Surface Waters, a Zone I of Zone II of a Groundwater resource, Bathing Beaches, or a Coldwater Fishery (Attachment C: Figure 7). PROJECT ACTIVITIES Project Description and Design The project involves the installation of one (1) replacement bridge. During this work, the CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts contractors will be replacing the previously existing structure with a new bridge built on helical piles in the same location. No side-casting of materials will be deposited within any resource areas or buffer zones. Once all work is completed the area will be restored to pre-construction conditions to the extent practicable and all vegetated areas within the limit of work will be planted with native vegetation. The replacement bridge is not exempt from filing a Notice of Intent under the Wetlands Protection Act (M.G.L. c. 131, § 40) or the Town of Yarmouth Wetland Regulations as the work will take place in resource areas. The proposed new bridge will be longer than the existing structure and will require new foundations (helical piles) to be installed. There will be no adverse effects as a result of this project. In summary, the project involves the: • Replacement of the original bridge with a new bridge. • Re-grading of existing trail extensions from the existing paths to the new bridge. The proposed new bridge will be 26.5-feet-long, 8-feet-wide, and constructed out of polymer reinforced fiberglass. The bridge will have no railing, but there will be a 4-inch-high HDPE curb. The proposed low chord elevation of the bridge will be set at an approximate elevation of 3 to 4 feet, approximately 6 feet above the bottom of the channel. The bankfull width for the new bridge crossing of the perennial stream will be approximately 14 to 16 feet at both the upstream and downstream side of the bridge. The new bridge structure deck will be founded on top of helical pile foundations and secured in place. The path on either end of the bridge will be graded, leveled, and brought to the height of the new bridge using gravel. The proposed bridge and paths will be wide enough to accommodate ADA compliance. The replacement bridge sections will be trucked to the location from the west, using the existing pathways. The bridge will be installed utilizing a long-reach excavator. The construction staging area will be located outside of the resource areas and buffer zones. Existing Conditions Proposed Conditions Bridge Length 24 feet 26.5 feet Bridge Width 7 feet 8 feet Low Chord Elevation of the Bridge 4 feet 4 feet Bank to Bank Width at Crossing 14 feet (average) 14 feet (average) Compacted gravel transitions will be constructed to the east and west of the bridge structure to connect the new bridge with the existing paths. The existing pathways appear to be in adequate CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts condition and will not require maintenance for continued use. Grading of the approaches will need to be completed after the structure has been assembled. Construction Schedule and Procedure Work is proposed to occur in the fall of 2023 or spring of 2024. In general, the construction of the project will procedure as follows: 1. Install siltation and erosion controls. 2. Clear vegetation (if any) along the path extensions to the new bridge piles foundation locations. 3. Construct path extensions from the existing path up to the new bridge helical piles foundation locations. 4. Install the new bridge foundation. 5. Install new bridge stringers and deck. 6. Final grade and stabilize new path extensions. 7. Revegetate all other areas within the limit of work. 8. Remove siltation and erosion controls after site is stabilized and final approval has been obtained by the Conservation Commission. Best Management Practices Both Construction and Design Best Management Practices have been incorporated into the project to avoid and minimize impacts to resource areas. Design Best Management Practices The proposed new bridge design and location were selected to avoid and minimize impacts to resource areas. The proposed bridge will be located in the same area as the previous structure and pathway. The new bridge deck will span the perennial stream and the foundation will be installed upslope from Bank. The new bridge has been designed with the Massachusetts Stream Crossing Standards in mind. Adverse impacts have been minimized by using footings (helical piles foundation) that have a minor impact to the resource areas. The proposed footings require no excavation and disturbance to the embankment’s footprint. Furthermore, much of the work can be completed from the existing pathway which avoids additional resource area impacts. Construction equipment and materials will access the work area from the west, along the existing path. Construction Best Management Practices Construction best management practices will be used to avoid and minimize impacts to resource CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts areas and buffer zones. The contractor will be required to adhere to the Order of Conditions issued by the Yarmouth Conservation Commission. Construction BMPs will include: • Prior to the start of construction, sedimentation and erosion controls including but not limited to compost filter socks will be installed along the work limits to avoid impacting resource areas. • The contractor and/or owner will actively maintain erosion and sedimentation controls until disturbed areas are stabilized. • All exposed areas will be stabilized and vegetated with native species. Seed mixes will consist of all Native species to Barnstable County. The use of Introduced species will be minimized. • The fueling or washing of construction vehicles will not be allowed on site. • All fertilizer, herbicides, and pesticides will be stored at least 100 feet away from resource areas. If stored on site, these materials will be kept in a wrapped or sealed container and kept under cover out of the rain and snow. • Solid waste will be disposed of offsite in a legal manner, at a state licensed recycling center or landfill. • Spill controls will be located on site in a visible easily accessible area. • Fueling of equipment will not occur within any resource areas. • Oils, greases, gas, and other hazardous materials will be stored in a secondary container more than 100 feet from any resource areas. All containers will be labeled. • Haul trucks leaving the site will be covered. • Soil piles will be covered at the end of the day. • The contractor will be responsible for ensuring that all excavated material and soil is handled, transported, and disposed of in accordance with all applicable regulations. In the unlikely event that contaminated soils (or other material) are encountered during excavation or any construction activity, the contractor will be required to have an LSP characterize the soil (and/or other material) to determine appropriate handling and treatment/disposal. Any hazardous waste produced would be managed by MassDEP- permitted haulers and disposal sites. • Contractors should minimize work in close proximity to trees (within the drip line if possible) to avoid root damage and should provide tree protection where required. PROJECT IMPACTS Salt Marsh A total of approximately 805 square feet of salt marsh will be affected by the project. This salt marsh is all in the area where the old structure and paths were located. The upper edge of the salt marsh vegetation has migrated into the former pathways since the old bridge was removed in 2017. This new “salt marsh” is still underlain by bituminous concrete to the southeast and compacted seashells and gravel to the northwest of the proposed bridge location. The proposed work will be within the previous footprint and will include the installation of helical piles for installation of the stringers and new bridge deck. CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts Coastal Bank The proposed new structure will clear span the Banks of the perennial stream and will be in the location of the preexisting structure, so impacts will be completely avoided. Riverfront Area Approximately 2695 square feet of previously disturbed riparian zone will be affected by the project. Following construction this area will be restored to its previous state (either golf course turf, native plantings, or pathway). Land Subject to Coastal Storm Flowage (LSCSF) There will be no impacts to LSCSF. 100 ft Buffer Zone There are no impacts to buffer zones of any resource areas. PROPOSED MITIGATION/RESTORATION The project consists of replacing the former bridge with a new bridge in the same location. The area in which the bridge is to be built has previously been impacted and is disturbed. Mitigation/restoration will be conducted on site where the footprint of the proposed bridge differs from the existing structure. Side slopes of the paths are proposed to be planted with native salt marsh vegetation, any turf areas impacted by the project will be reseeded or sodded, and the golf pathways will be restored. COMPLIANCE WITH STREAM CROSSING STANDARDS The new golf course bridge conforms to the Massachusetts Stream Crossing Standards to the maximum extent possible. The stream crossing standards and an explanation as to how the project improves compliance with the standards follows: 1. Type of Crossing - General: Spans (bridges, 3-sided box culverts, open-bottom culverts, or arches) are strongly preferred. Optimum: Use a bridge. The original bridge will be replaced by a 26.5-feet-long by 8-feet-wide fiberglass reinforced polymer bridge. The natural banks and bottom of the perennial stream will not be impacted. The new structure will span the full width of the stream. 2. Embedment - All culverts should be embedded (sunk into the stream) at least 2 feet; round pipe CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts culverts at least 25%. If pipe culverts cannot be embedded this deep, then they should not be used. When embedment material includes elements >15 inches in diameter, embedment depths must be deeper. A bridge that spans the stream is proposed for this project; therefore, culvert embedment criteria do not apply. 3. Crossing Span - General: Spans channel width (at least 1.2 times the bankfull width of the stream). Optimum: Spans the streambed and banks (at least 1.2 times the bankfull width) with sufficient headroom to provide dry passage for wildlife. The 26.5-feet span will accommodate the stream bed, banks, and overbanks under the structure. The average bank full width at the crossing location is approximately 14 feet. The optimum span is therefore exceeded at 16.8 feet (at a ratio of 1.2). The proposed bridge span will be approximately 20 feet, resulting in a bankfull width ratio of 1.4. Clearance under the bridge is approximately 6 feet as measured from the stream bed to the bridge low chord elevation. 4. Openness - General: Openness ratio (cross-sectional area/crossing length) of at least 0.82 feet. The crossing should be wide and high relative to its length. Optimum: Openness ratio of at least 1.64 feet and minimum height of 6 feet. If nearby conditions significantly reduce wildlife passage near a crossing, a higher openness ratio and minimum height are necessary. The proposed openness ratio is 10.5 feet. The maximum height under the bridge is 6 feet. The proposed structure therefore meets the General Openness Ratio Standard. Cross-sectional Area Measured along centerline of bridge (Height is Low chord elevation to Average Stream Bed x Bankfull Width) = 6 FT x 14 FT = 84 SF Crossing Length (Measured from upstream to downstream side of the bridge structure) = 8 FT Openness Ratio = 84/8 = 10.5 FT 5. Substrate - Natural bottom substrate should be used within the crossing and should match upriver and downriver substrates. The substrate and design should resist displacement during floods and maintain an appropriate bottom during normal flows. Not applicable. There will be no impacts to the stream bottom during the installation of the new bridge. All work will be completed from above the MHWM of the stream. 6. Water Depth and Velocity - Water depths and velocities are comparable to those found in the natural channel at a variety of flows. Not applicable. There will be no impacts to the stream bottom during the installation of the new bridge. The new bridge will span the river. CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts LIMITED PROJECT STATUS Under 310 CMR 10.53 (3.) (j) of the WPA Regulations, the path bridge qualifies as a “Limited Project.” (j) The construction and maintenance of catwalks, footbridges, wharves, docks, piers, boathouses, boat shelters, duck blinds, skeet and trap shooting decks and observation decks; provided, however, that such structures are constructed on pilings or posts so as to permit the reasonably unobstructed flowage of water and adequate light to maintain vegetation. Regardless of the provisions of 310 CMR 10.54 through 10.58 and 10.60, the Conservation Commission may issue an Order of Conditions for the construction of the new golf course bridge. The new bridge will span the existing stream. No piles or posts will be constructed in the water. The new bridge improves upon the Stream Crossing Standards. The new bridge is oriented east to west. The stream bottom is currently unvegetated but consists of natural sands. CONFORMANCE WITH WPA PERFORMANCE STANDARDS The Resource Areas, along with the WPA performance standards and the project’s compliance with the standards, follows: Riverfront Area (a) Protection of Other Resource Areas. The work shall meet the performance standards for all other resource areas within the riverfront area, as identified in 310 CMR 10.30 (Coastal Bank), 10.32 (Salt Marsh), 10.55 (Bordering Vegetated Wetland), and 10.57 (Land Subject to Flooding). When work in the riverfront area is also within the buffer zone to another resource area, the performance standards for the riverfront area shall contribute to the protection of the interests of M.G.L. c. 131, § 40 in lieu of any additional requirements that might otherwise be imposed on work in the buffer zone within the riverfront area. The other performance standards are listed below with a response to how the standards were met. (b) Protection of Rare Species. No project may be permitted within the riverfront area which will have any adverse effect on specified habitat sites of rare wetland or upland, vertebrate or invertebrate species, as identified by the procedures established under 310 CMR 10.59 or 10.37, or which will have any adverse effect on vernal pool habitat certified prior to the filing of the Notice of Intent. The area is not shown by NHESP as rare species habitat. (c) Practicable and Substantially Equivalent Economic Alternatives. There must be no practicable and substantially equivalent economic alternative to the proposed project with less adverse effects on the interests identified in M.G.L. c. 131 § 40. The area has been previously impacted and there was a pre-existing structure at the crossing location. This project area is the most practicable as it generates the CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts least amount of impacts and degradation to the resource areas. It also introduces a higher level of safety on the course as the crossing creates a continued line of sight from the tee to the hole. (d) No Significant Adverse Impact. The work, including proposed mitigation measures, must have no significant adverse impact on the riverfront area to protect the interests identified in M.G.L. c. 131, § 40. As previously stated, the proposed project is for a replacement bridge of a pre- existing structure. The bridge will be installed in the same location and will utilize the existing pathways. There is no other crossing location or different configuration that would have fewer impacts. Land Subject to Coastal Storm Flowage There are currently no performance standards listed for Land Subject to Coastal Storm Flowage in the Wetland Protection Regulations. Salt Marsh WHEN A SALT MARSH IS DETERMINED TO BE SIGNIFICANT TO THE PROTECTION OF MARINE FISHERIES, THE PREVENTION OF POLLUTION, STORM DAMAGE PREVENTION OR GROUND WATER SUPPLY, 310 CMR 10.32(3) THROUGH (6) SHALL APPLY: (3) A proposed project in a salt marsh, on lands within 100 feet of a salt marsh, or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. 310 CMR 10.32(3) shall not be construed to prohibit the harvesting of salt hay. The proposed bridge will not be altering any area that has not been previously impacted. During the lapse in time between the pre-existing structure to now, some salt marsh vegetation has grown in the previous pathway. This “salt marsh” is underlain by bituminous concrete and compacted shell/gravel pathways. The pathway has otherwise been maintained, but this small previously disturbed area will be impacted for the construction of the new bridge and continued pathway maintenance. (4) Notwithstanding the provisions of 310 CMR 10.32(3), a small project within a salt marsh, such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if such a project complies with all other applicable requirements of 310 CMR 10.21 through 10.37. Other than maintenance of the existing pathway and partially blocking sunlight from underlying vegetation, there will be no impacts to the salt marsh. (5) Notwithstanding the provisions of 310 CMR 10.32(3), a project which will restore or rehabilitate a salt marsh, or create a salt marsh, may be permitted in accordance with 310 CMR CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts 10.11 through 10.14, 10.24(8), and/or 10.53(4). The project will not restore or rehabilitate the salt marsh, but plantings will be installed to enhance and ensure there is no further degradation to the resource area. (6) Notwithstanding the provisions of 310 CMR 10.32(3) through (5), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.37. The area is not shown by NHESP as rare species habitat. Coastal Bank WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310 CMR 10.30(3) THROUGH (5) SHALL APPLY: (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met: (a) a coastal engineering structure or a modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action, and (b) the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. (c) protective planting designed to reduce erosion may be permitted. There will be no construction of a coastal engineering structure. The proposed project is for the construction of a replacement bridge that will span the perennial stream. (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. The proposed project will have no adverse effect on the movement of sediments within the site. (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131, § 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts There will be no construction of a coastal engineering structure. The proposed project is for the construction of a replacement bridge that will span the perennial stream. WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) THROUGH (8) SHALL APPLY: (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The proposed project will have no adverse effects on the stability of the coastal bank. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. There will be no construction of a coastal engineering structure. The proposed project is for the construction of a replacement bridge that will span the perennial stream. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The area is not shown by NHESP as rare species habitat. SUMMARY In accordance with the Massachusetts Wetlands Protection Act and its associated regulations (310 CMR 10.00), Coneco Engineers & Scientists, Inc. (Coneco) on behalf of the Town of Yarmouth is requesting an Order of Conditions for the golf course bridge replacement at the 18th golf hole of the Bass River Golf Course. The project involves the replacement of the original bridge which was removed due to damage in 2017 with a new bridge in the original location. Additional work includes the construction of new path extensions from the existing path up to the new bridge. • Under 310 CMR 10.53 (3.) (j) of the WPA Regulations, the path bridge qualifies as a “Limited Project.” Regardless of the provisions of 310 CMR 10.54 through 10.58 and 10.60, the Conservation Commission may issue an Order of Conditions for the construction of the new path bridge. • This project meets the Massachusetts Stream Crossing Standards to the maximum extent practicable. It improves on the conditions set by the existing structure. The access for wildlife and the hydrology of the site will not be further hindered by the proposed structure. CONECO ENGINEERS & SCIENTISTS, INCORPORATED NOTICE OF INTENT Bass River Golf Course Replacement Bridge Revised October 17, 2023 Yarmouth, Massachusetts REFERENCES Massachusetts Department of Environmental Protection (MassDEP). 1995. Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act, A Handbook. March 1995. Massachusetts Department of Fish and Game (MassDFG). 2018. Massachusetts River Crossings Handbook. 2nd Edition, June 2012. Reprinted May 2018. U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. Vicksburg, Mississippi: U.S. Army Engineers Waterways Experiment Station Environmental Laboratory. U.S. Army Corps of Engineers. 2006. Invasive Species Control / Management Plan (ISCP) Guidance. New England District. U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, C. V. Noble, and J. F. Berkowitz. ERDC/EL TR-12. Vicksburg, MS: U.S. Army Engineer Research and Development Center. CONECO ENGINEERS & SCIENTISTS, INCORPORATED