Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
NOI April 2024 (2)
April 11, 2024 Job No. 2023-0169-00 Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Sent Via Overnight Mail and Email: MESAReview@mass.gov Re: Notice of Intent Application Restoration & Proposed Maintenance of Rebuilt Portions of Primary Coastal Dune Great Island Homeowners Association 0 Great Island Road, Yarmouth, MA Map 7 Parcel 1 and Map 10 Parcel 1 Dear Sir/Madam: Enclosed please find a copy of the Notice of Intent application we have filed with the Yarmouth Conservation Commission for the above referenced project. The proposed project/limit of work is located in an area designated as an Estimated Habitat for Rare Wildlife, therefore subject to the endangered species protection provisions of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.27, 10.28, 10.29, & 10.37) and your review. The proposed project is also located in an area designated as a Priority Habitat of Rare Species, which is subject to a Massachusetts Endangered Species Act (MESA) review under 321 CMR 10.18. Enclosed please find a $300.00 check made payable to the Commonwealth of Mass. - NHESP for the MESA filing fee. If you have any questions or require additional information, please give me a call at 508-495-6302 or send an email to bbower@woodsholegroup.com. Sincerely, Bradford Bower Environmental Permitting Specialist BGB/beg Enclosure cc: MassDEP/SERO – Wetlands & Waterways Yarmouth Conservation Commission Cynthia Richards, Great Island Homeowners Association Great Island Realty Trust Leslie Fields, Woods Hole Group, Inc. Chris Gloninger, Woods Hole Group, Inc. April 11, 2024 Job No. 2023-0169-00 Yarmouth Conservation Commission Attn: Brittany DiRienzo, Agent 1146 Route 28 South Yarmouth, MA 02664 By Hand Delivery and email: bdirienzo@yarmouth.ma.us Re: Notice of Intent Application Restoration & Proposed Maintenance of Rebuilt Portions of Primary Coastal Dune Great Island Homeowners Association, Applicant 0 Great Island Road, Yarmouth, MA Map 7 Parcel 1 and Map 10 Parcel 1 Dear Brittany: On behalf of our client, the Great Island Homeowners Association (GIHA), we are submitting an original Notice of Intent (NOI) Application, three original checks for municipal filing fees, and an original plus six copies of the plan for the above referenced project. Please note, as the causeway is located in the Great Island Common Areas, under the GIHA Declaration and Bylaws, the GIHA, acting through its Board of Directors, has the authority to sign the NOI form, not the Trustees of the Great Island Realty Trust (who is listed as the Owner). Also note, this work was previously authorized under an Emergency Certification dated January 5, 2024, a copy of which is included in this NOI submittal. Please schedule this for your May 16, 2024, public hearing. If you have any questions or require additional information, please give me a call at 508-495-6302 or send an email to bbower@woodsholegroup.com. Sincerely, Bradford Bower Environmental Permitting Specialist BGB/beg Enclosures: as stated cc: MassDEP/SERO – Wetlands & Waterway: sero_noi@mass.gov MA Division of Fisheries & Wildlife – NHESP (hard copy and via MESAReview@mass.gov) MA Division of Marine Fisheries via email: DMF.EnvReview-South@mass.gov Yarmouth Waterways/Shellfish Committee Cynthia Richards, Great Island Homeowners Association Great Island Realty Trust Leslie Fields, Woods Hole Group, Inc. Chris Gloninger, Woods Hole Group, Inc. Notice of Intent Application Restoration & Proposed Maintenance for Rebuilt Sections of Coastal Dune Along Great Island Road for the Great Island Homeowners Association April 2024 PREPARED FOR: Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 PREPARED BY: Woods Hole Group, Inc. A CLS Company 107 Waterhouse Rd Bourne, MA 02532 USA 107 Waterhouse Road Bourne, MA 02532 Phone: 508-540-8080 Fax: 508-540-1001 e-mail: WHGroup@whgrp.com www. woodsholegroup.com Notice of Intent Content: A. Notice of Intent Application & Yarmouth Administrative Checklist B. Project Description C. Existing Environment D. Performance Standards Compliance Narrative E. Accompanying Documents Town of Yarmouth Site Access Authorization Form NHESP Submittal Letter & Proof of Submission Mass. Division of Marine Fisheries Submittal Letter & Proof of Submission Emergency Certification, Issued 1/5/2024 Grain Size Analysis Report from Briggs Engineering, dated 1/3/2024 Town of Yarmouth Conservation Commission 21-Day Waiver F. Wetlands Fee Transmittal Form & Fees Copy of $237.50 check made payable to Commonwealth of Mass. for state share of DEP fee, (original sent directly to lockbox) Copy of $300.00 check made payable to Commonwealth of Mass. – NHESP Copy of $262.50 check made payable to Town of Yarmouth for town share of DEP fee Copy of $200.00 check made payable to Town of Yarmouth for town bylaw fee Copy of $10.00 check made payable to Town of Yarmouth for advertising fee G. Certified Abutters List , Abutter Notification & Copies of Certified Mail Receipts H. Affidavit of Service I. Project Maps & Plan Yarmouth USGS Map, identifying locus Assessors Map, identifying locus properties Plan entitled, “As-Built Conditions Plan for Rebuilding of Primary Coastal Dune at Great Island Road, West Yarmouth, MA” sheets 1-2, dated 3/26/2024 Section A Notice of Intent Application & Yarmouth Administrative Checklist Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 12/2023 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. Detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are present) or other resource area calculations, and supporting information. 1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. All abutters must be notified via certified mail. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 6 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. See plan requirements Yarmouth’s share of State filing fee: Separate check made payable to “Town of Yarmouth” (refer to NOI Wetland Fee Transmittal Form) By-law filing fee: Separate check made payable to “Town of Yarmouth” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 12/2023 Page 2 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP’s request listed as “YARMOUTH - NOI - Street Address - Applicant Name” and copied to bdirienzo@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma.us Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF Section B Project Description Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B1 of B9 Sections of Great Island Road, Yarmouth, MA B. PROJECT DESCRIPTION Introduction Great Island is a roughly 550-acre peninsula situated between the eastern shoreline of Lewis Bay and Nantucket Sound in West Yarmouth, Massachusetts. Great Island Homeowners’ Association (GIHA) includes 43 homes (and seven open lots) that are connected to the mainland by Great Island Road located on Great Island Barrier Beach. Great Island Road provides the only means of vehicle access for residents and has become increasingly vulnerable to coastal storm flooding and damage due to climate change. Figure B-1 shows the roadway network on Great Island. Figure B-1 Great Island roadway infrastructure (gray lines). The coastal beach and dune resources along the Nantucket Sound side of the road have lost width, elevation, and volume in recent years, creating a greater risk of erosion and coastal storm damage to the road. The vulnerability of the roadway, which serves as the only means of vehicle and emergency access to the Island, is a significant concern for GIHA. With a large enough storm, damage along Great Island Road could render the roadway impassable, with potential permanent damage to the road infrastructure, including the associated utilities (i.e., fiber-optic cable, electricity) that serve the Island. Damage to any of this infrastructure could threaten public health and safety for the Island’s year-round residents. The roadway's vulnerability was exposed on December 18, 2023, when a coastal storm caused considerable damage to the beach, dune, and roadway, resulting in a severely degraded dune and over washed sand and debris in the road. During that storm, which included strong southeast winds and significant waves in Nantucket Sound, there was extensive damage to two (2) portions Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B2 of B9 Sections of Great Island Road, Yarmouth, MA of the primary frontal dune protecting the south side of Great Island Road. The areas that sustained the greatest damage are indicated by the red lines, with dune photos in Figure B-2. Figure B-2 Areas of coastal dune damaged along Great Island Road during the December 18, 2023 storm. During the fall of 2023, the GIHA retained Woods Hole Group, in collaboration with Fuss & O’Neill, to conduct a vulnerability and alternatives assessment of Great Island's roadway and bridge infrastructure with the goal of developing long-term solution(s) for maintaining access to Great Island. Since the Woods Hole Group and Fuss & O’Neill team were already working on assessing the long-term resiliency of the roadway, GIHA requested that the team respond to the December 2023 storm damage with alternatives for maintaining road access. Woods Hole Group visited the site with the Town of Yarmouth's Fire Captain, Kevin Huck, on December 26 to assess public health and safety issues associated with the existing roadway. Captain Huck expressed concerns about the ability of emergency responders to reach the Island if further damage to the roadway were to occur. With two additional Sou’easters on the radar for early January, GIHA understood the need for emergency intervention to prevent the roadway from eroding. On GIHA's behalf, Woods Hole Group requested Emergency Certification to restore the primary dune and protect road access. The Emergency Certification was issued under 310 CMR 10.06 on January 5, 2024 (see Section E), and work on the project was completed on February 9, 2024. As required by the regulations, this Notice of Intent is being filed after the fact for work completed under the Emergency Certification. Project Description The emergency dune restoration activities along Great Island Road, took place over 910 linear feet of shoreline that were the most significantly damaged during the December 2023 storm. The Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B3 of B9 Sections of Great Island Road, Yarmouth, MA dune restoration activities were completed in two phases. The first phase involved the installation of geotextile bags filled with sand in the areas where the primary coastal dune was significantly compromised and where the road needed protection against future storm damage. The second phase involved placing sand cover over the bags and creating a natural slope in front to mimic the dune function and aesthetics. Construction occurred along two distinct stretches of shoreline, as shown in Figure B-3. Work occurred over 810 linear feet to the north, and 110 linear feet to the south. Figure B-3 Reaches of shoreline where emergency dune repair occurred in yellow. Phase I Bulk Bag Placement – January 8th - 12th, 2024: During this first phase of work, bulk bags were filled with imported clean, compatible sand and placed along the line of the coastal dune. Then, they were backfilled with additional sand behind the bags to fill in gaps with the remaining eroded dune. Each bulk bag is made of woven coated polypropylene, measuring 35-in x 35-in x 45-in and holding approximately 1.2 cubic yards of sand that weighs over a ton. Along the northern stretch of the dune, the bulk bag footprint encompasses 2,400 square feet, made up of 213 bulk bags, along 810 linear feet of coastal dune. The bulk bag footprint encompasses 262.5 square feet in the southern area of the dune, including 24 bulk bags placed along 110 linear feet of shoreline (Figure B-4). In total, 237 bulk bags were installed, requiring approximately 280 cubic yards of sand. An additional 362 cubic yards of sand was placed behind the bulk bags in the north area as backfill. Approximately 642 cubic yards of sand were imported and put in the Project area during this phase of this work. Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B4 of B9 Sections of Great Island Road, Yarmouth, MA Figure B-4 Bulk bag placement to the south along the edge of Great Island Road in place of dune damaged during the December 2023 storm (April 1, 2024). Phase II Sand Cover Placement – February 6th - 8th: During this second phase of work, the bulk bags were covered with compatible, clean sand that mimicked the existing natural dune function and aesthetic. This sand cover was also placed to help prevent the bulk bags' accelerated deterioration from UV light. The sand was placed roughly one foot over the top of the bulk bags, and then the front slope of the cover was graded on a 4H:1V slope from the top to the toe. Each end of the sand cover was feathered into the existing coastal dune to provide a smooth transition to reduce erosion. Along the southern stretch of bulk bags, sand was placed and graded only on top and in front since the bags are flush against the road, and additional sand on the back side of the bags would interfere with vehicle passage. Snow fencing was placed along the backside of these bulk bags to stabilize the sand, protect the bags from UV degradation, and improve the road's aesthetics. A total of 1,447 cubic yards of sand was placed over the north and south bulk bag arrays. The northern nourishment encompassed an area of 24,231 square feet and the southern nourishment encompassed a total area of 2,031 square feet. Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B5 of B9 Sections of Great Island Road, Yarmouth, MA Figure B-5 Final grading of sand cover in the northern construction area at a 4H:1V slope facing west (April 1, 2024). Construction Methods: Each bulk bag was filled using a skid steer to hold the bags open by the lifting loops, and then a mini-excavator filled each bulk bag with sand. Once filled, the skid steers maneuvered to the placement location and lowered the bulk bags onto the dune. Bulk bags were placed in a tight single row aligned to follow the core of the degraded dune. Each bulk bag was tied shut to prevent future sand loss. The bulk bags were then tied together in groups of 10 using a line to enhance stability and reduce the chance of damage or failure during future storms. Once a section of bags was complete, a sand cover was placed behind the bags to fill the void between the bags and the edge of the road. During Phase II of construction, sand was delivered by a tri-axle truck and staged in existing sandy vehicle turn-around areas on the west side of Great Island Road. Three materials storage areas were used for the northern area, and two storage areas were used for the southern area, encompassing a total of 6,100 square feet. A front-end loader was then used to move the sand to the dune using temporary access paths across the bulk bag arrays. A skid steer was then placed and graded the material across the dune. Access to the dune restoration area for the skid steer was from the coastal beach, directly seaward of the bags. The sand was placed to a depth of roughly a foot over the top of the bulk bags, and then the front slope of the cover was graded on a 4H:1V slope from the top of the bags to the toe of the dune. Each end of the sand cover was feathered into the existing coastal dune to provide a smooth transition to reduce erosion (Figure B-6). Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B6 of B9 Sections of Great Island Road, Yarmouth, MA Figure B-6 Shows Sand placement along the edge of Great Island Road, where a skid steer was used to grade sand along the top and sides of the bulk bag array (February 8, 2024). Figures B-7 and B-8 show the temporary dune access points, the limit of construction access on the Coastal Beach, and the pre-existing vehicle turnaround areas used for construction access and sand staging. Figure B-7 Construction access and staging areas used for work in the northern area. Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B7 of B9 Sections of Great Island Road, Yarmouth, MA Figure B-8 Construction access and staging areas used for work in the southern area. Wetland Resources Impacted: Work for the project occurred within Coastal Dune, Coastal Beach, Barrier Beach, Estimated Habitats of Rare Wildlife, and Land Subject to Coastal Storm Flowage resources. Table B-1 describes the total area of disturbance to each resource as a result of the Project construction. Table B-1 Project’s Total Area of Disturbance. Area Shoreline Length (L.F.) Primary Coastal Dune (S.F.) Coastal Beach (S.F.) Barrier Beach, Rare Wildlife Habitat, & Land Subject to Coastal Storm Flowage (S.F.) * North 810 24,231 12,363 40,254 South 110 2,031 2,047 6,518 Total 920 26,262 14,410 46,772 * Total areas include staging areas on the west side of Great Island Road. Ongoing Maintenance: The bulk bags with sand cover are intended to be a temporary erosion control measure to prevent damage to the roadway and underlying electric utilities until the results of the alternatives analysis for long-term resiliency have been completed. The study is scheduled for completion in August 2024. The adaptations identified in the study would then be designed and permitted and ready for construction in approximately two years. Consequently, bulk bags will serve as temporary erosion control measures for approximately two years while different adaptations are identified, designed, permitted, and constructed. During this time, additional sand cover over the bags is being requested up to 2 times per year to help maintain the longevity of the bags and suitable slopes for protected shorebirds. Maintenance may include repair of damaged bulk bags as necessary and nourishment of up to 2,090 cubic yards of beach-compatible Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B8 of B9 Sections of Great Island Road, Yarmouth, MA sand on a bi-annual basis (nourishment amount is based on the total amount used to complete Phases I and II of the existing Project) to maintain the current dune profile. Alternatives Considered: Do Nothing The December 18, 2023, storm caused significant erosion of the Coastal Dune within several feet of the roadway. The Do Nothing alternative would leave the dune and road infrastructure as is, with no changes to improve the dune's protective value. The Do Nothing alternative would risk complete erosion of the Coastal Dune with future storm activity and likely damage to the roadway and associated utilities that serve the 43 developed properties on Great Island. This alternative has the potential to cause significant damage to the roadway and possibly trap year-round residents on the island if they are not evacuated in advance of an impending storm and renders emergency access by land impossible. Storm damage to the roadway could also result in pieces of asphalt dislodging and spreading across the beach. For these reasons, this alternative was eliminated from further consideration. Dune Nourishment Dune nourishment was also considered an alternative for restoring the dunes to their pre-storm condition and footprint. Following the December 18, 2023 storm, it was estimated that restoration of the primary Coastal Dune would require 3,000 cubic yards of sediment. The viability of this alternative was questioned when it was determined that storms of a similar track and magnitude would likely continue for weeks following the December 18, 2023 storm. It was determined that any dune nourishment efforts would have only short-term effects, and the likelihood of damage to the roadway and associated utilities would remain high with this alternative. Repeated renourishment during the winter storm season would introduce significant quantities of sediment to the littoral system at a high cost to the GIHA. For these reasons, this alternative was eliminated from further consideration. Bulk Bags with Sand Cover This alternative includes the use of bulk bags with sand cover along the most severely eroded sections of the dune to protect vulnerable sections of Great Island Road. As seen in Figure B-9, this alternative proposes placing the bulk bags covered with nourishment, including backfill, to replicate the previous dune profile. The sand cover protects the bags from UV degradation and creates dune slopes suitable for protected shorebirds. The bulk bags also provide a buffer along the edge of the roadway that prevents wave action from further damaging the road and associated utilities. By maintaining sand cover over the bags with up to 2,090 cubic yards of material twice per year (as needed), this alternative will continue to provide a sediment source to the adjacent beaches and will maintain the dune profile that existed naturally on this stretch of shoreline prior to the winter storm season of 2023/2024. This alternative was identified as the best opportunity to protect the roadway from further erosion due to its increased vulnerability after the December 2023 damage. However, this alternative is seen as a temporary solution until Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page B9 of B9 Sections of Great Island Road, Yarmouth, MA the study for a longer-term solution(s) for access to Great Island can be identified, designed, permitted, and implemented. It is estimated that this temporary solution will need to be in place and maintained for approximately two years until the longer-term solution(s) are ready for implementation. Figure B-8 Bulk bags with sand cover which was selected as the best alternative for the emergency response at Great Island. Section C Existing Environment Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C1 of C12 Sections of Great Island Road, Yarmouth, MA C. EXISTING ENVIRONMENT Property Ownership The project site is located on parcels 7/1 and 6/6 along the eastern and western sides of Great Island Road in the Town of Yarmouth. Great Island Realty Trust, which the Great Island Homeowners Association governs, is the owner of record for both project sites and the other parcel, 10/1, located along the western side of Great Island Road (Figure C-1). Figure C-1. Property ownership within the Project Area. History of Development Great Island Road provides the sole means of access to 43 homes located on Great Island. The road was first developed in the early 1800s. Subsequent changes to relocate a portion of the road north and south of White Cedar Road further from the shoreline were made between 1969 and 1973 (Figure C-2). A series of shore perpendicular groins were also installed along the shoreline east of the road between 1938 and 1969. A small section of the road located mid-way between White Cedar Road and the bridge was armored with rip rap stone sometime in the late 1970s. The armoring extends along approximately 750 linear feet of the roadway. A large-scale Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C2 of C12 Sections of Great Island Road, Yarmouth, MA beach nourishment project was implemented in the winter of 1989-1990, placing approximately 330,000 cubic yards of material on the south and west-facing shorelines of Great Island (south of Fox Point). More recently, the Great Island Homeowners Association (GIHA) has implemented a small dune restoration project along the east-facing shoreline to protect the road from storm damage. Figure C-2. Aerial photograph showing current location of Great Island Road as compared with the pre-1973 road layout. Historic and Archaeological Resources Review of the Massachusetts Historical Commission’s Massachusetts Cultural Resource Information System (MACRIS) indicated no historic or archaeological resources within the project area. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C3 of C12 Sections of Great Island Road, Yarmouth, MA Sea Level Rise The National Oceanic and Atmospheric Administration’s (NOAA) Center for Operational Oceanographic Products and Services maintains a series of tide gauges along the coast of Massachusetts. Records from NOAA’s tide gauges closest to the site, at Woods Hole (Station ID 8447930) and Nantucket (Station ID 8449130), indicate that relative sea level has risen at a rate between 3.07 and 4.01 mm annually over the past 58 to 91 years. This translates to a change of 1.01 to 1.32 ft (12.0 to 15.79 inches) in 100 years. Storm Surge and Future Flooding The Commonwealth’s High Sea Level Rise (SLR) scenario, as integrated into the Massachusetts Coast Flood Risk Model (MC-FRM), was used to evaluate the project area’s vulnerability to flooding in 2030 and 2070 (Figures C-3 and C-4). These figures show a probability of annual flooding along Great Island Road in the area of the bulk bags of 100% by 2030. By 2070 the probability of annual flooding is 100% for the entire stretch of road along the barrier beach. The low-lying nature of the site also puts the road at risk of flooding during future periods of high tide. Figure C-5 shows the extents of mean higher high water (MHHW) for present day, 2030, 2050, and 2070 at the project site, based on data from the MC-FRM dataset. As soon as 2030, daily tidal flooding is predicted along the back side (west side) of the barrier beach and the bridge areas. Daily tidal flooding is predicted to impact large sections of Great Island Road by the year 2070. Figure C-3. Probability of inundation in 2030 assuming a high sea-level rise scenario. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C4 of C12 Sections of Great Island Road, Yarmouth, MA Figure C-4. Probability of inundation in 2070 assuming a high sea-level rise scenario. Figure C-5. Present-day Mean Higher High Tide (MHHW) flooding projections compared to MHHW in 2030, 2050, and 2070. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C5 of C12 Sections of Great Island Road, Yarmouth, MA Sediment Characterization Eight (8) grab samples were collected from the beach and dune areas east of Great Island Road to help characterize the sediments (Figure C-6). The samples were then sent to a laboratory for grain size analysis (Section E). The results showed that the beach and dune are composed of medium-grained sand (D50 of 0.019). Figure C-6. Location of sediment grab Samples Collected on December 27, 2023 in relationship to the bulk bag arrays. Regulated Coastal Resource Areas Coastal wetland resource areas impacted by project construction include Coastal Beach, Coastal Dune, Barrier Beach, Land Subject to Coastal Storm Flowage, and Estimated Habitats of Rare Wildlife. Wetland resource areas delineated on January 19, 2024, for the Feasibility Study for Road and Bridge Resiliency Infrastructure Project at Great Island are shown in Figure C-7. A description of each resource area is provided in the following sections. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C6 of C12 Sections of Great Island Road, Yarmouth, MA Figure C-7. Wetland resource areas delineated January 2024 within the Project Area. Coastal Beach 310 CMR 10.27 The 310 CMR 10.27 regulations define Coastal Beach as extending “from the mean low water line landward to the dune line, coastal bank line or the seaward edge of existing human-made structures, when these structures replace one of the above lines, whichever is closest to the ocean.” Coastal Beach resources are present at the site along the east side of Great Island Road, between the low water line in Nantucket Sound and the toe of Coastal Dune or existing rip rap. The Coastal Beach ranges in width from 80 to 100 ft, with a mild slope of 1V:20H (Figures C-8 and C-9). The beach does not exhibit a typical beach berm with a wide and nearly flat high tide beach. Instead, the cross-shore slope from the low water line and the toe of dune or rip rap is relatively uniform. The high tide line is between 25 and 30 ft from the toe of the Coastal Dune. During coastal storms, the beach is typically inundated with surge and wave action. Significant storm events, such as the ones that occurred during December 2023 and January 2024, can result in significant erosion of the Coastal Beach and adjacent Coastal Dune. Seasonal changes in beach width are also common, with the beach becoming wider during the summer months and narrower during winter months. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C7 of C12 Sections of Great Island Road, Yarmouth, MA Figure C-8. January 2024 photo looking south along the Coastal Beach. Figure C-9. December 2023 photo looking north along the Coastal Beach. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C8 of C12 Sections of Great Island Road, Yarmouth, MA Coastal Dune 310 CMR 10.28 The 310 CMR 10.28 regulations define Coastal Dune as “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.” Primary Coastal Dune resource is present along much of the eastern side of Great Island Road and Secondary Coastal Dune resource is present throughout the area of Barrier Beach west of the road. The Primary Coastal Dune is relatively narrow, ranging from 15 to 47 ft wide (Figures C-10 thru C-12). The width is generally greatest at the northern end of the site and narrowest at the southern end of the site. Dune crest elevations east and west of Great Island Road range from 7.0 to 11.0 ft NAVD88. Vegetation on the Coastal Dunes includes American beachgrass (A. breviligulata), seaside goldenrod (S. sempervirens), dusty miller (J. maratima), Northern bayberry (M. pensylvanica) Eastern red cedar (J. virginiana) scrub oak (Q. ilicifolia), and pitch pine (P. rigida) interspersed. Figure C-10. Eroded Coastal Dune located north of the northerly bulk bag array. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C9 of C12 Sections of Great Island Road, Yarmouth, MA Figure C-11. Narrow section of Coastal Dune between rip rap and Great Island Road. Figure C-12 Typical area of Secondary Coastal Dune west of Great Island Road. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C10 of C12 Sections of Great Island Road, Yarmouth, MA Barrier Beach 310 CMR 10.28 The entirety of the Project area is located within a Barrier Beach resource. The 310 CMR 10.28 regulations define Barrier Beach as a “narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast. It is separated from the mainland by a narrow body of fresh, brackish or saline water or a marsh system. A barrier beach may be joined to the mainland at one or both ends.” Estimated Habitats of Rare Wildlife 310 CMR 10.37 The bulk bag arrays are located within Priority and Estimated Habitats of Rare Species (PH 945, EH 756) as published by the Natural Heritage and Endangered Species Program (Figure C-13). As described in the 301 CMR 10.37 regulations, Estimated Habitat Maps are “based on the estimated geographical extent of the habitats of all state-listed vertebrate and invertebrate animal species for which a reported occurrence within the last 25 years has been accepted by the Program and incorporated into its official data base”. According to the Natural Heritage and Endangered Species Program, the project site is located within Priority habitat of Piping Plover (Charadrius melodus – threatened), Least Tern (Sternula antillarum – Special Concern) and New England Blazing Star (Liatris novae-angliae – Special Concern). Since the bulk bag arrays are located on the Coastal Dune, the project will not have an impact on New England Blazing Star habitat. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C11 of C12 Sections of Great Island Road, Yarmouth, MA Figure C-13. The existing developed footprint within NHESP Estimated and Priority Habitat for Rare and Endangered Wildlife. Land Subject to Coastal Storm Flowage 310 CMR 10.04 All previously described resource areas are included in Land Subject to Coastal Storm Flowage. Land subject to coastal storm flowage is defined in 310 CMR 10.04 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." Land subject to coastal storm flowage in the Project area was delineated based on the Special Flood Hazard Area boundary shown on the current effective FEMA Flood Insurance Rate Maps (Effective 2014). The bulk bag project area is mapped within flood Zones VE (El 14) and (El 13) on FEMA flood zone maps 25001C0588J and 25001C0782J (Figure C-14). The VE Zone designation indicates a special flood hazard area subject to wave action greater than 3 ft (velocity hazard) and inundation by the 1% annual chance flood. Woods Hole Group, Inc. • A CLS Company Great Island Homeowners Association – Notice of Intent Application Page C12 of C12 Sections of Great Island Road, Yarmouth, MA Figure C-14. Project area effective FEMA flood zones (FEMA). Section D Performance Standards Compliance Narrative Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D1 of D11 Sections of Great Island Road, Yarmouth, MA D. PERFORMANCE STANDARDS COMPLIANCE NARRATIVE The proposed project is located within the jurisdiction of the Wetlands Protection Act, M.G.L. c. 131, s. 40 and the Yarmouth Wetlands Protection Bylaw. As such, all work for the proposed project was designed to comply with the requirements of the State (310 CMR 10.00) and local wetland regulations. All attempts have been made to design a construction plan that will have the least impact, both temporary and permanent, on the site’s resources. The project will have impacts on the following Wetland Resources: Coastal Beach Coastal Dune Barrier Beach Estimated Habitats of Rare Wildlife Land Subject to Coastal Storm Flowage (Bylaw Only) The following narrative describes the existing resource areas listed above and demonstrates how this project meets the performance standards for work in each resource area. Wetlands Protection Act and Regulations (310 CMR 10.00) 310 CMR 10.27 – Coastal Beach Work proposed in the Coastal Beach includes access for equipment during construction. (2) Definition. Coastal beach is unconsolidated sediment subject to wave, tidal and coastal storm action that forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal beaches extend from the mean low water line landward to the dune line, coastal bank line or the seaward edge of existing man-made structures, when these structures replace one of the above lines, whichever is closest to the ocean. WHEN A COASTAL BEACH IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION, FLOOD CONTROL OR PROTECTION OF WILDLIFE HABITAT, 310 CMR 10.27 (3) through (7) SHALL APPLY: (3) Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion, decreasing the volume or changing the form of any such coastal beach or an adjacent or downdrift coastal beach. Vehicle access across the Coastal Beach during construction of the bulk bag arrays resulted in a temporary impact to the beach. Upon completion of the project, the beach was regraded Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D2 of D11 Sections of Great Island Road, Yarmouth, MA to its pre-construction conditions. The project did not result in a loss of sand volume from the beach, nor did it change the form of the beach or the adjacent or downdrift beaches. (4) Any groin, jetty, solid pier, or other such solid fill structure which will interfere with littoral drift, in addition to complying with 310 CMR 10.27(3), shall be constructed as follows: (a) It shall be the minimum length and height demonstrated to be necessary to maintain beach form and volume. In evaluating necessity, coastal engineering, physical oceanographic and/or coastal geologic information shall be considered. (b) Immediately after construction any groin shall be filled to entrapment capacity in height and length with sediment of grain size compatible with that of the adjacent beach. (c) Jetties trapping littoral drift material shall contain a sand by-pass system to transfer sediments to the downdrift side of the inlet or shall be periodically redredged to provide beach nourishment to ensure that downdrift or adjacent beaches are not starved of sediments. The bulk bags installed during this project are filled with sand and the bags are in place temporarily, until a longer-term solution for access to Great Island can be identified, designed, and implemented. As such the bulk bags do not represent a solid fill structure. The temporary bulk bag arrays do not interfere with littoral drift as they do not extend perpendicular to the beach. As such the bags will not trap or impound littoral drift. The sand cover over the bags will provide a source of sand for transport to adjacent beaches during storms with elevated water levels and waves. The length of the bulk bag array was minimized to the extent possible while still providing critical erosion control for the roadway. (5) Notwithstanding 310 CMR 10.27(3), beach nourishment with clean sediment of a grain size compatible with that on the existing beach may be permitted. While the project does not involve nourishment of the Coastal Beach, sand cover over the bulk bag arrays on the Coastal Dune will be maintained and replenished up to twice annually as necessary. All material used for covering the bags will be clean sediment with a grain size distribution that is compatible with the adjacent beach. WHEN A TIDAL FLAT IS DETERMINED TO BE SIGNIFICANT TO MARINE FISHERIES OR THE PROTECTION OF WILDLIFE HABITAT, THE FOLLOWING REGULATION SHALL APPLY: (6) In addition to complying with the requirements of 310 CMR 10.27(3) and 10.27(4), a project on a tidal flat shall if water-dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries and wildlife habitat caused by: (a) alterations in water circulation, (b) alterations in the distribution of sediment grain size and Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D3 of D11 Sections of Great Island Road, Yarmouth, MA (c) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of dissolved oxygen, temperature or turbidity, or the addition of pollutants. NA – The project did not take place on the tidal flats. (7) Notwithstanding the provisions of Sections 10.27(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites or rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. According to the Natural Heritage and Endangered Species Program, the project site is located within Priority habitat of Piping Plover, Least Tern, and New England Blazing Star. Since the bulk bag arrays are located on the Coastal Dune, the project will not have an impact on New England Blazing Star habitat. Impacts to protected shorebirds will be avoided by following all required Time of Year windows for construction. This means that all future work to maintain sand cover over the bulk bags will be performed between September 1 and March 31. Additionally, the slope of the sand cover over the bulk bags in the Coastal Dune will be no steeper than 1V:4H. Excerpts from 310 CMR 10.28 – Coastal Dune Work proposed in the Coastal Dune includes installation and maintenance of bulk bag arrays for erosion control, installation of sand cover over the bulk bag arrays up to twice annually, and maintenance of a sand fence along the road side of the southerly bulk bag array. (2) Definition. 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. WHEN A COASTAL DUNE IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION, FLOOD CONTROL OR THE PROTECTION OF WILDLIFE HABITAT, 310 CMR 10.28(3) through (6) SHALL APPLY: (3) Any alteration of, or structure on, a coastal dune or within 100 feet of a coastal dune shall not have an adverse effect on the coastal dune by: (a) affecting the ability of waves to remove sand from the dune; (b) disturbing the vegetative cover so as to destabilize the dune; (c) causing any modification of the dune form that would increase the potential for storm or flood damage; (d) interfering with the landward or lateral movement of the dune; (e) causing removal of sand from the dune artificially; or (f) interfering with mapped or otherwise identified bird nesting habitat. Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D4 of D11 Sections of Great Island Road, Yarmouth, MA The proposed project includes temporary alteration of a Coastal Dune by the placement of two bulk bag arrays and sand cover as needed, up to twice annually. (a) Maintenance of sand cover over the bags will continue to provide a source of sediment to adjacent beaches during periods of elevated water levels and waves and will not interfere with the ability of waves to remove sand from the Coastal Dune. (b) Areas of the Coastal Dune eroded during the winter storms of 2023/2024 did contain vegetative cover; however, revegetation is not currently proposed as part of the proposed project because the solution is considered temporary in nature, until such time as a longer-term solution for access to Great Island can be identified, designed, and implemented. Due to the potential for wave-induced erosion of the restored dune, and the need to renourish up to twice annually, the use of vegetation is not considered a viable way to help stabilize the dune. (c) The bulk bag arrays in the Coastal Dune will help to prevent storm damage of dune resources and Great Island Road located west of the project. Additionally, maintenance of sand cover over the bags will help to minimize direct wave action on the bulk bags, and therefore prevent wave-induced scour of dune and beach resources around the bags. (d) The bulk bag arrays will temporarily interfere with the landward or lateral movement of the Coastal Dune; however, once a longer-term solution for access to Great Island is implemented, the bags will be removed and the dune will be allowed to respond naturally to incident coastal processes. (e) Installation of the bulk bag arrays and placement of periodic sand cover will add sand to the dune. The project will not cause the removal of sand from the dune artificially. (f) As noted above in the response to 310 CMR 10.27(7), the proposed project will not interfere with mapped or otherwise identified bird nesting habitat. (4) Notwithstanding the provisions of 310 CMR 10.28(3), when a building already exists upon a coastal dune, a project accessory to the existing building may be permitted, provided that such work, using the best commercially available measures, minimizes the adverse effect on the coastal dune caused by the impacts listed in 310 CMR 10.28(3)(b) through 10.28(3)(e). Such an accessory project may include, but is not limited to, a small shed or a small parking area for residences. It shall not include coastal engineering structures. NA – The project is not an accessory to a building that already exists in the Coastal Dune. (5) The following projects may be permitted, provided that they adhere to the provisions of 310 CMR 10.28(3): (a) pedestrian walkways, designed to minimize the disturbance to the vegetative cover and traditional bird nesting habitat; (b) fencing and other devices designed to increase dune development; and (c) plantings compatible with the natural vegetative cover. NA – The project does not include a pedestrian walkway, fencing designed to increase dune development, or plantings. Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D5 of D11 Sections of Great Island Road, Yarmouth, MA (6) Notwithstanding the provisions of Sections 10.28(3) through (5), 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. According to the Natural Heritage and Endangered Species Program, the project site is located within Priority habitat of Piping Plover, Least Tern, and New England Blazing Star. Since the bulk bag arrays are located on the Coastal Dune, the project will not have an impact on New England Blazing Star habitat. Impacts to protected shorebirds will be avoided by following all required Time of Year windows for construction. This means that all future work to maintain sand cover over the bulk bags will be performed between September 1 and March 31. Additionally, the slope of the sand cover over the bulk bags in the Coastal Dune will be no steeper than 1V:4H. Excerpts from 310 CMR 10.29 - Barrier Beach Work proposed in the Barrier Beach includes installation and maintenance of bulk bag arrays for erosion control, installation of sand cover over the bulk bag arrays up to twice annually, maintenance of a sand fence along the road side of the southerly bulk bag array, and temporary construction access. (2) Definition. Barrier Beach means a narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast. It is separated from the mainland by a narrow body of fresh, brackish or saline water or a marsh system. A barrier beach may be joined to the mainland at one or both ends. (3) When a Barrier Beach is Determined to be Significant to Storm Damage Prevention, Flood Control, Marine Fisheries or Protection of Wildlife Habitat. 310 CMR 10.27(3) through 10.27(6)(coastal beaches) and 10.28(3) through 10.28(5) (coastal dunes) shall apply to the coastal beaches and to all coastal dunes which make up a barrier beach. See discussions above (in Coastal Beach and Coastal Dune). (4) Notwithstanding the provisions of 310 CMR 10.29(3), 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. According to the Natural Heritage and Endangered Species Program, the project site is located within Priority habitat of Piping Plover, Least Tern, and New England Blazing Star. Since the bulk bag arrays are located on the Coastal Dune, the project will not have an impact on New England Blazing Star habitat. Impacts to protected shorebirds will be avoided by following all required Time of Year windows for construction. This means that all future work to maintain sand cover over the bulk bags will be performed between September 1 and Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D6 of D11 Sections of Great Island Road, Yarmouth, MA March 31. Additionally, the slope of the sand cover over the bulk bags in the Coastal Dune will be no steeper than 1V:4H. 310 CMR 10.37 – Estimated Habitats of Rare Wildlife (Endangered Species) See discussions above in 310 CMR 10.27(7) and 10.28(6). Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D7 of D11 Sections of Great Island Road, Yarmouth, MA Yarmouth Wetland Protection Bylaw Regulations Excerpts from 4.02 Coastal Beaches and Tidal Flats (3) Performance Standards: Any activity which is allowed on a coastal beach or tidal flat or within 100 feet of a coastal beach or tidal flat shall not have an adverse effect on the coastal beach or tidal flat by: (a) Affecting the ability of the waves to remove sand from the beach or tidal flat; (b) Disturbing the vegetative cover, if any, so as to destabilize the beach or tidal flat; (c) Causing any modification of the beach or downdrift beach that would increase the potential for storm or flood damage; (d) Interfering with the natural movement of the beach or tidal flat; (e) Causing artificial removal of sand from the beach or downdrift beach; (f) Removing seaweed or substrate from the coastal beach in the intertidal zone (between MLW and MHW) that provides valuable habitat and potential for sand accretion, unless deemed a public health emergency by the Director of Health. The proposed bulk bag arrays and periodic sand nourishment in the Coastal Dune are located within 100 feet of the Coastal Beach. (a) The project is located at the landward edge of Coastal Beach. Periodic renourishment of the bulk bag arrays will help to minimize direct wave action on the bulk bags, and therefore prevent wave-induced scour of dune and beach resources around the bags. (b) The Coastal Beach does not currently support vegetative cover. This project will not change this. (c) Periodic renourishment over the bulk bag arrays will provide an additional source of material for the nearby beaches during storms with elevated water levels and increased wave energy. The added source of sediment will improve the ability of the Coastal Beach to provide storm damage prevention and flood control. (d) The project will not interfere with longshore sediment transport along the beach as the project does not represent a shore perpendicular barrier that will trap or impound sediment. Landward migration of the Coastal Beach is already somewhat controlled by the presence of Great Island Road. The proposed project will continue to limit the beach from migrating further landward; however, it is expected that the longer-term solution for access to Great Island will result in retreat of section(s) of roadway that will restore natural migration and movement of the Coastal Beach. (e) Periodic renourishment over the bulk bag arrays will provide an additional source of material for the nearby beaches during storms. (f) Removal of seaweed from the Coastal Beach is not proposed. Excerpts from 4.03 Coastal Dunes (3) Performance Standards: Any activity which is allowed on a coastal dune or within 100 feet of a coastal dune shall not have an adverse effect on the coastal dune by: (a) Affecting the ability of waves to remove sand from the dune; (b) Disturbing the vegetative cover so as to destabilize the dune; (c) Causing any modification of the dune form that would increase the potential for storm or flood damage; (d) Interfering with the landward or lateral movement of the dune; Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D8 of D11 Sections of Great Island Road, Yarmouth, MA (e) Causing artificial removal of sand from the dune; or (f) Interfering with mapped or otherwise identified bird nesting habitat. See response above for 310 CMR 10.28(3) for Coastal Dune. Subject to reasonable conditions, the following projects may be permitted, provided they adhere to the provisions of the above performance standards: (a) Elevated pedestrian walkways, designed to minimize disturbance to vegetative cover, and traditional bird nesting habitat. Walkways shall have a minimum clearance of two feet above any existing vegetation; (b) Fencing and other devices designed to increase dune development; and (c) Plantings compatible with the natural vegetative cover See response above for 310 CMR 10.28(4) for Coastal Dune. Excerpts from 4.04 Barrier Beaches (3) Performance Standards: The performance standards of sections 4.02 and 4.03 shall apply to the coastal beaches and to all coastal dunes which make up a barrier beach. See discussions above (in Coastal Beach and Coastal Dune). Excerpts from 4.10 Land Subject to Coastal Storm Flowage The entire project is located within Land Subject to Coastal Storm Flowage. (3) Performance Standards: When the Commission determines that Land subject to coastal storm flowage overlays other Resource areas, the applicable performance standards for each Resource area shall be independently and collectively applied and the project shall be appropriately conditioned to protect all stated Resource area values. (a) General Performance Standards Any activity within land subject to coastal storm flowage which will result in the building upon, removing, filling or altering of land shall not have an adverse effect on the interests protected by the bylaw by: I. reducing the ability of the land to absorb and contain flood waters; II. reducing the ability of the land to buffer more inland areas from flooding and wave damage; III. increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or causing channelization, in each case at the project site, adjacent or nearby properties, or any public or private way. IV. displacing or diverting flood waters to other properties or resource areas. Fences and privacy walls, including walls separating one property from another, may obstruct or divert flood flow and waves toward buildings Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D9 of D11 Sections of Great Island Road, Yarmouth, MA and protected areas. Solid fences (stockade and similar) must be constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife; V. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); VI. causing ground, surface or saltate pollution triggered by coastal storm flowage; VII. reducing the ability of the resource to serve as a wildlife habitat and migration corridor through activities such as, but not limited to the removal of substantial vegetative cover and/or installation of fencing and other structures which prevent wildlife migration across property. VIII. prevention of the migration of resource areas such as salt marshes due to sea level rise. IX. If flood control and storm damage protection functions have already been impaired, redevelopment must improve existing conditions by reducing impervious surfaces, restoring flood control and storm damage protection functions, installing native plantings, or by restoring or creating other wetland resource areas. The proposed project will not have an adverse effect on the interests protected by the Bylaw. (I) The project site will still contain flood waters from Nantucket Sound and from outer Hyannis Harbor, as the bulk bag arrays are primarily intended to minimize erosion and damage of the roadway, rather than prevent flooding. (II) The purpose of the project is to increase the ability of the Coastal Dune to buffer more inland areas, including Barrier Beach and Great Island Road, from wave damage. (III) The crest elevation of the restored Coastal Dune is the same as what existed before the project was built. As such, the project will not result in an increase in the velocity or elevation of flood waters, nor will it redirect or increase flows, or cause channelization to adjacent areas. (IV) Sand fencing proposed along the landward side of the southern bulk bag array will not obstruct or divert flood waters. The fencing is intended to protect the bulk bags from degradation to UV light and will be sheltered from waves by the bags themselves. (V) By keeping the bulk bags covered with sand, the potential for degradation by UV light will be minimized. However, it is possible that wave action during future storms could damage the bags such that repairs will be needed. Storm destruction to the bags is not expected to result in damage to adjacent land areas within the flood plain, and all possible steps will be taken following storms to remove and repair damaged bags. (VI) Given the porous nature of sand within the bulk bags and the overlying nourishment material, pollution of the surrounding area is not expected. (VII) The project site will continue to serve as wildlife habitat as the proposed project is essentially restoring the Coastal Dune to the same elevation and dimensions as existed prior to the 2023/2024 winter season. (VIII) The project is not located near a salt marsh. Any interference with migration of the Coastal Dune or Coastal Beach will be temporary, until such time as a longer-term solution(s) for access to Great Island can be identified, designed, permitted and implemented. (IX) The proposed project is intended to restore the storm damage protective functions of the Coastal Dune through the use of a nature-based approach. Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D10 of D11 Sections of Great Island Road, Yarmouth, MA And shall meet the following requirements; I. Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local Board of Health thresholds. II. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. III. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. IV. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. The proposed project does not involve changes to septic systems, groundwater elevations, deck, or sheds. The project proposes to use dune compatible sediments to fill the bulk bags and as nourishment over the bags, thus preserving natural conditions that serve as a buffer to coastal flooding and storm surges. (b) Additional Performance Standards within the V Zone Within the V Zone, in addition to the general performance standards set forth in Section 4.10, (3)(a), the following additional performance standards shall apply: I. No new construction or footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted II. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted III. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement (as defined in the state building code), the entire building or structure shall be elevated at least two (2) feet above the BFE. N/A – This project does not include new construction or expansion of any building or other structure within the V Zone. (c) Additional Performance Standards within the MoWA Within the MoWA, in addition to the general performance standards set forth in Section 4.10 (3)(a), the following additional performance standards shall apply: I. The new construction and footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted, subject to the other provisions of the Bylaw and Regulations, provided that any building or occupied structure shall be elevated at least two (2) feet above the BFE. Woods Hole Group, Inc. • A CLS Company _____________________________________________________________________________________________ Great Island Homeowners Association – Notice of Intent Application Page D11 of D11 Sections of Great Island Road, Yarmouth, MA II. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. III. With respect to any building or other structure, in the event any substantial repair of the foundation, any substantial improvement, the entire building or structure shall be elevated at least two (2) feet above BFE. N/A – This project does not include new construction or expansion of any building or other structure that will redirect or channelize flood waters in the MoWA. Section E Accompanying Documents April 11, 2024 Job No. 2023-0169-00 Mass. Division of Marine Fisheries Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Sent via email: DMF.EnvReview-South@mass.gov Re: Notice of Intent Application Restoration & Proposed Maintenance of Rebuilt Portions of Primary Coastal Dune Great Island Homeowners Association 0 Great Island Road Yarmouth, MA Map 7 Parcel 1 and Map 10 Parcel 1 Dear Sir/Madam: Attached please find a copy of the Notice of Intent application we have filed with the Town of Yarmouth Conservation Commission for the above referenced project. If you have any questions or require additional information, please give me a call at 508-495-6302 or send an email to bbower@woodsholegroup.com. Sincerely, Bradford Bower Environmental Permitting Specialist BGB/beg Enclosure cc: MassDEP/SERO – Wetlands & Waterways Yarmouth Conservation Commission: bdirienzo@yarmouth.ma.us Cynthia Richards, Great Island Homeowners Association Great Island Realty Trust Leslie Fields, Woods Hole Group, Inc. Chris Gloninger, Woods Hole Group, Inc. 1 Gurney Beth From:Gurney Beth Sent:Thursday, April 11, 2024 9:45 AM To:DMF EnvReview-South (FWE) Cc:bdirienzo@yarmouth.ma.us; Gloninger Christopher; Fields Leslie; Bower Bradford Subject:Notice of Intent Application for Review - Dune Nourishment Along Great Island Rd in Yarmouth - Great Island Homeowners Association Attachments:GIHA_NOI_Submittal_to_MA DMF_4-11-24_reduced.pdf Hello DMF Environmental Reviewer: Attached please find an electronic copy of a Notice of Intent application we will be filing with the Yarmouth Conservation Commission on behalf of the Great Island Homeowners Association. We will be requesting the May 16, 2024 hearing date. If you have any questions, please let us know. Please reply to confirm receipt of this email. Thank you. Beth Gurney Environmental Permitting Specialist Tel: 508-495-6240 107 Waterhouse Road Bourne, MA 02532 – USA www.woodsholegroup.com Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 1.43 A. Emergency Information Important: Yarmouth Issuance From: When filling out Issuing Authority forms on the Great Island Road Causeway computer, use 1. Site Location. only the tab key to move 2 Reason for Emergency: your cursor - do not use the Storm on 12.18.23 caused erosion of the primary dune directly beside the access road. Road was return key. overwashed. Homeowners fear future storms will undermine or damage roadway. Q 3. Applicant to perform work: Great Island Homeowners Association 4. Public agency to perform work or public agency ordering the work to be performed: Town of Yarmouth 5. Date of Site Visit: Start Date: 12.19.23 6. Work to be allowed*: End Date*: 1.5.24 2.5.24 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 oilthazardous material release. 350 sand bags at 1 cu yard each will be placed along the two most vulnerable areas and sand will be filled behind, on top, and in front to create a dune width and slope similar to pre-existing conditions. Bags will be joined together and monitored daily for damage/displacement. Any displaced bags must be retrieved. Woods Hole Group and Fuss and O'Neil Engineerino will oversee installation. May not include work beyond that necessary to abate the emergency. 4VPA Emergency Certification • Rev. 511812020 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Ir, WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Signatures Certified to be an Emergency by this Issuing Authority. 0w n Signat 4, re Signatu Signature Signature Signature Ea 40 v Printed Name Prin , d Name ILk LGVJf` ACe Pri Td Name ho F5 0 Pr red 1NameCA 1JOJMV P inted Name c v, v tin Printed Name Printed Name Printed Name A copy of this form must be provided to the appropriate DEP Regional Office. 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. WPA Emergency Certification • Rev. 5118/2020 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 Town of Yarmouth Wetland By -Law, Chapter 143 D. Special Conditions An NOI must be submitted following completion of the work. This shall include a timeline of activities for the future, planting protocol, and details on the placement and volume of sand used and requested for future nourishment of the dune.This application must be submitted to NHESP. 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. WPA Emergency Certification • Rev. 511812020 Page 3 of 2 Section F Wetlands Fee Transmittal Form & Fees QRLIHHWI GRF :HWODQG )HH 7UDQVPLWWDO )RUP UHY 3D H RI 0D DF HWW HSDUWPH W RI ( UR PH WDO 3URWHFW R UHD RI 5HVR UFH 3URWHFWLRQ :HWODQGV 12, :HWOD G )HH UD P WWDO )RUP 0DVVDF VHWWV :HWODQGV 3URWHFWLRQ $FW 0 / F ,PSRUWD W : HQ ILOOLQ R W IRUPV RQ W H FRPS WHU VH RQO W H WDE NH WR PRYH R U F UVRU GR QRW VH W H UHW UQ NH $ $SSO FD W , IRUPDW R /RFDWLRQ RI 3URMHFW D 6WUHHW $GGUHVV E &LW 7RZQ F & HFN Q PEHU G )HH DPR QW $SSOLFDQW 0DLOLQ $GGUHVV D )LUVW 1DPH E /DVW 1DPH F 2U DQL]DWLRQ G 0DLOLQ $GGUHVV H &LW 7RZQ I 6WDWH LS &RGH 3 RQH 1 PEHU L )D[ 1 PEHU M (PDLO $GGUHVV 3URSHUW 2ZQHU LI GLIIHUHQW D )LUVW 1DPH E /DVW 1DPH F 2U DQL]DWLRQ G 0DLOLQ $GGUHVV H &LW 7RZQ I 6WDWH LS &RGH 3 RQH 1 PEHU L )D[ 1 PEHU M (PDLO $GGUHVV 7R FDOF ODWH ILOLQ IHHV UHIHU WR W H FDWH RU IHH OLVW DQG H[DPSOHV LQ W H LQVWU FWLRQV IRU ILOOLQ R W :3$ )RUP 1RWLFH RI ,QWHQW )HH )HH V R OG EH FDOF ODWHG VLQ W H IROORZLQ SURFHVV ZRUNV HHW H H HH EHI H I N HH 6WHS SH RI $FW W HVFULEH HDF W SH RI DFWLYLW W DW ZLOO RFF U LQ ZHWODQG UHVR UFH DUHD DQG E IIHU ]RQH 6WHS 1 PEHU RI $FW W H ,GHQWLI W H Q PEHU RI HDF W SH RI DFWLYLW 6WHS , G G DO $FW W )HH ,GHQWLI HDF DFWLYLW IHH IURP W H VL[ SURMHFW FDWH RULHV OLVWHG LQ W H LQVWU FWLRQV 6WHS 6 EWRWDO $FW W )HH 0 OWLSO W H Q PEHU RI DFWLYLWLHV LGHQWLILHG LQ 6WHS WLPHV W H IHH SHU FDWH RU LGHQWLILHG LQ 6WHS WR UHDF D V EWRWDO IHH DPR QW 1RWH ,I DQ RI W HVH DFWLYLWLHV DUH LQ D 5LYHUIURQW $UHD LQ DGGLWLRQ WR DQRW HU 5HVR UFH $UHD RU W H IIHU RQH W H IHH SHU DFWLYLW V R OG EH P OWLSOLHG E DQG W HQ DGGHG WR W H V EWRWDO DPR QW 6WHS RWDO 3URMHFW )HH HWHUPLQH W H WRWDO SURMHFW IHH E DGGLQ W H V EWRWDO DPR QWV IURP 6WHS 6WHS )HH 3D PH W 7R FDOF ODWH W H VWDWH V DUH RI W H IHH GLYLGH W H WRWDO IHH LQ DOI DQG V EWUDFW 7R FDOF ODWH W H FLW WRZQ V DUH RI W H IHH GLYLGH W H WRWDO IHH LQ DOI DQG DGG 0 Great Island Road West Yarmouth 2318 $237.50 Cynthia Richards Great Island Homeowners Association 1100 Great Island Road West Yarmouth MA 02673 908-910-9250 cynthia@lamington.net Arnold B. Chase, Jr. and Timothy Place Bradley, Trustees Great Island Realty Trust 1100 Great Island Road West Yarmouth MA 02673 QRLIHHWI GRF :HWODQG )HH 7UDQVPLWWDO )RUP UHY 3D H RI 0D DF HWW HSDUWPH W RI ( UR PH WDO 3URWHFW R UHD RI 5HVR UFH 3URWHFWLRQ :HWODQGV 12, :HWOD G )HH UD P WWDO )RUP 0DVVDF VHWWV :HWODQGV 3URWHFWLRQ $FW 0 / F )HH FRQWLQ HG 6WHS SH RI $FW W 6WHS 1 PEHU RI $FW W H 6WHS , G G DO $FW W )HH 6WHS 6 EWRWDO $FW W )HH 6WHS RWDO 3URMHFW )HH 6WHS )HH 3D PH W 7RWDO 3URMHFW )HH D 7RWDO )HH IURP 6WHS 6WDWH V DUH RI ILOLQ )HH E 7RWDO )HH OH &LW 7RZQ V DUH RI ILOOLQ )HH F 7RWDO )HH SO & 6 EP WWDO 5HT UHPH W D &RPSOHWH SD HV DQG DQG VHQG ZLW D F HFN RU PRQH RUGHU IRU W H VWDWH V DUH RI W H IHH SD DEOH WR W H &RPPRQZHDOW RI 0DVVDF VHWWV HSDUWPHQW RI (QYLURQPHQWDO 3URWHFWLRQ R[ RVWRQ 0$ E R W H &R HU DW R &RPP R 6HQG W H 1RWLFH RI ,QWHQW RU $EEUHYLDWHG 1RWLFH RI ,QWHQW D FRS RI W LV IRUP DQG W H FLW WRZQ IHH SD PHQW R 0D (3 5H R DO 2II FH VHH ,QVWU FWLRQV 6HQG D FRS RI W H 1RWLFH RI ,QWHQW RU $EEUHYLDWHG 1RWLFH RI ,QWHQW D FRS RI W LV IRUP DQG D FRS RI W H VWDWH IHH SD PHQW ( ILOHUV RI 1RWLFHV RI ,QWHQW PD V EPLW W HVH HOHFWURQLFDOO Cat. 2c dune nourishment 1 $500 $500 $500 $500 $237.50 $262.50 Section G Certified Abutters List, Abutter Notification and Copies of Certified Mail Receipts 6/ 8/ / / CHACE ARNOLD B GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 6/ 6/ / / CHACE ARNOLD B JR TRS GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 6/ 7/ / / CHACE ARNOLD B GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 7/ 1/ / / CHACE ARNOLD B JR TRS GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 10/ 1/ / / CHACE ARNOLD B JR TRS GREAT ISLAND REALTY TRUST 1100 GREAT ISLAND RD WEST YARMOUTH , MA 02673 14/ 1/ / / MICOZZI MANAGEMENT INC TR C/O1995 PAMELA MICOZZI REV TRUST 159 CAMBRIDGE ST ALLSTON , MA 02134 14/ 139/ / / SIMONELLI JOSEPH E TR THE SIMONELLI REALTY TRUST 753 THOMPSON RD THOMPSON , CT 06722 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:0 Great Island Rd., West Yarmouth, MA 02673Assessors Map 7, Lot 1______________________________________Andy Machado, Director of AssessingFebruary 15, 2024 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is: Great Island Homeowners Association_______________________ B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By-Law, Chapter 143). C. The address of the lot where the activity is proposed is: 0 Great Island Road (Parcels 7/1 and 10/1) D. Proposed work is: Restoration and proposed maintenance of sections of the rebuilt primary coastal dune along Great Island Road.___ E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number ______________________________________ Or Applicant’s representatives phone number: 508-495-6217________________________ G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name: Chris Gloninger, Woods Hole Group, Inc._____ Address: 107 Waterhouse Road__________________ Town: Bourne_____ State: MA_____ Zip: 02532_____ Telephone: 508-495-6217_______________________ NOTES : Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. Section H Affidavit of Service Job No. 2023-0169-00 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act, M.G.L. CH131, Sec. 40 (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Bradford Bower, of The Woods Hole Group, Inc., hereby certify under the pains and penalties of perjury that on April 10, 2024, I sent notification to abutters, in compliance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, and the Department of Environmental Protection’s Guide to Abutter Notification, dated, April 8, 1994, in connection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Protection By-law, by the Great Island Homeowners Association with the Yarmouth Conservation Commission on April 10, 2024, for properties located at 0 Great Island Road, Map 7 Parcel 1 and Map 10 Parcel 1, in Yarmouth, MA. The form of the notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service. 04/10/2024 Name Date Section I Project Maps and Plan Service Layer Credits: Copyright:© 2013National Geographic Society, i-cubed 107 Waterhouse RoadBourne, MA 02532 Great Island Homeowners Association0 Great Island RoadYarmouth, MAUSGS Hyannis, Hyannis OE S, & Dennis QuadranglesMap Scale 1:24,000 L o c u sLocus ¯0 0.5 1Miles