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Home My WebLink AboutNOI 2.5.2025 1 PROJECT NARRATIVE CALOERIO PIER RENOVATION 59 OYSTER COVE RD. “BEACH AREA” EASEMENT OYSTER COVE ROAD, SOUTH YARMOUTH The area subject to Notice of intent is land on the shore of and within Bass River, a tidal estuarine river in South Yarmouth. The site is an open water access location at the very end of Oyster Cove Rd. The land slopes down toward the tidewaters of Bass River. Portions of the slope are armored with marine seawalls of various composition. The immediate location is also subject to the FEMA – mapped coastal flood zone. At the boundary of the river is an intertidal beach with outcroppings of marsh. Coastal wetland resources in the area include: Coastal Bank, Coastal Beach, Salt Marsh, Land Containing Shellfish, Land Under the Ocean, Land Subject to Coastal Storm Flow and Riverfront Area. The project involves activities subject to MGL Chapt., 91 so the proposed activity is exempt from the Rivers Act regulations. The site contains the damaged remnants of an existing docking facility. The facility stems from a time when less regulatory oversight governed such facilities. The facility is comprised of a pile- supported pier segment, a hinged ramp to a series of floats. Insufficient water exists to float the floats at low tide and a modification is therefore proposed. The facility was issued a Chapt. 91 Interim Approval (# 4215) in 1992. The facility exists partially within a “beach area” easement on private tidelands and partially within Commonwealth Tidelands. The easement lot is at the end of the Oyster Cove Road layout and leads into the river tidewater. No declaration is being made in this narrative concerning the easement rights or private property rights relating to the ongoing existing riparian use relating to the subject dock facility. A summary provided by the applicant’s legal counsel, Brian Wall. Esq., outlining an opinion relating to the easement rights and “property owner” signature appearing on the NOI accompanies the application. The objective of the applicant is to properly permit the dock facility as well as to propose modifications to improve the environmental impact of the existing use. The Notice of Intent plan proposes to maintain a similar scope of size and length but change the grounding float segments to pile supported pier segments. Once approved through an Order of Conditions the process will 2 turn to completing the MGL Chapt. 91 Licensing process. Based on the circumstances of a valid Chapt. 91 Interim Approval the specific DEP process is defined as re- licensing a previously authorized water-dependent private docking facility providing non-commercial access to navigable waters. Work Activity Description - The work to accomplish the proposed changes involves removal of all portions of the existing facility and then installation of a piling -supported elevated pier, seasonal ramp, and pile-held float. The existing floats and some debris from recent damage have already been removed. Remaining debris materials can be hand-carried out and transported away. Replacement pilings and new pilings shall be installed with portable tripod and barge- based driving methods to install the pier. Following that, hand carpentry methods to fit and affix the pier frame. Planking and railings follow by similar hand work activities. Lastly the seasonal ramp and float is delivered via the waterway and attached to the pier end with attachment to the two anchor pilings. Water depth is available to float small vessels offering an improvement over existing conditions for clearance to the bottom. Additional requirements for carrying out the work may arise from requirements in the Order of Conditions. The Yarmouth Waterways Committee reviewed the proposal and voted to conclude the docking facility had been in place for more than 30 years and the proposed improvements would represent a meaningful improvement with the ongoing navigable use. FIGURE 1 – 2014 AERIAL VIEW OF THE SUBJECT PIER AND FLOATS 3 FIGURE 2 – 2021 AERIAL VIEW OF THE SUBJECT PIER AND FLOATS The Shellfish Report attached to the application indicates that the survey found no live shellfish in any of the study plots. It is likely that this result is due to the soft muck quality of the bottom and not a water quality problem. The modified pier will continue to relieve the inshore beach of the burden of beaching boats. The ramp and float shall be removed seasonally and stored in an upland location away from the buffer zone. The proposed activity appears to comport with the listed performance standards in the regulations. There is no known Order of Conditions for the existing DEP authorized facility, no firm date of origin however DEP Waterways Division maintains that Interim Approvals were issued routinely for residential docking structures that predated 1984. Shellfish Survey Oyster Cove Road Yarmouth, MA 1 SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On April 1st, 2024, Paul Mancuso and Conor Gilbertson, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from MHW into Land Under the Ocean within the Bass River at the end of Oyster Cove Road (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density within the proposed project area. This shellfish survey accompanies a Notice of Intent application for a proposed pier, ramp, and float at the Site. 2.0 SITE DESCRIPTION The Site is located on the western bank of the Bass River between Route 28 and Route 6. Single-family homes line Bass River to the north, south, and west of the Site. The Bass River is a tidal river with numerous existing residential piers, ramp, and float systems. The proposed project involves the construction of a pier, ramp, and float system at the end of Oyster Cove Road to allow for access to the water and a place for boat storage. The Bass River is recognized as suitable habitat for quahogs, soft-shell clams, and bay scallops. The following resource areas are located onsite: • Coastal Bank • Land Under the Ocean • Land Containing Shellfish • Land Subject to Coastal Storm Flowage (LSCSF) • Salt Marsh 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the Mean High Water (MHW) line (the wooden bulkhead) out approximately 50’. The proposed pier, ramp, and float system extends 90’ beyond MHW. Conditions at the Site made it unsafe to survey for shellfish more then 50’ beyond MHW due to knee-deep mucky sediments. The weather during the survey was partly cloudy with temperatures around 48F. The survey commenced at approximately 11:00 am as low tide was approaching. In order to sample for shellfish within the project area, 5 transects, located ~10 feet apart, with plots located ~10 feet apart were surveyed as follows… Transect 1 – Located ~20 feet to the south of the center line of proposed pier, ramp, and float. Extending ~50 feet seaward from MHW. Transect 2 – Located ~10 feet to the south of the center line of proposed pier, ramp, and float. Extending ~50 feet seaward from MHW. Transect 3 – Located along center line of proposed pier, ramp, and float. Extending ~50 seaward of MHW. Transect 4 – Located ~10 feet to the north of the center line of proposed pier, ramp, and float. Extending ~50 feet seaward from MHW. Transect 5 – Located ~20 feet to the north of the center line of proposed pier, ramp, and float. Extending ~50 feet seaward from MHW. Shellfish Survey Oyster Cove Road Yarmouth, MA 2 Figure 1: Showing approximate location of Transects for the shellfish survey at Oyster Cover Road in Yarmouth. “T” stands for Transect. Each excavated plot was approximately 3’ x 3’ x 3’ and was surveyed using a standard clam rake. Any shellfish uncovered during the survey were recorded and then placed back into their respective plot and buried back in the sand. Table 1 on the next page details the shellfish inventory observed in the waters of Bass River at the end of Oyster Cove Road. Quahog clams were recorded based on size. Sizes of quahogs are as follows; seed (<1.5”), littleneck (1.5” -2”), cherrystone (2”-4”), chowder (>4”). Shellfish Survey Oyster Cove Road Yarmouth, MA 3 Table 1 – Oyster Cove Road Shellfish Inventory Plot – Description Shellfish Substrate and Other Observations Transect 1 1: MHW 0 Sand/ gravel 2: 10’ seaward 0 Sand/ gravel 3: 20’ seaward 0 Sandy muck 4: 30’ seaward 0 Muck 5: 40’ seaward 0 Deep muck 6: 50’ seaward 0 Deep muck Transect 2 1: MHW 0 Sand/ gravel 2: 10’ seaward 0 Sand/ gravel 3: 20’ seaward 0 Sandy muck 4: 30’ seaward 0 Muck 5: 40’ seaward 0 Deep muck 6: 50’ seaward 0 Deep muck Transect 3 1: MHW 0 Sand/ gravel 2: 10’ seaward 0 Sand/ gravel 3: 20’ seaward 0 Sandy muck 4: 30’ seaward 0 Muck 5: 40’ seaward 0 Deep muck 6: 50’ seaward 0 Deep muck Transect 4 1: MHW Ribbed mussels Salt marsh 2: 10’ seaward 0 Sand/ gravel 3: 20’ seaward 0 Sandy muck 4: 30’ seaward 0 Muck 5: 40’ seaward 0 Deep muck 6: 50’ seaward 0 Deep muck Transect 5 1: MHW 0 Sand/ gravel 2: 10’ seaward 0 Sand/ gravel 3: 20’ seaward 0 Sandy muck 4: 30’ seaward 0 Muck 5: 40’ seaward 0 Deep muck 6: 50’ seaward 0 Deep muck TOTAL NUMBER OF OBSERVATION PLOTS = 29 TOTAL NUMBER OF QUAHOGS = 0 TOTAL NUMBER OF SOFT-SHELL CLAMS = 0 TOTAL NUMBER OF RAZOR CLAMS= 0 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF OYSTERS = 0 The shellfish survey indicated this area within the Bass River is not suitable habitat for shellfish. In total, 29 plots were surveyed for the presence of shellfish; one plot was located within salt marsh, so it was not surveyed. Shellfish were found within 0 of the 29 (0%) plots. The survey was completed around low tide, so portions of intertidal area were exposed. Two soft shell clam shells, one quahog shell, and one oyster shell were observed on top of the sediment within the exposed intertidal area. Numerous barnacles were observed growing on the existing pilings, bulkhead, and adjacent boulders. The small patches of salt marsh did contain healthy populations of ribbed mussels. An abundant population of periwinkles was observed in the water beyond 40’ Shellfish Survey Oyster Cove Road Yarmouth, MA 4 from MHW. One jellyfish was observed floating through the survey area. Clumps of rockweed algae (Fucus distichus) were observed throughout the Site. Since the proposed pier, ramp, and float system extends 90’ from MHW and it was only safe to survey 50’ beyond MHW, additional plots were surveyed off the neighboring floats. The neighboring floats extend ~125’ beyond MHW. Sediments adjacent to the neighboring floats also consisted of deep muck and no living shellfish were observed within these areas. However, it was noted that there were spider crab shells and a few quahog shells on the neighboring dock to the south; likely from seabirds dropping them on the dock. MassMapper.com provides MassGIS data layers that can be viewed throughout the state. A Shellfish Suitability data layer displays polygons representing habitats suitable for ten species of shellfish along the coast of Massachusetts. This data layer indicates that portions of the Bass River are suitable for shellfish, however the section of the Bass River where the pier, ramp, and float are proposed is not suitable for any of the ten shellfish species included in the data layer (see image below). Figure 2: Screenshot of MassMapper.com with the Shellfish Suitability data layer turned on. Red circle shows approximate location of proposed pier, ramp, and float at the end of Oyster Cove Road. The Shellfish Suitability data indicates that the location of the proposed pier, ramp, and float is not located within suitable shellfish habitat. 4.0 TEMPORARY IMPACTS The proposed work includes construction of a pier, ramp, and float out into the waters of Bass River. This work will only have minor impacts to the intertidal area, Land Under Ocean, and Land Containing Shellfish. To minimize impacts to shellfish, the project should adhere to any time-of- year restrictions recommended by DMF. Specifically, the work could occur during the fall/winter/early spring months when shellfish life cycle activity is reduced. During the winter, shellfish live at increased depths in the tidal bottom with reduced metabolism. This would reduce potential impacts to shellfish compared to performing the work during the summer. The pile driving will occur at high tide to prevent the barge from resting on the sediment surface. If deemed necessary by the commission, shellfish can be relocated prior to the work, however, with no shellfish identified in the study area this is not needed. Shellfish Survey Oyster Cove Road Yarmouth, MA 5 5.0 SUMMARY BSC’s shellfish survey identified the following: ▪ 0 Quahogs (Mercenaria mercenaria), 0 soft-shell clams (mya arenaria), and 0 Eastern oysters (Crossostrea virginica) were found within the 29 shellfish plots surveyed. ▪ Deep mucky sediments which may likely be anoxic/hypoxic exist within the project area which are not suitable for shellfish habitat. Photo 1: View of the end of Oyster Cove Road; location of proposed pier, ramp, and float. Facing east Photo 2: View of existing wood structure at the end of Oyster Cove Road. Proposed pier, ramp, and float will be in this location. Also in view is a small patch of salt marsh. Note no presence of deceased shells within the exposed intertidal area. Facing south Site Photographs: Shellfish Survey Oyster Cove Road Yarmouth, MA 04/01/2024 Page 1 Photo 3: Close up view of healthy ribbed mussels living within the patch of salt marsh at the end of Oyster Cove Road. . Photo 4: View of mucky sediments encountered 40’ beyond MHW at the end of Oyster Cove Road. Site Photographs: Shellfish Survey Oyster Cove Road Yarmouth, MA 04/01/2024 Page 2 (EASEMENT)59