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HomeMy WebLinkAbout250807_Beach Mgmt Plan_South Middle Beach & Judan Way_25004_FINAL UPDATE_25004 TOWN OF YARMOUTH BEACH MANAGEMENT PLAN South Middle Beach & Judan Way Yarmouth, Massachusetts April 2025 (updated July 2025) (updated August 2025) Prepared for: Town of Yarmouth Department of Public Works Parks Division 74 Town Brook Road West Yarmouth, MA 02673 Prepared by: i BEACH MANAGEMENT PLAN South Middle Beach & Judan Way Yarmouth, MA Table of Contents 1.0 INTRODUCTION ......................................................................................................... 1 2.0 EXISTING CONDITIONS .............................................................................................. 1 3.0 MANAGEMENT ACTIVITIES .......................................................................................... 4 3.1 Beach Maintenance ................................................................................................................... 5 Proactive Beach Maintenance Activities ................................................................................... 5 Reactive Beach Maintenance Activities .................................................................................... 6 3.2 Existing Beach Equipment and Typical Uses ............................................................................ 8 3.3 Emergency Procedures for Seaweed Management ................................................................. 8 3.4 Operations and Special Events ................................................................................................. 9 4.0 BEACH ACCESS POINTS............................................................................................ 10 4.1 All Access Points ..................................................................................................................... 10 4.2 Access Points for Annual Maintenance ................................................................................... 11 5.0 PROTECTION OF SHOREBIRD NESTING HABITAT ...................................................... 11 6.0 REFERENCES ............................................................................................................. 13 ATTACHMENTS Attachment A – Access and Maintenance Plan Attachment B – Rules & Regulations for Town Parks and Beaches and Park & Beach Parking Areas Attachment C – List of Conditions from Massachusetts Division of Fisheries & Wildlife, NHESP Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 1 of 13 April 2025; updated July 2025; August 2025 BEACH MANAGEMENT PLAN South Middle Beach and Judan Way 265 South Shore Drive, Yarmouth, MA 1.0 INTRODUCTION The Town of Yarmouth (the Town) Department of Public Works, Parks Division (Parks) serves the community through the delivery of safe, healthy, accessible, quality, year-round leisure-time experiences in addition to preserving and improving its parks and resources. An important aspect of the Parks duties involves maintenance and management of public beach areas, including cleaning and grooming beaches, litter control, garbage removal, restroom maintenance, and collection of daily beach fees, as well as overall management of beaches in collaboration with the Town’s Division of Recreation and the Division of Natural Resources. The Town owns and manages many coastal and freshwater beaches, most of which provide the public with year-round access to recreational opportunities, attracting both locals and visitors with various available waterfront activities. South Middle Beach and Judan Way (the Site) are popular Yarmouth coastal beaches, serving residents and year-round tourists and driving economic activity, particularly during the summer season. Additionally, these beaches support various coastal wetland resource areas, including Coastal Beach, Coastal Dune, and Land Subject to Coastal Storm Flowage, provide potential habitat for state-listed shorebirds, and are valuable coastal resiliency, wildlife habitat, recreational, and tourism resource for the Town and its residents and visitors. This Beach Management Plan (the Plan) provides a detailed outline of proposed beach management activities for the beaches at South Middle Beach and Judan Way, with overall goals including protection and maximization of wetland resource area values; allowance of adequate public access; and preservation of recreational values. To address these goals, the Plan details proposed management/maintenance activities specific to the Site in a manner that is compliant with the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131 § 40) and the Town of Yarmouth Wetlands Protection Bylaw (Ch. 143). These beach areas are combined together in this management plan for the purposes of operational efficiency, as they are in close proximity to one another and have been maintained as a single site by the Town, relative to beach management activities. 2.0 EXISTING CONDITIONS South Middle Beach is a coastal beach on the Nantucket Sound, located at 265 South Shore Drive, Yarmouth, MA (Photo 1). This part of the Site is 3 acres in total area with additional amenities and resources including a restroom facility adjacent to South Shore Drive, lifeguard stands along the beach, and a residents-only parking lot north of the Site at 268 South Shore Drive. The northern half of the Site is a pine-oak forested area with access paths to and from the parking area, and a pick-up/drop-off driveway near the road and bathroom facility. South of the forested area, the Site supports a Coastal Dune and Coastal Beach, with a sand path Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 2 of 13 April 2025; updated July 2025; August 2025 through the dune providing access to the beach area, which includes a wooden stairway at the north side of the dune (Attachment A). Just prior to Memorial Day Weekend (on or around May 15th), the Town installs seasonal Americans with Disabilities Act compliant (ADA) mats (mobi- mats) along the access path to the beach to provide a more stable access surface during the beach season for those with disabilities or mobility challenges. South Middle Beach borders residential properties to the east and west. Photo 1. View looking east from the west side of South Middle Beach. The Judan Way public beach area is a coastal beach on the Nantucket Sound, located within the Right-of-Way between 18 Beachwood Road and 14 Judan Way, Yarmouth, MA (Photo 2). The Site is approximately 8,000 square feet in total area from the southern end of the paved Judan Way roadway and is separated from the South Middle Beach site by the 14 Judan Way property (approximately 80 feet between the sites). Public parking spaces are available along the Judan Way roadway. Just prior to Memorial Day Weekend (on or around May 15th), the Town installs seasonal Americans with Disabilities Act compliant (ADA) mats (mobi-mats) along the access path between Judan Way and the beach to provide a more stable access surface for those with disabilities or mobility challenges. Judan Way also borders residential properties to the east and west. 1/15/25 Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 3 of 13 April 2025; updated July 2025; August 2025 Photo 2. View looking northwest at the Judan Way beach area. South Middle Beach and Judan Way are valuable coastal resiliency, wildlife habitat, recreational, and tourism resources for the Town of Yarmouth, its residents, and visitors. Coastal Beaches and Coastal Dunes are significant to wildlife, wildlife habitat, storm damage prevention, flood control, and recreation. Coastal Beaches dissipate wave energy with their gentle slope, their permeability, and their granular nature, which in turn, permit changes in beach form in response to changes in wave condition. Coastal Dunes play an important role in protecting landward resource areas and properties from storm damage and flooding by dissipating wave energy and/ or blocking storm elevated sea levels and storm waves. The Site is mapped as Priority Habitat of Rare Species (PH 2156) and Estimated Habitat of Rare Wildlife (EH 693) as classified by the Natural Heritage and Endangered Species Program of the Massachusetts Division of Fisheries and Wildlife (NHESP). As such, these beaches provide important nesting habitat for state-listed shorebirds, such as Piping Plovers (Charadrius melodus) and Least Terns (Sternula antillarum), both of which are protected under the Massachusetts Endangered Species Act; Piping Plovers are also federally protected under the Endangered Species Act. The Site is also an important recreational and tourism resource offering approximately 310 combined linear feet of public beach and quality amenities for residents and tourists. To maintain the quality of the beach resource for recreational purposes while protecting the value of the coastal wetland resource areas and rare species habitat, a balanced approach to the Site 1/15/25 Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 4 of 13 April 2025; updated July 2025; August 2025 maintenance activities must be achieved through the use of best management practices for Coastal Beach and Coastal Dune management. 3.0 MANAGEMENT ACTIVITIES Management activities at the Site include both proactive and reactive measures within coastal dune and coastal beach, including resource area and habitat protection/preservation, beach maintenance, seaweed management, and oversight and care of man-made structures or amenities such as access points/paths, fencing, and ADA mats. Primary Coastal Dunes are the first line of defense against coastal storm flooding and serve as a sand source to adjacent beaches. Beach grasses, drift/wrack material, and other vegetation on the dunes trap sand and store it as a future sediment supply for the beaches. To protect public and private property, the primary Coastal Dune should be preserved and protected as a continuous, unbroken natural barrier along the length of the Coastal Beach to the greatest extent possible. It is also important to provide controlled and managed access points for recreational users of the Coastal Beach. The beach areas provide recreational benefits to all, and as such, the Town has a vital interest in the continued protection of the Coastal Beach and Coastal Dune areas. Protection of these interests is supported by routine annual maintenance activities performed by the Town. The Coastal Dunes at the Site have undergone notable growth over the past 20 years, creating a healthy and important coastal resource; however, this growth, along with seasonally set- aside/protected nesting habitat areas, has reduced the overall availability of access paths and recreational areas of the beach for tourists and residents. Figure 1. Change in South Middle Beach and Judan Way Dunes between 2005 and 2024 (Source: Google Earth). In the past, the Town has carried out small scale dune maintenance to limit further dune expansion. This included the excavation of the un-vegetated toe of the dune and redistribution of the sand onto the main beach area, and the clearing of windblown sand within the access paths to the beach. This activity can have a destabilizing effect on the dune and negatively impact habitat for nesting shore birds; therefore, this practice is no longer allowed, and the dune 2005 2012 2024 Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 5 of 13 April 2025; updated July 2025; August 2025 system shall be allowed to migrate naturally. The exception to this is the activity of clearing windblown sand built up along the designated access points/pathways (Access Points A and B) as shown on Attachment A. The Town wishes to maintain the access paths at their existing width as delineated by the sand fencing set in place at the beginning of each season. To maintain these access points, accumulated sand will be removed using a front-end loader, skid steer, and/or excavator and all care will be taken to minimize impact to dune stability and vegetation. No heavy equipment will be used on or within 15 feet of the toe of the dune outside these access pathways, and no heavy equipment will be used below the Mean High Water (MHW) line 2.4 feet (NAVD88). 3.1 Beach Maintenance Beach maintenance includes both proactive and reactive measures that occur throughout the year. All maintenance activities will be carried out to avoid negative effects to Coastal Beach and adjacent Coastal Dunes. An annual pre-season meeting will be conducted with the maintenance staff and the Conservation Agent. Any maintenance activity not specifically addressed in this Plan shall be discussed, and at the discretion of the Conservation Agent, may necessitate a written request for approval by the Conservation Commission. Proactive Beach Maintenance Activities Proactive maintenance includes oversight and care of man-made structures such as access points/paths and fencing, pre-season maintenance of accumulated seaweed and debris, and American beachgrass (Ammophila breviligulata) plantings. Installation of ADA mats All proactive maintenance shall occur before April 1st to avoid negative impacts to nesting Piping Plover and Tern populations in compliance with the Massachusetts Endangered Species Act (MESA), M.G.L. c.131A, and its associated implementing regulations (321 CMR 10.00); see also Section 5.0. Plantings of American beachgrass would occur annually as part of the Beach Management Plan on an as needed basis and may be proactive or reactive. Beachgrass plantings would occur along the dune crest and back slope of the dune or along the front slope of the dune in areas adjacent to beach access ways to improve dune stability and coastal resilience or to mitigate dune erosion. While sand fencing is set in place along access points at the onset of each season, the areas in proximity to the dunes will be assessed for erosion (or damage from beachgoers) at the end of each season, and planted in March, if determined by Natural Resources, Conservation, and DPW to be of significant concern. It is estimated that no more than 100-200 SF of beachgrass would be planted in any given location; if larger areas of dune plantings are warranted (e.g., from storm damage), plantings will be coordinated with the Conservation Commission. Approximate locations of beachgrass plantings are shown in Attachment A. Beachgrass plantings will be installed with 12-18” spacing between plugs, 2 culms per plug. If plantings occur on the front (seaward facing) slope of a dune, spacing is increased to 36” on center to be protective of nesting shorebird habitat. Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 6 of 13 April 2025; updated July 2025; August 2025 Reactive Beach Maintenance Activities Seaweed serves as a critical source of food and important habitat for marine animals. Plant debris deposited on the shoreline also provides important nutrients and organic matter for the ecosystem. Organic matter in the drift line (the area where items from the sea are deposited on the shore between high and low tides) provides food and habitat for small crustaceans and several other species, which then provide food for fish, crabs, and nesting and migrating birds. Vegetative debris along the drift/wrack line is vital for resident and migratory shorebirds, which feed largely on invertebrates which eat the vegetation. The drift/wrack line also catches sand that facilitates the development and build-up of beaches and dunes, which is important for storm damage protection and flood control. Excess accumulations of seaweed on the Site beaches can cause aesthetic and/or public health concerns and management challenges, particularly during warmer weather when the material decays and causes odor problems. Monitoring seaweed build-up and removal of a portion of the fresh seaweed material by hand on a regular basis during periods of high accumulation may help to control the amount of seaweed that accumulates over time and reduce the need for more intensive mechanical raking. Reactive beach maintenance includes removal of marine debris1 to provide the public with a litter free beach; removal of excessive amounts of fly infested seaweed that has been declared a health hazard by the Health Department; and emergency measures in the wake of severe weather events. Beach maintenance activities occur in the months leading up to the are seasonal, and the season during which policy applies is in effect during the public swimming season (third week of June through Labor Day) and continue throughout the public swimming season on a reactive basis. Under normal conditions (non-emergency conditions), seaweed removal from the beach shall be limited to the area between 15 feet seaward of the base of the primary dune and MHW (2.4 feet NAVD88), in accordance with the following the above-noted best practices. Beach cleaning will be carried out seasonally beginning in mid-March using a tractor with a towable beach rake to remove debris. Maintenance equipment and access to all beach areas of Judan Way and South Middle Beach will be from the Judan Way location. Removal activities will be conducted on an ‘as needed’ basis, but generally not more than two (2) times per week and every effort will be made to remove as little sediment from the beach as possible. These efforts shall be conducted in conjunction with the measures to protect nesting shorebirds outlined in Section 5.0, and in accordance with conditions outlined by NHESP with oversight from a qualified Shorebird Monitor. The following best practices for beach cleaning shall be followed: 1) All machinery used on the beach shall remain at least 15 feet seaward of the dune toe to protect the stability and ecology of the dune area as shown in Attachment A. The toe of 1 Marine debris is defined as any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment. Wrack is defined as seaweed or other organic debris deposited through natural processes and makes up a subset of the marine debris typically deposited on shorelines. Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 7 of 13 April 2025; updated July 2025; August 2025 the dune is the location of a visible break in slope and is not necessarily occupied by dune vegetation. It is understood that if this provision is violated, beach cleaning will be prohibited under an Enforcement Order issued by the Conservation Commission. 2) Removal efforts shall be focused on the areas of trash and excessive nuisance seaweed on the open beach area. No raking shall occur below the MHW line (within the intertidal zone), leaving the lower drift/wrack line(s) to provide a seed source, nutrient source, and foraging habitat for shorebirds and to help build the beach and dunes. Typical amounts of wrack (seaweed and other organic debris) shall remain in place; and only human- caused trash and debris shall be removed by hand whenever feasible. If excessive amounts of nuisance wrack occurs (e.g., after a coastal storm surge), at least one-third of the wrack shall remain in place to provide foraging and sheltering opportunities for shorebirds. 3) Beach raking will be performed, if necessary, after assessments of the beach area are conducted by Town staff. The primary focus of raking is to provide the public with a recreational beach that is free of trash and nuisance seaweed , as well as to fill any holes that may cause safety concerns. 4) As applicable, motorized equipment used for beach maintenance between April 1st and August 31st shall avoid areas of symbolic fencing. When unfledged shorebird chicks are present, utility vehicles or heavy equipment shall only be used when a qualified Shorebird Monitor is present. 5) The mechanical rake shall be set to only skim the surface to avoid scraping or moving beach sediments. 6) Under ‘normal’ conditions, bucket loaders shall not be used to collect seaweed; these vehicles can be used to transport seaweed collected by the mechanical rake. 7) All beach cleaning activities shall be carried out in accordance with the MESA regulations in conjunction with oversight by Mass Audubon during the shorebird nesting bird season (between April 1st and August 31st). 8) Material removed from the beach shall be deposited at an appropriate off-site facility. Additional Beach Facility Management. Reactive beach maintenance may also include work associated with regrading or removal of wind-blown sand from walkways to facilitate beach access following storm events. Should this be necessary during the period between April 1st and August 31st, all work shall be conducted with the presence of a qualified Shorebird Monitor. Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 8 of 13 April 2025; updated July 2025; August 2025 3.2 Existing Beach Equipment and Typical Uses Table 1 below provides details on the types and typical uses of Town-owned equipment that will be utilized to implement the Site maintenance activities noted in this plan. Table 1. Existing Beach Equipment and Typical Uses 3.3 Emergency Procedures for Seaweed Management During various times of the year, major storms could deposit excessive amounts of seaweed in areas approved for routine maintenance activities. In the event that extreme volumes of seaweed have accumulated at the Site and as deemed to create a public health or safety concern by the Board of Health, the Yarmouth Public Works staff will follow emergency guidelines as stated in the Yarmouth Wetlands Protection Bylaw (Ch. 143 § 7). The presence of excessive seaweed material could potentially hinder or prevent these routine maintenance activities due to the volume of debris, and additional equipment, including a skid steer loader and/or excavator (with suitable attachments), may be necessary to assist in Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 9 of 13 April 2025; updated July 2025; August 2025 removal. If this type of equipment use is necessary, the operators will employ the safest, most efficient, and effective best management practices available during the execution of the removal activities to ensure the coastal resource areas are protected as required. This procedure will only take place after consultation with the Conservation Agent and the Director of Public Works, and an administrative approval/sign off. All shorebird protective measures described above in Sections 3.1 and Section 3.2 as part of the best management practices shall be followed a applicable. Disposal of Excessive Wrack. Although seaweed is a natural, organic material, once it is removed from a beach, disposal can pose some challenges. Disposal strategies will vary depending on the potential space available for storage and drying of the seaweed, the amount of material to be disposed of, the resources available for disposal, and the potential ecological impacts. A disposal strategy shall be developed by Town staff responsible for the management of the property and agreed by the Conservation Commission, prior to the summer season. Materials raked and removed from the beach will be disposed of in the lot across from the Yarmouth Public Works facility (74 Town Brook Rd, West Yarmouth, MA 02673) as a temporary staging area. From there, DPW staff will hand pick trash from the removed marine debris and trash shall be disposed of at the Commercial Transfer station. Cleaned beach debris may be repurposed as compost at the Disposal Area (Yard Waste Grass/Leaves Compost Drop Off location at the Yarmouth Transfer Station, 606 Forest Rd, West Yarmouth, MA 02673) in accordance with the General Permit issued to the facility by Massachusetts Department of Environmental Protection (MassDEP) and subject to capacity restrictions. Should the Town need to modify this disposal strategy, Town staff responsible for the management of the property shall present an updated strategy to be reviewed and approved by the Conservation Commission. 3.4 Operations and Special Events The Town of Yarmouth maintains Rules and Regulations for Town Parks and Beaches (including associated parking areas), a copy of which is also attached to the updated Beach Management Plans as Attachment B. These Rules and Regulations include prohibitions against several activities that may be harmful to the resource areas and habitat for various wildlife and are enforced by the Town of Yarmouth, a combined effort of the Division of Natural Resources, Department of Public Works, and the Yarmouth Conservation Commission. Beaches remain open, with lifeguards on duty daily from 9:30 pm to 4:30 pm. Activities are monitored on-site by staff from the Division of Natural Resources and seasonally by Mass Audubon, as necessary in accordance with the Town’s contract with Mass Audubon. Mass Audubon provides weekly update reports to the Town with the status of nesting birds and any other concerns. There are no rentals or commercial vendors allowed at South Middle Beach or Judan Way other than contracted concession stand adjacent to the bathhouse. Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 10 of 13 April 2025; updated July 2025; August 2025 All requests to use public property are reviewed by Town division heads for concerns prior to approval being granted. The Town maintains open communication to ensure that all interested parties are informed about special events on Town beaches. Activities during special events have an adaptive management plan to be protective of the natural resources at Yarmouth beaches. Weekly update reports provided by Mass Audubon to the Town are also shared with any interested parties. 4.0 BEACH ACCESS POINTS To facilitate availability of public access to the Site recreational areas, annual maintenance of the access points/paths to the beach are necessary. The Department has identified two access points (Access Points A and B) as described below. Locations of the access points are shown on Attachment A. 4.1 All Access Points ACCESS POINT A: This is a sand-based emergency vehicle access, equipment maintenance access, and pedestrian access point to the beach approximately 60’ x 10’ (Photo 3). 1/15/25 Photo 3. View looking south at Access Point A at Judan Way. 1/15/25 Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 11 of 13 April 2025; updated July 2025; August 2025 ACCESS POINT B: This is a sand-based pedestrian access point to the beach approximately 125’ x 10’ (Photo 4). 4.2 Access Points for Annual Maintenance The following maintenance activities and equipment needs are anticipated for annual maintenance of Access Points A-G: • Maintenance Activities: o Remove windblown sand from the walkways and stairs and spread out on the beach. o Replace/ repair snow fencing (as needed). • Equipment Needs: o Rubber tracked or tired skid steer, excavator, and/or front-end loader with suitable attachments may be required to complete these maintenance activities, with utilization of best management practices and adherence to all required regulatory conditions. 5.0 PROTECTION OF SHOREBIRD NESTING HABITAT The Site provides important nesting habitat for shorebirds as mapped by the MA NHESP. The Town of Yarmouth participates in Mass Audubon’ s Coastal Waterbird Program to monitor, manage, and protect Piping Plover, Least Tern, and Common Tern nesting populations on Yarmouth’ s public beaches. The following best practices have been adopted for the Site: 1. All areas of suitable Piping Plover nesting habitat will be identified and delineated by a qualified Shorebird Monitor (Mass Audubon) with posts and warning signs or symbolic fencing on or before April 1st. Suitable nesting habitat for all species of Terns should be identified and delineated on or before May 15th. Timing for the removal of the posts, 1/15/25 Photo 4. View looking north at Access point B at South Middle Beach. 1/15/25 Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 12 of 13 April 2025; updated July 2025; August 2025 warning signs, and symbolic fencing will be determined by Mass Audubon, at which point they will notify the Yarmouth Conservation Commission and DPW. Mass Audubon staff will perform the removal of posts, warning signs, and symbolic fencing upon approval from the Yarmouth Conservation Commission. 2. All initial (pre-season) beach maintenance (lifeguard chairs, boardwalk maintenance, etc.) will be done before April 1st. 3. Endangered species monitoring begins when the presence of listed species is noted and continues until the last chick has fledged, at such time Mass Audubon will notify the Town Conservation Commission and DPW that monitoring is no longer needed for the current season. 4. Installation of permanent and/ or temporary symbolic fencing and signage are installed for the creation of refuge areas to protect incubating Piping Plovers or Least Terns and their eggs. The fencing is maintained if the eggs are viable. Once hatching begins, the symbolic fencing is modified to allow free movement of the chicks. If unfledged chicks move outside the delineated symbolic fencing, then the boundaries of the protected area can be adjusted. All symbolic fencing and signage installation, adjustments, and removal activities will be conducted by a qualified Shorebird Monitor from Mass Audubon. 5. Daily communications will occur between the Town and the qualified Shorebird Monitor (s) and before any maintenance activity occurs at South Middle Beach or Judan Way. The operator of any machinery shall meet the qualified Shorebird Monitor (s) onsite and discuss the current location of protected shorebird adults and chicks and any updated information/procedures as needed to perform beach raking activities properly and safely for the protection of the species. No raking or seaweed removal shall occur unless a qualified Shorebird Monitor has located all Piping Plovers and determined that the work can begin. 6. All equipment, vehicles (non-emergency), and beach rakes shall not travel within 100 yards of unfledged Piping Plover or Least Tern chicks, unless the qualified monitor is able to locate and track all unfledged chicks. 7. When unfledged chicks are on the beach, raking must be conducted with the guidance of a qualified Shorebird Monitor who has determined the location of unfledged chicks. If, due to imminent health or human safety concerns, mechanized cleaning must occur within 100 yards of unfledged chicks, vehicles must be guided by a qualified Shorebird Monitor who has first determined the locations of all unfledged chicks. 8. All use and staging of vehicles (for all non- emergency situations), including but not limited to distributing equipment to lifeguard stations and ADA mats, must avoid areas of symbolic fencing and shall be overseed by a qualified Shorebird Monitor if said activities occur between April 1st and August 31st. 9. Trash within fenced areas occupied by beach-nesting birds should only be removed if it presents a hazard for birds or people. It must be removed by hand. Removal should be conducted by, or under the immediate supervision of, a qualified Shorebird Monitor who has first determined the locations of all nests and unfledged chicks. Beach Management Plan Horsley Witten Group, Inc. South Middle Beach/Judan Way, Yarmouth, MA Page 13 of 13 April 2025; updated July 2025; August 2025 10. The ADA mobi-mats will be installed by the Town on or around May 15th, with direct guidance and oversight from the qualified Mass Audubon Shorebird Monitor . 11. The use of fireworks is prohibited on South Middle Beach and Judan Way. 12. Dogs are not allowed on South Middle Beach or Judan Way from April 1st through to Labor Day. 13. Kite flying is prohibited on South Middle Beach or Judan Way between April 1st and August 31st each year. A complete list of the current Rules and Regulations for Town Parks and Beaches and Park & Beach Parking Areas is provided in Attachment B. The South Middle Beach and Judan Way Management Plan is subject to all conditions outlined in the conditional approval letter issued by NHESP dated July 31, 2025 and included as Attachment C. These conditions are incorporated within the plan as described throughout this document. Notably, the NHESP authorization is valid for five years (until July 31, 2030). A written request for an extension must be made prior to that date and must be reviewed and approved by NHESP. 6.0 REFERENCES Howes, B. et al. Massachusetts Estuaries Project. Linked Watershed-Embayment Model to Determine Critical Nitrogen Loading Thresholds for the Bass River Embayment System, Towns of Yarmouth and Dennis, Massachusetts, Final Report – April 2011. University of Massachusetts Dartmouth, School of Marine Science and Technology and Massachusetts Department of Environmental Protection. Massachusetts Coastal Zone Management (CZM). Managing Seaweed Accumulations on Recreational Beaches, Guidance from the Massachusetts Office of Coastal Zone Management, May 2013. Massachusetts Endangered Species Act. Massachusetts Division of Fisheries and Wildlife. 1990. Accessed October 2024 via https://www.mass.gov/info-details/ma-endangered- species-act-mesa-overview. Massachusetts Office of Geographic and Environmental Information (MassGIS). Accessed March 2025 via http://www.mass.gov/mgis/. Massachusetts Wetlands Protection Act. Massachusetts Department of Environmental Protection. 2014. Accessed March 2025 via https://www.mass.gov/doc/310-cmr-1000-the- wetlands-protection-act/download. Weston and Sampson. Town of Yarmouth 2023 Open Space & Recreation Plan. July 2023, revised June 2024. Wood Hole Group, Inc. Yarmouth Climate Change Vulnerability Assessment and Adaptation Plan. July 2023. Yarmouth Conservation Commission. Access March 2025 via https://www.yarmouth.ma.us/325/Conservation. Rules & Regulations For Town Parks and Beaches And Park & Beach Parking Areas Lifeguards are on duty from 9:30am to 4:30pm. Children under twelve (12) years of age must be accompanied by an adult. Swim only in designated areas. THE FOLLOWING ARE PROHIBITED: 1. Unauthorized vehicles on the Beaches. 2. Malt and alcoholic beverages. 3. Discharge of firearms and/or fireworks. 4. Open fires, except in designated areas. 5. Glass containers or bottles. 6. Overnight camping or parking. 7. Animals. 8. Loud and/or boisterous behavior. 9. Selling of goods, wares and products except by authorized vendors. 10. Solicitation for any of the preceding items & real estate, condos & timeshares. 11. Depositing of household trash in litter barrels. 12. Kite flying, ball playing, Frisbee playing except in designated areas. 13. The use of the Town boats at Town beaches, except by lifeguards. 14. The use of inflatable and floating devices in the water when the red safety flag is flying. 15. Diving from boat loading or marine floats. 16. Gambling and games of chance. 17. Any political or other canvass, including solicitation as stated in item #9. 18. Landing or launching boats within designated swimming areas. 19. Umbrellas when the red safety flag is flying. 20. Smoking on the beaches. 21. Skateboarding in public parks and on municipally owned parking areas. 22. Fishing or surf casting in designated swimming areas. By Order of the Board of Selectmen Penalty for Violation is no less than $50.00 nor more than $300.00. Adopted June 9th, 2009 ATTACHMENT B July 31, 2025 Roby Whitehouse Town of Yarmouth Department of Public Works, Parks Division 74 Town Brook Road Yarmouth, MA, 02675 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant:Roby Whitehouse, Town of Yarmouth DPW - Parks Project Location: 220 South Street/Smugglers Beach, South Middle Beach, Judan Way Project Description: Yarmouth Beach Management Plans DEP Wetlands File No.: 083-2477 NHESP File No.: 25-19468 Dear Commissioners and Applicant: In April 2025, the Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with beach management plans for review in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37) and the MESA Review Checklist filing with supporting documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18). In May 2025, the Division issued notice that additional information was required to complete our review pursuant to the WPA and MESA. On July 1, 2025, the Division received updated information including the plans titled “Town of Yarmouth Beach Management Plan – Smugglers Beach” & “Town of Yarmouth Beach Management Plan – South Middle Beach & Judan Way” (dated April 2025, updated July 2025). State-listed Species The Division has determined that this Project, as currently proposed, will occur within the habitat of the following species: Scientific Name Common Name Taxonomic Group State Status ThreatenedBirdPiping PloverCharadrius melodus State-listed species and their habitats are protected in accordance with the MESA and rare wetland wildlife habitat is protected pursuant to rare species provisions of the WPA. The Piping Plover is federally protected as Threatened ATTACHMENT C 25-19468NHESP No.Page 2 of 5 Issued July 31, 2025 pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11). Piping Plovers nest on sparsely vegetated, sandy areas of coastal beaches and dunes. Their nests are comprised of shallow depressions in the sand that may be lined with shell fragments or pebbles. Nests for this species are particularly vulnerable to predators, unleashed pets, and human disturbance. Piping Plover chicks are not capable of flight for 25-30 days after hatching, and during this period they must feed themselves with parents in attendance, often ranging widely to forage during this period of rapid growth. Fact sheets for state-listed species can be found at www.mass.gov/nhesp. In 1993, the Division published Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns, and Their Habitats in Massachusetts (“Guidelines”). The Guidelines contain recommended procedures for managing recreational activities to ensure compliance with the MESA and its implementing regulations. The U.S. Fish & Wildlife Service published similar guidelines in 1994 and issued an amendment in 2015 (“Federal Guidelines”). The Beach Management Plans (BMPs) for Smugglers Beach and South Middle & Judan Way Beaches demonstrate incorporation of the Guidelines associated with the operation and management of these beaches. MA Wetlands Protection Act (WPA) & MA Endangered Species Act (MESA) The purpose of the Division’s review of the proposed project under the WPA regulations is to determine whether the project will have any adverse effects on the Resource Areas Habitats of state-listed species. The purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-listed species will result from the proposed project. Based on the information provided and the information contained in our database, it is the opinion of the Division that this project, as currently proposed, must be conditioned in order to avoid adverse effects to the Resource Area Habitats of state-listed wildlife species (310 CMR 10.37, 10.58(4)(b), 10.59) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid adverse effects to the Resource Area Habitats and to avoid a prohibited Take of state-listed species, the conditions attached to this letter must be met. Provided these conditions are included in any approving Orders of Conditions issued by the Conservation Commission, and the applicant complies with all the above noted conditions, the project will not result in an adverse impact to the resource area habitats of state-listed wildlife species pursuant to the WPA and will not result in a prohibited Take pursuant to the MESA . A copy of the final Order of Conditions shall be sent to the NHESP simultaneously with the applicant as stated in the Procedures section of the WPA (310 CMR 10.05(6)(e)). This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project. Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Amy Hoenig, Senior Endangered Species Review Biologist, at amy.hoenig@mass.gov, (508) 389-6364. 25-19468NHESP No.Page 3 of 5 Issued July 31, 2025 Sincerely, Jesse Leddick Assistant Director cc:DEP Southeast Region Yarmouth Conservation Commission Roby Whitehouse, Town of Yarmouth Attachment: List of Conditions 25-19468NHESP No.Page 4 of 5 Issued July 31, 2025 List of Conditions Applicant: Roby Whitehouse Project Location: 220 South Street/Smugglers Beach, South Middle Beach, Judan Way Project Description: Yarmouth Beach Management Plans NHESP File No.: 25-19468 Heritage Hub Form ID: RC-94002 Approved Plan: TOWN OF YARMOUTH BEACH MANAGEMENT PLAN - SMUGGLERS BEACH & TOWN OF YARMOUTH BEACH MANAGEMENT PLAN - SOUTH MIDDLE BEACH & JUDAN WAY Plan date: APRIL 2025, UPDATED JULY 2025 Revised Date: N/A To avoid adverse effects to the Resource Area Habitats and to avoid a prohibited Take of state-listed species, the following condition(s) must be met: 1.Smuggler's Beach, South Middle Beach & Judan Way Beach Management: To protect state-listed species and their habitats during the shorebird nesting season, April 1 – August 31, beach management and operations located within state-listed species habitats must implement the protection measures detailed in the Beach Management Plan (BMP) and the Guidelines, unless otherwise expressly approved in writing by the Division 2.State-listed Species Monitoring & Habitat Protection: The Applicant has the responsibility of protecting breeding Piping Plovers that occur on these beaches. Regular monitoring for the presence of Piping Plovers and terns must be conducted by a qualified shorebird monitor, as determined by the Division, during the period April 1 – August 31. Areas of Piping Plover nesting habitat must be delineated with symbolic fencing and warning signs. These areas shall remain fenced as long as viable eggs, unfledged chicks, or territorial or courting Piping Plovers are present. All fenced areas shall be managed in accordance with the Guidelines.  Greater management flexibility for plovers and terns (i.e., deviations from the Guidelines) can only be approved by the Division as part of a valid Certificate of Inclusion (COI) and MESA Conservation and Management Permit (CMP) associated with the Statewide Habitat Conservation Plan (HCP). If the Applicant does not have a valid COI & CMP or if they expire, then recreational use and management must fully comply with the Guidelines and be implemented with the protection measures specified in the BMP. 3.Beach Raking & Grooming: To protect state-listed species, all winter beach clean-up must occur prior to April 1. Any raking/grooming during April or May can only occur if a qualified monitor, as determined by the Division, first has determined the locations of all territorial birds and those territories have been fenced and are excluded from raking so as not to deter pre-nesting birds. If state-listed nesting birds are present during April 1 – August 31, then raking should occur as detailed in the BMP and in accordance with the Guidelines . a. For the benefit of beach-nesting birds, from April 1 through August 31, mechanical beach cleaning that reduces the amount of wrack (seaweed and other organic debris) at the tide line should be minimized in the vicinity (±200 yd) of symbolically fenced areas. If wrack is present in typical volumes and does not contain much human trash or present a health risk, it should be left in place. Trash within the wrack line should be removed by hand whenever feasible, leaving in place the majority of the wrack. If copious amounts of wrack present a health risk or are a public nuisance that necessitates removal, leave in place at least one-third of the fresh wrack from a normal tidal cycle to provide foraging and sheltering opportunities for shorebirds. b. When unfledged chicks are present on the beach, beach raking/grooming shall only be conducted when a qualified shorebird monitor is present to determine locations of unfledged chicks and ensure that raking equipment remains at least 100 yards away from unfledged chicks. c. If, due to imminent health or human safety concerns, mechanized raking must occur within 100 yards of 25-19468NHESP No.Page 5 of 5 Issued July 31, 2025 unfledged chicks, vehicles must be guided by a qualified shorebird monitor who has first determined the locations of all unfledged chicks. 4.Motorized Equipment: All motorized equipment on the beach during April 1 – August 31 must comply with the Guidelines. a. All use and staging of utility vehicles (for all non-emergency situations), including but not limited to distributing equipment to lifeguard stations and ADA mats, must avoid areas of symbolic fencing. b. When unfledged chicks are present on the beach, any routine patrols (non-emergency situations) and use of utility vehicles or heavy equipment (e.g., debris removal, or distribution of lifeguard stations, ADA mats, etc.), should only be conducted when a qualified shorebird monitor is present to determine locations of unfledged chicks and ensure that motorized equipment remains at least 200 yards away from unfledged chicks. 5.Annual Maintenance of Access Paths: Work associated with the regrading or relocation of wind-blown sand to facilitate beach access should be conducted prior to April 1. If vehicular maintenance on access paths is needed during the period April 1 – August 31, all work must be conducted under a Division-approved monitoring and protection plan implemented by a qualified shorebird monitor. 6.Authorization Duration: This authorization is valid for 5 years from the date of issuance. Work may be completed during this 5-year period in compliance with the conditions herein. Pursuant to 321 CMR 10.22, a written request for extension of this determination can be submitted to extend this determination for an additional five (5) year period (10 years total). Extension of the determination is subject to Division review and approval and must be submitted to the Division prior to the expiration of this determination. Thereafter, the applicant shall re-file under the MESA. 7.Notice: Upon filing for renewal, extension, or amendment of the Orders of Conditions, the Applicant shall contact the Division for written response regarding impacts to Resource Area habitat of state-listed wildlife.