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HomeMy WebLinkAboutNarrative Revised. 2.27.2026Project Narrative Notice of Intent 1 South Shore Drive, South Yarmouth Red Jacket Resort Beach Maintenance The area subject to this Notice of Intent is land in South Yarmouth on the immediate shore of Nantucket Sound, a tidal water body on the south side of Cape Cod. The specific project area is a Coastal Beach that is used recreationally as a high-density bathing beach for the vacation facility known as Red Jacket Resort. The coastal wetland resource areas affected include: Coastal Beach, Coastal Dune, Land Subject to Coastal Storm Flow and the area is mapped by MESA as priority habitat. The MA DEP Mouth of the River Maps ( Parkers River) indicate the site does not contain Riverfront Area. The dune areas were delineated according to the presence of a visual terrain rise combined with beach grass at the boundary with the beach deposit. The minor terrain undulations that are visible at the site are transitory. The boundary of the dune opposite the beach can be taken as the existing seawall and the existing stone jetty of Parkers River. Since the year 2000 the beach area has been regulated by an Order of Conditions authorizing beach maintenance in the form of beach sediment nourishment and beach raking. (DEP File No. SE83-2230.) Beach raking occurred routinely and sediment replenishment had been a practice prior to 2020 and other Orders of Conditions preceded SE83-2230 for beach work. The beach sediment is of suitable quality overall and residual upland source sediment characteristics (coarser fragments) appear in both recent samples tested for grain size. Sources for future sediment include both dredged material and upland sand deposits provided the source sediments are compatible. The site is being permitted for contingency sediment replenishment. Should conditions develop to trigger the applicants’ intent is to bring the concern to the attention of the Conservation agent for documentation and determination of the scope. The likely manner to convey the intent to proceed with nourishment will be either photographic depiction or beach transects to graphically show a future profile to reflect a future condition at such time that it develops. The seasonal beach raking is a more immediate activity that is intended to occur throughout the summer season properly supervised. A future beach will likely be smaller than depicted on the plan and the beach raking mainly acutely affects a narrow strip along the wrack line and not the entire beach. The Order of Conditions for the beach maintenance work expired in 2025. The applicant is seeking to re-permit activity like the activity permitted in the former Order. A site plan is attached showing the late 2025 topographical conditions of the beach and dune areas with general specifications for the proposed activity. An access route that is indicated on the plan, traditionally used for the beach access, is the designated route for the small rubber-tired tractor that pulls the beach rake. Less frequently, the access route would be utilized for deliveries of suitable beach sediment and this sediment would be added during a time of year that would be out of phase with the growing season, a rare species restricted term or recreational season. The proposed sediment replenishment activity is beneficial for perpetuation of the sediment supply on this beach with the presence of continuous seawall protection measures and the beach maintenance activity can be assessed as less intensive as the daily crowded beach use. Sediment replenishment is not an immediate concern currently and inclusion in this application is a sound choice for contingencies. The mapped dune deposits may be stationed off to avoid disruption from raking. Segments of simple lathe sand drift fence along the visible dune toe is suggested and the resort management expressed interest in doing so. A sieve report is attached indicating the grain size of the existing beach sediment. As mentioned, residuals of past upland source material are evident. Screening to 3/8 minus grain size is advised. The specification for local sourced replenishment sand is typically better than the DEP state standard for beach nourishment. Typically, upland source material on Cape Cod for suitable sand has approximately 2% to 3% fines where the upper DEP limit is 10%. The material resulting from beach maintenance raking will be placed temporarily where indicated adjacent to the seawall in an alcove slated for this purpose and disposed of on a frequent basis to avoid any sort of nuisance. Disposal shall be in accordance with any applicable regulations for brush, leaves, seaweed etc. Storm water management is addressed in the NOI in a manner commensurate with the project. Although no specific exemption from storm water standards is applicable, the nature of this work as a beach management project with the location on a coastal beach within the flood zone, sends the activity into the category as a form of “redevelopment” the closest applicable category and from there the standards relate to appropriate prosecution of the maintenance activity, care of machinery, collection and confinement of trash and appropriate disposal of resulting material. Performance Standards Summary The proposed activity includes two features: 1. Beach sediment replenishment 2. Beach raking of excess wrack material The regulatory presumption is that this Coastal Beach is significant to the listed interests and the applicant takes no issue with that. The proposed activity is not within tidelands. The beach sediment replenishment relationship to the performance standard: Note: The sediment replenishment activity will not be done during any period of time of year restriction, is not anticipated to alter the beach grade significantly to any detriment to the habitat value and is not included into a MESA – related beach management plan included for this application (a) volume (quantity of sediments) and form; The need for beach nourishment is intended to be assessed in the case of a severe loss of beach volume. In the even that beach nourishment is triggered by the general observation of need, the activity will affect the interests as follows: (b) the ability to respond to wave action. Sediment added to the beach volume will support this interest. (c) distribution of sediment grain size; With care taken to appropriately source the sediment there will be no detriment to the grain size distribution. At times with upland source material there can be variation with the littoral-derived sand but the overall Harwich outwash plain deposits would be consistent with the sediment that was involved in the overall shore system (d) water circulation; With beach grading maintained like the beach grade that exists and with the activity landward of the tidelands (HTL) there will be no relationship to water circulation (e) water quality; With appropriate clean sediment quality, either dredged – source or upland- source with a limit on fines with the activity occurring landward of the HTL the impacts to water quality will be consistent with regulatory expectations relating to CZM beach nourishment guidelines. (f) relief and elevation; The activity of replenishment of the beach deposit, should the need arise, can have practical value by creating a slightly steeper profile as the material comes landward toward the dune line, combined with keeping distance from the high tide line. In the event a loss of beach volume leads to replenishment a recommended profile will be submitted for the Commission staff review. Doing this allows high-course tides and storm tides to claim sediment more gradually from the upper beach where the sediment placement would occur and distribute it throughout the lower beach and into the intertidal zone. The terrain relief will be minor to be reasonably consistent with the current terrain character. Given the propensity of sediment replenishment projects in the case of demonstrated need, there are no adverse impacts anticipated. Beach raking of excess wrack material and relationship to the performance standards for Coastal beaches. The listed interests of Coastal Beaches that are significant to storm damage prevention and flood control and that are also significant to marine fisheries and wildlife habitat do not include preservation of wrack material. The topic will be address after a summary of the listed interests: Such activity shall not have an adverse effect to : (a) volume (quantity of sediments) and form; (b) the ability to respond to wave action. (c) distribution of sediment grain size; (d) water circulation; (e) water quality; (f) relief and elevation. (7) 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. The raking is a surface effect to a limited zone and does not materially affect the physical- related parameters listed a. thru f. above. The proposed activity has a relationship to (7) because the beach is mapped as priority habitat. Time of year restriction is the primary vehicle for ensuring habitat protection with additional requirements within the restricted term. With adherence to all requirements issued for the specific site by NHESP the activity is presumed to avoid adverse impact to the habitat interests. To assist with ensuring that the project will be reviewed by the NHESP with conditions incorporated into the Order of Conditions. A beach management plan related to the specific activity of beach raking and presence piping plover habitat follows to summarize some of the anticipated requirements. We expect that Yarmouth Conservation Commission and NHESP review will result in contributions to the management plan outline. Part of the management plan has been taken from Town of Yarmouth public beach management plan information to maintain a level of municipal consistency. Coastal land Subject to Flooding - Town of Yarmouth Regulations closely mirror the MA DEP regulations with exception of the performance standards for Coastal Land Subject to Flooding. In this instance the flood zone is VE. Beach nourishment logically increases, whether minor or major, the beach volume having a beneficial effect to the interests of flood protection. A review of the list of performance standards leaves only the concern for “saltate pollution” as a potential concern. Clean sand fill, appropriately regulated will not cause for saltate pollution. The Yarmouth regulations specify beach nourishment as exempt from concern for adding fill to a flood zone. The beach raking does not appear to cause for alteration to the ground profile.