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HomeMy WebLinkAboutNarrative Revised 3.2.2026Project Narrative Notice of Intent 291, 301 & 327 South Shore Drive, South Yarmouth Blue Water Resort; Riviera Resort Beach Maintenance – Sediment Nourishment 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 Blue Water Resort and an adjacent resort facility Riviera Resort. Coastal Dunes exist on site but are intended to be unaffected by any activity. The area of activity is within Coastal Land Subject to Flooding. The site is mapped by the MESA as priority habitat. In 2020, and for a term of approx. 5 years following, the beach area was regulated by an Order of Conditions authorizing beach maintenance in the form of beach sediment nourishment and seasonal beach raking. The beach raking activity is commonly done in the many resorts recreational beach areas on the shorefront of Nantucket Sound. Beach sediment has not been called for in this zone however having the site permitted for beach nourishment above high tide is a sound contingency measure. Sources for sediment include both dredged material and upland sand deposits that meet the required specification. The Order of Conditions for the beach maintenance work expired and this NOI intends to resurrect that approval for both the Blue Water and Riviera Resorts. The sites are contiguous and the activity will be consistent and for the most part performed concurrently at each site. The applicant is seeking to re- permit activity permitted in the former Orders ( SE 83 – 2231 & SE83-2233). A site plan (2 sheets) is attached showing the late 2025 topographical condition of the beach area 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 or recreational season. The access route serves both resorts’ utility beach access properties as well as serving as emergency shore access. Sediment replenishment related activity is limited to beach areas landward of the high tide line (el = 2). Beach sediment replenishment is intended to be handled on a contingency basis when observations demonstrate beach deposit loss and profile reduction are brought to the attention of the Conservation review authority for purposes of documenting the observed condition either by site photography or elevation transect. The site is being permitted for either upland source placement or dredge material disposal. The large beach area existing presently is not the beach area that would require nourishment because a future beach slated for replenishment will be smaller. Similarly, the large beach area listed in the NOI will not be raked as a single large area but the wrack line detritus will be affected in land area smaller strips where seaweed collects of approximately 15,000 s.f. along the approximate high tide elevation. The beach is a mapped priority habitat and is anticipated that NHESP will provide guidelines for the activities to be incorporated into the Order of Conditions. A sieve report is attached indicating the grain size of the existing beach sediment, which a high-quality grade, clean, white quartz beach sand. 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 for beach maintenance raking will be placed temporarily where indicated adjacent to the access zone 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. BEACH MANAGEMENT OUTLINE – BLUE WATER AND RIVIERA RESORTS The following is a preliminary summary for beach management anticipated for review and revision through the Conservation review process. The components are acquired from information contain in Town of Yarmouth public beach management guidelines as well as information provided in a publication “ Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns and their Habitats in Massachusetts” April 1993. It is recommended that the resort acquire an agreement with an available, qualified rare species monitor for purposes of establishing a schedule or other on-call arrangement. 1. All machinery used on the beach shall remain at least 10 feet seaward of the vegetated dune toe to protect the stability and ecology of the dune area. ( Town) 2. Removal shall be focused on the areas of trash and nuisance seaweed on the open beach area. No raking shall occur below the daily high tide line (within the intertidal zone) ( Town) 3. The mechanical rake shall be set to only skim the surface to avoid scraping or moving beach sediments ( Town) 4. All beach cleaning activities shall be carried out in accordance with the MESA regulations in conjunction with Mass Audubon during the nesting bird season, between April 1st and August 31st. ( Town) 5. Material removed from the beach shall be deposited offsite, since trash and non -organic material is always present. ( Town) 6. The vegetated dune areas may be marked by lines of lathe-type sand fence with informative “ dune” signs. Refuge areas may be signed also. 7. Habitat-related management must be dictated by the site-specific observations by a qualified rare species monitor during the time of year restriction relating to the presence of nests, clutches, chicks, unfledged chicks, rearing or nursery areas and the establishment of marked refuge areas surrounding same with symbolic fencing. 8. The above habitat related safeguards primarily relating to pedestrian activity also apply to vehicle access. Minor vehicle access while adhering to tenets of separation distances shall also strive to maintain a consistent pathway. This consistent path would apply to any deliveries of beach equipment requiring vehicle delivery. Visible wheel ruts to be raked out. 9. Wrack material removal shall be performed as governed and / or limited by the observed presence of plovers and / or chicks and establishment of nearby cordoned - off refuge areas as determined by the rare species monitor. 10. Unleashed pets and kite flying are not likely at a resort beach due to beach-goer population density however such activities shall be curtailed during the restricted term. 11. Signs relating to the refuge areas and symbolic fencing are recommended.