Loading...
HomeMy WebLinkAboutBeach mgmt plan REVISIONS HIGHLIGHTED 4.7.2026 1 CAPE COD ENGINEERING, INC. P.O. Box 1517 East Dennis, MA 02641 Tel 508-385-1445 / Fax 508-385-1446 bobperry@capecod.net BEACH MANAGEMENT PLAN – BLUE WATER / RIVIERA RESORTS – 291, 301 & 327 SOUTH SHORE DRIVE, SOUTH YARMOUTH – MARCH 30, 2026 – REVISED APRIL 7, 2026 DEP File No. SE83- 2523 General • An annual pre-season, onsite meeting will be conducted with the applicable Resort staff and the Conservation Agent prior to April 1. Any maintenance or recreational 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. • Specific references to “The Guidelines” refer to “Guidelines for Managing the Recreational Use of Beaches to Protect Piping Plovers, Terns and Their Habitats in Massachusetts”– 1993. The Beach Management Plan includes these guidelines by reference. This guideline shall be available to the Resort staff. Should any guideline outlined in this Plan vary from the “The Guidelines”, “The Guidelines” prevail. • To date, the resort has made no request for deviations from “The Guidelines”. • A copy of the Order of Conditions (DEP File No. SE83- 2523) shall be available to resort staff. • The Mass. Division of Fisheries and Wildlife NHESP File No. 25-19724; Heritage Hub Form ID: RC-98247 List of Conditions Issued March 27, 2026 shall be incorporated into the Order of Conditions for SE83-2523 and this Beach Management Plan • Reference to “vehicle” or “motorized equipment” in this Beach Management Plan refers to a mid-sized, 4 (rubber-tire) wheeled tractor towing a beach rake or a trailer for the transportation of the 12 ft. X 12 ft. stage deck and any other beach use items in wight or numbers that are impractical to hand carry. No other vehicles are permitted without specific authorization of the Yarmouth Conservation Commission staff. Any vehicle use shall comport with the requirements of The Guidelines as managed by the contracted monitor. • Vehicle access to the beach is through the established driveway between the Riviera and Blue Water properties. • Sand ruts cause by any vehicle use shall be raked out. 2 • An executed contract for a shorebird monitor services acceptable to Mass Audubon shall be in place and submitted for the Conservation file prior to any beach work activities occurring during the restriction term, April 1 thru August 31. • Protective distances shall be as listed in the NHESP List of Conditions 1. State-listed Species Monitoring & Habitat Protection: The Resort (Applicant) has the responsibility of protecting breeding Piping Plovers that occur on Blue Water Riviera Resort properties. 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. Prior to April 1st, areas of Piping Plover nesting habitat must be delineated with symbolic fencing and warning signs. These areas shall remain fenced if viable eggs, unfledged chicks, or territorial or courting Piping Plovers are present. All fenced areas shall be managed in accordance with The Guidelines. If the Applicant does not have a valid COI & CMP then recreational use and management must fully comply with The Guidelines and be implemented with the protection measures specified in this BMP. Contact NHESP for COI or CMP application. 2. Beach Raking & Grooming: • Beach raking is planned at a frequency of once per week. • The daily tide wrack line shall remain. See below for specific wrack clearing practice. • Wrack material deemed problematic for public health and desired for removal must be declared as such by the Yarmouth Director of Public Health. • The disposal site for removed and transported wrack is currently S&J EXCO in So. Dennis, MA • 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 shall occur as detailed below 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 shall 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 shall be left in place. Trash within the wrack line shall be removed by hand whenever feasible, leaving in place most of the wrack. If copious amounts of wrack present a health risk or are a public nuisance, as determined by the public health official, 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. These judgments on proportionality shall be in coordination with the Yarmouth Conservation staff. 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 unfledged chicks, vehicles shall be guided by a qualified shorebird 3 monitor who has first determined the locations of unfledged chicks and ensure that raking equipment remains at least 100 yards away from unfledged chicks. 3. Motorized Equipment: All motorized equipment (beach rake tractor and transport trailer) on the beach during April 1 – August 31 shall comply with The Guidelines. a. All vehicle use must avoid areas of symbolic fencing. b. When unfledged chicks are present on the beach, any vehicle use shall only be conducted when a qualified shorebird monitor is present to determine locations of unfledged chicks and ensure that motorized equipment remains at least 100 yards away from unfledged chicks 4. Beach Nourishment: Beach nourishment and associated activities (e.g., staging, grading, and equipment access) shall not occur during the period April 1 – August 31, to protect breeding shorebird species. a. Nourishment Slope: As proposed, all nourishment shall have a maximum slope of 10H:1V in accordance with the NHESP guidance. b. Sand Fence - Sand fencing shall not be erected in areas of beach nourishment and beach grass or other vegetation shall not be planted unless otherwise approved in writing by the NHESP Division and Conservation staff. c. Should beach conditions change sufficiently, as initially determined by the resort management, to warrant beach sediment additions, additional elevation transects and topographic information shall be submitted to document the contemporary beach condition at that time. The information shall be reviewed by Conservation staff to confirm the proposed volume and placement. d. Sediment source grain size analysis to demonstrate sediment suitability shall be provided at that time. 5. Fireworks: Fireworks shall be prohibited on beaches where plovers or terns nest from April 1 to August 31 per the Guidelines, unless otherwise approved by the Division and in accordance with the USFWS GUIDELINES FOR MANAGING FIREWORKS IN THE VICINITY OF PIPING PLOVERS AND SEABEACH AMARANTH ON THE U.S. ATLANTIC COAST (1997). 6. Kites & Drones: Kite flying & drones shall be prohibited within 200 yards of nesting or territorial adult or unfledged piping plovers or terns from April 1 to August 31 per the Guidelines. o Recent and Ongoing Bird Management and Monitoring: - The Resort organization shall have an agreement with Mass Audubon for purposes of securing rapid response relating to the field management activities described in this Management Plan and as further mandated by statute. The agreement shall be provided to the Yarmouth Conservation file and if needed to NHESP prior to April 1 of any given year. o Management history including nesting history – Beginning in April 2025 continuing for the summer of 2025. The 2025 summary (available on request) indicated a Piping Plover pair exhibited nesting behavior with no success. o Annual updates are required on the location of past activity on-site the site that displays the location of the symbolic fencing and signage. An example of this is the attached Figure 1 showing 2025 areas. 4 o Symbolic fencing and signage shall be installed prior to April 1 on any applicable year; the location should be based on historic nesting or suitable nesting habitat according to the last season’s records. o Threats to shorebirds: The hotel staff shall manage the prohibition of kites, fireworks, drones, etc. and designate what activities are and are not permitted, and locations for permitted activities. Group gatherings that are scheduled shall be appropriately distant from the refuge areas as managed by the staff and as needed, bird monitors in accordance with The Guidelines. Unleashed dogs are not permitted on the premises. Beach games shall be sufficiently removed from refuge areas in accordance w ith The Guidelines. o Trash management: Trash and waste at the resort and on the beach shall be frequently monitored and controlled by staff to maintain a clean and presentable beach setting. Removal of food waste on the beach is a priority. o Events: Functions shall be appropriately separated from refuge areas in accordance with guidelines or as recommended by the bird monitor for the site. o Temporary deck - -Removal of the small ( 12’ X 12’ ) deck stage in the event of a severe coastal storm watch shall be by way of a vehicle (tractor) and the route shall be dictated by maintaining an appropriate distance from any marked refuge areas. o Raking: The mechanical beach rake vehicle (small tractor) use shall be minimized as governed by the resort staff in concert with the resort bird monitor and according to regulations / recommendation of The Guidelines. o Wrack and seaweed handling – Wrack and seaweed collected from raking events shall be promptly disposed of, composted or otherwise in accordance with standard practice for such materials. o Beach chairs, game apparatus, cabana tents shall be deployed and removed by hand carrying unless motorized transport is required due to practical considerations for numbers and / or weight. The Guidance, Bird Monitor and the presence of birds / refuge areas will dictate furniture placement location and transport. o Compliance/enforcement: o The beach is a private resort beach, with staff, occasionally traversed along the tide line by pedestrians. o The resort staff shall monitor the beach area and shall respond promptly to violations of rules and protocols such as disregard for refuge area signs, loose dogs, loose trash, uninvited guests, prohibited activities as is expected of a private resort.