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A Guide to the Coastal Wetlands Regulations of the Massachusetts Wetlands Protection Acf (G.L. 131, s.40) 7"" low 'Ob, KFM 2851.8 A83 1979 A Guide to the Coastal Wetlands Regulations of the Massachusetts Wetlands Protection Act (G.L. 131, s.40) Division of Wetlands Department of Environmental Quality Engineering 100 Cambridge Street Boston, Massachusetts 02202 Telephone: (617) 727-9706 2 Commonwealth of Massachusetts Executive Office of Environmental Affairs Coastal Zone Management Office The preparation of this publication was funded by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, under a program implementation grant to the Commonwealth of Massachusetts. ACKNOWLEDGMENTS The original drafts of this Guide were provided by two consultants: IEP, Inc. of Wayland, Massachusetts and the Provincetown Center for Coastal Studies, of Provincetown, Massachusetts. Their technical knowledge and experience were invaluable in the development of this Guide. The Department of Environmental Quality Engineering (DEQE) however, takes full responsibility for the Guide's content and presentations. DEQE would like to give special thanks to Lester B. Smith, Jr. and Gary R. Clayton of the Massachusetts Coastal Zone Management Program staff, who worked long hours and without whose technical support and guidance this Guide would not have been possible. James C. Colman, Director of the DEQE Division of Wet- lands, was project coordinator. Marc D. Kaufman served as editor of the Guide. Ray D. Williams and Matthew J. Poole worked on layout, maps and illustrations. Dennis O'Reilly was design consultant. In addition, DEQE would like to thank the many other people who contributed thoughts, suggestions and criticisms during the development of the Guide, including William Clendaniel, Barbara J. Ingle, Robin Lepore and Richard Thibedeau. All of those involved wish to give special thanks to David Standley and Eric E. Van Loon, without whose support this project could not have been accomplished. Editor's Note: DEQE welcomes your comments, suggestions, criticisms and corrections on material in the Guide. Please send your comments to: Director, Division of Wetlands, Department of Environmental Quality Engineering, 100 Cam- bridge St., Boston, Massachusetts 02202. Photo credits: Army Corps of Engineers - New England Division: Illustrations 14, 17, 29, 30, 31, 32, 35, 38, 39, 40, 41, 45, 46; Paul Godfrey: Illustrations 27, 28; Scituate Conservation Commission: Illustration 15; Others: IEP, Inc., and Massachusetts Coastal Zone Management Office. Cover: Marc Kaufman. 7@pogrophy: Together Graphics, Inc. TABLE OF CONTENTS INTRODUCTION ........................... 1 11. Piers, Docks, Wharves, Floats, Piles, Dolphins 117 HOW TO USE THIS GUIDEBOOK ............. 4 12. Tidal Gates, Dams ......................... 127 13. Culverts ................................ 130 CHAPTER 1 - COASTAL RESOURCE AREAS: 14. Septic Systems ............................ 132 THEIR IDENTIFICATION AND ROLE IN 15. Point Discharges .......................... 133 COASTAL PROCESSES: CHAPTER 3 - COMMENTS ON GENERAL I .Land Under The Ocean (Section 25) ............. 9 PROVISIONS (REGULATION 24): ............ 139 2. Designated Port Areas (Section 26) .............. 13 3. Coastal Beaches (Section 27) .................. 21 APPENDICES 4. Coastal Dunes (Section 28) .................... 25 A. General Overview of Physical and Biological Processes 5. Barrier Beaches (Section 29) ................... 28 in Coastal Wetlands ........................ 144 6. Coastal Banks (Section 30) .................... 31 B. Approximate Spawning Times for 7. Rocky Intertidal Shores (Section 3 1) ............. 34 Anadromous/Catadromous Fish ............... 149 9. Salt Marshes (Section 32) ..................... 36 C. Sources of Maps and Aerial Photographs ......... 150 9. Land Under Salt Ponds (Section 33) ............. 39 D. Selected References Annotated ................ 152 10. Land Containing Shellfish (Section 34) ........... 41 11. Fish Runs (Section 35) ....................... 44 E. Other Legislation Applicable to Resource Areas .... 154 CHAPTER 2 - REGULATED COASTAL GLOSSARY ............................... 155 ACTIVITIES: A. General Introduction ........................... 51 B. Complex Activities ............................ 54 C. Large and Small Projects ....................... 55 D. Specific Coastal Activities I .Dredging ................................ 56 2. Disposal of Dredged Materials ................. 65 3. Fill .................................... 68 4. Grading and Raking ........................ 76 5. Removal ................................ 82 6. Seawalls, Revetments, Bulkheads ............... 84 7. Breakwaters .............................. 94 9. Groins .................................. 97 9. Jetties ................................. 102 10. Boardwalks, Stairs, Pathways, and Trails ......... 107 LETTER OF INTRODUCTION December 31, 1978 Dear Reader, The Department of Environmental Quality Engineering DEQE is not bound exclusively to the interpretations con- (DEQE), with the assistance of the Massachusetts Coastal Zone tained herein, but will use this book as a framework within Management Office, has developed and promulgated a which to make decisions on a case-by-case basis. comprehensive set of Regulations to protect coastal wetlands. I urge applicants to carefully review the specific location These Regulations, which became effective on August 10, and design of their projects to ensure that they conform to the 1978, set forth detailed performance standards for the design performance standards of the regulations before they are and location of projects in or near coastal wetlands. formally proposed. I also urge conservation commissions to The coast is a complex physical and biological environ- carefully review each Notice of Intent, and where necessary, to ment, and consequently, the Regulations to protect it are at impose conditions to ensure that proposed projects meet the times complex and technical. The purpose of this book is to performance standards. guide coastal conservation commissions, applicants, and other I believe that if both applicants and coastal conservation ler and the interested citizens when applying the coastal wetland regula- commissions work cooperatively and follow the let@ tions to specific sites and projects. spirit of the Regulations and this Guide, appropriate construc- This Guide sets forth DEQE policy concerning the imple- tion may proceed in the coastal zone which will not adversely mentation of the Regulations. It should be used as a general effect our valuable and fragile coastal environment. indicator of how DEQE interprets the Regulations. However, the complexity of the coastal environment and the variety of coastal activities make it impossible to more than summarize the situations, impacts, and design/engineering solutions Sincerely, which may be proposed, evaluated, and conditioned under the Wetlands Protection Act procedures. Therefore, while conformance with the measures spelled out in this Guide will generally mean that a project is acceptable, each proposed project must be designed, reviewed, and conditioned with Commissioner respect to its particular location and adverse impacts. INTRODUCTION "The edge of the sea is a strange and beautiful place. All the sea, where the drama of life played itsfirst scene on earth through the long history of Earth it has been an area of unrest and perhaps even its prelude, where the forces of evolution are where waves have broken heavily against the land, where the at work today; as they have been since the appearance of what tides have pressedforward over the continents, receded, and we know as life; and where the spectacle of living creatures then returned. For no two successive days is the shore line pre- faced by the cosmic realities of their world is crystal clear. cisely the same. Not only do the tides advance and retreat in their eternal rhythms, but the level of the sea itself is never at The Edge of the Sea rest. It rises orfalls as the glaciers melt or grow, as thefloor of Rachel Carson the deep ocean basins shifts under its increasing load of sedi- ments, or as the earth's crust along the continental margins warps up or down in adjustment to strain and tension. Today a Coastal wetlands are critically important natural resources little more land may belong to the sea, tomorrow a little less. in need of protection and conservation for this and future Always the edge of the sea remains an elusive and indefinable generations. Salt marshes, land under the ocean, salt ponds, boundary... tidal flats and fish runs are components of a complex natural system important for maintaining marine productivity. "The shore is an ancient world, for as long as there has Coastal beaches, coastal dunes, coastal banks and barrier been an earth andsea there has been thisplace of the meeting beaches play a crucial role in buffering inland property against of land and water. Yet it is a world that keeps alive the sense of the destructive forces of coastal storms. continuing creation and of the relentless drive of life. Each Coastal wetlands provide citizens of the Commonwealth time that I enter it, I gain some new awareness of its beauty with irreplaceable benefits. Man made structures, regardless of and its deeper meanings, sensing that intricatefabric of life by design or cost, cannot improve upon or even match the func- which one creature is linked with another, and each with its tions of natural systems. surroundings. These valuable coastal wetlands have been encroached upon and altered by the activities of man over the centuries, to the point where their value to finfish and shellfish productivity 'There is a common thread that links these scenes and and storm damage protection has diminished. The memories - the spectacle of life in all its varied manifestations Massachusetts legislature recognized the danger of inappro- as it has appeared, evolved, and sometimes died out. Underly- priate development on coastal wetlands in the mid 1960's and ing the beauty of the spectacle there is meaning and began enacting laws to protect wetlands. Massachusetts has led significance. It is the elusiveness of that meaning that haunts the nation in this effort; the Commonwealth's landmark us, that sends us again and again into the natural world where wetlands legislation has served as a model for many states. the key to the riddle is hidden. It sends us back to the edge of The Wetlands Protection Act, G.L. Chapter 13 1, s. 40 (the Act), requires that any person who wishes to "fill, dredge, remove, or alter" a wetland must first file a Notice of Intent with the conservation commission in the city or town in which the project is to be located. In turn, the conservation commis- INTRODUCTION 1 INTRODUCTION sion is obligated to impose conditions on the proposed project The Massachusetts coastal zone consists of a variety of which will contribute to the protection of seven public benefits interrelated and interdependent coastal ecosystems. Activities provided by wetlands: flood control, storm damage in one area of the coast may impact wetland features and prevention, public or private water supply, groundwater resources elsewhere along the coast. The Act seeks to maintain supply, prevention of pollution, protection of fisheries and the physical and biological coastal processes. protection of land containing shellfish. The basic underlying The geology of the coast is active. The constantly rising sea purpose of the Act is to ensure that wetlands will continue to level and the consequent landward movement of coastal provide those seven benefits to people, and to prevent projects features, and the constant interaction between the land and the proposed in or near wetlands from causing adverse effects to sea means that coastal features are in constant movement. The any of these interests. process of formation and reformation of coastal features The Massachusetts Coastal Zone Management Office is a protects the land from the forces of the sea. The coastal federally funded program to aid the Commonwealth in protect- regulations therefore seek to protect coastal landforms from ing and enhancing coastal resources. An important aspect of adverse effects which may be caused directly by filling, this program has been to work with DEQE to develop a com- dredging or removal, or indirectly by altering the processes prehensive set of regulations under the Act to improve the which create and maintain coastal landforms Oand under the protection of coastal wetlands. These Regulations apply to ocean, coastal beaches, coastal dunes, barrier beaches, rocky Land Under the Ocean, Coastal Beaches, Coastal Dunes, intertidal shores and coastal banks) which play a role in storm Barrier Beaches, Salt Marshes, Coastal Banks, Rocky damage prevention and flood control. Intertidal Shores, Land Under Salt Ponds and Anadromous/ The biological ecosystems of the Massachusetts coastal Catadromous Fish Runs. zone are among the most productive on earth and support The Regulations provide performance standards for all -extensive populations of finfish and shellfish. The coastal activities regulated by the Act in coastal wetlands. These ecosystems consist of complex biological communities and performance standards provide criteria which must be met by coastal habitats, and must be maintained to protect the future any proposed project. They do not require that certain specific productivity of valuable fisheries resources. The Act and the measures or designs be used; rather, they allow for Regulations seek to protect biologically productive areas (land considerable flexibility by the applicant to propose any design under the ocean, coastal beaches including tidal fiats, salt or activity as long as it meets the performance standard. For marshes, rocky intertidal shores, land under salt ponds and example, as long as a pier on a beach is properly designed, it anadromous/catadromous fish runs) from adverse effects can be built. The underlying principle behind the performance which may be caused directly by filling, dredging or removal, standards is quite simple: if a project is to be built in a coastal or indirectly by alterations in water quality, the food chain and wetland, it must be built in a way which respects the environ- habitat. ment in which it is located and does not destroy the public The purpose of this Guide is to assist applicants in the value of the coastal wetland. The application of this principle is design of projects in and near coastal wetlands and to assist advantageous both to the applicant and to the public - it conservation commissions in the review and conditioning of protects the applicant's long term investment and the public's those projects so that such projects will conform to the right to protection from unwise and inappropriate performance standards. development. 2 INTRODUCTION INTRODUCTION Conservation commissions will find the technical guidance provided in this book will make their task of identifying coastal wetlands, reviewing Notices of Intent and plans and preparing Orders of Conditions more systematic, more uniform and less subject to misinterpretation. Applicants who use this Guide will have a better idea of what standards are expected by conservation commissions and DEQE and should expect a fair and timely review of their proposals if they are located and designed in accordance with the Regulations as interpreted in the Guide. Many of the words used in this Guide are relatively tech- nical in order to be scientifically accurate. Many of these terms are defined in a glossary in the back of the book to help familiarize readers with what may be a new vocabulary. Finally, readers should carefully review the coastal regulations in their entirety, in addition to using the Guide. Copies of the regulations are available from: Secretary of State: Book Section State House Room 116 Boston, MA 02133 Ask for the regulations promulgated under G. L. c. 13 1, s. 40. INTRODUCTION 3 HOW TO USE THIS GUIDE How To Use This Guide: experience over time willhelp expedite projects and project This Guide has been designed as a working reference reviews in the coastal zone. document and tool. It explains how to prepare/review an Step 1 - Identify the Resource Area: The Resource Area(s) application for a "wetlands permit" under the Wetlands Pro- in which the proposed project is to be constructed should be tection Act (MGL c. 130, s 40). It has three chapters, plus identified. Chapter One defines and illustrates each of the supporting appendices. eleven Resource Areas listed in the Regulations and explains Chapter One contains a detailed definition and explanation how to determine their boundaries. The applicant should of the eleven resource areas identified in the Regulations which prepare a map showing each Resource Area at and adjacent to are to be protected in the coastal zone. This chapter explains the site. how to establish the boundary for a resource area, the This step is important because the performance standards importance of each resource area and a summary of the major and the measures required to meet them vary according to the physical and biological processes at work. Resource Area within which the proposed project is located. Chapter Two concerns regulated coastal activities. Fifteen Step 2 - Identify Each Proposed Activity@ Each activity common activities which are included under the general terms involved in the proposed project and its location in the stated in the Act, "dredging, filling, removal and altering," are Resource Areas should be identified. Chapter Two lists and identified and defined. The chapter includes a description of describes the most common activities likely to be proposed in the adverse impacts these fifteen activities are likely to have on or near a coastal wetland. the interests of the Act, and indicates in which resource area Most projects will involve several activities; for example, a they are or are not likely to be acceptable. If the acceptability marina may involve dredging, fill, seawall and piers. (See threshold is passed, the Guide explains how the activity can be section on complex activities, page 54.) Each activity should be designed and conditioned to meet the performance standards listed, including those involved in the site preparation, construc- of the regulations. The purpose of this chapter is to indicate tion, use and maintenance of the project. what these standards mean in terms of the location, design and Step 3 - Identify Project Constraints: acceptability of specific types of activities which may be proposed along the coast. An acceptability table at the beginning of each activity Chapter Three concerns Regulation Section 24. section in Chapter Two indicates whether or not a proposed Before an applicant begins to design a project or the activity is likely to be permitted in a particular Resource Area. conservation commission begins its review, it is useful to think If the table indicates a project is likely to be permitted, then the through the design/review process and identify the steps applicant and conservation commission can turn to the appro- involved. This is where the Guide serves as a useful planning priate chart to determine how it should be designed or tool. If the general steps outlined below are thoughtfully and conditioned. carefully followed, both applicants and conservation com- If the table indicates that a project is not likely to be missions will find compliance with the Wetlands Protection permitted, the applicant should seriously consider whether or Act simpler and less time consuming. The systematic approach not to proceed with designing the project and filing a Notice of outlined here draws upon the Guide as a resource to clarify the Intent. If a Notice of Intent is filed, the conservation commis- details of the Act and the Regulations. Improved planning and sion, in turn, should review such a project with extreme care to 4 GUIDE USE see if it conforms to the performance standards. HOW TO USE THIS GUIDE Step 4 - Identify Adverse Impacts: The particular impacts construction measures suggested in this Guide, in most cases of each activity in a Resource Area should be identified and the performance standards will have been met. The Order of listed. The charts in Chapter Two indicate the likely impacts of Conditions should cite the plans and, if any, other appropriate each activity on a given Resource Area. This step involves documents. interpreting the general information in the Guide as it applies The tables are intended to be used as a guide, and not as an to the particulars of the proposed activity and site. absolute directory. The Order should incorporate the general Step 5 - Identify Measures to Meet Performance sense of the measures listed in the tables, but sufficient detail Standards: The measures to meet the performance standards must be added to tailor the order to the specific location and in each Resource Area should be identified and listed. project. In certain areas, applicants must use "best available" mea- If the plans do not meet the performance standards, the sures to reduce adverse impacts in order for their projects to be conservation commission must decide whether to deny the acceptable. Under other circumstances, "best practical" project on that basis or to impose conditions so that the project measures must be employed. In still others, such measures will be in compliance. This decision is a judgment call and will must result in "no adverse effects" on the resource area. The depend upon the severity of the proposed project's impacts and different circumstances for these three tests are spelled out in the amount of redesign required to make the project conform the regulations. The tables in Chapter Two identify and list the to the performance standards. In general, the conservation measures to meet the performance standards in each Resource commission should not be in the position of totally redesigning Area. a project; however, it should inform the applicant of why the These lists should be used as a guide to the measures the project is unacceptable and give the applicant an opportunity applicant might propose, or the conservation commission to meet the objections. s might require. However, the details of each measure will vary according to the circumstances at the site and the proposed project; nevertheless, the basic measures in the tables, or their equivalent should be followed in most cases. Step 6 - Design the Project / Prepare an order of Conditions: The applicant should design the proposed project, using the suggested measures or their equivalent, to meet the performance standards for each Resource Area involved, and should be prepared to show the conservation commission exactly how the proposed project will, in fact, satisfy the performance standards. The conservation commission, after reviewing the plans and any other available information, must determine whether or not the proposed project is properly designed to meet the performance standards. If the applicant follows the design/ GUIDE USE 5 , CHAPTER 1 Resource Areas: Definition, Identification and Role in Coastal Processes RESOURCE AREAS Introduction The Regulations list eleven Resource Areas which are to be protected in the coastal zone. They are: Land Under the Ocean, Designated Port Areas, Coastal Beaches, Coastal Dunes, Barrier Beaches, Coastal Banks, Rocky Intertidal Shores, Salt Marshes, Land Under Salt Ponds, Land Containing Shellfish and Fish Runs. The role of these Resource Areas, their critical characteris- tics and their definition are briefly discussed in the "Preamble" and "Definition" sections of the Regulations. The purpose of this chapter is to expand upon the information provided in the Regulations. Each Resource Area is defined and identified, and a boundary description presented. This information is intended to provide a guide to applicants, conservation commissions and others to more easily identify each Resource Area and its boundaries. The role of each Resource Area and its characteristics in the overall coastal physical and biological system is also explained. This serves as a summary of the major physical and biological processes at work in each Resource Area. More detailed information may be found in the publications listed in the annotated bibliography in the Appendix. Even with the information in the Guide, it still may be necessary to seek expert assistance in identifying wetlands and their boundaries. m LAND UNDER THE OCEAN Section 25 The Regulations define Land Under the Ocean as follows: Acushnet, New Bedford, Dartmouth and Westport (excluding Section 25 (2) (a) "Land Under the Ocean" means land extend- the shore west of Gooseberry Neck), the nearshore area extends ing from the mean low water line seaward to the boundary of only to the 30 foot depth contour at mean low water. the municipality's jurisdiction and includes land under 2. For the bay side of the Town of Provincetown, the nearshore estuaries. area extends only to the 40 foot depth contour at mean low Section 25 N "Nearshore Areas" of land under the ocean water. means that land extending from the mean low water line to the 3. For the bay side of the Towns of Truro and Wellfleet, the seaward limit of a municipality's jurisdiction, but in no case nearshore area extends only to the 50 foot depth contour at beyond the point where the land is 80 feet below the level of the mean low water. ocean at mean low water. However, the nearshore area shall Nearshore Areas of extend seaward only to that point where the land is 30 feet Land Under the Land Under the below the level of the ocean at mean low water for Z Ocean ElOcean municipalities bordering Buzzard's Bay and Vineyard Sound - (west of a line between West Chop, Martha's Vineyard and MUNICIPAL BOUNDARY Nobska Point, Falmouth), 40 feet below the level of the ocean (LIMIT OF JURISDICTION) at mean low water for Provincetown's land in Cape Cod Bay, 80 FT. CONTOUR and 50 feet below the level of the ocean at mean low water for ............................... Truro's and Wellfleet's land in Cape Cod Bay. ......... "Land Under the Ocean" includes land under bays, D estuaries and under portions of rivers which are tidally influ- enced, such as the Taunton River in the Berkley and Dighton area, as well as land under the open ocean out to the municipality's boundary. An important subcategory of land under the ocean is the :W .. ...... ... nearshore areas, which are those lands under the ocean closest LOW WA L to land. The seaward boundary of nearshore areas is generally where the ocean is 80 feet deep at mean low water, but no further seaward than the municipality's jurisdiction. Note the following exceptions to the 80 foot rule, where, due to variations in wave exposures, the nearshore area extends to a shallower depth. Illustration 1: Land under the ocean 1. For the towns of Tisbury (excluding Vineyard Haven Harbor), West Tisbury, Chilmark, Gayhead, Falmouth (excluding the southern shore east of Nobska Point), Gosnold, Identification Illustration I shows the location of land under Bourne, Wareham, Marion, Mattapoisett, Fairhaven, the ocean related to other coastal features. LAND UNDER THE OCEAN 9 LAND UNDER THE OCEAN Section 25 The nautical charts issued by the National Ocean Survey of The National Ocean Survey also publishes tide tables which NOAA (National Oceanic and Atmospheric Administration) include sea level elevations for selected localities. These are serve as an important source of information concerning land available from many marine supply dealers. under the ocean. The dividing line between land and water on For small projects a simple and convenient way to estimate these charts represents the mean high water line, and the mean the elevation of mean low water at a particular site is to low water line is shown as the seaward edge of the olive green observe the tides for three or four days and mark each low tide, color. Nautical soundings are measured in feet below mean low and then determine the mean low water line based on the water. Although the scale of the charts may be small, they can markers. give an indication of the mean low water line which can then be For larger projects, a survey by a registered land surveyor supplemented with actual observation. These charts are or registered professional engineer may be required in order to generally available from marine supply dealers throughout the more accurately determine the location of the mean low water Commonwealth. A listing of NOAA-authorized nautical chart contour on the site. agents for these and related maps and publications of the The location of the 80 foot depth contour can be inferred National Ocean Survey is provided in the Appendix. from the nautical charts or more accurate bathymetric: maps Illustration 2 shows a black and white reproduction of a published by NOAA. Free bathymetric map indexes showing portion of Chart #13245 with mean high and mean low water available coverage and prices may be obtained from lines indicated. National Ocean Survey Distribution Division (C44) 6501 Lafayette Avenue 5 14 1 24 33 rant 1B 37 Riverdale, Maryland 20840 m If 2' -"- I Y* J@) 3 15 19 25 21 9 13 31 Mean Low Water Line 24 Resource Functions and Critical Characteristics 2 6 16 24 2@ 22 Physical Processes - Nearshore Areas of Land Under the 1 15 .-`U@)9 15 12 Ocean Nearshore areas of land under the ocean play an .%Mean High Water Line 24 17 16 19 important role in storm damage prevention and flood control. 6 12@ 15 The characteristic of nearshore areas which is critical to these t@'Brantftock @-E) 17 16 two interests of the Act is the bottom topography. )20 2 rky 7 16 17 As waves travel from deep to nearshore areas, the natural 7 6 20 17 bottom topography changes their direction and height because 3) *"(5)3 13 16 of refraction, bottom friction and percolation. The effect of . I- - 17 19 these changes is to reduce the energy of the waves, thereby C3 15 31 22 3 3 10 k 5 ;V 29 @3 1 V 15 2 ine 24 17 16 rL 19 20 17 16 6)16 17 20 17 13 16 17 '9 13 reducing storm damage and flooding. 17 Refraction refers to the bending of a wave as it moves into 5 16 17 1 shoaling water. As waves move into nearshore areas, their 15 speed is reduced as the water becomes shallower. When dif- Illustration 2: A section of Nautical Chart 13 245 10 LAND UNDER THE OCEAN LAND UNDER THE OCEAN Section 25 ferent parts of the same wavefront encounter water of different Finally, when waves enter water approximately as deep as depths in nearshore areas, the wavefront bends. The portion of the wave is high, the waves become unstable and "break." In the wave in deeper water travels faster and is bent relative to the process of breaking, part of the wave energy is dissipated as the shallower portion of the same wavefront. Thus, refraction heat by the turbulence produced by the break, part is trans- tends to cause the wavefronts to "swing" or become more mitted seaward as a reflected wave, and part continues to nearly parallel to bottom contours. Refraction also causes a travel landward. stretching or divergence of wave crests in some areas which Nearshore areas of land under the ocean also serve as a reduces wave height. In other areas, a shrinking or convergence sediment source for coastal beaches and coastal dunes. increases wave height. Because refraction changes the direction and height of waves, it is a very important factor in the Biological Processes - Land Under the Ocean (including distribution of the wave energy on the shoreline. Nearshore Areas) Land under the ocean, which includes The amount of wave energy which reaches the shoreline estuaries and tidal rivers, plays an important role in maintain- also depends, in part, upon how much energy is lost as the ing shellfish and marine fisheries. Such land is a habitat for wave shoals, prior to breaking. The shallower the water, the productive plant communities, such as eelgrass beds, that greater the loss of energy. Energy is also lost due to the produce large amounts of particulate matter and dissolved 66pumping" action of shoaling waves, that is, the forcing of nutrients which support marine organisms such as phytoplank- water - percolation - into the sea bed. ton and detritovore populations. These organisms, in turn, are PLANTS Salt marsh vegetation Algae NUTRIENTS PLANKTONIC PLANKTONIC from plants PLANTS ANIMALS _ae z@oe Larvae 1@z 4 Jl@ Nutrie,t DETRIT s fror'n decomposition FISH Organic at WORMS CRUSTACEANS Sat. SHELLFISH EEL GRASS BE IDS Illustration 3: The food cycle for land under the ocean LAND UNDER THE OCEAN 11 LAND UNDER THE OCEAN Section 25 prey for bottom dwelling, or benthic, organisms. Many species (2) Different benthic organisms also have various, specific of commercially valuable fish consume both plankton and water temperature requirements. Temperature affects benthic organisms at some point in their life cycle. reproduction, mortality and growth. Such land also provides spawning and nursery sites for fish, (3) Abnormally high levels of turbidity may affect the water crustaceans, and shellfish, and prime feeding and shelter pumping and filtration mechanisms of benthic invertebrates, habitat for adult organisms which comprise the commercial such as clams. Chronic levels of high turbidity will also and recreational fisheries. Illustration 3 shows the food cycle decrease the depth that light penetrates the water. This will for land under the ocean. reduce the production of plant material that is used as food by The characteristics of land under the ocean which are fish and plankton. Turbid conditions may also be hazardous to critical to the protection of marine fisheries are: (1) water fish eggs, since the resultant clogging by the sediment may circulation, (2) distribution of sediment grain size, (3) water interfere with the respiration of the embryo. quality, and (4) finfish habitat. (4) The addition of pollutants into the marine environment Water Circulation - Water circulation helps maintain the may have acute lethal and long-term sublethal effects on temperature regime needed by organisms living on land under organisms found on land under the ocean. Substances such as the ocean and within overlying waters. It also ensures the oil, heavy metals or synthetic chemicals can produce changes in movement of nutrients and removes pollutants and metabolic physiological or behavioral processes that will ultimately waste products, thereby helping to reduce any accumulation of reduce the populations of marine organisms. noxious substances. Finfish Habitat - Land under the ocean provides a variety of Distribution of Sediment Grain Size - Many marine habitats for finfish. For example, bottom level communities in organisms have become adapted to grow best in areas with the subtidal zone are utilized by adult crustaceans and molluscs, particular sediment grain sizes. Sediment grain size influences as well as other organisms that are food for coastal finfish. the establishment of young invertebrates and the success of Eelgrass beds are valuable habitats for young fish, scallops and adults, as well as the distribution and abundance of bottom crustaceans, and produce large quantities of detritus and dwelling organisms and plant life. For example, eelgrass beds nutrients which fertilize the waters of the coastal zone. m flourish only in areas with a muddy-sand substrate. Water Quality - The quality of water helps determine what types of marine life may survive in a particular area. Dissolved oxygen, temperature, turbidity, and pollution are four important aspects of water quality. (1) Many benthic marine organisms need high levels of dissolved oxygen to survive. If dissolved oxygen levels are reduced only the low oxygen tolerant members of the community will survive. As a result, species diversity will decline. 12 LAND UNDER THE OCEAN DESIGNATED PORT AREAS Section 26 The Regulations define Designated Port Areas as follows: Identification The twelve areas listed below were named as Section 26(2) "Designated Port Areas" means those areas designated port areas, effective September 15, 1978. Other designated in Sections 24(2)-24(3) of the regulations of the areas may be designated in the future. Department adopted pursuant to,the Waterways Law, Gloucester East Boston G.L. c. 91. "Designated Port Areas" are almost completely developed Salem Harbor South Boston areas where few or no natural land forms or vegetation remain. Beverly Harbor Weymouth Fore River They tend to be paved, bulkheaded, and used for heavy Lynn Plymouth Cordage industry so that they have virtually no significance to the Mystic River New Bedford-Fairhaven interests of the Act, except for land under the ocean, as Chelsea Creek Mt. Hope Bay explained below. The boundaries of the 12 ports already designated are The Regulations presume that only land under the ocean in shown on the following illustrations. m a designated port area is significant to the interests of the Act. Therefore, only projects which are on, or which will affect, Resource Functions and Critical Characteristics such land under the ocean are subject to the performance standards in Sections 26(3) and 26(4). Other portions of Land under the ocean in designated port areas plays a similar designated port areas, such as a coastal bank or beach remain role in flood control, storm damage prevention, and the subject to the Act's jurisdiction, but they are presumed to be protection of marine fisheries, as land under the ocean which is not significant to any of the interests of the Act. This means not in designated port areas. The major addition is that land that projects on these presumed insignificant portions of under the ocean in designated port areas also provides support designated port areas will require the filing of a Notice of for coastal engineering structures, such as bulkheads, seawalls, Intent and a public hearing, but unless the conservation com- revetments, and solid fill piers. This support contributes to its mission or other party proves the area is significant to one or value for flood control and storm damage prevention. m more of the interests of the Act, such work will not require the imposition of an Order of Conditions. (The Act requires such a hearing, at which the public may present evidence as to the significance or non-significance of a particular site to the interests of the Act.) DESIGNATED PORTS 13 DESIGNATED PORTS Section 26 DESIGNATED PORT AREAS 1. Gloucester 2. Salem Harbor 3. Beverly Harbor t 4. Lynn 5. Mystic River 6. Chelsea Creek 6 7. East Boston 8. South Boston 9. Weymouth Fore River 10. Plymouth Cordage 11. Ne. Bedford-Fairhaven 12. Mt. Hope Bay 10 Q, 12 7- 14 DESIGNATED PORTS DESIGNATED PORTS Section 26 Designated Port Area: Designated Port Area GLOUCESTER INNER HARBOR SALEM HARBOR DESIGNATED PO DESIGNATED PORT AREA CONSISTS OF: selected are Selected area within those water bject to A (seaward of subject to Waterways license jurisdiction su F-1 (seaward of mean high water mark) Scale in Yards Pr only area for state and federal funding Y Ave. 0 300 Prior ty, area (landward of (landward of mean high water mark) X ev all 3. It Cat Uove 16 (r, r Pla 2 X X 2 (1) eb. .. ......... ................. . ..... .... . .... .. ................. ... 7 X 7 'it) 9 7 f, 5 J A ........ "'0.. T ... k 10 8 A@5 F. Salem @.7 S@ 3. 15 3 15 44 13 D 12 ........... 13 st wxxx, 14 0 313 ('14 0 13 6; 4 0C y eck 001. 36 37 at 31 31 33 fee 45 .4 0- C-t C V 2 a pw& p 2 '21 37 3 25RGZ ift . @, -.2111, 32 6 33\ JZZ 25 "22 9 44- .. - .... 30 R, RV 16 2 Gr, %-- @%'.-------@,...:::::.:... -.. 7 @7 19 27 @2 16 0 Scale in Yards 5 10- Ft G 20R'27 *27 2@47. ,, I- ..., 4 2'ti-21 ..,8 1'11@ @ 16;. 4 '7 1... -7 19 :.. 22 5,;', 10 17 0 400 23 15 7 3 S A L E M SHARBO NOAA National ocew S-ey Nautical Chart 013281, Mar, 1975 NOAA National Oc DESIGNATED PORTS Section 26 Designated Port Area: Designated Port Area: BEVERLY HARBOR DES S s DESIGNATED PORT AREA CONSISTS OF: p Selected area within those waters subject to Waterways license jurisdiction (seaward of mean high water mark) Summer St. Scale in Yards NN Priority area for state and federal funding 01 (landward of mean high water mark) 0 300 IM X, General Electric Work. y V N HAR B0 R ix - c", School St. BEVERLY . ........ .. co "5 3 Cle_ 1.9 @o ,4 3 est S-d It 3/ Ir t / 32 Water St R1111 2W Point o nes 4. C'7@ '11@ X15 4 ,7 s." 13 12, 24 24 -p ::,6 6 23 '5 16 25 D@. 2 26, @o 3 2 3 13 1 51 17 1 14 14; 31 17 '4 el 3 n@n 2 3"6@,, Danver8 7- -a's 3 7 ................ 24 24 River.. 24 7 4 IN-r, 212/.q 5 8 . 7, 2 /3 '9 ..... . .... 3 ,1 16 6 3 'TowER 4 2 I IR 7 172 17 6 .12: 4 BEVERLYHARBOR I!v IM-11 N I 16 121 .0 4 1@ @@ @ @ (4) 16 .... ..... . Scale in Yards 'o S Lo, , G,9 & 22 1 6 ALEM '15 12 @!7 2 :1. @ :, Rarnii Hom Rk 0 1000 l4: ...........o 22 ....p i. ,, 15 1, ..- . .11 'o 15 , , D ". 7 13 2 NOAA National Ocean SuNey Nautical Chart # 13276, jan. 1976 NOAA 16 DESIGNATED PORTS DESIGNATED PORTS Section 26 Designated Port Area: Designated Port Area MYSTIC RIVER CHELSEA CREEK DESIGNATED PORT AREA CONSISTS OF: DESIGNATED P Selected area within those waters Selected ar subject to Waterways license jurisdiction subject to (seaward of mean high water mark) 17 (seaward of Scale in Yards Scale in Yards Priority area for state and federal funding Priority area Im (landward of mean high water mark) 0 800 flandward 0 0 600 EVERETT till . . . . .......... .. . . . . . . . . . ..... ...... . .. .. ... .. Chelsea Nava) Hospital 5@5 7 CHELSEA CHELSEA A. % . .. .... .... F St ...... .... 4e, h ............ 6% 2-4 .......... qD. ......... to r. E. E CHARL S OWN 4 TEAST - I BOSTON `=- I EAST BOST N NOAA National Oceen survey Nwfical chart #13272, Jan. 1976 '1-- ff// NOAA National 0 DESIGNATED PORTS Section 26 Designated Port Area: Designated Port EAST BOSTON SOUTH BOS DESIGNATED PORT AREA CONSISTS OF: DESI Scale in Yards Selected area within those waters 0 1000 subject to Waterways license jurisdiction S (seaward of mean high water mark) Scale in Yards s F1 T 4,@ Priority area for state and federal funding 0 1000 (landward of mean high water mark) P CHARLES- ft;"'@;'@@'I'.,I,:@: TOWN 71" AS . . . ..... . . 01 EAST BOSTON C Z**1 . . . . . ... . . . . ... . . . .. . . ............. ...... ..... ........................ ............... . . ...... NORTH" A, . . ..... .... .... END Vz @A I=Reseniat 7 First St.. SOUTH BOSTON NOAA National ocew S-ey Nwtical Chart #13272, Jan. 1976 NOA 18 DESIGNATED PORTS DESIGNATED PORTS Section 26 Designated Port Area: Designated Port Are WEYMOUTH FORE RIVER PLYMOUTH CORDA( DESIGNATED P DESIGNATED PORT AREA CONSISTS OF: Selected ar subject to Selected area within those waters F-1 (seaward o subject to Waterways license jurisdiction Scale in Yards Priority area Scale in Yards (seaward of mean high water mark) 0 500 go (landward o Priority area for state and federal funding 0 1000 (landward of mean high water mark) ........... I.. .............. Ichabods Flat ./ ..............I....... 4 3 .......... 6-- ----'\B 2 4 -* .......... 14 21 ....................... 3 17 ..... ... ..... ........... Houghs Neck .......... .................. N 4 sea 8, Tidal Flat ... . . ......... C "13 14 pa/- R-k 2 St. BroadMeadows @N ............ TOWN RIVER RA 2 3 R .2a 3A rmantown 12 "",*,gto, S, C QUINCY ........ rdage Park 11NUFLn Weymouth 3A N. Bridge St PLYMO CORD G an. ja @2 Dynan- @o 4Li @:::*@.. -A@ C-- Com 'St. NOAA Nationai 0- survey NauficW Chart 013270. Jw. 1978 NOAA National 0 -J DESIGNATED PORTS Section 26 Designated Port Area: Designated Port NEW BEDFORD- FAIRHAVEN MT HOPE B DESIG DESIGNATED PORT AREA CONSISTS OF: S d su (s 2 Selected area within those waters 21 subject to Waterways license jurisdiction Scale in Yards (seaward of mean high water mark) Pr 0 2000 (1 Priority area for state and federal funding 9@ 2 (landward of mean high water mark) 3 4 fp '4 7 37 37 34 3 7 X X Popes I sland :j 33 3 0 @Ao 3 Scale in Yards SOME 0 800 NEW -'o 41, ve. 2A BEDFOR W n9. X 13 FAIRHAVEN 2 14 29 4 28 , ?@ . , -- 14 12 C 25 1 -`4 4 14 14 ,Brayton Point 7 9011 3@ 14 2 3 7 M T 4 15 H 0 P E 23- a and 1.10 ( 2 1 1-3 12 Fort f:@: 7 B A Y F1 R 2 \\,4 2 V@ 6 AV.- 'W4 xxx. 2 15 "'o Y 11 7 NCH NOAA National Ocean S-ey Nauft:Chart #13229 Pg. G, N- 1971 NOA 20 DESIGNATED PORTS COASTAL BEACHES Section 27 The Regulations define Coastal Beaches as follows: Section 27(2)(a) "Coastal Beach" means unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and Mean High Water includes tidal flats. Coastal beaches extend from the mean low water line landward to the dune line, coastal bankline or the seaward edge of existing man-made structures, when these structures replace one of the above lines, whichever is closest to the ocean. Section 27(2)(b) "Tidal Flat" means any nearly level part of a coastal beach which usually extends from the mean low water line landward to the more steeply sloping face of the coastal beach or which may be separated from the beach by land under Low Water the ocean. The size of the unconsolidated sediments which make up Toe of coastal dune or coastal bank coastal beaches may range from very fine particles to small rocks several inches in diameter, as on a shingle or cobble Tidal Flats V beach. Tidal flats are commonly found both along exposed Coasta1B*ea*ch I ND UNDER T'HE OCEAN---: shorelines and in protected estuarine areas. They may be i LA completely surrounded by water at mean low water and may or Illustration 4: Coastal beach cross section may not be connected to the rest of a coastal beach. Identification Illustration 4 shows the location of coastal ward edge of tidal flats, which are symbolized with a black dot beaches relative to other coastal landforms. pattern. The mean low water line represents the value of zero Coastal beaches, and their boundaries, can often be (0) feet, and all nautical soundings are measured in feet below determined by careful observation if the applicant or conserva- this line. The landward edge of coastal beaches is usually tion commission is familiar with the area and the boundaries identifiable where the contour lines indicate abrupt changes in are fairly obvious. Some useful tools for determining the topography relative to the beach. These abrupt changes are apt boundaries of coastal beaches are: to be the edge of a dune or coastal bank but may indicate the m The United States Geological Survey's 7 1/2minute series man-made coastal engineering structures that replace dunes or topographic quadrangles, commonly referred to as "topo coastal banklines. When consulting a topo sheet, however, be sheets." On such maps contour lines indicating land elevations sure that the map is the most recent one available. Illustration are measured in feet above mean sea level and are set at 10 foot 5 is atypical section of a U.S.G.S. topo sheet with important intervals. The line dividing land from water represents the features indicated. It should be noted that an original topo approximate line of mean high water. The seaward boundary sheet is printed in color and thus is much easier to read than of coastal beaches (mean low water line) is indicated as the sea- this illustration. COASTAL BEACHES 21 COASTAL BEACHES Section 27 VV coastal beach borders a dune or a coastal bank. They can be very use ful in identifying coastal beaches and, in general, in obtaining a better understanding of coastal processes. m Aerial photography, when available, is useful in determin- 19 ing the presence of a coastal beach. Ce arville ing Such sources of information will be most useful if 0 Mean High Water Line 33 0 ., supplemented with actual site visits to the areas under Coastal Bank consideration. r!N 0 --- Since existing data, such as a topo sheet or a nautical chart, 13 is not always accurate or up-to-date, applicants will often have Mean ow Water Line to supply their own survey map of the area proposed to be 0 29 altered. The map should indicate: elevation contour lines ave Coastal Beach measured in feet above mean sea level, the mean high water 3 contour, the mean low water contour, and one foot contour 0 ! 0@1 lines between mean high and mean low water, accurate to 0 tenths of feet. (Q)100 Conservation commissions and applicants should become V, familiar with how to identify the dune-line or bank-line which A indicates the landward edge of a coastal beach. The following Illustration 5: Section of typical U.S.G.S. topo sheet illustrations indicate typical beach/dune and beach/bank edge m The approximate seaward boundary of coastal beaches is situations. n clearly shown on the NOAA nautical charts as the seaward extent of tidal flats (mean low water), and nautical soundings are measured in feet below mean low water. The landward edge of coastal beaches is, however, more accurately identifiable on the U.S.G.S. topo maps, which stress land information more __77-7 than nautical information. Likewise, the nautical charts are A* more reliable for identifying the seaward boundaries because these charts focus upon water information moreso than topo sheets. See Illustration 2 in Section 25 for an example of a nautical chart. m In addition to nautical and topographical maps, surficial geologic maps are helpful for coastal beach boundary deter- mination. These maps, also prepared by the United States Geo- Illustration 6: Coastal beach/coastal dune edge logical Survey, are especially helpful in determining whether a 22 COASTAL BEACHES COASTAL BEACHES Section 27 Sediments move from subtidal areas to beaches to dunes and back again, in a constant shifting of sediment caused by wind and waves. Steep storm waves cause beach sediment to move offshore to subtidal areas, resulting in a reduced coastal beach volume and a gentler slope, thereby reducing the energy of storm waves. The shape of a beach is actually changed during a storm in such a way that wave energy is reduced. See Illustra- tion 8 and Illustration 9. Following storms, less steep waves return sediment landward and the coastal beaches can recover to approximate pre- storm conditions, thereby again changing their shape in such a way that future storm wave energy will be dissipated. Net Sand Movement: LANDWARD Illustration 7: Coastal beach/coastal bank edge Resource Functions and Critical Characteristics High, steep beach profile Small sand bar Physical Processes Coastal beaches play an important role in storm damage prevention and flood control. The characteristics of coastal beaches which are critical to storm damage prevention or flood control are the ability of the coastal beach to respond to wave action, and the volume and form of the beach. Illustration 8: Low wave energy beach profile Wave action is the principal agent responsible for the transport of beach sediment. The oblique approach of waves Net Sand Movement: SEAWARD moves the sediment alongshore in the general direction of wave travel. The net rate of alongshore beach sediment transport Large sand bar depends upon the angle of wave approach, the wave energy, Low, flat beach profile and the wave steepness - that is, the ratio of wave height to wave length. The characteristics (sizes) of the sediment being transported, as well as the form of the beach, also affect the rate of alongshore sediment transport. This transport of sediment alongshore is called littoral drift. Coastal beaches serve as a sediment source for coastal Illustration 9: Storm wave beach profile beaches down the shore and for dunes and subtidal areas. COASTAL BEACHES 23 COASTAL BEACHES Section 27 Biological Processes Tidal flats are valuable habitats for many invertebrates, including a variety of polychaete worms and bivalve and gastropod molluscs. These organisms play an important role in coastal marine systems by utilizing plankton and microalgal-produced nutrients and detritus and contribut- ing extraordinary numbers of larvae to the food web. These larvae provide a valuable food source for the young stages of commercial fish and crustaceans. Adult invertebrates are also important since a variety of species, including the commercially valuable winter flounder and crustaceans, feed on them. The characteristics of the tidal flat portion of coastal beaches that are significant to the protection of marine fisheries or to land containing shellfish are similar to those for land under the ocean. These are water circulation, distribution of sediment grain size, water quality, and relief and elevation. The first three are discussed in the section on land under the ocean, and these comments apply to tidal flats as well. The relief and elevation of tidal flats affect how long the flats will be exposed to the air during low tide. Organisms inhabiting the flats are adapted to specific exposure periods (within ranges), so that unnatural changes to relief and elevation may affect the survival of shellfish and other tidal flat inhabitants. m 24 COASTAL BEACHES COASTAL DUNES Section 28 The Regulations define Coastal Dunes as follows: Some guidelines useful in identifying the location of the Section 28(2) "Coastal Dune" means any natural hill, mound seaward edge of a coastal dune are: or ridge of sediment landward of a coastal beach deposited by 1. Where a clear, abrupt change of topography occurs on the wind action or storm overwash. Coastal dune also means landward edge of a coastal beach. sediment deposited by artificial means and serving the purpose 2. Coastal dunes are not usually reached by normal high tides, of storm damage prevention or flood control. so the "startling line" is landward of the usual high tide line. 3. Where the familiar" dune-grass "vegetation begins. (However, it should be noted that some dunes are not I _4 vegetated.) 00 Illustration I I shows the application of these guidelines: Y Coastal Dune rass Berm llustration I astal dune identification The location of a coastal dune relative to other shoreline land forms is shown in Illustration 11. --DUNE BEGINS' '(abrupt change Although many people can easily recognize a coastal sand dune when they see one, its exact "starting" line and "ending" Ct Normal Hic, h Tide line are sometimes hard to determine, especially when a coastal dune slopes very gradually from a coastal beach. COASTAL I DUNE COASTAL BE H I It is easy to confuse coastal beach berms with coastal dunes. Berms, usually devoid of vegetation, are fairly flat terraces on the upper beach and are part of the natural form of Illustration 11: Coastal dune characteristics the coastal beach. The difference between a coastal beach berm and a coastal dune is indicated in Illustration I I . COASTAL DUNES 25 COASTAL DUNES Section 28 Coastal dunes play an important role in storm damage pre- m Coastal Dune Form and Volume - The volume (height and vention and flood control. It should be noted that the dunes width) and form of coastal dunes provide a buffer which resists closest to the coastal beach are the ones that are nearly always the wave uprush during storms and retards stormline retreat. significant to storm damage prevention and flood control, and (See Appendix A for a discussion of shoreline retreat.) Coastal are therefore subject to the performance standards in Section dune form and volume are the result of a combination of 28. The dunes behind the one or two rows of dunes closest to factors, the most important of which are wind and vegetation. the beach may be significant, but are less likely to be than the Natural waters flow, which comes in the form of storm over- front dunes, except on barrier beaches. wash, is also an important process in controlling the coastal The landward extent of coastal dunes is the landward edge dune form and volume, because through this mechanism, sand of the sediment deposited by wind or storm wave overwash. is carried landward to initiate dune formation. (RFCC Dunes) This is usually marked by a change in vegetation from dune- E Vegetative Cover - Vegetation contributes to the growth type vegetation such as dune grass, beach pea, rosa rugosa, or and stability of coastal dunes by providing conditions favor- beach plum to upland plants such as pine or hardwoods. m able to sand deposition. Coastal dunes often originate along the strand line of the beach. "Wrack" material, such as beach- Resource Functions and Critical Characteristics grass stems, is carried to the strand line by wind and wave activity where it accumulates and is often buried by sand blow- Artificially constructed dunes are included in the definition ing from the coastal beach. Seeds of many plants become because they also play a role in protecting inland properties mixed with these materials and subsequently germinate. This is from storm waves and flooding. seen in Illustration 13. As the strand line plants grow and begin All coastal dunes on a barrier beach are important because trapping more sand, the strand line rises to a height above the their volume constitutes the major portion of the total volume high tide line. of the barrier beach above high water. The volume and height provide a buffer from storm waves and elevated sea levels for landward properties and landward coastal wetlands. The characteristics of coastal dunes which are likely to be significant to storm damage prevention and flood control are: m The Ability of Coastal Dunes to Erode in Response to Coastal Beach Conditions - The erosion of coastal dunes by waves, usually during storms, supplies sand to the adjacent coastal beach. This sand helps maintain or increase the volume of the coastal beach as it loses sand during storms to nearshore areas of the ocean. Without the supply of sand from coastal dunes, beaches will gradually be depleted of sediment and dis- appear. (The sand which moves from the dune to the beach originally was carried by wind from the beach to the dune). Illustration 12: Dune configuration 26 COASTAL DUNES COASTAL DUNES Section 28 77- -.==@ -low 2M Illustration 13: Dune configuration. Note that wrack material forms the dune line. The beach grass then begins to act as a baffle, trapping sand moved by the prevailing winds, and producing the vertical accumulation of sand called dunes. On retreating shorelines, coastal dunes bordering the coastal beach move landward with the rest of the shoreline. This allows coastal dunes to maintain their form and volume. If the dune did not build landward, the dune would gradually be eroded away from the seaward side and the dune would become smaller and smaller, and therefore would be more likely to be completely washed away in a coastal storm. n COASTAL DUNES 27 BARRIER BEACHES Section 29 The Regulations define Barrier Beaches as follows: Town/ Barrier Beach Dennis or Island Chapin Beach Section 29(2) "Barrier Beach" means a narrow low-lying strip Sesuit Beach of land generally consisting of coastal beaches and coastal Barnstable Quivett Creek Beach - East and dunes extending roughly parallel to the trend of the coast. It is Mill Creek Spit West Spits separated from the mainland by a narrow body of fresh, Hyannisport Spit Swan Pond River Squaw Island Beach - East and Davis Beach brackish or saline water or a marsh system. A barrier beach West Sides may be joined to the mainland at one or both ends. Craigville - Long Beach Duxbury Dowses Beach Duxbury Beach Dead Neck Eastham Rushy Marsh Pond Rock Harbor Spit Sandy Neck Hatch Beach Bourne Harmes Way (Sunken Meadow Sagamore Beach Beach) Bassetts Island Edgartown Hog Island Eel Pond, Little Beach Squeteague Harbor Beach Chappaquiddick Beach Scraggy Neck Beach Cape Poge Brewster/ Orleans Norton Point Namskaket Creek - East and West Edgartown Great Pond Beach Spits Jobs Neck Pond Beach Paqua Pond Beach Chatham Oyster Pond Harding Beach Forest Beach Eastham/Orleans/Chatham -.,**w Monomoy Island National Wildlife Nauset Beach Refuge Fairhaven Chilmark West Island Beach Black Point Pond Quanames Cove Falmouth Washburn Island Beach Chilmark Pond Stonewall Beach Eel Pond Beach Bourne Pond Chilmork/Gay Head Green Pond Squibnocket Pond Beaches Great Pond Little Pond Cohasset Falmouth Inner Harbor A; Sandy Beach Falmouth Beach Quissett Beach -4 Dartmouth Sq. Barekheed Rocks Beach Nobska Bea 'ch Round Hill Reservation Gunning Point Illustration 14: Aerial view of barrier beach at Nauset, Massachusetts Salters Pond Beach Sippewisset Beach Cow Yard Beaches Lt. Sippewisset Marsh Creek Beach Identification Barrier beaches are found in many areas along Georges Pond Black Beach the Massachusetts coastline. The following list includes many Little Beach Chappaquoit Beach of the barrier beaches or barrier islands in the Commonwealth. Herring Brook Spits Wild Harbor Beach 28 BARRIER BEACHES Silver Beach BARRIER BEACHES Section 29 Gay Head Nantucket Plymouth Wareham Lobsterville Beach (Menemsha Pond) West End Muskeget - Muskeget Saquish Neck Little Harbor Island Long Beach Long Beach Point Gloucester North Pond (Tuckernuck) White Horse Beach Coffins Beach East Pond (Tuckernuck) North Bayside Beach Wellfleet Wingaersheek Beach Eel Point Center Hill Pond The Gut - Jeremy Point Good Harbor Beach Capaum Pond Beach Ellisville Harbor - North and South Wellfleet/711ruro Harwich Reed Pond Beach Spits North and South Bound Brook Red River Beach (town beach) Coatue Quincy Island Saquatucket Harbor Beach Quaise Point Quincy Memorial Beach Westport Wychmere Harbor Beach Folger's Marsh Allen Harbor Abram's Point Revere East Horseneck Herring River Pimneys Point Revere Beach Horseneck Great Point - Wauwinet Cockeast Pond Hull Sesachacha Pond Rockport Richmond Pond Nantasket Beach Tom Nevers Pond Pebbly Beach Crescent Beach Miacomet Pond Cape Hedge Beach West Tisbury Cisco Beach Long Beach Lambert's Cove Ipswich Long Pond Watcha Pond Clark Pond Salisbury Homer Pond Castle Neck/Crane Beach Newburyport/Newbury/Rowley/ Salisbury Long Cove Pond Manchester Ipswich Sandwich West Tisbury/Chilmark Black Beach Plum Island Town Beach Tisbury Great Pond White Beach Oak Bluffs Spring Hill Beach - East Sandwich Crystal Lake Scorton Shores Beach Winthrop Marion Oak Bluffs Harbor Yirrell Beach Planting Island Farm Pond Scituate Minot Beach Yarmouth Marshfield Oak Bluffs/Edgartown North Scituate Beach Great Island Beach Sunrise Beach Sengekontaket Mann Hill Beach Mill Creek Brant Rock First and Second Cliff Beaches Parkers River Mashpee Orleans Peggotty Beach Sea Gull Beach Popponesset Beach Little Namskaket Creek - East and North River - North Spit and East Spit Flat Pond Beach West Spits Humarock Beach South Cape Beach Provincetown Tisbury Mattapoisett Long Point - Wood End Lake Tashmoo Spits Pine Island Beach (both sides) Race Point Mink Meadows Hatches Harbor - South Spit Eel Pond Beach Head of the Meadow Beach Tisbury/Oak Bluffs Mattapoisett River Spit Lagoon Bridge Beach Truro Pamet River - North and South Spits Little Pamet River Pilgrim Beach (Beach Point) BARRIER BEACHES 29 BARRIER BEACHES Section 29 Since barrier beaches are complexes of coastal dunes, Resource Functions and Critical Characteristics coastal beaches, and occasionally other coastal Resource Areas Physical Processes Barrier beaches play an important role such as salt marshes, the boundaries of a barrier beach are the in storm damage prevention and flood control. The seaward edge of the outer coastal beach and the landward edge characteristics of barrier beaches which are critical to these two of the inner coastal dune or the inner coastal beach. On the interests are the volume and form of the coastal beaches and oceanside, a barrier beach generally starts at the mean low coastal dunes, and their ability to respond to wave action and water line, and includes, progressing landward, all areas storm wave overwash. defined as coastal beaches and coastal dunes and any fresh or The concepts discussed in the sections on coastal beaches salt marshes which may be present within the complex. Barrier and coastal dunes apply to barrier beaches as well. In addition, beaches end on the landward side at the mean low water line if barrier beaches move landward when sediment is carried across the embayment is tidally influenced, or, if not, at the landward to the backside of barrier beaches by storm overwash surges edge of the coastal dune or coastal beach. This forms deposits known as "washover fans" which may It is important to know whether a complex of Resource develop into coastal dunes. Tidal inlets widen barrier beaches Areas is to be considered a barrier beach because the by means of the deposition of sand aprons or flood tidal deltas Regulations state that all coastal dunes located within a barrier on the landward side of the barrier beach. beach, and not just those closest to the ocean, are presumed to be significant to storm damage prevention and flood control. m Biological Processes Barrier beaches also play an important role in the protection of marine fisheries. The characteristics of barrier beaches which make them critical to this interest are the same as those discussed in the tidal flats section. m Dunes Mean High reST Th!Ck t )W rasifands -Be aMdrsh,. Ove rwash Fan x ............ sand.U@. F1 t ....... .......... .......... 4 Peat Overwash 'Dune Bedding Layers Adopted from Oceanus, Vol. 19 No. 5, p. 29. Illustration 16: Various elements of a typical barrier beach. Note that not all Illustration 15: Homes on barrier beach susceptible to storm damage elements are necessarily present on any one barrier beach. 30 BARRIER BEACHES COASTAL BANKS Section 30 The Regulations define Coastal Banks as follows: C&IS Section 30(2) "Coastal Bank" means the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal Ce Ofb action, or other wetland. Go 1'@ cut Y 14/c/V" Coastal banks are those elevated land forms landward of coastal beaches, salt marshes, land under a salt pond, or rocky x intertidal shores which are not coastal dunes. A coastal bank 0G@ rorr@ fC/E)rjVeC,:: A4 may also be behind a coastal dune, but usually the dune e0r) 49, k gradually becomes upland with no discernable bank. A4 1r)e Illustration 17 shows a classic coastal bank in North Truro, ro ........... .... Massachusetts. Illustration 18: Coastal bank cross section sediment, but it is nevertheless a coastal bank. Note that sometimes a salt marsh is bounded by a freshwater marsh, so that there is no coastal bank or coastal dune behind it. Z, A The coastal bank begins where the other coastal wetland 7: ends, usually at the toe of the coastal bank slope. Al The landward boundary is the top of, or the first major break in, the face of the coastal bank. Both the seaward and landward boundary of coastal banks are readily identified by the use of topographic maps such as the U.S.G.S. topographic quadrangles. Illustration 19 is a Illustration 17: Aerial view of coastal bank in North T)ruro section of the North Truro quadrangle showing the coastal bank pictured in the preceding photograph. The U.S.G.S. sur- Identification Illustration 18 shows the relationship of coastal ficial geologic maps are very useful in distinguishing a coastal banks to other shoreline features. bank from a coastal dune landform. Most of the coastal banks If the landform. behind a coastal beach, salt marsh, land in Massachusetts are glacial landforms such as glacial under a salt pond or rocky intertidal shore, is elevated and does drumlins, ground moraines or deposits or glacial outwash. For not fit the definition of a coastal dune, it is a coastal bank. It those areas where these maps are available, they are the most may be steep or gently sloping, it may be rock or fairly loose useful information for determining the boundaries of a coastal bank. w COASTAL BANKS 31 I COASTAL BANKS Section 30 Any particular coastal bank may serve either or both of these functions - they are not mutually exclusive. It is C7 a 0 RTH TRUR important to identify which functions a particular bank serves, I FORCES ON since this identification will determine how it should be treated by the applicant and the conservation commission. A coastal bank composed of consolidated material is not 12 providing sediment to coastal beaches, coastal dunes or land V under the ocean. But one consisting of unconsolidated sediment which is exposed to the open sea along a generally straight" shoreline with adjacent coastal beaches is likely to Mq be a significant sediment source because it erodes. Such coastal banks may be found along the shores of Massachusetts Bay, Cape Cod Bay, Nantucket Sound, Vineyard Sound and Buzzards Bay. 00 Coastal banks of unconsolidated sediment which are n P. B protected from vigorous wave action and which are not fronted A 6 by coastal beaches are not likely to be sources of sediment. Such coastal banks are commonly found along the margins of owe salt marshes, salt ponds or rocky intertidal shores. m ISO 15 Illustration 19: Section of North Truro, Massachusetts topo sheet Resource Functions and Critical Characteristics Physical Processes - Coastal Banks - Coastal banks play an important role in storm damage prevention and flood control. The characteristics which make them important to these two interests are: 0 An ability to erode in response to wave action, which allows coastal banks to supply sediment to coastal beaches, coastal dunes, barrier beaches and land under the ocean. m A natural resistance to erosion caused by wind and rain A.- runoff, which allows coastal banks to act as a vertical buffer to storm waters and waves. Illustration 20: Close up photo of a coastal bank 32 COASTAL BANKS COASTAL BANKS Section 30 Bank erosion is an important source of beach sand where the coastal banks face the open sea, consist of unconsolidated sands or weakly cemented formations high in sand content, and are subject to erosion by vigorous wave action. Such cliffs often erode at rates of one or more feet per year. The cliffs of outer Cape Cod, for example, have been found to retreat at an average rate of 2.6 feet per year. The erosion of the sea cliffs provides a great deal of the sediment which makes up the coastal beaches, coastal dunes and barrier beaches of the east coast of Cape Cod. If the erosion of these cliffs was stopped, the beaches would eventually disappear. Other examples include the cliffs along the Cape Cod Bay shore of Eastham which have provided sediment to the Eastham beaches and barrier spits, and Sandy Neck in Barnstable which was formed by the deposition of material eroded by wave action from the exposed banks of local glacial deposits. While erosion caused by wave action is an integral part of shoreline processes, the erosion by wind and rain runoff of the coastal bank, which plays a minor role in beach nourishment, should not be increased unnecessarily. Disturbances to coastal banks which undermine their natural resistance to wind and rain erosion increase the risk of their collapse and cause cuts in the banks. This increases the danger to structures at the top of the coastal bank and reducing the bank's ability to buffer upland areas from coastal storms. Vegetation tends to stabilize the bank and reduce the rate of erosion due to wind and rain runoff. m COASTAL BANKS 33 ROCKY INTERTIDAL SHORES Section 31 The Regulations define Rocky Intertidal Shores as follows: e@t 25 @@ach Section 31(2) "Rocky Intertidal Shores" means naturally occurring rocky areas, such as bedrock or boulder-strewn areas between the mean high water line and the mean low water line." /9 0 0 Amdftp 8 Illustration 22: Boulder beach symbol on topo sheet 23 Univ o Davi M t Ne 22 Illustration 21: Bedrock rocky intertidal shore /6 0 Wentification Illustrations 22 and 23 show sections of the W wa IN U.S.G.S. topographic maps illustrating the Survey's symbol Annisquam ightho@s /0 oast Gu a for rocky shorelines. The star-like symbol illustrates rocky beaches composed of boulders, while the other symbol usually 65 indicates more vertical exposures of bedrock that comprise rocky intertidal shores. U.S.G.S. surficial geologic maps, r\ where they are available, are the best sources of information to Illustration 23: Bedrock shore symbol on topo sheet aid in identifying a rocky intertidal shore. 34 ROCKY INTERTIDAL ROCKY INTERTIDAL SHORES Section 31 Because the seaward and landward boundaries of this Biological Processes Rocky intertidal shores also play an Resource Area are defined by the mean low water and mean important role in the protection of marine fisheries and land high water lines respectively, the exact locations can be containing shellfish. They are restricted environments to which identified only by determining the elevation of mean high and a variety of plants and animals are specially adapted. Marine mean low water for the site on which the activity is proposed organisms are often found on exposed surfaces of the and then transferring these elevations to an accurate substrate, since burrowing, a common protection mechanism topographic map of the site. The nautical charts published by of sand dwellers, is not generally possible on the rocks. NOAA referred to in the section on "Land Under the Ocean," Exposure to air in this intertidal environment is therefore a are one source of mean low and high water elevation. more controlling factor in distribution and abundance of When the applicant must supply topographic mapping for marine organisms than in other intertidal habitats. areas between the mean high and mean low water lines, it The communities of the rocky intertidal shores are should be accurate to tenths of feet, especially where the rocky dominated by crustaceans (decapods and cirripedes), molluscs intertidal shore is of the more gently sloping type. m (bivalves and gastropods, such as snails and mussels), and macroscopic algae that may be used directly as a food. The algae mats of rocky shores produce detritus and nutrients Resource Functions and Critical Characteristics which fertilize the coastal ecosystem. Physical Processes Rocky intertidal shores play an important The characteristics of rocky intertidal shores that are role in storm damage prevention and flood control. In much important to the protection of marine fisheries or land the same manner as coastal beaches act, the sloping shore containing shellfish are water circulation and water quality. and/or the boulders dissipate wave energy and serve as natural The discussion of water circulation and water quality in the buffers from the sea for the land behind the rocky intertidal section on land under the ocean applies to rocky intertidal shores. shores as well. m IRISH MOSS SMOOTH PERIWINKLE ROCKWEED High Tide ''I 01@41 KNOTTED WRACK UUMMON PERIWINKLE .7 BLUE MUSSEL ------ DOG WELK ROCK BARNACLES Low Tide ROCK CRAB ROCKY I NTERTJ DAL 35 Illustration 24: A section of rocky intertidal shore SALT MARSHES Section 32 The Regulations define Salt Marsh as follows: Identification Salt marshes are usually located adjacent to Section 32(2)(a) "Salt Marsh" means a coastal wetland that tidal waters. They may also be located, however, in areas where extends landward up to the highest high tide line, that is, the saline soil conditions are caused by storm overwash, as in the highest spring tide of the year, and is characterized by plants case of salt ponds or entrapped marshes within a barrier beach that are well adapted to, or prefer living in, saline soils. or barrier island. Dominant plants within salt marshes are salt meadow cord Salt marshes are flat, open areas characterized by grasses grass (Spartina patens) and/or salt marsh cord grass (Spartina that are bordered by upland vegetation. The vegetation of a alterniflora). A salt marsh may contain tidal creeks, ditches salt marsh is noticeably different from the surrounding upland. and pools. In some cases, the transition from the salt marsh is gradual, Section 32(2)(b) "Spring Tide" means the tide of the greatest particularly when the salt marsh grades into a freshwater amplitude during the approximately 14-day tidal cycle. It marsh. The boundaries of salt marshes must be determined on occurs at or near the time when the gravitational forces of the the basis of vegetation. They do not always follow a contour sun and the moon are in phase (new and full moons). line. The following plant list indicates which plants should and Illustration 25 is a typical salt marsh. Spartina alterniflora should not be used to identify salt marshes. is shown adjacent to the tidal creeks. The Spartina patens is shown just landward of the S. alterniflora. Common salt marsh plants that will be used as indicator species of a salt marsh: Salt Marsh Cord Grass, Spartina alterniflora Salt Meadow Grass, Spartina patens Spikegrass, Distichlis spicata Blackgrass, Juncus gerardi Marsh elder, Ivafrutescens Glass worts, Salicornia sp. Sea Lavender, Limonium carolinanum Sea Blite, Suaeda maritima Spearscale, A triplex sp. Salt Marsh Aster, Aster maritima Little sea-pink, Sabatia stellaris Plants that will not be used as salt marsh indicator species are: Cattails, 7_@pha sp. Reedgrass, Phragmites communis Prairie cordgrass, Spartinapectinata Big cordgrass, Spartina cynosuroides Softstem bulrush, Scirpus validas Illustration 25: Typical salt marsh Illustration 26 shows a cross section of a salt marsh. 36 SALT MARSHES SALT MARSHES Section 32 Phragmites Gulls or Common Reed Cattail .Boyb y A@P:irrn Ivy Black Grass Spartina Alterniflora 9 Spartina Patens HIGHEST SPRING TIDE OF THE YEAR - - - - - - - - - - - - n. MEAN HIGH TIDE . . ... Pe Inkles 11 . . . ..... I ... . ... ... . Tidal Creeks, Ditches, and Pools Green Crab Ribbed Clams Killfish ktal@ MEAN Fiddler Crab Mussels LOW TIDE Blue Mussels High Marsh I Low Marsh Oysters Eel Grass FRESH I TIDAL LAND UNDER UPLAND MARSH SALT MARSH FLAT THE OCEAN I Illustration 26: Cross section of a salt marsh If in doubt about where the landward boundary of the salt stantially surrounded by salt marsh vegetation. marsh lies, a good guide is to determine where a significant Larger streams and rivers that flow through areas of salt percentage of the plants are salt tolerant. "Significant percent- marsh vegetation are not part of the salt marsh if they contain age" means greater than fifty percent. If by actual count of water at mean low water. plants or by percent of ground coverage of a 1 meter square One final note is that if isolated "salt pools" or "salt- plot, the number of plants or percent of ground coverage of pannes" (areas with little or no vegetation) are located within species listed above is greater than fifty percent, the area is to salt marshes, then these areas are to be considered salt marshes be considered a salt marsh. Conversely, if the number is less even if they do not contain typical salt marsh vegetation. m than fifty percent, the area shall not be considered salt marsh, and the boundary can probably be located more seaward of the area where the count was made. Resource Functions and Critical Characteristics C Drainage ditches and creeks are also likely to be found in Physical Processes Salt marshes play an important role in salt marshes. Even though the ditches and creeks do not storm damage prevention and groundwater supply. Salt marsh contain salt marsh vegetation, they are to be considered as part cordgrass and underlying peat are resistant to erosion and of the salt marsh by definition if: (1) they are substantially dissipate wave energy, thereby providing a buffer that reduces drained at mean low water level, and (2) they are within or sub- wave damage. SALT MARSHES 37 SALT MARSHES Section 32 The peat and fine sediment material that underlie a salt (a) the growth, composition and distribution of salt marsh marsh function as a barrier between the fresh groundwater that vegetation, and (b) the flow and level of tidal and fresh water. is found landward of the salt marsh and the ocean. This It is the growth, composition and distribution of the plants relatively impervious layer of peat acts essentially as a dam and in a salt marsh which determine how well it performs the thus serves to help maintain the level of fresh groundwater, or processes described above. the water table, in the adjacent upland areas. The destruction Either the destruction or the pollution of the salt marsh or removal of this peat layer could create a drainage conduit system will reduce or eliminate its productivity and subsequent for groundwater which would lower the nearby water table. contribution to the marine food chain. The productivity of salt Biological Processes Salt marshes also play an important role marsh areas is extremely high. The total net production of salt in the protection of marine fisheries and land containing shell- marsh grasses may be as much as 3 times higher than the total fish. Salt marshes are extremely productive natural systems net production of a Missouri tall grass prairie. that export large volumes of organic material (detritus) to the The viability of the salt marsh is dependent upon adequate ocean and estuaries where the detritus supports extensive tidal flow and drainage. The tides redistribute nutrients and marine food chains. In the salt marsh system, inorganic sediments throughout the tidal marsh complex. Slight chemicals and sunlight are converted into plant tissue by salt alterations in tidal flow and drainage can dramatically alter tolerant grasses and a variety of algaes. The materials plant composition by altering the salinity and nutrient regimes produced by marsh photosynthesis may be used by consumers necessary for healthy plant growth. The export of detritus in the marsh or be flushed by tidal flow from the marsh as from the marshes also depends, in large part, upon tidal dissolved nutrients or detritus. The basis of the coastal marine activity. n food web is the phytoplankton organisms which depend, in part, on these nutrients for their productivity. Changes in the growth or species composition of phytoplankton will directly affect the remainder of the food web. The young stages of many organisms entering the fisheries pass through a planktonic stage during which the availability of phytoplanktonic food organisms is a controlling factor in their survival. The chemical characteristics of estuarine waters, particularly the levels of nutrients, dissolved oxygen and biological oxygen demand, are modified each time estuarine waters flush a salt marsh area. Salt marshes act to reduce pollution of the coastal zone by removing excess nutrients and heavy metals delivered by surface runoff from upland areas. The characteristics of salt marshes which are critical to the protection of marine fisheries and prevention of pollution are: 38 SALT MARSHES LAND UNDER SALT PONDS Section 33 The Regulations define salt Ponds as follows: Section 33(2) "Salt Pond" means a shallow enclosed or semi- Nantucket North Pond Tuckernuck enclosed body of saline water that may be partially or totally East Pond Tuckernuck restricted by barrier beach formation. Salt ponds may receive Sesachacha Pond Siasconset freshwater from small streams emptying into their upper Cockata Pond Great Point reaches and/or springs in the salt pond itself." Oak Bluffs Land under a salt pond is the surface of the earth beneath Farm Pond Edgartown the waters of a salt pond. West Tisbury James Pond Vineyard Haven Identification The Massachusetts Division of Marine Fisheries has identified many of the salt ponds within the coastal zone. These are listed below: Town/ Topographic The boundary of a salt pond is the bank of the pond or the Solt Pond Name Quadrangle landward edge of any wetland adjacent to the water. Chilmark Black Point Pond Tisbury Great Pond Resource Functions and Critical Characteristics Chilmark Pond Tisbury Great Pond Stonewall Pond Squibnocket Biological Process Salt ponds play an important role in the Chilmark/West Tisbury protection of marine fisheries and land containing shellfish Tisbury Great Pond Tisbury Great Pond Salt ponds are areas of high marine productivity that may Dartmouth function as nursery grounds for offshore fish, as well as Allen's Pond Westport, supporting resident populations of commercially important New Bedford South fish, molluscs and crustaceans. The abundance of these marine Edgartown organisms is dependent upon the primary production of Edgartown Great Pond Edgartown phytoplankton, algae and other plant communities that include Oyster Pond Tisbury Great Pond Pocha Pond Edgartown eel grass and Spartina alterniflora. The unique productivity of Falmouth salt ponds also depends upon the freshwater inflow and water Oyster Pond Woods Hole circulation that enhance the availability of the essential Salt Pond Woods Hole nutrients required for plant growth. Little Pond Falmouth The characteristics of land under a salt pond which are Gosniod significant to the protection of marine fisheries are water Quicks Hold Pond Cuttyhunk quality, water circulation and freshwater inflow. Mattspoisett The discussion of water quality and water circulation c Eel Pond Marion tained in the section on land under the ocean applies to Ian under salt ponds as well. LAN SALT PONDS Section 33 The inflow of freshwater into the salt pond is essential because it is a source of nutrients and it maintains the salinity regime of the salt pond environment. In salt ponds with ocean inlets, the freshwater inflow produces a mass, or head, of freshwater pushing seaward which helps keep the barrier inlet open. The dilution caused by freshwater inflow also creates a density difference within the water column of the salt pond. A two-layered system results in which the less dense freshwater flows seaward at the surface and denser salt water from offshore flows in along the bottom. The effect of this hydrological mechanism is to concentrate both nutrients and organisms within the salt ponds. a 40 LAND UNDER SALT PONDS LAND CONTAINING SHELLFISH Section 34 The Regulations define Land Containing Shellfish as follows: Section 34(2)(a) "Land containing shellfish" means land under the ocean, tidal fiats, rocky intertidal shores, salt marshes and land under salt ponds when any such land contains shellfish. Section 34(2)(b) "Shellfish" means the following species: Bay scallop (Argopecten irradians); Blue mussel (Mytilus edulis); Ocean quahaug (Arctica islandica); Oyster (Crassostrea virginica); Quahaug (Mercenaria mercenaria); Razor clam (Enis directus); Sea clam (Spisula solidissima); Sea scallop (Placopecten magellanicus); Soft shell clam (Mya arenaria). Land containing shellfish differs from the other Resource 7 Areas in that it is both an interest to be protected by the Act and a Resource Area. Land containing shellfish should be treated as an "overlay Resource Area" that is, wherever a Illustration 27: Shellfish harvesting operation "significant" shellfish area exists, as defined below, on land Conservation commissions should encourage shellfish under the ocean, the tidal flats portion of coastal beaches, constables to prepare maps and documentation indicating the rocky intertidal shores, salt marshes or land under salt ponds, existence of non-DMF mapped shellfish areas, if any. These the performance standards contained in Sections 34(4), 34(5), maps, together with any DMF maps, should then be made 34(6), and 34(7) of the regulations shall be applied in addition available to applicants who may be proposing work in or near to the performance standards established for the underlying them. Resource Area. If there is a conflict, the more restrictive It should be noted however, that in order for the map to performance standard shall apply. apply to the site of a particular project, it need not exist at the Land containing shellfish, such as that shown in time a Notice of Intent is filed. A map accompanied by Illustration 27, is defined by Section 34(3) to be significant adequate documentation may be presented by the shellfish when it has been identified and mapped as follows: constable at the public hearing. The conservation commission Regulation 34(3)(a) "by the conservation commission or the can accept a map at the hearing because the Act states that the Department in consultation with the Department of Marine very purpose of the public hearing is to accept evidence Fisheries and based upon maps and designations of the concerning the significance of the site to the seven interests of Department of Marine Fisheries, or the Act. However, it is advantageous for all concerned parties Regulation 34(3)(b) "by the conservation commission or the to have maps available before a project is proposed. If Department, based upon maps and written documentation of accepted by the conservation commission, or the Department the shellfish constable or the Department. In making such identification and maps, the following factors shall be taken on appeal, the map will be used to establish the existence of a into account and documented: the density of shellfish, the size significant shellfish area. of the area and the historical and current importance of the On appeal, the Department may submit its own shellfish area to recreational or commercial shellfishing." map to establish significance, which may be different from the one submitted by the shellfish constable. LAND CONTAINING SHELLFISH 41 LAND CONTAINING SHELLFISH Section 34 Identification The location of land containing shellfish within Shellfish: shellfish are an important commercial, recreational any of the applicable Resource Areas may be determined by and ecological resource in Massachusetts. As a food source, consultation with the city or town's shellfish constable* or by shellfish are important to man because they are high in protein consultation with the Commonwealth's Division of Marine and produced in a relatively short period of time. Fisheries. The ecological value of shellfish resources is less obvious, Both sources will usually have maps available showing the but no less significant. As consumers, shellfish are a link location of general shellfish areas or of specific, highly between the abundant phytoplankton and other resource productive shellfish sites, known as "shellfish beds." important segments of the coastal ecosystem. As producers, Conservation commissions should keep copies of these maps, shellfish may be viewed in two ways. First, adult shellfish as well as a copy of the map prepared by the CZM Office represent a valuable resource to man and to the members of the showing the general locations of all Massachusetts shellfish marine ecosystem which feed directly or indirectly on them. beds. Whatever source is used, it must indicate the species of Second, the planktonic stages of shellfish which are produced shellfish found within the area because only those shellfish in extraordinary quantities during the spring and summer species listed in the definition quoted above qualify an areas as months in the coastal waters represent a significant source of land containing shellfish. food for the young life stages of marine fish and crustaceans The Division of Marine Fisheries has available for important to commercial and recreational fisheries. Therefore, inspection such maps at the following location: the maintenance of naturally productive shellfish beds plays a Division of Marine Fisheries direct role in maintaining fish stocks by supplying food to the 100 Cambridge Street young of commercially important fishes. Boston, Massachusetts 02202 (617) 727-3193 Water quality: the quality of water over land containing shellfish is affected by alterations in salinity, dissolved oxygen, *Shellfish constable means the official in a city or town, nutrients, turbidity, temperature and the addition of whether designated a constable, warden, natural resources pollutants. These physical and chemical characteristics officer, or by some other name, in charge of enforcing the influence shellfish in a number of ways, including growth, laws regulating the harvest of shellfish. (Regulation 34(2)(c)) 0 reproduction and mortality. For example, various shellfish species have particular salinity requirements. A salinity range of approximately 5-8 parts per thousand is the critical salinity Resource Functions and Critical Characteristics boundary between fresh water and marine faunas. Below this Biological Processes Land containing shellfish plays an level of salinity, even the most hardy of marine organisms important role in the protection of marine fisheries and cannot survive because a number of vital physiological shellfish areas. The characteristics of land containing processes are impaired. shellfish which make it important to these interests of the Act The other aspects of water quality listed above have been are: (a) shellfish, (b) water quality, (c) water circulation and (d) discussed in the section on land under the ocean. The same the natural relief, elevation and distribution of sediment grain general concepts apply to land containing shellfish as well. size of such land. 42 LAND CONTAINING SHELLFISH LAND CONTAINING SHELLFISH Section 34 Water circulation over land containing shellfish: water circulation patterns help maintain the temperature, dissolved oxygen, and salinity levels of waters over land containing shellfish, thereby helping to maintain conditions needed for productive shellfish beds. Water currents also supply nutrients and disperse pollutants. The natural relief, elevation and distribution of sediment grain size of land containing shellfish: bivalves which burrow into the sediments have specific depth and grain size requirements. The size of sediment grains has three general effects on shellfish populations. First, the young of various species prefer specific particle sizes in which to burrow. The success of adult shellfish, therefore, depends on the availability of the specific particle size needed by the young. Second, the young larval stages respond to the microstructure of the sediment surface and will not settle successfully if particle size or texture is not suitable. Further, the success of larvae which have settled and are undergoing metamorphosis may be affected by the compaction of the surface layer of sediments. This compaction depends, in part, on particle size and shape. Third, the oxygen tension in the water within the sediments is partially a reflec- tion of water circulation. This, in turn, is a function of the particle size and compaction. Oxygen tension in interstitial water affects the mortality rate of newly settled larvae. m LAND CONTAINING SHELLFISH 43 FISH RUNS Section 35 The Regulations define Fish Runs as follows: policy that the remainder of the fish runs outside the coastal Section 35(2)(a) "Anadromous Fish" means fish that enter zone shall be given the same level of protection as those fresh water from the ocean to spawn, such as alewives, shad within the coastal zone. and salmon. Identification The Division of Marine Fisheries and the Section 35(2)(b) "Catadromous Fish" means fish that enter Division of Fisheries and Wildlife have identified the location salt water from fresh water to spawn, such as eels. of all presently known anadromous and catadromous fish runs within the Commonwealth's coastal zone. Fish runs Section 35(2)(c) "Anadromous/Catadromous Fish Run" include all the area within the natural banks of the particular means that area within estuaries, ponds, streams, creeks, watercourse. The seaward boundary of a fish run can usually rivers, lakes or coastal waters, which is a spawning or be considered the mouth of the creek, river or stream. It does feeding ground or passageway for anadromous or catadrom- not include water bodies such as sounds, embayments or bays. ous fish and which is identified by DMF or has been mapped on the Coastal Atlas of the Coastal Zone Management The following rivers and streams are listed in the order in Program. Such fish runs shall include those areas which have which the Division of Marine Fisheries surveyed them historically served as fish runs and are either being restored between 1967 and 1970. The list begins at the Rhode Island- or are planned to be restored at the time the Notice of Intent Massachusetts boundary on Narragansett Bay and follows is filed. For the purposes of these regulations, such fish runs the coastline to the New Hampshire border. Anadromous fish shall extend inland no further than the inland boundary of runs on Martha's Vineyard and Nantucket appear at the end the coastal zone. of this list. Information is available for only certain A fish run is an "overlay" Resource Area: that is, anadromous species. However, in general streams or rivers wherever a fish run exists in an estuary or other coastal that presently support an identified fish run will also support waters, the performance standards contained in Sections other, but not specifically identified anadromous/catadrom- 35(3) and 35(4) shall be applied in addition to the ous fish. Streams or rivers that do not support identified fish performance standards established for the underlying runs are most likely unsuitable for any anadromous/cata- Resource Area. If there is a conflict, the more restrictive per- dromous fish because of severe pollution and/or barriers formance standard shall apply. to migration. Likewise, performance standards for fish runs in fresh- water ponds, creeks, rivers or lakes are in addition to other The code that identifies the various species of project considerations relating to flood control, storm anadromous fish in this list is as follows: damage prevention, groundwater supply, prevention of pollu- A - alewife tion, or public or private water supply, as appropriate. B - blueblack herring Fish runs include the spawning and nursery areas as well BT - brook trout as the actual passageway in which the fish migrate. RS - rainbow smelt "Planned to be restored" means that a public agency has S - shad a specific proposal to restore a fish run. W - white perch Note: Although Section 35 applies upstream only as far as the inland boundary of the coastal zone, it is Department 44 FISH RUNS FISH RUNS Section 35 Spawning Area if in Mattapoisett Town/River Species Coastal Zone Mattapoisett River A Seekonk Wareham, Marion Runnins River A,B,S Old Grist Mill Pond Weweantic River RS, A Horseshore Pond and the Rehoboth river immediately below the Palmer River A, S, RS Shad Factory Pond pond Rocky Run A, B, RS Rocky Run Wareham Swansea Sippican River A Kickamuit River A "Lower portion" of Agawam River A, RS Smelt spawning area just Kickamuit River below Mill Pond Coles River A Milford Pond Wankinco River A Parker Mills Pond Red Brook A, BT White Island Pond Berkley Gibbs Brook A Dicks Pond Dighton Somer- Bourne set, Fall River, Herring River A Little Herring Pond Freetown A, S Taunton River Falmouth Freetown A, RS Assonet River Wild Harbor River A Dam Pond Herring Brook A, BT Wings Pond Freetown Salt Pond A Salt Pond Rattlesnake Brook A, RS Rattlesnake Brook Siders Pond A Shivericks Pond Dighton Little Pond A Little Pond Segreganset River A, RS Immediately below first Coonamesset River A, BT Coonamesset Pond obstruction in Segreganset Mill Pond A Mill Pond River Childs River A, BT Impoundment at Old Mill Three Mile River A Immediately below first Rd. obstruction in Three Mile Quashnet River A, BT Quashnet River at base of River first dam Westport Mashpee Richmond Pond A Richmond Pond Mashpee River A, BT Mashpee Pond/Wakeby Cockeast Pond A Cockeast Pond Pond Westport River Santuit River A, BT Santuit Pond West branch A Rushy Marsh Pond A Rushy Marsh Pond East branch A East Branch Barnstable Angeline Brook BT Marstons Mill River A, BT Middle Pond, Mystic Lake Dunham Brook BT Centerville River A Bearse Pond, Wequaquet Dartmouth Lake, Lake Elizabeth Slocums River A, RS Destruction Brook and the Hall Creek A Simmons Pond River Immediately below Yarmouth Russell's Mill Dam Mill Creek A Mill Pond, Little Sandy New Bedford, Pond Fairhaven Parkers River A Long Pond Acushnet River A Acushnet Sawmill Pond FISH RUNS 45 FISH RUNS Section 35 Spawning Area if in Sandwich Town / River Species Coastal Zone Scorton Creek BT, RT Coek Creek BT, RT Yarmouth, Dennis Barnstable Bass River A Mill Pond Boat Cove Creek A, BT, RT Mill Pond Dennis Sandwich Swan Pond River A Swan Pond Mill Creek A, BT, RT Lower Shawme Lake Harwich Plymouth Herring River A Seymour Pond, Black Little Herring Pond A Little Herring Pond Pond, Long Pond, Green- Beaverdam Brook A, T Bartlett Pond lough Pond Ee.1 River A, BT Russell Mill Pond Harwich, Chatham Town Brook A, RS Billington Sea Red River A Skinequit Pond Kingston Chatham Jones River A, RS, S Russell Pond - smelt Frostfish Creek A Frostfish Creek spawn below the first dam impoundment Smelt Brook RS Smelt Brook Stillwater Pond, Duxbury Lovers Lake A Stillwater Pond, Island Creek A, RS Island Creek Pond Lovers Lake Marshfield Harwich, Orleans South River A, S, RS South River Muddy Creek A Muddy Creek Littles Creek BT Orleans Scituate Pilgrim Lake A Pilgrim Lake North River 'fturo First Herring Brook A Old Oaken Bucket Pond Pilgrim Lake A Pilgrim Lake Herring Brook A Oldham Pond, Furnace Pamet River BT Indian Head River A, S, RS Pond Wellfleet Herring River A Gull Pond Cohasset, Scituate Eastham Bound Brook A Lily Pond Herring Brook A Great Pond Hingham Eastham, Orleans Weir River A Triphammer Pond Rock Harbor Creek A Cedar Pond Broad Cove RS Unnamed stream drains into cove Brewster HinghamWeymouth Stony Brook A Lower Mill Pond, Upper Back River A, RS Whitman Pond Mill Pond, Walkers Pond Brewster, Dennis Weymouth, Brain- Quivett Creek A Unnamed pond tree, Quincy Weymouth Fore Marshfield River RS Weymouth Fore River Little Creek BT 46 FISH RUNS FISH RUNS Section 35 Spawning Area if in Newbury Town/River Species Coastal Zone Little River RS Little River Cart Creek RS Smelt spawn in an area sev- Braintree eral hundred yds. upstream Smelt Brook RS Smelt Brook of Orchard St. bridge in Quincy Div. of Fish & Wildlife Town River RS Town River Mgmt. area Furnace Brook RS Furnace Brook Salisbury (Blacks Creek) Merrimack River A, RS, S, B Quincy, Boston Tisbury, Oak Bluffs Neponset River RS Base of first dam Lagoon Pond A Headwater pond above Boston Lagoon Pond Charles River A, RS, S Charles River between Oak Bluffs Charles River dam and Farm Pond A Farm Pond Watertown dam Edgartown Chelsea, Everett Trapps Pond A Trapps Pond Mystic River A Mattakessett A Edgartown Great Pond Saugus,Lynn Herring Brook Saugus River A oyster Pond A Oyster Pond Beverly, Manchester Chilmark Chubb Creek RS Chubb Creek Black Point Pond A Black Point Pond Gloucester Chilmark Pond A Chilmark Pond Little River RS, A Lily Pond; smelt spawn in Chilmark, Gay Head the Little River near Route Gay Head Herring 133 Creek A Squibnocket Pond Essex West Tisbury Essex River RS, A Chebacco Lake; smelt James Pond A James Pond spawn in River near center Nantucket of Essex Hither Creek A Long Pond Ipswich Ipswich River RS, A Ipswich River Rowley River RS, A Rowley River Rowley, Newbury Mill River RS Smelt spawn in an area extending from dam down- stream 2/3 of a mile Newbury Parker River RS, A, B, W Blueback herring, smelt spawn in an area extending 200 yds. below the first dam FISH RUNS 47 FISH RUNS Section 35 Resource Functions and Critical Characteristics The characteristics of fish runs which make them important to marine fisheries are the (a) fish, (b) accessibility Biological Processes Fish runs play an important role in of spawning areas and migratory routes, (c) the volume or the protection of marine fisheries. Anadromous fish are rate of the flow of water within spawning areas and species of fish that grow to maturity in the ocean and migratory routes, and (d) spawning and nursery areas. migrate to freshwater to spawn. Catadromous fish spawn in Fish: In addition to their commercial and recreational the ocean but return to freshwater to grow to the adult stage. importance, these fish are of ecological significance to the Anadromous fish that spawn in Massachusetts include the freshwater, estuarine and marine environments. During their sea lamprey (Petromyzon marinus), shortnose sturgeon early life stages, these fish eat plankton. As they grow, these (Acipenser brevirostrum), Atlantic sturgeon (Acipenser same fish may be consumed by larger fish or directly by oxyrhynchus), alewife (Alosa pseudoharengus), rainbow man. Their unique spawning migrations are of added signifi- smelt (Osmerus mordax), brook trout (Salvelinusfontinalis), cance because they permit the direct transfer of energy from Atlantic salmon (Salmo salar), and white perch (Morone the marine food web to estuarine, freshwater and terrestrial americana). The only catadromous fish found in Massachu- ecosystems. setts is the American eel (Anquilla rostrata). Accessibility of spawning areas and migratory routes: Only those creeks, ponds, lakes, rivers and streams which have an unimpeded connection to the sea may serve as a spawning area for anadromous fish. These same water courses may provide a migration route for catadromous fish. Pollution or dams without fish ladders are barriers to spawning migrations and are the primary factors for the demise of many anadromous/catadromous fish runs. The volume or rate of the water flow within spawning areas and migratory routes: The volume or rate of water flow within spawning areas is an important feature of these habitats. The water helps maintain the proper temperature, oxygen and nutrient balance, as well as prevent toxic accumulations of metabolic wastes. Adequate water depth and flow is also required as a behavioral stimulus for spawning. The migration routes of these fish are 1W characterized by both the volume and chemical constituents of the stream discharge, which often serves as sensory cues Illustration 28: Anadrornous fish run for the migratory fish to find the spawning areas. Sufficient stream flow is also required to enable fish to overcome stream obstructions such as falls or log jams. 48 FISH RUNS FISH RUNS Section 35 Spawning and nursery areas: In Massachusetts, spawning and nursery areas for anadromous fish include several diverse habitats such as stream riffles and shallow ponds or lakes. Each of these areas is characterized by certain physical, chemical, and biological factors. The volume and rate of flow of water is important as is the quality of the water. Fish in their early life stages are extremely vulnerable to fluctua- tions in their spawning or nursery environment. m FISH RUNS 49 CHAPTER 2 Regulated Coastal Activities Regulated Coastal Activities Introduction The Wetlands Protection Act names four general activities - c. Use of the "best practical measures" so as to minimize dredging, filling, removing and altering - which are adverse effects - the project must be located and designed regulated by the Act if proposed in or near a wetland. Part 11 using the best practical measures to minimize the adverse of the Regulations sets forth performance standards for these effects to the interest to which the Resource Area is significant. activities in coastal wetlands (except for those few types of Note: See Sections 23(2) and 23(3) of Part 11 of the activities exempted by the Act). These performance standards Regulations for the definitions of "adverse effect" and do not provide a step by step description of how to do the 44minimize." activity, such as how to build a pier or dredge a channel. 2. The specific characteristics of the Resource Area which Rather, they state the level of protection which must be given must be protected in order to protect the interest(s) to which to the Resource Area and what characteristics of the resource the Resource Area is significant. area must be protected when an activity is proposed. For example, Section 28(3) for coastal dunes states that The purpose of this chapter is to indicate what these 46any alteration ... on or within 100 feet of a coastal dune performance standards mean in terms of the location, design shall not have an adverse effect on the coastal dune by ..." and acceptability of specific types of activities which may be This is the first part of the performance standard - it sets proposed along the coast. the level of protection required - "no adverse effect." Specifically, this chapter: Section 28(3) goes on to state the second part of the 1. identifies and defines 15 common activities which are standard - it lists the characteristics of the dune which shall included in the general terms "dredging, filling, removal and not be adversely affected. altering," of the Act. The performance standards for the other resource areas 2. identifies the adverse impacts these 15 activities are follow the same format with only slight variations. likely to have on the interests of the Act. The activities or structures listed in Section A of this 3. indicates in which resource areas they are or are not chapter are all related to the regulated activities listed in the likely to be acceptable, and if they are likely to be Act. Most of them "alter" in one manner or another the acceptable, how the activity can be designed and conditioned critical characteristics of wetlands listed in each Resource Area to meet the performance standards. section of the regulations. Only activities that are most likely The performance standard for each resource area has two to be proposed along the Massachusetts coastline have been parts: included. 1. The level of protection required. The three levels used Many proposed projects will include two or more discrete in the Regulations are: types of activities. For example, roadways, boat launching a. "No adverse effect" - t 'he project must be located ramps, marinas, or subdivisions involve several activities, and designed so that there is no adverse effect to the interests such as dredging or removing, filling, grading, culverts, etc. to which the Resource Area is significant. These types of activities are called "complex activities" and b. Use of the "best available measures" so as to are discussed further on in this chapter. minimize adverse effects - the project must be located and designed using the best available measures to minimize the adverse effects to the interests to which the Resource Area is significant, and REGULATED COASTAL ACTIVITIES 52 HOW TO USE THIS CHAPTER How To Use This Chapter Step 2 - Identify Appropriate Measures for Acceptable Activities if an activity is "likely to be conditioned" or Once the applicant or the conservation commission has "may be conditioned in limited situations," the next step is identified the resource areas and the activities involved in a to turn to the section dealing with the particular activity, proposed project, the tables and charts in this chapter can be e.g., dredging. Then, within that section, turn to the used to determine how the activities should be designed and Resource Area in which the dredging is proposed, e.g., land conditioned to meet the performance standards. under the ocean. Step 1 - Determine Acceptability of Activity: The first The charts are divided into four columns. The first step is to refer to the short table, titled "Activity Accept- column identifies one or more of the seven interests to which ability Table," which appears after the definition of each the Resource Area is presumed to be significant, as stated in activity. This Table interprets the performance standards the Preamble in the Regulations. contained in Part 11 of the Regulations and indicates whether The second column very briefly identifies and summarizes or not the particular activity is likely to be acceptable in each how the activity may adversely affect the interest(s). of the eleven Resource Areas. The third column lists the general types of conditions The Tables show whether or not, given current state of which should be considered by the applicant and the art designs and methods to minimize or prevent adverse conservation commission when designing or conditioning the impacts to wetland characteristics, a particular activity can be activity. The level of protection required by the performance adequately designed so that it will meet the performance standard is incorporated into the suggested measures. The standards. The following notations are used: appropriate Regulation is cited at the top of the column. 1. A "likely to be conditioned" notation means that the The fourth column indicates the type of information that activity may be permitted provided certain conditions are is required to put the general condition listed in column 3 met. into practice. 2. A "may be conditioned in limited situations" notation Important Notes: means that, in general, the activity should not be proposed. or 1. Conservation commissions should not merely quote permitted, but that there are certain limited circumstances in from column 3 or 4 when writing an Order of Conditions. which the activity may be permitted. These columns give the general idea only; the Order must be 3. A "not likely to be acceptable" means that, given the adapted to the specific circumstances of the specific project current state of the art with regard to the design of the and location involved. specific activity, it is very unlikely that it can be designed to 2. All Notices of Intent, without exception, should meet the performance standards. include complete descriptions of the project, the equipment 4. An "unlikely to be proposed" notation means that the involved, and the construction schedule. All Orders of particular activity is not usually proposed to be located in the Conditions should include this information by reference. Resource Area. If it does happen to be proposed it must still 3. The notations on the acceptability tables are not regula- meet the performance standards. tions, but DEQE's interpretations of the regulations. CHAPTER USE 53 HOW TO USE THIS CHAPTER Complex Activities and drains creating a point discharge not ordinarily covered under the NPDES program. Many proposed projects will include more than one of the A launching ramp could include: dredging, dredged fifteen activities described in detail in Chapter Two. These material disposal, fill, grading and removal. projects are termed "complex activities" in this Guide. The It should also be noted that the effect of a launching design and review of these activities may be more compli- ramp on a beach or dune can be similar to a groin because it cated. Not only will each activity have to be identified and acts as a barrier to sediment transport. Launching ramps evaluated, the cumulative adverse effects of all the activities may also prohibit the exchange of sediments between a together will have to be identified and analyzed. The coastal beach and a coastal dune. measures to prevent or minimize these adverse effects will Buildings Residential, commercial, and industrial buildings have to be coordinated and be able to function together. The proposed in or adjacent to coastal wetlands may involve the applicant and the conservation commission should carefully following proposed activities: removal, fill, grading, seawall, review the proposed project from beginning to end - site revetment or bulkhead, boardwalks, stairs, or pathways preparation, construction, and ultimate use and maintenance. (access), piers, piles, dolphins, septic system, point source A description of several complex activities and the most pollution caused by drains not covered under the NPDES likely specific activities which will be involved, follows: program; roadways (access, parking lots) and culverts. Marina A marina may include nearly all of the fifteen They may also include one or more Resource Areas. The activities, depending upon how and where it is being plans should identify which Resource Areas will be affected proposed. A channel may have to be dredged and the by these activities. dredged material disposed of; a seawall or jetty may be proposed to protect the channel and the channel bank; piles Point Source Discharges In addition to the actual liquid dis- and piers will undoubtedly be needed for moorings; and there charge, the installation of a proposed point source discharge may be point sources of pollution. may include the following activities: dredging, filling, The applicant should clearly specify what Resource Areas grading, raking, piles or solid support system and a culvert. are involved at the site - probably land under the ocean, a It should be noted that the pipe which carries the coastal beach, and/or a coastal bank; and the type and discharge on a solid support system may have adverse location of the discrete activities needed to complete the effects similar to those of a groin on a beach or dune. proposed marina. The marina should be designed and located so that the Large and Small Projects performance standards in each Resource Area can be met by each proposed discrete activity. The charts usually do not distinguish between large and small The conservation commission should closely examine the projects and whether they should be considered differently. marina plans and be sure that all of the appropriate Resource There are several simple, common sense rules of thumb Areas and activities are included. however, which should be followed by both applicants and conservation commissions: Roads/Ramps Roadways will generally involve the following activities: fill, grading, seawalls if build near a coastal bank, 54 COMPLEX ACTIVITIES HOW TO USE THIS CHAPTER 1. The amount of information required to describe a project, the site, and the adverse effects, will vary according to the size and complexity of the project and site. For example, a proposal for a 100 slip marina involving several Resource Areas will require considerably more information than a proposal to dredge a channel for one small family boat. 2. On the other hand, a small project in a very sensitive area (such as in a shellfish bed or Area of Critical Environ- mental Concern) will require more information than one in a less sensitive area. 3. The information requirements for any project must be reasonable and should include full disclosure of all information needed to review and evaluate the effect of the project on the seven interests. They should be tailored to the proposal so that the activities, Resource Areas, and adverse effects, are completely described. LARGE AND SMALL PROJECTS 55 DREDGING Definition Dredging is the mechanical process of removing, excavating, or mining of sands, silts, muds or other sediments from land J under water. (Removal, as opposed to dredging, is generally used to describe removal of material from areas above mean high water, such as dunes). Note that for land under the ocean, the Regulations make the distinction between "improvement" dredging and 46 maintenance" dredging. J),LtL Also note that dredging is subject to regulation by the @ I I - 1, Department of Environmental Quality Engineering (DEQE) through its Divisions of Waterways (Ch. 91, MGL) and -x Water Pollution Control (Ch. 21, MGL), the U.S. Army Corp of Engineers (Waltham) and the U.S. Environmental Protection Agency (Boston). Illustration 30: Dredge and scow 40 .4 L Illustration 29: Dredging operation 56 DREDGING DREDGING Acceptability Activity Acceptability Table This table indicates in which Resource Areas dredging is or is not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 likely to be conditioned. Designated Port Areas Section 26 likely to be conditioned. Coastal Beaches Section 27 may be conditioned in limited situations. Coastal Dunes Section 28 unlikely to be proposed - see Removal. Barrier Beaches Section 29 may be conditioned in limited situations. Coastal Banks Section 30 unlikely to be proposed - see Removal. Rocky Intertidal Shores Section 31 likely to be conditioned. Salt Marshes Section 32 not likely to be acceptable: Sec. 32(3) states that no portion of a Salt Marsh may be destroyed. Land Under Salt Ponds Section 33 not likely to be acceptable: any dredging in a salt pond will have an adverse impact on marine fisheries habitat. Note exception in Sec. 33(4). Land Containing Shellfish Section 34 not likely to be acceptable in DMF mapped shellfish areas: dredging adversely effects such land and marine fisheries which is not permitted under 34(4). Note exception to this under 34(5). Likely to be conditioned in non-DMF mapped shellfish areas. Fish Runs Section 35 likely to be conditioned. DREDGING 57 DREDGING Section 25 Land Under the Ocean A. Improvement Dredging Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards. the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and w The deepening of the near-shore 1. Best available measures to meet Sec. 25(3)(a): flood control bottom may result in an increase a Minimize depth of dredging - no more than m Deepest draft vessel expected in the height of waves impacting necessary to accommodate the draft of the deep- m Mean low water elevation the shore. est draft vessel expected to use the harbor, at m Existing depth in proposed mean low water. channel m Minimize channel width - no more than neces- 0 Largest beam expected sary to accommodate the beam of the widest vessel to use the harbor. N Whenever possible, channel axis should not be s Direction of major storm waves. parallel to the direction of major storm waves. 2. Best available measures to meet Sec. 25(3)(b): 0 A channel may interrupt the sedi- m Where the dredging is flanked by coastal m Description of the shoreline ment transport process, thereby beaches or barrier beach, a sand by-pass system adjacent to and potentially affecting the natural replenish- must be developed so that the net littoral drift is impacted by the dredging - ment of beaches. not diminished to the downdrift beach. This structures, bank or beach may be done by periodic dredging of the conditions, etc. channel and deposition of compatible dredged E Calculation of existing wave materials on the downdrift beaches or downdrift energy impacting area described beach replenishment. If sediments in the above. Calculation of energy channel become polluted or incompatible with impacts after the proposed the downdrift beach sediments, beach nourish- dredging. ment from the dredged area will not be allowed. 0 If energy impact is different, show engineering solutions to compensate. 0 Identification of legally responsi- ble party for inaintaining by-pass system or periodic beach nourishment. 0 A timetable for periodic beach nourishment or replenishment dredging. 0 Potential pollutants within *See Division of Water Pollution dredged area.* Control Regulations a Description of grain size of dredged sediments and downdrift beach area. m A detailed plan indicating the exact area to be dredged, the amount of material to be dredged, and the proposed dredged material disposal site. 58 DREDGING DREDGING Section 25 Land Under the Ocean B. Improvement Dredging and Maintenance Dredging Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries 0 Dredging may create an area of 1. Best available measures to meet Sec. 25(3)(c): stagnation resulting in a deterior- 0 A condition which minimizes depth (as above) ation of water quality. will also help meet this standard. w Dredge the channel so that all portions of it will m Bathymetry of proposed project be adequately flushed by the tides. m Dredging may reduce marine pro- 2. Best available measures to meet Sec. 25(3)(d): ductivity by destroying bottom habitat, by increasing turbidity, by m Dredging should be done between October I and stirring up pollutants, and by March 15. causing siltation which may bury bottom animals adjacent to the 0 Hydraulic dredging shall be employed where channel. These may, in turn, physically possible. allow organisms to ingest and accumulate the stirred up pollu- a Where hydraulic dredging is not physically tants and the siltation may possible, the largest practical dredging bucket or destroy habitats or food source clamshell shall be used. areas. m Siltation curtains shall be used to completely 0 Size and location of plume enclose the dredged sediment plume, where 5ased on type of equipment to be conditions permit. used, substrate conditions, and hydrographic conditions (depth n Dredging should avoid eel grass beds to the and currents). extent possible. DREDGING 59 DREDGING Section 26 Designated Port Areas Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries 1. Best available measures to meet Sec. 26(3): � Dredging may adversely affect a Dredge channel and port area so that all m Existing and proposed water circulation by creating portions of them will be adequately flushed by hydrography of designated areas of stagnation. the tides. port area. � Dredging may adversely affect n Complete the dredging operation as quickly as m Chemical, physical, and biologi- water quality by changing possible by using the most efficient and practical cal analysis of bottom sediments." dissolved oxygen, temperature, equipment. turbidity, or by stirring up pollu- tants in the bottom sediments.* E Where possible, schedule dredging so as not to N Identify fisheries in the proposed conflict with fisheries use. dredged area, particularly ana- dromous/catadromous fish runs. Storm damage prevention and 1. Best practical measures to meet Sec. 26(4). flood control. � Extensive dredging of a port area m Minimize the amount of dredging m A detailed plan indicating the may increase wave height, which exact area to be dredged, the may increase their potential m Whenever possible, channel axis should not be amount of material to be destructive energy. parallel to direction of major storm waves. dredged, and the proposed dredged material disposal site. n Scientific and/or engineering studies to show the storm surge before and after dredging. *A high concentration of certain pollutants in the bottom sediments, such m Direction of major storm waves. as PCB's or heavy metals, may preclude the possibility of dredging under the regulations of the Division of Water Pollution Control (DWPC). "Bottom sediment analysis and evaluation of dredging should be coordinated with the DWPC. 60 DREDGING UREDGING Section 27 Coastal Beaches and Section 29 Barrier Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and is Dredging a beach (or tidal flat) 1. Measures to meet performance standards of flood control may increase the wave energy "no adverse effect" - Sec. 27(3) reaching the shore, thereby changing the volume and form of n On most beaches, there are no measures to a Documentation of the existence adjacent beaches and increasing reduce the adverse effects to the required level. of a tidal inlet prior to the filing the erosion potential. Therefore, all beach dredging should be denied of a Notice of Intent for the except in the following two circumstances: proposed dredging. 2 1. dredging through a shoal within existing s Description of current conditions, jettied or natural tidal inlets. extent of proposed dredging, and location of dredge spoil disposal. m 2. dredging in a tidal flat in a harbor provided that the applicant can demonstrate that there will be no increase in the erosion of adjacent coastal beaches, coastal dunes, or salt marshes. Protection of marine fisheries a Dredging as permitted under 1. Best available measures to minimize adverse Sec. 27(3) - see above - may effects - See. 27(6). cause changes in water quality, particularly the level of turbidity. n Dredging should be done between October I and a A detailed plan indicating the March 15. exact area to be dredged, the � As sediments settle out on amount of material to be adjacent tidal flats, the distribu- E Hydraulic dredging shall be employed where dredged, and the proposed tion of sediment grain size may physically possible. dredged material disposal site. change. m Where hydraulic dredging is not physically � There may be pollutants in possible, the largest practical dredging bucket or bottom sediments which will be clamshell shall be used. disturbed and transported to adjacent areas. DREDGING Section 34 Land Containing Shellfish Interest to be Protected Adverse Impacts to Interest Conditions Required to Minimize Information Required to Develop Adverse Impacts the Actual Details to be Incor- porated into an Order of Conditions Protection of land containing shell- 0 Dredging in any portion of any 1. Measures to meet performance standard of fish and marine fisheries Resource Area which contains "no adverse effect" Sec. 34(4) shellfish alters the relief and ele- vation of the area. A. In a DMF mapped shellfish bed (34(3)(a)) 0Existing substrate conditions in there are no measures which will make dredging the area to be dredged, including meet the "no adverse effect" standard, except sediment composition, sediment dredging which will immediately and purpose- grain size, and sediment density. fully be filled such as for laying a pipe, which is permitted under Sec. 34(5). mExisting relief and elevation. n In order for a project to be permitted under Sec. 34(5) in a DMF mapped area, the following 0Proposed location of relocated conditions must be met: shellfish and evidence of DMF and local shellfish constable w shellfish in the area to be dredged must be re- approval. located to a suitable location approved by DMF. m substrate identical in sediment composition, sediment grain size, and density to that removed must be used to fill the dredged area. x relief and elevation must be returned to pre- existing conditions. n siltation curtains designed and employed so as to preclude the transport of sediment from the dredging site onto other areas of the shellfish, bed shall be employed where physical conditions permit. n if turbidity will impact other shellfish bed no dredging shall be allowed during the larval setting stage. B. In a non-DMF mapped shellfish area (34(3)(b)), mExisting substrate conditions in dredging may be permitted under the following the area to be dredged, including conditions: sediment composition, sediment � that the shellfish in the area to be dredged be grain size, and sediment density. relocated in a manner and to a location suitable mExisting relief and elevation. and approved by DMF and the shellfish constable. 0Proposed location of relocated � siltation curtains designed and employed so as shellfish and evidence of DMIT to preclude the transport of sediment from the and local shellfish constable dredging site onto other areas of the shellfish approval. bed shall be employed where physical conditions mA detailed plan indicating the permit. exact area to be dredged, the 62 DREDGING m if turbidity will impact other shellfish beds, no amount of material to be dredging shall be allowed during the larval setting dredged, and the proposed stage. dredged material disposal site. DREDGING Section 31 Rocky Intertidal Shores Interest to be Protected Adverse Effects to Interest Conditions to Minimize Information Required to Develop Adverse Effects the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and a Dredging rocky intertidal shores 1. Best practical measures to minimize adverse flood control will reduce the volume and effects - Sec. 3](3) change the form of the shore. This may effect its ability to n The surface of the side slopes after dredging m Qualitative description of the dissipate wave energy and to pro- should have the same (or as close as possible) roughness and materials in the vide a buffer to inland areas. roughness and be of the same (or as close as area to be dredged before and possible) materials as the dredged area was prior after dredging. to dredging. a A detailed plan indicating the exact area to be dredged, the amount of material to be dredged, and the proposed dredged material disposal site. Protection of marine fisheries m Dredging of rocky intertidal 1. Best available measures to meet Sec. 3](4) shores is not likely to have an adverse effect on water circula- tion and water quality. None required for dredging DREDGING 63 DREDGING Section 35 Fish Runs Interest to be Protected Adverse Impacts to Interest Conditions Required to Minimize Information Required to Develop the Adverse Impact the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries 1. Measures to meet performance standard of "no adverse effect" - Sec. 35(3) m Dredging in a fish run creates a m No dredging shall be permitted during a fish a identification of anadromous or turbidity plume which may impede migration. catadromous fish which use the the migration of fish. fish run and their migration times. a The sediment particles created by m Siltation curtains which completely enclose the m Scientific studies which clearly dredging may settle out on and turbidity plume shall be used when the sediment delineate spawning and nursery cover spawning and nursery would otherwise settle out on spawning or habitats. habitats. nursery habitats, where physical conditions permit. m Dredging changes the cross-section m Dredging shall not change the rate of water flow n Rate of flow during migration of a channel, thereby altering the so as to impede the migration of fish. season before and after proposed rate of water flow through the dredging. channel. m Dredging may destroy spawning m A -detailed plan indicating the and nursery habitats. exact amount of material to be dredged, and the proposed dredged material disposal site. 64 DREDGING DREDGED MATERIAL DISPOSAL Definition Dredged Material Disposal is the process of discharging, depositing, dumping or utilizing the by-products of a dredging operation. Dredged material disposal may occur on land, or if clean, in several of the coastal Resource Areas. Dredged material disposal commonly occurs at designated dump sites on land under the ocean, most of which are seaward of the municipal boundaries. The volume, physical and chemical characteristics of the dredged materials (commonly called dredge "spoils"), the location of the dredging project, and federal and state requirements will dictate the methods of transport and ulti- mate location of the dredge material disposal site. Common shore-based dredged material disposal sites and uses for clean material include, but are not limited to, At. dumping at an approved sanitary landfill, utilization as "fill" material for construction purposes, and deposition of clean dredged material onto coastal environments to replenish eroded sediments. Off-shore dredged material disposal sites and uses include, but are not limited to, ocean dumping in approved areas, and deposition of dredged material in off-shore zones Illustration 31: Disposal of dredged material to replenish eroded or drifted materials. If dredged materials are highly contaminated with toxic substances and would have little or no commercial value, then disposal in an approved dumping location may be the only alternative. The ocean disposal of dredged materials must conform to the Waterways (MGL. Ch. 91) Regulations, the Massachu- setts Ocean Sanctuaries Act and the Division of Water Pollution Control discharge permit criteria, as well as regulations promulgated by the U.S. Army Corps of Engineers and the U. S. Environmental Protection Agency. The Divisions of Water Pollution Control and Waterways (DEQE), and the Army Corps should always be consulted in addition to the conservation commission, especially when toxic materials may be present in the dredged materials. DREDGED MATERIAL DISPOSAL 65 DREDGED MATERIAL DISPOSAL Acceptability Activity Acceptability Table This table indicates in which Resource Area dredge material disposal is or is not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 likely to be conditioned* Designated Port Areas Section 26 likely to be conditioned* - (clean dredged material only) see section on fill. Coastal Beaches Section 27 likely to be conditioned* - (clean dredged material only) see section on fill. Coastal Dunes Section 28 likely to be conditioned* - (clean dredged material only) see section on fill. Barrier Beaches Section 29 likely to be conditioned* - (clean dredged material only) see section on fill. Coastal Banks Section 30 likely to be conditioned* - (clean dredged material only) see section on fill. Rocky Intertidal Shores Section 31 likely to be conditioned* - (clean dredged material only) see section on fill. Salt Marshes Section 32 not likely to be acceptable - Sec. 32(3) states that no portion of a salt marsh may be destroyed. Land Under Salt Ponds Section 33 not likely to be acceptable - disposal will have an adverse effect on marine fisheries habitat which is not permitted under Sec. 33(3). Land Containing Shellfish Section 34 not likely to be acceptable in a DMF mapped shellfish area. Disposal will adversely affect shellfish productivity by alter- ing elevation which is not permitted under Sec. 34(4)(b). Can be conditioned in non-DMF mapped shellfish areas - unless otherwise prohibited in the Resource Area containing shell- fish. See section on fill for conditions. Fish Runs Section 35 can be conditioned* - see section on fill. *NOTE: Only clean dredged materials may be disposed in any site other than a designated disposal site. 66 DREDGED MATERIAL DISPOSAL DREDGED MATERIAL DISPOSAL Section 25 Land Under the Ocean Interest to be Protected Adverse Effects to Interests Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and 0Disposal of dredged material may 1. Measure to meet performance standard of flood control cause the shoaling of nearshore "no adverse effects" Sec. 25(5) land under the ocean which will interrupt sediment transport 0 Wave height at any point along the shoreline m Calculations showing existing and processes, thereby affecting the shall not increase by more than 10076 by disposal resulting wave heights. volume and form of coastal of dredged material on nearshore areas of land beaches. under the ocean. EDisposal of clean dredged material on other than nearshore areas of land under the ocean is not likely to have an adverse effect on storm damage preven- tion or flood control. Protection of marine fisheries m Disposal of clean dredged 1. Measures to meet performance standard of material may cause the shoaling "best available measures" Sec. 25(6) of nearshore land under the ocean which can create areas of m Disposal of spoil in discontinuous bands, inter- a Description of water currents in stagnation. rupted at least every 250 ft. by 50 ft. breaks to the vicinity of proposed project. provide for passage of water, nutrients and 0 Disposal of clean dredged aquatic life. (These figures are guidelines only; material can alter the distribution the concept should be adjusted as necessary in of sediment grain size. the particular project). E Disposal of clean dredged 0 Dredged material disposal on any portion of Existing substrate conditions in material may bury eel grass beds. land under the ocean shall have a mean grain the area to be dredged, including size distribution which does not differ from the sediment composition, sediment existing land under the ocean sediment grain size grain size, and sediment density. by more than 50076. N Disposal of dredged material should avoid eel Map of eel grass beds. grass beds to the maximum extent possible. nAlternative disposal locations to determine how to avoid eel grass beds to the maximum extent possible. DREDGED MATERIAL DISPOSAL 67 F1 LL Definition Filling is the process of depositing materials onto a coastal wetland, primarily for the purpose of raising the land surface or underwater bottom elevation permanently or temporarily. Fill is usually related to another coastal activity such as backfill for bulkheads or seawalls, or fill for roadways or ramps. Beach or dune nourishment is also defined as fill. I Z-A 14 7777- 41 Illustration 33: Filling a coastal wetland Illustration 32: Coastal beach nourishment 68 FILL FILL Acceptability Activity Acceptability Table This table indicates in which Resource Areas fill is or' is not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 not likely to be acceptable - fill requires a retaining struc- ture such as a seawall, bulkhead or revetment, which is not permitted under See. 25(5) - see section on seawalls, bulk- heads, and revetments. Therefore, fill is not acceptable, except as discussed in Dredged Material Disposal section. Designated Port Areas Section 26 likely to be conditioned* Coastal Beaches Section 27 likely to be conditioned* Coastal Dunes Section 28 likely to be conditioned* Barrier Beaches Section 29 likely to be conditioned* Coastal Banks Section 30 likely to be conditioned* Rocky Intertidal Shores Section 31 likely to be conditioned* Salt Marshes Section 32 not likely to be acceptable - Sec. 32(3) states that no portion of a salt marsh may be destroyed Land Under Salt Ponds Section 33 not likely to be acceptable - fill will have an adverse effect on marine fisheries habitat which is not permitted under Sec. 33(3). Land Containing Shellfish Section 34 not likely to be acceptable in DMF mapped shellfish area. Fill will adversely affect shellfish productivity by altering elevation which is not permitted under Sec. 34(4)(b). Can be conditioned in non-DMF mapped shellfish areas unless such area is a salt marsh or land under a salt pond. Fish Runs Section 35 likely to be conditioned* *NOTE: Whether or not fill can be placed on any of these Resource Areas depends upon the physical, chemical, and biological nature of the material. FILL 69 FILL Section 26 Designated Port Areas Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incorpor- ated into an Order of Conditions Protection of marine fisheries a The process of placing fill behind 1. Best available measures to meet Sec. 26(3) a Description of methods proposed or within seawalls or bulkheads to minimize turbidity and may cause turbidity and m Fill must be contained within a seawall, bulk- sedimentation. sedimentation. head, or revetment permitted by the Regulations. m Analysis showing that the m Pollutants which may be present m The area to be filled shall be dewatered prior to proposed fill material is clean. in the fill may be leached out placement of the fill or a siltation curtain shall into or resuspended in the water be placed immediately around the retaining column. structure to contain the material suspended in the water displaced as the area is filled, where conditions permit. 0 Only clean fill may be permitted (see description of clean fill in the waterways (Ch. 91) regulations. FILL Section 27 Coastal Beaches and Section 29 Barrier Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and 0 Fill which is not compatible in 1. Measures to meet performance standard of flood control terms of grain size may decrease the "no adverse impact" Sec. 270) ability of a beach to respond to a Fill material on any portion of coastal beach a Sediment size characteristics of wave action, thereby altering the (which includes tidal flats) shall be compatible existing beach material and pro- volume and form of an adjacent or with existing beach material. (Material which posed fill material. downdrift coastal beach. meets this condition will also comply with Sec. 27(5) which permits beach nourishment). m If proposed fill is silt or clay size sediment and is not from a m NOTE: structures to retain fill material on a naturally occurring, uncontam- beach such as bulkheads or seawalls are not inated geologic deposit, analysis permitted. showing the level of pollutants, including heavy metals, hydrocar- bons, pesticides, and other toxic Protection of marine fisheries m Pollutants which may be present 1. Best available measures to meet Sec. 27(6) materials. in the proposed fill material would cause water pollution. This a Only clean fill shall be permitted on tidal flats. Samples of existing beach is usually not a problem with material and proposed fill sand or gravel. material may be substituted for test results for projects of less than 1000 cubic yards of fill. 70 FILL F1 LL Section 28 Coastal Dunes and Section 29 Barrier Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Fill which is not compatible- in 1. Measures to meet performance standard of flood control terms of grain size may decrease "no adverse impact" Sec. 28(3) the ability of a dune to respond to wave action, modify the dune 0 Fill material on any portion of coastal dune m Sediment size characteristics of form, and interfere with a dune's shall be compatible with existing dune material. existing dune material and landward or lateral movement. proposed fill material. m NOTE: structures to retain fill material on a dune such as bulkheads or seawalls are not per- m If material is not from a naturally mitted - groins may be permitted. occuring, uncontaminated geologic deposit, analysis showing the level of pollutants, including heavy metals, hydrocarbons, pesticides and other toxic materials. 0 Samples of existing dune material and proposed fill material may be substituted for test results for projects less than 1000 cubic yards of fill. w Fill may disturb or bury 0 Where dune grass (Ammophila brevilgulata) m Location and average height of vegetation. exists, the depth of the fill shall not be more dune grass. than V2 of the average height of the dune grass and shall be placed in a manner that does not destroy the vegetation. 0 Fill shall be distributed so as to conform as closely as possible to existing topography. FILL 71 F1 LL Section 30 Coastal Banks A. Coastal Banks which are significant because they supply sediment to coastal beaches, coastal dunes or barrier beaches. Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and n Fill which is not compatible in 1. Measures to meet performance standard of flood control terms of grain size with the bank "no adverse effect" Sec. 30(4) sediments may decrease the bank's ability to supply sediment n Fill material shall be compatible with existing m Sediment size characteristics of to coastal beaches or land subject bank material. existing bank material and pro- to tidal action. posed fill material. m Only clean fill may be permitted. 0 If material is not from a naturally occurring, uncontam- inated geological deposit, analysis showing the level of pollutants, including heavy metals, hydrocarbons, pesticides, and other toxic materials. a Samples of existing bank material and proposed fill material may be substituted for test results for projects less than 1000 cubic yards of fill. B. Coastal Banks which are significant because they are a vertical buffer Interest to be Protected Adverse Effects to Interests Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and n Fill may bury and kill bank vege- 1. Measures to meet performance standard of flood control tation, thereby decreasing the "no adverse effect" Sec. 30(6) bank's natural resistance to ero- sion caused by wind and/or rain w Short term erosion control measures such as a Desciption of proposed erosion runoff. hay, mulch, or nets shall be used to prevent control techniques. erosion immediately after placement of fill. N Replanting with suitable vegetation cover shall m Description of vegetation to be commence as soon as permitted by growing replanted. conditions. n NOTE: information on replant- ing and other erosion control techniques may be obtained form 72 FILL the Soil Conservation Service. FILL Section 31 Rocky Intertidal Shores Interests to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Detail to be Incor- porated into an Order of Conditions Storm damage prevention and m Fill is not likely to have an m No conditions are necessary flood control adverse effect on storm damage prevention or flood control. Protection of marine fisheries 1. Best practical measures to meet Sec. 3](4) a Fill which is not contained within w Fill which is not contained within a seawall, a seawall, bulkhead, or revetment bulkhead, or revetment shall be compatible in may be washed away and cause terms of grain size to what exists on the rocky turbidity and smothering of intertidal shore. (This means fill must be cobbles marine fisheries habitats. or larger.) m Pollutants which may be present in m Material which is contained within a seawall, a If material is from other than a fill which is contained within a bulkhead, or revetment shall be clean fill. naturally occurring, uncontam- seawall, bulkhead, or revetment inated geologic deposit, analysis may be leached out by tidal action, showing the levels of pollutants, causing water pollution. including heavy metals, hydro- carbons, pesticides, and other toxic materials. FILL 73 FILL Section 34 Land Containing Shellfish - Non-DMF Mapped Only Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of land containing shell- a Change in relief and elevation of 1. Measures to meet the Performance standard of fish and marine fisheries shellfish habitat, thereby altering "no adverse effect" Reg. 34(4) and 34(6) existing habitats. n In addition to the conditions listed under 0 Location of area to which shell- � Smothering of shellfish Coastal Beaches (tidal flats), and Rocky Inter- fish will be relocated and evi- tidal Shores, which relate to the protection of dence of approval by DMF � Pollutants which may be present marine fisheries, the following conditions may and Shellfish Constable. in the fill may be leached out be imposed on non-DMF mapped shellfish into or resuspended in the water areas, if the issuing authority permits: 0 Map of any DMF or non-DMF column. mapped shellfish beds/areas in a The shellfish shall be moved from the project the vicinity of the proposal. site if DMF and the Shellfish Constable approve both the moving and the site to which the shellfish are being moved. 0 No filling shall begin until the moving and replanting have been completed. 0 Land containing shellfish adjacent to the project shall not be altered in relief or elevation. 74 FILL F1 LL Section 35 Fish Runs Interests to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries n Fill may act as a barrier which 1. Measures to meet performance standard of a Identification of anadromous/cat- will impede or obstruct the "no adverse impact" Sec. 35(3) adromous fish which use the fish migration of fish. run and their migration times. m Fill which extends from one side of a channel to the other is a dam - see section on dams. � Fill may cause turbidity which 0 Fill may not be placed in any portion of a fish may impede the migration of fish run between March 15 and May 31. or suffocate fish eggs. m Fill which is permitted shall be permanently retained by a seawall, bulkhead, or revetment. (See section on seawalls, bulkheads and revetments.) � Fill may constrict the stream 0 The rate of flow shall not be increased so as to N Rate of stream flow during channel, thereby increasing the impede fish migration. migration periods before and rate of flow, which may impede after proposed project. the migration of fish. � Fill may cover and eliminate N No fill shall be allowed in a nursery or spawning 0 Scientific studies which clearly nursery and spawning habitats. area. delineate spawning and nursery areas. � Pollutants which may be present 0 Only clean fill shall be permitted. B If material is not from a in fill may cause deterioration of naturally occurring, uncontam- water quality, thereby impairing inated geologic deposit, analysis the capacity of spawning or showing the level of pollutants nursery habitats. including heavy metals, hydro- carbons, pesticides, and other toxic materials. FILL 75 GRADING AND RAKING Definition Grading is the redistribution of sediments within a coastal wetland. It may or may not involve the placement of fill or disposal of dredge material which is subsequently graded to a given level or slope. Coastal beaches are graded as a regular maintenance practice in many areas of the Commonwealth. If not 7 properly done however, this activity can destroy the natural lit =E_ sloped beach profile, and result in a loss of the coastal beach's storm damage prevention value. Illustration 34: Grading of coastal beach 76 GRADING AND RAKING GRADING AND RAKING Acceptability Activity Acceptability Table This table indicates in which Resource Areas grading and raking is or is not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 unlikely to be proposed. Designated Port Areas Section 26 unlikely to be proposed. Coastal Beaches Section 27 likely to be conditioned. Coastal Dunes Section 28 not likely to be acceptable, with exception. Grading increases the potential for storm and flood damage (Sec. 28(3)(3)) and on vegetated dunes it destabilizes the dune by disturbing vegetation (Sec. 38(3)(6)). NOTE: Sec. 28(4) is an exception to the above. Barrier Beaches Section 29 likely to be conditioned. Coastal Banks Section 30 likely to be conditioned. Rocky Intertidal Shores Section 31 unlikely to be proposed. Salt Marshes Section 32 unlikely to be proposed. Land Under Salt Ponds Section 33 unlikely to be proposed. Land Containing Shellfish Section 34 not likely to be acceptable, with exceptions. Grading alters relief and elevations which adversely effects shellfish pro- ductivity (Sec. 34(4)(6)), and grading machinery compacts sediments (See. 34(4)(c)). Fish Runs Section 35 unlikely to be proposed. GRADING AND RAKING 77 GRADING AND RAKING Section 27 Coastal Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Grading and raking may remove 1. Measures to meet performance standards of flood control sediment from or change the "no adverse effect" Sec. 27(3) form of coastal beaches, thereby decreasing their ability to dissi- m Cleaning of coastal beaches must be accom- w Existing beach sediment size pate wave energy. plished using a rake in such a manner as to pre- characteristics. serve the existing form, volume and grain size m Grading and raking may reduce distribution of the beach. N Description of the rake. the supply of sediment to other coastal Resource Areas, including m Grading operations other than raking shall not m NOTE: This information is coastal dunes, nearshore areas of be permitted on coastal beaches, except to move required in order to insure that land under the ocean, and other sediment deposited as the result of beach replen- the rake teeth are sufficiently sep- coastal beaches. ishment activities. arated so that the beach sediment will not be removed and that the beach form will not be altered. Protection of marine fisheries a Grading and raking of the tidal 1. Best available measures to meet Sec. 27(6). flat portion of a coastal beach may have an adverse effect on n On most tidal flat portions of coastal beaches marine fisheries by altering the there are no measures to reduce the adverse distribution of sediment grain effects of grading and raking to the required size, and by altering water level. Therefore all grading and raking of the quality, particularly when a tidal tidal flat portion of coastal beaches should be flat composed of a high percent- denied. Grading or raking is permitted for age of fine material or strictly agricultural purposes, and when organic material is proposed approved by DNIF. to be graded. 78 GRADING AND RAKING GRADING AND RAKING Section 28 Coastal Dunes Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Grading and raking are likely to 1. Measures required to meet performance standards flood control. destroy or impair dune vegetation stated in Sec. 28(4). and thereby destabilize the dune. aGrading and raking of coastal dunes by mech- m Location of proposed grading or � Grading and raking may modify anical means should be permitted only around raking by mechanical means. the dune form, thereby increasing existing structures. Dune sand removed as the the potential for storm and flood result of these operations must be deposited on a Location of existing structures. damage. the beach or foredune, whichever will best serve the interests of storm damage prevention and n If sand is removed, location of flood control. The section covering "Fill" the proposed site of deposition projects presents the conditions required for and all information required for such deposition. "Fill" projects. 2. Measures required to meet performance standards stated in Sec. 28(3). � Grading and raking may cause mRemoval of debris from coastal dunes (except removal of sand from the dune, around existing structures) may be accomplished thereby increasing the potential manually in such a manner as not to disturb for storm and flood damage. dune volume, form or vegetative cover, or inter- fere with new dune formation. GRADING AND RAKING 79 GRADING AND RAKING Section 29 Barrier Beaches Interest to be Protected Adverse Effects to Interest. Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- 1. Sec. 29(3) porated into an Order of Conditions Storm damage prevention and a Since barrier beaches are both flood control. significant to storm damage pre- vention and flood control, and this Resource Area is comprised of both coastal beaches and coastal dunes, see the sections on See charts for coastal beaches and coastal dunes these Resource Areas for both the adverse effects and required con- ditions for grading and raking. 1. Sec. 29(3) Protection of marine fisheries m Since barrier beaches are significant to marine fisheries, and this Resource Area is com- prised of both coastal beaches and coastal dunes, see the sections on these Resource Areas for both the adverse effects, and required conditions for grading and raking. GRADING AND RAKING Section 30 Coastal Banks Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Grading and raking may disturb 1. Measures to meet performance standards stated flood control the stability of coastal banks by in Sec. 30(6) removing material from them, thereby reducing their functions a Grading and raking of coastal banks may not m Description of project including as a vertical buffer to storm result in a decrease in the total volume of the the proposed movement of bank waters. bank. Material may be moved in such a manner material. as to increase the stability of the bank, as for m Grading and raking may disturb example, by terracing the bank face. the stability of coastal banks by destroying the existing vegetation. a Following the grading or raking project, the m Description of existing vegetation bank must be replanted with suitable vegetation on the coastal bank. in order to decrease erosion caused by wind and rain runoff. v Description of proposed 80 GRADING AND RAKING replanting. GRADING AND RAKING Section 34 Land Containing Shellfish Interest to be Protected Adverse Impacts to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of land containing shell- n Grading or raking of any Re- 1. Measures to meet performance standard of fish and marine fisheries source Area which contains shell- "no adverse effect" Sec. 34(4) fish has an adverse effect on the productivity of such land by 0 In a DMF mapped shellfish bed (Reg. 34(3)(a)) a A detailed plan of the Resource altering relief and elevation, and there are no measures which will make grading Areas containing shellfish, show- by altering the distribution of or raking meet the "no adverse effect" ing where grading or raking is sediment grain size. Grading and standard. Therefore these activities are unaccept- proposed. raking may also adversely change able and are to be denied when proposed in water quality by increasing DMF mapped shellfish beds. Grading or raking turbidity levels. is permitted, however, for strictly agricultural purposes, and when approved by DMF. m In a non-DMF mapped shellfish area (Sec. a Proposed location of the shellfish 34(3)(b)) grading or raking may be permitted relocation, and evidence of DMF under the following condition: and shellfish constable approval. m that the shellfish in the area to be graded or raked be relocated in a manner and to a location suitable and approved by DMF. GRADING AND RAKING 81 REMOVAL Definition /Acceptability Removal is defined as taking away any portion of a coastal wetland. Removal generally refers to wetlands or portions of wetlands located above the mean high water mark. Removal of wetlands located below mean high water (subaqueous) is generally referred to as dredging. 7 Activity Acceptability Table This table indicates in which Resource Areas removal is or is not likely to be able to be conditioned to meet the P performance standards set forth in the Regulations. Illustration 35: Coastal wetland removal operation Resource Area Acceptability Land Under the Ocean Section 25 unlikely to be proposed - (see dredging). Designated Port Areas Section 26 unlikely to be proposed - (see dredging). Coastal Beaches Section 27 may be conditioned in limited situations. Removal changes the volume and form of a beach which is not permitted under Sec. 27(3). Coastal Dunes Section 28 may be conditioned in limited situations. Removal changes the ability of waves to remove sand, disturbs dune vegeta- tion, modifies dune form, and removes sand from the dune artificially, which are not permitted under Sec. 28(3). Note the exception under Sec. 28(4). Barrier Beaches Section 29 may be conditioned in limited situations. Coastal Banks Section 30 not likely to be acceptable: removal of a portion of bank decreases sediment supply and decreases the stability of adjacent banks which are not permitted under Sec. 30(4) and 30(6). Rocky Intertidal Shores Section 31 not likely to be proposed. Salt Marshes Section 32 not likely to be acceptable - Sec. 32(3) states that no portion of a salt marsh can be destroyed. Land Under Salt Ponds Section 33 unlikely to be proposed - (see dredging). Land Containing Shellfish Section 34 unlikely to be proposed - (see dredging). Fish Runs Section 35 unlikely to be proposed - (see dredging). 82 REMOVAL REMOVAL Section 27 Coastal Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Removal of sediment from a 1. Measures to meet performance standard of flood control coastal beach reduces the volume "no adverse effect" Sec. 27(3). and changes the form of the landform so that its ability to m There are no conditions that could be applied to dissipate wave energy and supply prevent the adverse effect, therefore removal sediment to other coastal may not be permitted from coastal beaches, with Resource Areas (coastal dunes, the following exceptions: nearshore land under the ocean, and other coastal beaches) is m 1. Removal of sediments from a coastal beach m See section on dredging of reduced. that is allowed in the dredging section. coastal beaches. m 2. Removal of sediments from a coastal beach m See section on jetties on coastal for sand bypassing across a jettied inlet (transfer beaches. of sediment from the updrift to downdrift side of the inlet) and sand bypassing from behind a breakwater to the downdrift coastal beach (see m See section on breakwaters on jetties or breakwaters section). land under the ocean. Section 28 Coastal Dunes Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Inco'r- porated into an Order of Conditions 1. Sec. 28(3) 1. Measures to meet performance standard of "no adverse effect" Sec. 28(3). Storm damage prevention and m Removal of sediment from a flood control coastal dune reduces potential m There are no conditions that could be applied to supply of sediment to coastal prevent adverse effect, therefore removal may beaches and reduces its function not be permitted from coastal dunes, with the as a barrier to storm wave following exception: overwash. m As permitted and defined in the grading n Removal of sediment would also section on coastal dunes. destroy the vegetative cover which contributes to the growth and stability of coastal dunes by providing conditions favorable for sand deposition. REMOVAL 83 SEAWALLS, BULKHEADS AND REVETMENTS Definition /Acceptability Seawalls, Bulkheads, and Revetments are structures placed parallel to the shoreline, separating a land area from a water area. Bulkheads are vertical walls generally used to contain fill. They may be constructed of steel, timber, or concrete. Seawalls are basically massive bulkheads designed to with- stand the direct onslaught of ocean waves. Seawalls may be built with'vertical, curved or stepped faces. The design has a bearing on how wave energy is reflected back to the ocean. Revetments are composed of one or more layers of stone to armor a sloping shoreline face. Occasionally, concrete con- struction is used. The sloping face of revetments causes less wave energy refraction, and depending on design, a greater amount of energy dissipation, both of which may result in less damaging effects to fronting beaches or flats than vertical sea walls. The most likely locations for bulkheads, seawalls, and revetments are on coastal banks. These sloping areas are Illustration 36: Revetment usually proposed to be reveted with stone or masonry. The base of a bulkhead or seawall may be on a coastal beach. If the structure is proposed for a coastal bank so that the base or toe of the structure is located below mean low water, land under the ocean will be affected. This situation is most commonly found where land under the ocean is found within designated port areas. Activity Acceptability Table This table indicates in which Resource Areas seawalls, bulk- heads, and revetments are or are not likely to be able to be conditioned to meet the performance standards set forth in AM the Regulations. Illustration 37: Seawall 84 SEAWALLS, ErC. SEAWALLS, BULKHEADS AND REVETMENTS Acceptability Resource Area Acceptability Land Under the Ocean Section 25 may be conditioned in limited situations. Designated Port Areas Section 26 likely to be conditioned. Coastal Beaches Section 27 may be conditioned in limited situations - Sec. 27(3) states that no project can have an adverse effect on coastal beaches by increasing erosion, decreasing the volume or changing the form of a coastal beach. Seawalls, revetments and bulkheads cannot be designed to prevent these adverse effects. Note exception in Sec. 27(3) with respect to revetments, bulkheads, and seawalls on Coastal Banks which overlap onto Coastal Beaches. See conditions under coastal banks. Coastal Dunes Section 28 not likely to be acceptable - Sec. 28(3) states that no project can adversely affect a dune by affecting the ability of waves to remove sand from the dune. Seawalls, revetments, and bulk- heads cannot be designed to prevent this adverse effect. Barrier Beaches Section 29 not likely to be acceptable - see coastal beach and coastal dunes Coastal Banks Section 30 likely to be conditioned, but only for the protection of structures existing prior to August 10, 1978, or where the coastal bank comes under Sec. 30(7) Rocky Intertidal Shores Section 31 likely to be conditioned Salt Marshes Section 32 not likely to be acceptable - Sec. 32(3) states that no portion of a salt marsh may be destroyed Land Under Salt Ponds Section 33 not likely to be acceptable - seawalls, bulkheads, and revet- ments change the relief and elevation of bottom topography, and thereby adversely affect marine fisheries habitat which is not permitted under Sec. 33(3). Land Containing Shellfish Section 34 not likely to be acceptable in DMF mapped shellfish areas - seawalls, bulkheads, and revetments will have an adverse affect on such land and on marine fisheries which is not permitted under Sec. 34(4). Can be conditioned in non-DMF mapped areas if otherwise allowed in a particular Resource Area. Fish Runs Section 35 likely to be conditioned. SEAWALLS, ETC. 85 SEAWALLS, BULKHEADS AND REVETMENTS Section 25 Land Under the Ocean Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- Storm damage prevention and Seawalls, bulkheads, and revet- 1. Measures to meet performance standard of porated into an Order of Conditions flood control ments may cause a reflection of "n o adverse effect Sec. 25 (5) wave energy or interfere with the movement of sediments, such @ There are no conditions to prevent this adverse that adjacent areas of land under effect, therefore seawalls, revetments, and bulk- the ocean are scoured and de- heads may not be permitted on land under the pleted of sediment. This change ocean, with the following exceptions: in bottom topography may in- crease the potential for erosion of m when a seawall, bulkhead, or revetment is n Note: bulkheading on land under coastal beaches, coastal banks, permitted on a coastal bank or rocky intertidal the ocean implies that fill will be coastal dunes, or salt marshes. shore, and its base must be on land under the placed behind it. See fill section. ocean, it may be permitted. See conditions for building seawalls, bulkheads, and revetments on coastal banks and rocky intertidal shores and conditions to protect marine fisheries below. m the base of the seawall, bulkhead, or revetment must be located as close as possible to the coastal bank. Protection of marine fisheries The process of construction of 1. Best available measures to meet Sec. 25(6) seawalls, bulkheads, and revet- ments may adversely effect m When a seawall, bulkhead, or revetment is per- marine fisheries and shellfish by mitted on a coastal bank or rocky intertidal shore, increasing turbidity levels and and if its base must be on land under the ocean, it when the sediment settles out, by maybe permitted subject to the following altering the distribution of sedi- additional conditions: ment grain size in nearby areas of land under the ocean. m siltation curtains should be used to completely 0 The size and location of the contain the turbidity plume caused by construc- expected turbidity plume. � If present in the disturbed sedi- tion, where conditions permit. ments, pollutants will be released and distributed. n whenever an eel grass bed is destroyed by con- NMap of existing eel grass beds at struction, a new eel grass bed of comparable size the site. � Eel grass beds may be destroyed shall be planted in a suitable environment as close as possible to the site. 86 SEAWALLS, ETC. SEAWALLS, BULKHEADS AND REVETMENTS Section 26 Designated Port Areas Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries 0 Construction of seawalls, bulk- 1. Bestpractical measures to meet Sec. 26(3) heads and revetments are likely to adversely affect water quality N The construction should be accomplished as a Identification of measures being by generating turbidity in the quickly as possible using the most efficient and taken to reduce turbidity. area. practicable equipment. Storm damage prevention and a The placement of seawalls, bulk- 1. Best practical measures to meet Sec. 26(4) flood control heads and revetments within desig- nated port areas is not likely to 0 No conditions are necessary. have an adverse effect to storm damage prevention and flood control. SEAWALLS, ETC. 87 SEAWALLS, BULKHEADS AND REVETMENTS SECTION 27 COASTAL BEACHES and SECTION 29 BARRIER BEACHES Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- Porated into an Order of Conditions Storm damage prevention and m Seawalls, revetments or bulk- Measures to meet performance standards of flood control heads on coastal beaches reflect "no adverse effect " Sec. 270) wave energy and thereby increase erosion and change the volume a There are no conditions to prevent this adverse and form of adjacent or down- effect, therefore, seawalls, revetments, and bulk- drift coastal beaches. heads should not be permitted on coastal beaches, with the following exceptions: m when a seawall, revetment, or bulkhead is per- mitted on a coastal bank and its base must be on a coastal beach, it may be permitted - see conditions for building seawalls, revetments, and bulkheads on coastal banks and conditions to protect marine fisheries below. m the base of the seawall, bulkhead, or revetment must be located as close as possible to the coastal bank. Protection of marine fisheries (Tidal flats) 1. Best available measures to meet Sec. 27(6) a The process of construction of mWhen a seawall, revetment or bulkhead is per- seawalls, bulkheads, and revet- mitted on a coastal bank and its base must be on a ments may adversely effect tidal flat, it may be permitted subject to the marine fisheries and shellfish by following additional conditions: increasing turbidity levels and, when the sediment settles out, by n siltation curtains should be used to completely altering the distributions of sedi- contain the sediment to turbidity plume caused by ment grain size in nearby tidal construction where conditions permit. flats m the base of the seawall, bulkhead or revetment must be located as close as possible to the coastal bank. 88 SEAWALLS, ErC. SEAWALLS, BULKHEADS AND REVETMENTS SECTION 30 COASTAL BANKS A. Coastal banks which supply sediment to coastal beaches, coastal dunes, or barrier beaches Interest to be Protected Adverse Effects to interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and 1. Sec. 30(3) 1. Best available measures to meet Sec. 30(3) flood control � Bulkheads, seawalls and revet- N No bulkhead revetment or seawall can be designed Documentation of the storm ments prevent the removal of to prevent this adverse effect. Therefore, no sea- damage threat to a structure. sediments from the bank to wall, revetment or bulkhead may be permitted on This should include historic mea- supply the coastal dune or barrier a coastal bank which supplies sediment to coastal surement of bank retreat and an beach. These activities also alter beaches, coastal dunes or barrier beaches, with estimate of the time to structural wave action which may adversely the following exceptions: collapse. alter the volume and form of adjacent and downdrift beaches. s when a bulkhead, revetment or seawall is Detailed plans and construction needed to prevent storm damage to a building specifications. � Stabilizing vegetation may be constructed or for which a Notice of Intent was damaged or destroyed during filed prior to August 10, 1978, it may be con- nDocumentation as to when the construction. structed under the following conditions: building was constructed or when Notice of Intent was filed. m The slope of a protective seawall, bulkhead or revetment should be less steep than a 3:1 slope. A 0NOTE: Buildings which were steeper slope will require that sediment be added constructed prior to August 10, on a periodic basis to insure that the form and 1978 or for which a Notice of volume of the fronting coastal beach are not Intent was filed prior to that changed. date, and have been reconstructed but not enlarged by more than 0 The face of the structure should be rough, as 50% of the original floor area, opposed to smooth to minimize reflected wave are included in this exception. energy. 0Where beach nourishment is w The structure shall overlap onto the fronting required, evidence of a legal com- coastal beach, or land under the ocean, only to the mittment to provide for periodic extent necessary to achieve structural stability and replenishment. desired slope. mDocumentation showing the 0 No more than the minimum amount of fill to minimum amount of backfilling achieve stability of the structure shall be required to provide structural permitted. stability of the bank and the pro- posed structure. m Destroyed or damaged vegetation shall be replaced after completion of the structure. nA justification by the applicant that there is no way other than 0 Hay bales, mulch, or nets shall be used during the proposed structure to protect construction and up till the time new vegetation the building. Among alternatives takes hold to minimize erosion. which should be considered are moving the structure, terracing and protective plantings. SEAWALLS, ErC. 89 SEAWALLS, BULKHEADS AND REVETMENTS B. Coastal Banks which are a vertical buffer to storm Section 30 Coastal Banks damage or flooding and do not Provide sediment to coastal beaches, coastal dunes, or barrier beaches. Interest to be Protected Adverse Effects to interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and flood 0 Bulkheads, seawalls, and revet- 1. Measures to meet performance standard of control ments may transfer runoff to "no adverse effects " Sec. 30(6) adjacent, unprotected coastal banks, thereby causing erosion m Depending upon the site, the following may be m Calculations showing the amount and destabilizing them. appropriate: and directions of runoff, and a detailed plan showing how the n Bulkheads, seawalls, and revet- m Vegetation to diffuse runoff and stabilize bank. increased runoff will be ments may prevent groundwater accommodated. seepage from the bank face. This m Spillways to accommodate the runoff. groundwater backup could result in the collapse and slumping of the m Berms or other techniques to divert surface water m Calculations showing the amount bank. Clay seams in glacial till, if landward from the top of the bank may be and direction of runoff, and a present, may exacerbate the employed. detailed plan showing how the problem by increasing a perched runoff will be accommodated. water table behind the structure. a The revetment, bulkhead, or seawall should con- n Calculations showing the amount s Stabilizing vegetation may be tain sufficient weep-holes toward the base of the of groundwater backup expected damaged or destroyed during structure to allow groundwater to drain. and a plan showing the location construction. and size of the weep-holes. m Where clay seams are present, more extensive de- N Geologic information indicating watering is likely to be required. If sufficient whether or not clay seams are dewatering techniques, or berms to direct runoff, present; calculations, showing the are not feasible to prevent a decrease in bank amount of groundwater backup stability, the proposed structure should be denied. expected and how this will be removed from the bank. 90 SEAWALLS, ETC. SEAWALLS, BULKHEADS AND REVETMENTS Section 31 Rocky Intertidal Shores Interest to be Protected Adverse Impacts to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and n Seawalls, revetments, and bulk- 1. Bestpractical measures to meet Sec. 3](3) flood control heads on rocky intertidal shores may reflect wave energy such that m The structure shall be designed, where possible, to N Location of adjacent beaches or erosion may increase on adjacent not reflect wave energy toward adjacent beaches structures. beaches (if any) and adjacent or structures. land under the ocean. Adjacent m Calculations of existing and pro- structures may also be subject to posed amount and direction of increased wave attack caused by wave energy reflected toward the reflected wave energy. adjacent beaches or structures. Protection of marine fisheries 0 Seawalls, revetments, and bulk- 1. Best available measures to meet Sec. 3](4) heads are not likely to adversely effect marine fisheries by E No conditions are required with respect to the changing water circulation and protection of marine fisheries. water quality. SEAWALLS, ETC. 91 SEAWALLS, BULKHEADS AND REVETMENTS Section 34 Land Containing Shellfish - Non-DMF Mapped Area Only Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of land containing shell- 0 Destruction of shellfish 1. Measures to meet performance standard of fish and marine fisheries "no adverse effect" Sec. 34(4) and 34(6) 0 In addition to the conditions listed under land under the ocean, tidal flats, and rocky intertidal shores, which relate to the protection of marine fisheries, the following conditions may be imposed in non-DMF mapped shellfish areas, if the issuing authority permits: a the shellfish shall be moved from the project site if DMF and the local shellfish constable approve both the moving and the site to which the shellfish are being moved. a No construction shall begin until the moving and replanting have commenced. m Shellfish shall be removed only from the area directly impacted by the project. n Land containing shellfish adjacent to the project shall not be compacted, and shall not be altered in relief or elevation. 92 SEAWALLS, ETC. SEAWALLS, BULKHEADS AND REVETMENTS Section 35 Fish Runs* Interest to be Protected Adverse Effects to Interests Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries 0 Seawalls, bulkheads, or revet- 1. Measures to meet performance standard of ments built on the banks of or on "no adverse effect" Sec. 35 (3) land under ponds, streams, rivers, lakes, or creeks which are m Identification of anadro- associated with anadromous/cat- mous/catadromous fish which adromous fish runs may: use the fish run and when they � impede the migration of fish E Require that DMF review the reduction of stream migrate by reducing the width and width and depth. If DMF approval is not obtained depth of the stream, river or by applicant, project may not be constructed. creek. It shall be presumed that any bulkhead or revetment will impede migration, so that DMF review is required. � change the rate of flow of s The rate of flow may not be changed so as to w Rate of flow during migration water in the fish run by impede migration. season before and after proposed changing the cross section of project. the stream, river, or creek. a Impair the capacity of spawn- m No spawning or nursery habitat shall be a Studies which clearly delineate ing or nursery habitats by destroyed. spawning and nursery areas. displacing them and by alter- ing current patterns or creating m Siltation curtains shall be used to completely m Plan, location, and specifications turbidity. contain sediments which may be stirred up as a for siltation curtains. result of construction, if conditions permit. 0 No construction shall be done between March 15 and June 15. *When a coastal bank or land under the ocean is associated with an anadromous/catadromous fish run, see the conditions for seawalls, bulkheads and revetments under those sections. SEAWALLS, ETC. 93 BREAKWATERS Definition /Acceptability A Breakwater is a structure used to protect a coastal area from the effects of waves and wave energy. Commonly, breakwaters are used in conjunction with navigational improvements in the protection of harbors or anchorages. Breakwaters are classified as either "offshore" or "shore- connected." Offshore breakwaters have no physical connection with the shoreline. Shore connected breakwaters have one arm that extends to shore and acts more or less like a jetty, in providing a total barrier to the movement of littoral drift. Breakwaters may be rubble mound, composite, concrete- caisson, sheet-piling cell, crib or mobile. Most breakwaters in Massachusetts are of the rubble-mound type as illustrated in the accompanying photo. Activity Acceptability Toble This table indicates in which Resource Area non-floating breakwaters are or are not likely to be able to be conditioned to meet the performance standards set forth in the Illustration 38: Shore-connected rubble mound breakwater Regulations. Resource Area Acceptability Land Under the Ocean Section 25 may be conditioned in limited situations. Designated Port Areas Section 26 unlikely to be proposed. Coastal Beaches Section 27 unlikely to be proposed. Coastal Dunes Section 28 unlikely to be proposed. Barrier Beaches Section 29 unlikely to be proposed. Coastal Banks Section 30 unlikely to be proposed. Rocky Intertidal Shores Section 31 unlikely to be proposed. Salt Marshes Section 32 unlikely to be proposed. Land Under Salt Ponds Section 33 unlikely to be proposed. Land Containing Shellfish Section 34 not likely to be acceptable in DMF mapped shellfish areas. Non-floating breakwaters will adversely affect productivity of such areas which is not allowed under Sec. 34(4). Likely to be conditioned in non-DMF mapped shellfish areas. 94 BREAKWATERS Fish Runs Section 35 unlikely to be proposed. BREAKWATERS Section 25 Land Under the Ocean Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards. the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and flood 0Both offshore and shore- 1. Measures to meet performance standards of control connected breakwaters interrupt "no adverse effect" Sec. 25(5). longshore sediment transport processes by reducing or absorb- mThere are no measures to reduce the adverse N Coastal engineering, physical ing wave energy that would other- effects to the required level of "no adverse oceanographic, and/or coastal wise serve as the necessary effect." Therefore, breakwaters should be geologic information showing the driving force for longshore sedi- denied except in the following circumstances: impact of the proposed structure ment movement. on on-shore flood and storm damage conditions. N -Breakwaters proposed fronting an area having m Detailed plans and specifications no net littoral drift (equal drift in each direction) for the breakwater and sand by- are acceptable provided a sand bypass system is pass system. Information indi- designed to transfer sediment in both directions. cating the gross and net volume and rate of littoral drifting in the area before the breakwater is built and estimates of the rate and volume expected after it is built. m A schedule for periodic sediment nourishment, if necessary. Protection of marine fisheries N Breakwaters that are allowed on 1. Best available measures to meet Sec. 25(b) land under the ocean are not likely to have an adverse effect n None required for breakwaters. on marine fisheries. BREAKWATERS 95 BREAKWATERS Section 34 Land Containing Shellfish Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incorpor- ated into an Order of Conditions Protection of land containing a Breakwaters, in any portion of 1. Measures to meet performance standard of shellfish and marine fisheries any Resource Area which con- "no adverse effect" Sec. 34(4). tains shellfish, may alter the productivity of such land by m In a DMF mapped shellfish bed (34(3)(a)), there 0 Map of DMF shellfish beds in altering water circulation, relief are no measures which will make breakwaters the vicinity of the proposal. or elevation of the existing meet the "no adverse effect" standard. Resource Area containing shell- fish, or water quality. The con- m In a non-DMF mapped shellfish area (34(3)(b)) struction process of installing breakwaters may be permitted under the follow- breakwaters may also adversely ing conditions: affect water quality by increasing turbidity levels in the area. m that the shellfish in the area in which the m Proposed location of relocated breakwater is proposed are relocated in a shellfish and evidence of DMF manner and to a suitable location and approved and shellfish constable approval by DMF and the shellfish constable. of such area. n siltation curtains designed and employed so as m Plan and specifications for to preclude the transport of sediment from the siltation curtains. construction site onto other areas of the shellfish bed shall be employed, where physical conditions permit. 96 BREAKWATERS GROINS Definition A Groin is a structure built of rock, steel, timber or concrete that is used to modify longshore sediment transport. It is generally built perpendicular to the shoreline. Groins are narrow structures but their length can vary depending upon the configuration of the coast where it is built. Groins are classed as permeable or impermeable, high or P -C@@ low, long or short, fixed or adjustable, and permanent or temporary. Groins are used to build a protective beach by trapping sediment along a portion of shoreline where little beach exists. They are also used to retard erosion of existing or restored beaches. Historically groins have been considered necessary when certain updrift conditions have cut off the natural supply of sand feeding downdrift areas. For example, when natural erosion of bluffs or cliffs is halted, sediment starvation occurs in downdrift areas. Downdrift beaches start to disappear because their source of sediment is curtailed. Illustration 39: Groin Groins have traditionally been built in such cases to trap what little moving sediment remained. The usual result has been that while sediment was trapped immediately updrift of the groin, almost none was left to replenish downdrift areas. This resulted in the creation of "groin fields," where each property owner installed separate groins in an attempt to catch whatever sand was available. Since groins do not address the initial cause of the decrease in littoral drift, i.e., a blockage of sediment transport form the source, groins have often produced P unsatisfactory results. Illustration 40: Groin field GROINS 97 GROINS Acceptability Activity Acceptability Table This table indicates in which Resource Area groins are or are not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 may be conditioned in limited situations. Designated Port Areas Section 26 unlikely to be proposed. Coastal Beaches Section 27 may be conditioned in limited situations. Coastal Dunes Section 28 unlikely to be proposed. Barrier Beaches Section 29 may be conditioned in limited situations. Coastal Banks Section 30 unlikely to be proposed. Rocky Intertidal Shores Section 31 likely to be conditioned. Salt Marshes Section 32 unlikely to be proposed. Land Under Salt Ponds Section 33 unlikely to be proposed. Land Containing Shellfish Section 34 unlikely to be acceptable in DMF mapped shellfish areas: groins adversely affect such land and marine fisheries which is not permitted under Sec. 34(4). Likely to be conditioned in non-DMF mapped shellfish areas. Fish Runs Section 35 unlikely to be proposed. 98 GROINS GROINS Section 25 Land Under the Ocean Interest to be Protected Adverse Impacts to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Groins interrupt longshore sedi- L Measures to meetperformance standard of flood control ment movement so as to decrease "no adverse effect" Sec. 25(5) the volume of downdrift coastal beaches and deepen nearshore w There are no measures to reduce the adverse m Demonstration that there are no land under the ocean. Longshore effects to the required level in most cases. There- downdrift beaches within the movement is terminated because fore, groins shall be denied except in the following littoral system of the proposed groins are both a barrier to the circumstances: project. movement and they interfere with waves which are the necessary driving force for longshore sedi- beach construction or nourishment projects ment movement. where there are no downdrift beaches to be starved of sediment movement along the shore. Under this exception, the following conditions must be met: a groins must be filled to entrapment capacity with sediment compatible with beach sediment at the site. Protection of marine fisheries a Groins that are allowed above are 1. Best available measures to meet Sec. 25(6) not likely to have an adverse effect on marine fisheries. n None required for groins GROINS 99 GROINS Section 27 Coastal Beaches and Section 29 Barrier Beaches Interest to be Protected Adverse Impacts to Interest Conditions Required to Information Required to Develop Minimize Adverse Impacts the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and E Groins adversely effect the 1. Measures to meet Performance standard of flood control volume and form of downdrift "no adverse effect" Sec. 2 7(3) coastal beaches, by creating a barrier to longshore sediment 0 There are no measures to reduce the adverse w A demonstration that there are movement, and by interfering effects to the required level. Therefore, groins no downdrift beaches within the with waves which are the driving shall be denied, except in the following littoral system of the proposed force necessary for longshore circumstances: project. sediment movement. * 1. Beach construction or nourishment projects where there are no downdrift beaches to be starved of sediment movement along the shore. Under this exception, the following conditions must be met: m Groins must be filled to entrapment capacity a A demonstration that the sedi- with sediment compatible with the beach sediment ment proposed for nourishment upon adjacent areas. is compatible with the existing beach sediment. * 2. When the coastal beach form has already been altered by an offshore breakwater located parallel to the shoreline, the breakwater tends to cause buildup of sediment behind the structure (see breakwater). To lessen the volume of sediment buildup behind the breakwater, a groin or groins could be placed updrift of the breakwater shadow. Protection of marine fisheries m Groins adversely affect the 1. Best available measures to meet Sec. 27(6) marine fisheries value of the tidal m Studies of existing and proposed flat portion of coastal beaches m Where groins are allowed under exception #2 water circulation in the area and barrier beaches by altering above, the length of the groin shall be such that no potentially affected by placement the water circulation. stagnation in the area behind the breakwater is of the groin. created. 100 GROINS GROINS Section 31 Rocky Intertidal Shores Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and n Groins placed on rocky intertidal 1. Bestpractical measures to minimize adverse flood control shores are likely to have an effects (Sec. 3](3) adverse effect on the form and volume of exposed intertidal bed- m Groins shall be located so as not to focus reflected n Construction plans and rock and boulders, generally wave energy to nearby existing structures. specifications. causing a diminishment in the rocky shores' ability to diffuse m Direction of storm wave and absorb wave energy. This approach. causes focusing or reflecting wave energy to other areas. Protection of marine fisheries m Rubble mound groins placed on 1. Best available measure to meet Sec. 3](4) rocky intertidal shores are not likely to have an adverse effect N None required for rubble mound groins. on water circulation and water quality. Section 34 Land Containing Shellfish Interest to be Protected Adverse Impacts to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of land containing shell- m Groins in any portion of any Re- 1. Measures to meet performance standard of fish and marine fisheries source Area which contains shell- "no adverse effect" Sec. 34(4) fish may alter the productivity of such land by altering water circula- m In a DMF mapped shellfish bed (34(3)(a)) there 0 Map of DMF shellfish beds in tion, relief and elevation or water are no measures which will make groins meet the the vicinity of the proposal. quality. Construction of groins, "no adverse effect" standard. particularly, may adversely effect water quality by increasing turbidity m In a non-DMF mapped shellfish area (34(3)(b)), levels in the area. groins may be permitted under the following conditions: 0 that the shellfish in the area in which the groin 0 Proposed location of the re- is proposed be relocated in a manner and to a located shellfish and evidence of location suitable and approved by DMF and the DMF and shellfish constable shellfish constable. approval. E siltation curtains designed and employed so as a Plan and specification for to preclude the transport of sediment from the siltation curtain. construction site onto other areas of the shellfish bed shall be employed, where physical conditions permit. GROINS 101 JETTIES Definition /Acceptability The purpose of a jetty is to prevent shoaling which occurs when longshore sediment transport encounters an inlet. On the flood-tide materials are brought into the inlet. At ebb-tide, an outer bar is formed. Neither occurence is desirable when navi- gation is the primary need in the area. Thus, a jetty is con- structed on the updrift side of the inlet to completely trap the sand before it reaches the inlet. To be successful, the jetty must be of sufficient height to trap all of the sand movement and long enough to extend from the upper reaches of waves on a beach seaward to the terminus of the zone in which movement of littoral drift takes place. Because of this impoundment of the sand at the updrift jetty, the sand supply to downdrift areas is terminated, resulting in erosion of the downdrift beach. Illustration 41: Jetty Activity Acceptability Table This table indicates in which Resource Area jetties are or are not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 may be conditioned in limited situations. Designated Port Areas Section 26 unlikely to be proposed. Coastal Beaches Section 27 may be conditioned in limited situations. Coastal Dunes Section 28 unlikely to be proposed. Barrier Beaches Section 29 may be conditioned in limited situations. Coastal Banks Section 30 unlikely to be proposed. Rocky Intertidal Shores Section 31 likely to be conditioned. Salt Marshes Section 32 unlikely to be proposed. Land Under Salt Ponds Section 33 unlikely to be proposed. Land Containing Shellfish Section 34 not likely to be acceptable in DMF mapped shellfish areas; jetties adversely affect such land and marine fisheries which is not permitted under Sec. 34(4). Likely to be conditioned in non-DMF mapped shellfish areas. Fish Runs Section 35 unlikely to be proposed. 102 JETTIES TIES ction 25 Land Under the Ocean Aerest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to he Inicor- Storm damage prevention and a Jetties interrupt longshore sedi- 1. Measures to meetperformance standards Of porated into an Order of Conditions flood control ment movement so as to decrease "no adverse effect" Sec. 25(5) the volume of downdrift coastal beaches and deepen nearshore a Jetties may be placed within land under the ocean a Demonstration that the natural land under the ocean. to prevent shoaling of the inlet provided that: inlet is used for navigational purposes, or if an artificial inlet, n Longshore movement is that it was legally dredged prior terminated because jetties are to August 10, 1978. both a barrier to the movement of littoral drift and because they A sand by-pass system shall be designed to a Detailed plans and construction interfere with waves which are the accompany the proposal for construction of a specifications for the jetty and driving force for longshore sedl- jetty. The system shall be capable of transferring sand by-pass system. ment movement. trapped littoral drift to downdrift areas of land under the ocean. a if the length and height of the jetty necessary to a Calculations showing littoral prevent Wet shoaling also change the wave movement past the area in which energy delivered to coastal beaches and thereby the jetty is proposed. Calcula- reduces the net amount of littoral drift in the area, tions of resultant change in artificial nourishment shall also be required, in littoral movement. addition to sand by-passing, to return the net Evidence of legal responsibility to amount of littoral drift available to downdrift provide both for operation of areas of land under the ocean and coastal beaches sand by-pass system and for to that experienced prior to emplacement of the periodic nourishment. jetty system. a The jetty shall be the minim-am length necessary to help reduce the inlet from shoaling. Protection of marine fisheries * Jetties that are allowed under the L Best available measures to meet 25(6) above conditions on land under the ocean are not likely to have an B None required for jetties adverse effect on marine fisheries. JEMES 103 JETTIES Section 27 Coastal Beaches and Section 29 Barrier Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- Storm damage prevention and a Jetties adversely affect the vol- L Measures to meet performance standard of porated into an Order of Conditions flood control ume and form of downdrift "no adverse effects" Sec. 2 7(3) coastal beaches and barrier beaches by creating a barrier to 0 Jetties may be constructed on the coastal beach or longshore sediment movement, barrier beach portion of land contiguous to the and by interfering with waves inlet channel provided that the same conditions which are the driving force for listed under land under the ocean, above, are longshore sediment movement. complied with. Protection of marine fisheries m Jetties that are allowed above on 1. Best available measures to meet Sec. 27(6) coastal beaches or barrier beaches, are not likely to have an a None required for jetties. adverse effect on marine fisheries. 104 JMIES JETTIES Section 31 Rocky Intertidal Shores Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and n The section of a jetty that is 1. Best practical measures to minimize adverse flood control placed upon a rocky intertidal effects - Sec. 3](3) shore usually causes a reflection and focusing of wave energy to m Jetties shall be located so as not to focus reflected m Direction of storm wave other areas. wave energy to nearby existing structures. approach Protection of marine fisheries m The placement of a rubble 1. Best available measures to meet Sec. 3](4) mound section of jetty on a rocky intertidal shore is not likely n None required for jetties. to have an adverse effect on water circulation and water quality. JMIES 105 JETTIES Section 34 Land Containing Shellfish Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- Protection of land containing m Jetties in any portion of any 1. Measures to meet performance standard of porated into an Order of Conditions shellfish and marine fisheries Resource Area which contains "no adverse effect" Sec. 34 (4) shellfish may alter the produc- tivity of such land by altering w In a DMF mapped shellfish bed (34(3)(a)), there m Map of DMF shellfish beds in water circulation, relief or eleva- are no measures which will make jetties meet the the vicinity of the proposal. tion of the existing Resource "no adverse effect" standard. Area containing shellfish, or water quality. The construction m In a non-DMF mapped shellfish area (34(3)(b), process of installing jetties may jetties may be permitted under the following also adversely affect water qual- conditions: ity by increasing turbidity levels. a that the shellfish in the area in which the jetty is m Proposed location of the proposed be relocated in a manner and to a loca- relocated shellfish, and evidence tion suitable and approved by DMF and the of DMF and shellfish constable shellfish constable. approval. 106 JMIES BOARDWALKS, STAIRWAYS, PATHWAYS and FOUR-WHEEL DRIVE TRAILS Definition /Acceptability Boardwalks, Stairs, Pathways and Four-Wheel Drive (4WD) vehicle trails are common ly proposed activities on coastal wet- lands and need no formal definition. Examples of each of these activities are given in Illustrations 42 and 43. _74 3@ 71 @_@7 _7@ Illustration 42: Boardwalk Activity Acceptability Table Illustration 43: Four-wheel drive vehicle trail This table indicates in which Resource Area boardwalks, stairs, pathways, and four-wheel drive trails are or are not likely to be able to be conditioned to meet the performance standards set forth in the Regulations - Resource Area Acceptability Land Under the Ocean Section 25 unlikely to be proposed. Designated Port Areas Section 26 unlikely to be proposed. Coastal Beaches Section 27 likely to be conditioned. Coastal Dunes Section 28 likely to be conditioned. Barrier Beaches Section 29 likely to be conditioned. Coastal Banks Section 30 likely to be conditioned. Rocky Intertidal Shores Section 31 likely to be conditioned. Salt Marshes Section 32 likely to be conditioned. Land Under Salt Ponds Section 33 unlikely to be proposed. Land Containing Shellfish Section 34 may be conditioned in limited situations. Fish Runs Section 35 unlikely to be proposed. BOARDWALKS, ETC. 107 BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 27 Coastal Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and N Pathways constructed of fill, or of 1. Measures to meet performance standards of flood control fill and bituminous material, on "no adverse effect" Sec. 27(3) coastal beaches do not allow the beach to respond to wave action, mAll pathways on coastal beaches shall be con- 0 Construction plans and specifications resulting in a change in the form sidered temporary in nature. No fill, bitumen or of the coastal beach on which the concrete shall be allowed in the construction of pathway is located. Downdrift a pathway. beaches may also be adversely affected if the structure prohibits the transfer of sediments to down- drift areas. w Stairs built of stone or concrete on mOnly stairs of light wood construction should be coastal beaches (usually on beach allowed on coastal beaches. The stairs should be berms) have the same adverse supported on wooden piles. effect as described above. m In the same manner, overly large mThe use of boardwalks should be limited to the boardwalks securely anchored to backshore of the coastal beach, landward of the the coastal beach may modify the mean high water mark except where the coastal beach form and response to wave beach is a tidal flat located in a low energy en- action, thereby adversely affecting vironment such as within an estuary. The board- its statutory value. walks must be of wooden construction and sup- ported on wooden piers. The boardwalk should be designed to be temporary in nature, such that it can be moved in response to beach changes. The required temporary nature will also insure that in the event of removal or damage by storm wave action, the structure does not remain an obstacle to beach processes. (Continued) 108 BOARDWALKS, ETC. BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 27 Coastal Beaches (Continued) Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries w Pathways and boardwalks con- 1. Best available measures to minimize adverse structed on the tidal flat portion effects - Sec. 27(6) of a coastal beach may create areas of stagnation if pathways m No pathway shall be constructed on fill; all path- m Plans and specifications for the are built using fill construction, ways shall be constructed as boardwalks of light boardwalk. or if boardwalks are supported wooden construction supported on wooden on piers or pilings dense enough pilings spaced no closer than twenty (20) times the to alter circulation of water over diamter of the pilings. The superstructure of the the surface of the tidal flat. boardwalk must be elevated so as to be no closer than one (1) foot above the highest spring tide expected. w The construction process used to 2. Best available measure to minimize adverse install boardwalks on the tidal effects - Sec. 27(6)(c) flat portion of a coastal beach may adversely affect marine m The construction of boardwalks allowed on the fisheries by changing water tidal flat portion of coastal beaches shall not dis- quality, particularly turbidity. turb any portion of the flat except for the immed- iate area of the boardwalk. Construction of a boardwalk out onto a tidal flat shall be accom- plished by working out from and upon completed sections of the boardwalk. No construction equipment shall be allowed to traverse the tidal flat directly, or upon emplaced fill for the purpose of constructing the boardwalk. BOARDWALKS, ErC. 109 BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 28 Coastal Dunes Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Construction of excessively wide 1. Measures to meet performance flood control. pathways on coastal dunes causes standard of "no adverse effect" stabilizing dune grass to be Sec. 28(3) removed, increasing the potential of destabilizing the coastal dune, m Pathways on a coastal dune shall w Construction plans and specifi- or creating a "blow-out." generally be no wider than four cations, showing proposed loca- (4) feet. The coastal dune shall tion of the structure relative to m Boardwalks or stairways of sub- not be stabilized under the the coastal dunes, coastal stantial nature may interfere with proposed pathway. beaches, and land under the the landward or lateral movement ocean, in the area. of a coastal dune. They may also Boardwalks or stairways may be interfere with the ability of waves permitted provided that: to remove sand from the dune. s The stairway is no wider than four (4) feet and of wooden construction. Section 29 Barrier Beaches - See Coastal Beaches and Coastal Dunes I 10 BOARDWALKS, ETC. BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 30 Coastal Banks A. Coastal Banks that supply sediment to coastal beaches, coastal dunes, or barrier beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and a Boardwalks and stairways con- 1. Measures to meet performance standard of flood control. structed on eroding coastal banks "no adverse effect" Sec. 30(4) may interfere with the supply of The construction of any pathway, boardwalk or n Detailed plans and sediment to coastal beaches. stairway on an eroding coastal bank shall be specifications. considered temporary in nature. B. Coastal Banks that act as a vertical buffer to storm waters Storm damage prevention and m The use of four-wheel drive (4wd) 1. Measures to meet performance standard of flood control vehicles and "dune buggies" on "no adverse effect" Sec. 30(6) stable coastal banks that act as buffers to storm waters may w Trails for 4WD vehicles or "dune buggies" upon m A detailed plan and construction disturb the vegetation or otherwise coastal banks shall be designed and constructed so specifications of the proposed destabilize the coastal bank. as to prevent erosion of any material from the coastal banks crossing area, coastal banks. showing, in particular, steps to be taken to insure against bank erosion or destabilization. BOARDWALKS, ErC. I I I BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 31 Rocky Interildal Shores Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and 0 Stairways, pathways or board- I. Best practical measures to minimize adverse flood control walks on rocky intertidal shores effects - Sec. 3](3) are unlikely to have an adverse effect on the values of storm m None required for stairways, pathways or damage prevention and flood boardwalks. control. Protection of marine fisheries n Stairways, pathways or board- 1. Best available measures to meet Sec. 31(4) walks on rocky intertidal shores are unlikely to have an adverse n None required for stairways, pathways or effect on marine fisheries by boardwalks. adversely affecting water circula- tion or water quality. 112 BOARDWALKS, ErC. BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 32 Salt Marshes Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries m Pathways through salt marshes 1. Measures to meet performance standard of constructed on fill will destroy a "no adverse effects" Sec. 32 (3) portion of the marsh underlying the fill. Likewise, pathways at m There are no measures which will make construc- m Construction specifications. grade will result in loss of salt tion of pathways on fill or at-grade meet the per- marsh vegetation by trampling. formance standard of "no adverse effect." There- fore construction of pathways using fill, or at- � Wide, low boardwalks constructed grade, in salt marshes is not permitted. All path- in salt marshes do not allow ways shall therefore be constructed as boardwalks. sunlight to reach the marsh plants, resulting in a loss of productivity m Boardwalks within salt marshes shall be of of the salt marsh below the wooden construction, supported on wooden boardwalk. pilings, spaced no closer than twenty (20) times the diameter of the piling. The superstructure of � Use of four wheel drive vehicles or the boardwalk must be elevated so as to be no "dune buggies" on salt marshes closer than one (1) foot above the highest spring adversely affects marsh produc- tide expected. Boardwalks should be more than tivity by destroying vegetation, four (4) feet wide. compacting the soil, and creating ruts which subsequently fill with m No vehicles should be permitted on the marsh water and do not allow for proper except on pads or swamp mats. growth of salt marsh cordgrass. a Construction should be performed during the � The construction process used to non-growing season of the marsh grasses. install boardwalks on salt marshes may adversely affect the m There are no measures which will make use of productivity of a salt marsh by 4WD or other vehicles in salt marshes meet the compaction, or through changes in performance standard of "no adverse effect." water quality, particularly Therefore, this activity or use is not permitted, turbidity, generated by the con- and, if proposed, is to be denied. struction process. m The construction of boardwalks allowed within salt marshes shall not disturb any portion except for the immediate area of the boardwalk. Con- struction of a boardwalk out onto a salt marsh shall be accomplished by working out from and upon completed sections of the boardwalk. No vehicles should be permitted on the marsh except on pads or swamp mats. n Construction should be performed during the (Continued) non-growing season of the marsh grasses. BOARDWALKS, ETC. 113 BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 32 Salt Marshes (Continued) Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Pathways, boardwalks and four- 1. Measures to meet performance standard of flood control wheel drive (4WD) vehicle trails "no adverse effect" Sec. 32(3) destroy portions of the salt marsh, altering its resistance to m Compliance with the conditions required for pro- erosion and ability to dissipate tection of marine fisheries, above, will insure pro- wave energy. tection of the storm damage prevention and flood control values of salt marshes. Prevention of pollution m Pathways, boardwalks, and four- 1. Measures to meet performance standard of wheel drive (4WD) vehicle trails "no adverse effect" Sec. 32(3) destroy portions of the salt marsh, altering the ability of salt m Compliance with the conditions required for marsh plants and substrate to re- protection of marine fisheries, above, will insure move pollutants from surround- protection of the prevention of pollution value of ing waters. salt marshes. Groundwater supply n Pathways, boardwalks and four- 1. Measures to meet performance standard of wheel drive (4WD) vehicle trails "no adverse effect" Sec. 32(3) destroy portions of the salt marsh and underlying peat which serves m Compliance with the conditions required for pro- as a barrier between fresh tection of marine fisheries, above, will insure pro- groundwater landward of the salt tection of the fresh groundwater supply value of marsh and the ocean. salt marshes. 114 BOARDWALKS, ETC. BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 34 Land Containing Shellfish Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of land containing shell- a Trails for four-wheel drive 1. Measures to meet performance standard of fish and marine fisheries vehicles (4WD) or "dune "no adverse effect" Sec. 34(4)(c) buggies" on any Resource Area also classified as land containing m In a DMF mapped shellfish bed, there are no mea- m A plan of the proposed area in shellfish may adversely affect sures which will make 4WD trails meet the "no which use of 4WD vehicles or such land or marine fisheries by a adverse effect" standard; therefore, pathways are "dune buggies" is proposed. change in productivity caused by not permissable. compaction of sediments. m In a non-DMF mapped shellfish bed, such path- m Proposed location of relocated ways may be permitted under the following shellfish and evidence of DMF and conditions: shellfish constable approval. m that the shellfish in the area in which use of these vehicles is desired be relocated in a manner and to a location suitable and approved by DMF and the shellfish constable. w Pathways constructed on fill on 2. Measures to meet performance standard of any Resource Area also classified "no adverse effect" Sec. 34(4)(a)(b) as land containing shellfish adversely affect the productivity w In either a DMF or non-DMF mapped shellfish of such areas by altering water bed, there are no measures which will make the circulation, causing stagnation. use of fill to construct pathways meet the "no Fill also alters the relief and ele- adverse effect" standard. All pathways through vation of a shellfish bed. Board- mapped shellfish beds shall be of boardwalk type walks supported by use of num- construction provided that: erous piers or pilings may alter circulation of water over the sur- m the boardwalk is of wooden construction, sup- face of land containing shellfish. ported on wooden piles and no wider than four (4) feet. m the spacing of the support piles shall be no closer than twenty (20) times the diameter of the piling. m the superstructure of the boardwalk must be m Plans and specifications for the elevated so as to be no closer than one (1) foot proposed boardwalk above the highest spring tide expected. (Continued) BOARDWALKS, ETC. 115 BOARDWALKS, STAIRWAYS, PATHWAYS AND FOUR-WHEEL DRIVE TRAILS Section 34 Land Containing Shellfish (Continued) Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions n The construction process used to 3. Measures to meet performance standard of install boardwalks in Resource "no adverse effect" Sec. 34(4)(f) Areas also classified as land con- taining shellfish may adversely N The construction of boardwalks allowed upon n An outline of detailed construc- affect the productivity of such Resource Areas classified as land containing shell- tion procedures proposed to be areas by changing water quality, fish shall not disturb any portion of such land used for the installation of the particularly turbidity. except for the immediate area of the boardwalk. boardwalk. Construction of a boardwalk out onto or over land containing shellfish shall be accomplished by working out from and upon completed sections of the boardwalks. No construction equipment is allowed to traverse land containing shellfish directly or upon emplaced fill, for the purpose of constructing the boardwalk. 116 BOARDWALKS, ETC. PIERS, DOCKS, WHARVES, FLOATS, PILES and DOLPHINS Definition Piers are structures extending out from shore to the water to serve as a landing place or as a recreational facility in itself. Floats are buoyant structures, anchored or free floating, that serve as a place where vessels may discharge or receive passengers. Wharves are like piers, but usually connote a structure of substantial size, and are generally fixed in that they do not rise and fall with the tide. Piles are long heavy timbers or sections of concrete or SS metal driven or jetted into the earth to serve as a support for a coastal facility such as a pier or wharf, or for support of roadways or pipelines crossing coastal wetlands. Sheet Piles are pilings having a generally flat cross- section, which when interlocked with each other, form a con- tinuous wall or support that are used for a variety of coastal structures. A dolphin is a cluster of piles, generally of timber or con- i crete lashed or otherwise bonded together, which serve as protection to shoreline features from the effects of ice or from errant water vessels. Dolphins are also used to secure vessels as an anchorage. Illustration 45: Commercial activity atop wharf built on piers J Sz J;'01 Illustration 44: Pier on piles with adjacent floating pier PIERS, DOCKS, ErC. 117 PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Accepiability Activity Acceptability Table This table indicates in which Resource Areas piers, docks, wharves, floats, piles, and dolphins are or are not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 likely to be conditioned. Designated Port Areas Section 26 likely to be conditioned. Coastal Beaches Section 27 likely to be conditioned. Coastal Dunes Section 28 unlikely to be proposed. Barrier Beaches Section 29 likely to be conditioned. Coastal Banks Section 30 likely to be conditioned. Rocky Intertidal Shores Section 31 likely to be conditioned. Salt Marshes Section 32 likely to be conditioned. Land Under Salt Ponds Section 33 likely to be conditioned. Land Containing Shellfish Section 34 likely to be conditioned. Fish Runs Section 35 likely to be conditioned. 118 PIERS, DOCKS, ETC. PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Section 25 Land Under the Ocean Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Piers, docks, wharves, floats, 1. Measures to meet performance standard of flood control piles, and dolphins may interrupt "no adverse effect" Sec. 25 (5) sediment movement by acting as a barrier to the sediment move- m Piers, etc. should be designed with piles a Calculations of existing wave ment or by interfering with waves adequately spaced and sized so as to allow most energy and the wave energy that which are the driving force for wave energy to pass through them. will be expected through the sediment movement. The effect project area should be required may be to deepen the nearshore for projects where the volume of land under the ocean which may all pilings below mean high water increase the height of waves added together is greater than impacting the shore and/or inter- 5% of the total water volume rupt the natural sediment replen- beneath the pier during mean ishment of coastal beaches. high water. Protection of marine fisheries 1. Best available measures to meet performance of Sec. 25(6) � Piers, etc. eliminate a corres- m Pier construction should avoid eel grass beds. m Mapping of eel grass beds. ponding area of substrate as habitat for benthic organisms. � Short term negative impacts pro- 0 When turbidity from construction is anticipated a Sediment grain size analysis for duced by the construction of to be a problem (e.g., working on fine grain bot- "large" projects. piers, etc. result in turbidity and toms), construction techniques which produce the siltation. least turbidity, or use of siltation curtains or both must be employed. � Wood preservative treatments m Non-leaching wood preservatives must be used for n Identification of wood preserva- may leach into the surrounding any wooden portion of the structure below mean tives used in construction water, resulting in a degradation high water. materials, if any. of water quality. � Piers, etc. may create areas of n Piers, etc. should be designed with piles a Description of water currents in stagnation by interfering with the adequately spaced and sized so as to allow the vicinity of the proposed circulation of tidal waters. water to pass relatively unimpeded through project. them. 119 PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Section 26 Designated Port Areas Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and a Piers, piles, etc., are unlikely to n No conditions are necessary. flood control. have an adverse effect on storm damage prevention in designated port areas. Protection of marine fisheries 1. Best practical measures to meet Section 26(3) v Piers, piles, etc., which are too a Space piles as far apart as practical for the 0 Description of pile installation close together may alter water structure being built, in no case less than 10 feet procedures. circulation and cause areas of apart. stagnation, thereby adversely affecting water quality. w Installation of piles, piers, etc., w Construction shall be completed as quickly as may cause turbidity and sedimen- possible to minimize the amount of turbidity and tation during the construction sedimentation. process. 120 PIERS, DOCKS, EfC. PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Section 27 Coastal Beaches and Section 29 Barrier Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Minimize the Adverse Impacts the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and 1. Measures to meetperformance standards of flood control "no adverse effect" Sec. 2 7(3) � Piers, etc. may adversely affect the mPiers, etc. should be designed with piles mCalculations of existing wave volume and form of downdrift adequately spaced and sized so as to allow long- energy and the wave energy that coastal beaches by creating a shore littoral drift to continue. will be expected through the barrier to longshore sediment project area should be required movement, and by interfering with for projects where the volume of waves which are the driving force all pilings below mean high water for longshore sediment movement. added together is greater than 507o of the total water volume beneath the pier during mean high water. mMap of eel grass beds. Protection of marine fisheries 1. Measures to meet performance standards of "best available effect" Sec. 2 7(6) � Piers, etc. may create areas of a Piers, etc. should be designed with piles m Description of water currents in stagnation by interfering with the adequately spaced and sized so as to allow water the vicinity of the proposed circulation of tidal waters. to pass relatively unimpeded through them@ project. � Piers, etc. eliminate a corres- mPier construction should avoid eel grass beds. mMap of eel grass beds. ponding area of substrate as habitat for benthic organisms. � Short term negative impacts wWhen turbidity from construction is anticipated produced by the construction of to be a problem (e.g., working on fine grain bot- piers, etc. result in turbidity and toms), construction techniques which produce the siltation. least turbidity, or use of siltation curtains or both must be employed. � Wood preservative treatments mNon-leaching wood preservatives must be used for m Identification of wood preserva- may leach into the surrounding wood construction materials. tives used in construction water resulting in a degradation materials, if any. of water quality. PIERS, DOCKS, ETC. 121 PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Section 30 Coastal Banks A. Coastal Banks that supply sediment to coastal beaches, coastal dunes, or barrier beaches. Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions 1. Measures to meet performance standard oj- "no adverse effect" Sec. 30(3) Storm damage prevention and @ Piers, piles, etc., with bank n The construction of any pier, pile, etc., on an m Detailed plans and construction flood control. stabilization structures as part of eroding coastal bank shall be considered specifications the design to prevent them from temporary in nature. No bank stabilization struc- being undermined interfere with ture shall be allowed - See Sec. 30(5). sediment supply to coastal beaches. B. Coastal Banks that act as a vertical buffer to storm waters Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention a The construction process may 1. Measures to meet performance standard of and flood control disturb vegetative cover or other- "no adverse effect" Sec. 30(6) wise destabilize the bank. n Use erosion control measures such as vegetation m Detailed erosion control plans. so that no erosion occurs. 122 PIERS, DOCKS, ErC. PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Section 31 Rocky Intertidal Shores Interest to be Protected Adverse Effects to Interest Conditions Required to Minimize Information Required to Develop the Adverse Impacts the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries 1. Measures to meet performance standards of "best available measures" Sec. 3](4) w Piers, etc., may create areas of m Piers, etc., should be designed with piles w Description of water currents in stagnation by interfering with the adequately spaced and sized so as to allow water the vicinity of the proposed circulation of tidal waters. to pass relatively unimpeded through them. project. w. Piers, etc., eliminate a corres- w Pier construction should avoid w Map of eel grass beds. ponding area of substrate as eel grass beds. habitat for benthic organisms. � Short term negative impacts pro- w When turbidity from construction is anticipated duced by the construction of (e.g., working on fine grain bottoms), construc- piers, etc., result in turbidity and tion techniques which produce the least turbidity, siltation. or use of siltation curtains or both must be employed. � Wood preservative treatments w Non-leaching wood preservatives must be used for a Identification of wood preserva- may leach into the surrounding wood construction materials. tives used in construction water, resulting in a degradation materials if any. of water quality. Storm damage prevention and 1. Best practical measures to meet Sec. 31(3) flood control. � Piers and pilings are unlikely to a No conditions are necessary. have an adverse effect on the form and volume of exposed intertidal bedrock and boulders. PIERS, DOCKS, ETC. 123 PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Section 32 Salt Marshes Section 33 Land Under Salt Ponds* Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- Protection of land containing shell- 1. Best practical measures to meet Sec. 32(3) porated into an Order of Conditions fish and marine fisheries n Piers, etc. in salt marshes do not m Piers, etc. within salt marshes shall be of wooden allow sunlight to reach the marsh construction, supported on wooden pilings, plants, resulting in a loss of pro- spaced no closer than twenty (20) times the ductivity of the salt marsh below diamter of the piling. The superstructure of the the structure. pier or wharf must be elevated so as to be no closer than one (1) foot above the highest spring tide expected. The superstructure must be designed so that no area beneath it is completely shielded from direct sunlight. w The construction process used to m The construction of pilings allowed within salt m An outline of detailed construc- install the proposed facility on marshes shall not disturb any portion except for tion procedures proposed to be salt marshes may adversely affect the immediate area of the piling. Construction of used for installation of the super- the productivity of a salt marsh by a pier, etc., in a salt marsh shall be accomplished structure upon the pilings. compaction. by working out from and upon completed sections. No construction equipment shall be allowed to traverse the salt marsh directly or upon emplaced fill for the purpose of constructing the facility. Storm damage prevention and n Installation of pilings in a salt 1. Measures to meet performance standard of flood control marsh may disturb the peat "no adverse effect" Sec. 32(3) layers, making the marsh edges more vulnerable to wave attack. a Compliance with the conditions required for pro- tection of marine fisheries, above, will insure pro- tection of the storm damage prevention and flood control values of salt marshes. Groundwater supply a The installation of piers, etc., 1. Measures to meet performance standard of may destroy portions of the salt "no adverse effect" Sec. 32(3) marsh and underlying peat which serves as a barrier between fresh a Compliance with the conditions required for pro- groundwater landward of the salt etction of marine fisheries, above, will insure pro- marsh, and the ocean. tection of the groundwater supply value of salt marshes. Prevention of pollution m Installation of piers, etc., may 1. Measures to meet performance standard of destroy portions of the salt "no adverse effect" Sec. 32(3) marsh, altering the ability of salt marsh plants and substrate to w Compliance with the conditions required for pro- remove pollutants from sur- tection of marine fisheries, avove, will insure pro- rounding waters. tection of the prevention of pollution value of salt Same as protection of marine marshes. fisheries chart on page 121. 124 PIERS, DOCKS, ETC. PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Section 34 Land Containing Shellfish Interests to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries 1. Measures to meet performance standards of "no adverse effect" Sec. 34(4) a Piers, etc., may create areas of m Piers, etc., should be designed m Description of water currents in stagnation by interfering with the with piles adequately spaced and the vicinity of the proposed project. water circulation sized so as to allow water to pass relatively unimpeded through them. m Piers, etc. eliminate a corres- ponding area of substrate as habitat for benthic organisms. a Short term negative impacts pro- a When turbidity from construction duced by the construction of is anticipated (e.g., working on piers, etc., result in turbidity and fine grain bottoms), construction siltation, techniques which produce the least turbidity, or use of siltation curtains or both must be employed. w Wood preservative treatments m Non-leaching wood preservatives a Identification of wood preserva- may leach into the surrounding must be used for wood construc- tives used in construction water resulting in a degradation tion materials. materials, if any. of water quality. w Sediments may be compacted and n Mechanical pile driving should be relief, elevation or grain size dis- required; construction machinery tribution altered during should not be permitted on land construction. containing shellfish; construction to be done from floating barges. PIERS, DOCKS, ETC. 125 PIERS, DOCKS, WHARVES, FLOATS, PILES AND DOLPHINS Section 35 Fish Runs Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries m Piers, etc., may impede or 1. Measures to meet performance standard of obstruct migration. "no adverse effect" Sec. 35 (3) a Piers, etc., may change rate w Piers, piles, etc., shall be designed so that there is a Rate of flow during migration of flow. no change in the rate of flow within the run. season before and after project, m Wood preservatives on piles may a Non-leaching preservatives shall be used on any leach into the surrounding water, wooden portion of the structure below mean high thereby impairing spawning or water. nursery habitats. m The construction may cause n When turbidity is anticipated to be a problem short-term turbidity and siltation (e.g., when working on a fine grain or organic problems, thereby impairing bottom), construction techniques which produce spawning or nursery habitats or the least turbidity, use of siltation curtains, or impeding migration. both must be employed. m No construction shall be allowed between March 15 and June 15. 126 PIERS, DOCKS, ErC. DAMS AND TIDAL GATES Definition /Acceptability Dams and Tidal Gates by definition are intended to obstruct the natural flow of water. Dams are used to regulate the height or elevation of water in a creek, river, or stream. Impoundments may be created by the use of dams, such as on Cape Cod where streams are dammed to create impoundments for use in irrigating cran- berry bogs. Tidal Gates are devices used to protect upstream areas from high tidal levels caused by storm surges. Activity Acceptability Table This table indicates in which Resource Areas dams and tidal gates are or are not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 not likely to be acceptable - Sec. 24(2) requires that a project proposed in one Resource Area which will adversely effect another Resource Area must comply with the per- formance standard for each Resource Area. This means that the more restrictive performance standard shall apply. There- fore, although a dam or tidal gate is usually built on and may otherwise be permitted on land under the ocean, if the dam or tidal gate will adversely effect a coastal beach, a barrier beach, a salt marsh, land under a salt pond or land containing shellfish, it is not acceptable. Designated Port Areas Section 26 unlikely to be proposed. Coastal Beaches Section 27 not likely to be acceptable - a dam or tidal gate will inter- fere with sediment transport, thereby increasing erosion, decreasing the volume and changing the form of a coastal beach which is not permitted under Sec. 27(3). Coastal Dunes Section 28 unlikely to be proposed. Barrier Beaches Section 29 not likely to be acceptable - (see coastal beaches above) Coastal Banks Section 30 unlikely to be proposed. Rocky Intertidal Shores Section 31 unlikely to be proposed. DAMS AND TIDAL GATES 127 DAMS AND TIDAL GATES Acceptability (Continued) Resource Area Acceptability Salt Marshes Section 32 not likely to be acceptable - a dam or tidal gate will restrict flow and level of tidal waters and thereby, adversely affect the productivity of salt marshes which is not permitted under Sec. 32(3). Land Under Salt Ponds Section 33 not likely to be acceptable - a dam or tidal gate will modify the flow of fresh and/or salt water and thereby may adversely affect the marine fisheries habitat of a salt pond which is not permitted under Sec. 33(3). Land Containing Shellfish Section 34 not likely to be acceptable - a dam or tidal gate adversely effects the productivity of such land which is not permitted under Sec. 34(4). Fish Runs Section 35 can be conditioned. 128 DAMS AND TIDAL GATES DAMS AND TIDAL GATES Section 35 Fish Run Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries a These structures act as barriers to 1. Measures to meet performance standards of upstream migration of spawning "no adverse effect" Sec. 35(3). adults. m Provide adequate passage facilities around or m Identification of the type of ana- n These structures may be barriers over dams or tidal gates. The applicant must dromous/catadromous fish in- to juvenile migration. obtain approval of DMF. volved and the time of year the adults and young migrate. n These structures can destroy spawning and nursery habitat. n Adequate volume and rate of flow shall be a Calculate stream flow for the maintained over or through the dam or tidal time of year the adults migrate. a Increase or decrease water volume gates during the Spring to attract migrating fish and velocity in fish run and/or into the fish runs. nursery and spawning area, thereby impeding spawning. m Sufficient water over or through the dam or w Calculate the amount and rate of tidal gate shall be provided during the time of flow necessary to allow adult and year the young fish migrate. young fish to go over or through the dam or tidal gate, and calcu- lations and design showing how the required flows will be maintained. m No nursery or spawning area shall be destroyed. m Studies which clearly delineate nursery or spawning areas. m An adequate rate of water flow through nursery n Calculations showing the rate of or spawning areas shall be maintained during flow and/or the volume of water the season when these areas are utilized by in nursery and spawning areas the fish. during the time of year these areas are utilized. DAMS AND TIDAL GATES 129 CULVERTS Definition /Acceptability A Culvert is a man-made structure to transmit or carry water. It may be closed (as under a road or bridge) or open (as a drainage ditch). This section is concerned only with closed culverts. Open culverts would involve dredging or removal, and are included in the sections dealing with those activities. Activity Acceptability Table This table indicates in which Resource Areas culverts are or are not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 Designated Port Areas Section 26 Coastal Beaches Section 27 Coastal Dunes Section 28 Barrier Beaches Section 29 culverts are included under point source discharges. Coastal Banks Section 30 Rocky Intertidal Shores Section 31 Salt Marshes Section 32 Land Under Salt Ponds Section 33 Land Containing Shellfish Section 34 Fish Runs Section 35 likely to be conditioned. 130 CULVERTS CULVERTS Section 35 Fish Runs Interest to be Protected Adverse Impacts to Interest Conditions Required to Information Required to Develop Minimize the Adverse Impact the Actual Details to be Incor- Protection of marine fisheries 0 Culverts can be barriers to the I- Measures to meetperformance standard of porated into an Order of Conditions upstream migration of spawning "no adverse effect" Sec. 35 (3) adults because of the high rate of flow caused by these structures or 0 Culverts must be designed so that outlets are not because of elevated outlets. elevated above the minimum stream flow that occurs between March 15 and May 3 1. 0 Culverts must be designed so that any scour a Identification of anadrom- inducing outflow velocities are eliminated. ous/catadromous fish which use the fish run and when they 4 Culverts can be barriers to the 8 Offset or spoiler baffles must be considered, migrate. downstream emigration of adults primarily in modifying existing culvert installa- or juveniles because of elevated tions which block fish migration due to high 0 Rate of streajrn flow before and inlets and/or low stream flow. velocities. A minimum baffle height of 0.30 after proposed project. meters or one (1) foot is recommended. n Scientific studies which clearly 0 The adequacy of baffles should be judged by delineate spawning and nursery checking: (1) jet veolcities and jet distances; areas. (2) swimming capabilities of the fish species involved and (33) the- #effects of hydraulic efficienry w F- modifying existing culverts, reduction and headwater increase. engineering plans must include consideration for spoiler or offset 0 Culverts must be designed so that inlets are not baffles. elevated above the minimum stream flow that occurs between July I and October 1. CULVERTS 131 SEPTIC SYSTEMS Definition /Acceptability Septic Systems include underground systems for the disposal of sanitary waste as defined in Title 5 of the State Environmental Code. The building of a septic system in or within 100 feet of any Resource Area comes under the jurisdiction of the Act. Activity Acceptability Table This table indicates in which Resource Areas septic systems are or are not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 unlikely to be proposed. Designated Port Areas Section 26 unlikely to be proposed. Coastal Beaches Section 27 not likely to be acceptable - the placement of a septic system requires that the contours of the site be stabilized. This would prevent the changes in beach form which occur on a seasonal basis in response to wave action, thereby altering the form and volume of a coastal beach which is not permitted under Sec. 27(3). Coastal Dunes Section 28 not likely to be acceptable - the placement of a septic system requires the site to be stabilized. This would interfere with the landward or lateral movement of the dune, which is not permitted under Sec. 28(3). Barrier Beaches Section 29 not likely to be acceptable - see coastal beaches and coastal dunes. Coastal Banks Section 30 likely to be conditioned - subject to the provisions of Sec. 30(5) and of Title 5. Rocky Intertidal Shores Section 31 unlikely to be proposed. Salt Marshes Section 32 not likely to be acceptable - Sec. 32(3) states that no portion of a salt marsh can be destroyed. Land Under Salt Ponds Section 33 not likely to b e acceptable - Sec. 3 3 (3) prohibits fill in land under salt ponds, therefore no septic systems. Land Containing Shellfish Section 34 unlikely to be proposed. Fish Runs Section 35 unlikely to be proposed. 132 SEPTIC SYSTEMS POINT DISCHARGES Definition /Acceptability 77@ Point Sources of Discharge are defined as any discernible confine d and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollutants are or 4 Point discharges are used for the elimination of wastes and may be discharged. Al It% I other pollutants originating from various types of land uses. Most point discharges to surface waters are covered by an NPDES (National Pollutant Discharge Elimination System) Permit. In cases of new NPDES Permits the conservation commission shall incorporate the effluent limitations of the NPDES permit within the Order of Conditions (See Section 24(c).) Concentrated storm water discharge, such as runoff from a large parking lot discharging to a surface water through a culvert system, is not covered by the NPDES permit. This type 0 of discharge is defined as a point discharge. In this case, the issuing authority shall impose such additional conditions as required to protect the statutory values of Resource Areas to which stormwater discharge is directed. -2@ Illustration 46: Point source of discharge A POINT DISCHARGES 133 POINT DISCHARGES Acceptability Activity Acceptability Table This table indicates in which Resource Areas point discharges are or are not likely to be able to be conditioned to meet the performance standards set forth in the Regulations. Resource Area Acceptability Land Under the Ocean Section 25 likely to be conditioned. Designated Port Areas Section 26 likely to be conditioned. Coastal Beaches Section 27 likely to be conditioned. Coastal Dunes Section 28 likely to be conditioned. Barrier Beaches Section 29 likely to be conditioned. Coastal Banks Section 30 likely to be conditioned. Rocky Intertidal Shores Section 31 likely to be conditioned. Salt Marshes Section 32 likely to be conditioned. Land Under Salt Ponds Section 33 likely to be conditioned. Land Containing Shellfish Section 34 not likely to be acceptable - point source discharges from roads or parking lots contain pollutants which will adversely affect water quality, which is not permitted under Sec. 34(4). Fish Runs Section 35 likely to be conditioned.. 134 POINT DISCHARGES POINT DISCHARGES Section 25 Land Under the Ocean Section 31 Rocky Intertidal Shores Section 35 Fish Runs Section 26 Designated Port Areas Section 33 Land Under Salt Ponds Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries 1. Sec. 25(6) 1. Best available measures to meet Sec. 25(6). a Maximum rate of runoff. a Runoff from roads and parking aSedimentation or catch basins as appropriate to n Detailed plans showing size and lots or other paved surfaces con- the amount of runoff. location of sedimentation or catch tains pollutants such as oil, grease, basins and gas traps. heavy metals and particulate mGas traps. matter, thereby adversely a Schedule for maintenance and affecting water quality. mPeriodic maintenance and cleaning of the basins cleaning. and traps. aPeriodic cleaning of debris from paved surfaces. 0 Storm damage prevention and a 14eadwall and support may inter- 0 Headwall and supports must be spaced so that flood control rupt sediment transport. sediment transport is not interrupted. POINT DISCHARGES 135 POINT DISCHARGES Section 27 Coastal Beaches and Section 29 Barrier Beaches Interest to be Protected Adverse Effects to Interest Conditions Required to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and 1. Sec. 2 7(3) 1. Measures to meet performance standard of flood control "no adverse effect " Sec. 27(3) � Outflow can cause erosion and change the form and volume of a w The velocity of the outflow shall not cause w Amount of runoff. beach. scouring of the beach. m Angle of outfall pipe in relation � Headwall and support may inter- 0 Headwall and supports must be spaced so that to beach and calculation to rupt sediment transport. sediment transport is not interrupted. determine design discharge velocity. m Design of energy diffusion techniques. Protection of marine fisheries w Runoff from roads and parking 1. Best available measures to meet Sec. 27(6) lots or other paved surfaces con- tains pollutants such as oil, a Catch basins. m Detailed plans showing size and grease, heavy metals and particu- location of catch basins and gas late matter, thereby adversely m Gas traps. traps. affecting water quality. a Periodic maintenance and cleaning of the basins w Schedule for maintenance and and traps. cleaning. w Periodic cleaning of debris from paved surfaces. 136 POINT DISCHARGES POINT DISCHARGES Section 28 Coastal Dunes and Section 29 Barrier Beaches Interest to be Protected Adverse Effects to Interest Conditions Imposed to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and m Discharges may disturb vegetative 1. Measures to meet performance standard of flood control cover. "no adverse effect" Sec. 28(3) a Point discharges may cause n The velocity of the outflow shall not cause w Maximum rate of runoff. erosion and thereby modify dune scouring or disturb vegetation. m Calculations to determine design form by causing removal of sand discharge rate. from the dune artifically. w Design of energy diffuser. Section 30 Coastal Bank Interest to be Protected Adverse Effects to Interest Conditions Imposed to Information Required to Develop Meet Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Storm damage prevention and a The outflow may cause erosion 1. Measures to meet performance standard opf flood control and disturb vegetation, thereby "no adverse effect" Sec. 28(3) destabilizing the bank and increasing its erosion rate w The velocity of the outflow shall not cause n Maximum rate of runoff. artificially and the potential for scouring or disturb vegetation. bank collapse. m Calculations to determine design discharge rate. 0 Design of energy diffuser. POINT DISCHARGES 137 POINT DISCHARGES Section 32 Salt Marshes Interest to be Protected Adverse Effects to Interest Conditions Required to Meet Information Required to Develop Performance Standards the Actual Details to be Incor- porated into an Order of Conditions Protection of marine fisheries a Runoff from roads and parking 1. Measures to meet performance standard of lots or other paved surfaces con- "no adverse effect" Sec. 32(3). tains pollutants such as oil, grease, heavy metals and particu- a Catch basins. m Maximum rate of outflow from late matter, thereby adversely the pipe. affecting water quality. w Gas traps. m Detailed plans showing size and m The outflow may remove vegeta- m Periodic maintenance and cleaning of the basins location of catch basins and gas tion by scouring the upper layers and traps. traps. of the substrate. a Periodic cleaning of debris from paved surfaces. m Maintenance and cleaning schedules. m The velocity of the outflow shall not cause scouring of the substrate. n Angle of outfall pipe in relation to salt marsh and calculations to determine design discharge velocity. m Design of energy diffusion technique. 138 POINT DISCHARGES CHAPTER 3 Discussion of Regulation Section 24 DISCUSSION OF REGULATION SECTION 24 General Provisions for Part 11 The purpose of this chapter is to elaborate on several of the Therefore, the work involving the fill must meet the provisions in Section 24. performance standards for both the coastal bank and the Section 24(l) states: If the issuing authority determines that a coastal beach. It should be noted that the issuing authority resource area is significant to an interest of the Actfor which should not utilize this provision on the basis of mere specula- no presumption is stated in the Preamble to the applicable tion of adverse effects to the other Resource Areas (in the section, the issuing authority shall impose such conditions as example, the coastal beach), but only when it is clear that an are necessary to contribute to theprotection of such interest. adverse effect will occur. In most cases, a Resource area will be significant only to Section 24(3) states: A determination which finds that a those interests specified in the Preamble. However, there may resource area is not significant to an interest to which it is be instances when a Resource Area is significant to an interest presumed in these regulations to be significant, or is significant not specified. In such cases, the applicant must locate and to an interest to which it is presumed to be not significant, shall design the proposed project to protect the interest, and the con- be made on Form Z No such determination shall be effective unless a copy of thisform and the accompanying written servation commission must impose conditions it feels are explanation for the determination required by these regulations necessary to protect the interest. is sent on the day of issuance to the appropriate regional office For example, although a coastal dune is likely to be of the Departm en t. significant to storm damage prevention and flood control, The presumptions of significance or non-significance which there may be instances where a coastal dune is significant to are contained in each Preamble state to which of the seven groundwater supply. The groundwater supply must be pro- interests protected by the Act the particular Resource Area is tected by both the applicant and the conservation commission. likely to be significant or not significant, nearly all of the time. Section 24(2) states: When the issuing authority determines This means that the conservation commission should expect to that a project in one resource area would adversely affect make a finding that, if a particular site is, in fact, in one of the another resource area, the issuing authority shall impose such eleven Resource Areas, it is in an area which is significant or conditions as willprotect the interests to which each resource not significant, in accordance with the presumptions. area is significant to the same degree as required in the regula- The purpose of Section 24(3) is to insure that these tions concerning each resource area. presumptions of significance are not overcome by the conser- This provision is best illustrated by an example: Fill may be vation commission without serious consideration and allowed on coastal banks under certain conditions. When the documentation and only after the public hearing. (Form 7 can coastal bank is one which supplies sediment to an adjacent be filled out only after the public hearing has been held.) coastal beach, it is likely that the fill dumped on the coastal The Department will closely examine each case in which a bank will eventually end up on the coastal beach. The issuing presumption of significance is overcome. The conservation authority may reasonably determine that if the fill is not of a commission has the burden of proof if it makes a finding that grain size and distribution compatible with the coastal beach, it contradicts a presumption of significance or non-significance. would adversely affect the coastal beach and not meet the Section 240) (a) - no comment necessary. performance standards set forth for the coastal beach. SECTION 24139 DISCUSSION OF REGULATION SECTION 24 Section 240) (b) states: When the site of a proposed project is The intent of Section 24(4)(c) is to eliminate duplicate subject to a Restriction Order which has been duly recorded reviews, and the pontential. for contradictory or inconsistent under theprovisions of G.L. C. 130, s. 105, such aproject shall requirements being placed on an applicant and to simplify for conform to these regulations. conservation commissions what is often a difficult and complex The owner of the property will, in most cases, know technical matter. Therefore, according to Section 24(4)(c), whether or not the proposed site is subject to a Restriction when a proposed project requires an NPDES permit, the terms Order recorded under G.L. Chapter 30, section 105, the of the permit are deemed to be a part of the Order of Coastal Wetlands Restrictions Act. If the owner does not Conditions. For the sake of clarity, the terms should be spelled know, the conservation commission may know or the out in the Order or the Order should state that when an information can be obtained from: NPDES permit is granted, it will become a part of the Order. Director, Wetlands Restriction Program Neither the conservation commission or the Department may Department of Environmental Management impose either a more stringent or a less stringent condition with 100 Cambridge Street respect to water quality on the point source discharge. Boston, Massachusetts 02202 Further information on the NPDES permit system may be (617) 727-8893 obtained from the Massachusetts Division of Water Pollution Even if a proposed project is allowed under the Restriction Control or the U.S. Environmental Protection Agency. Order, it must still conform to the performance standards of Section 24(5) (a) states: When any area'subject to these these Regulations and must follow all the regular filing regulations has been designated an Area of Critical procedures. Environmental Concern by the Secretary of Environmental Affairspursuant to G.L. c.21A and CZM Regulations, and Section 240) (c) states: If an NPDESpermitfor any new point- when the Secretary has made afinding of the significance of source discharge has or will be obtainedprior to the com- the area to one or more interests of the Act, the issuing mencement of the discharge, the effluent limitations estab- authority shallpresume that such area is significant to those lished in such permit shall be deemed to satisfy the water in terests. quality standards established in any section of these regulations Section 25(5) (b) states: When any portion of a designated Area relative to the effects of the newpoint-source discharge on of Critical Environmental Concern is determined by the issuing water quality. Such effluent limitations shall be incorporated authority to be significant to any of the interests of the Act, or shall be deemed to be incorporated into the Order of any proposedproject in or impacting thatportion of the Area Conditions. of Critical Environmental Concern shall have no adverse effect The federal Clean Water Act established a program known upon those interests, except as provided under Regulation 25(4) as the National Pollutant Discharge Elimination System for maintenance dredging. (NPDES) under which point source discharges (i.e., anything which comes out of the end of a channel or pipe) are regulated through the granting of permits. In Massachusetts, the NPDES permit system is administered jointly by the Massachusetts Division of Water Pollution Control and the U.S. Environ- mental Protection Agency. 140 SECTION 24 DISCUSSION OF REGULATION SECTION 24 Information concerning the location of Coastal Areas of Section 24(7)(b) - This provision applies only to the con- Critical Environmental Concern may be obtained from: struction, reconstruction, operation and maintenance of under- ground and overhead electrical distribution or transmission Director, Coastal Zone Management Program lines, and communication, sewer or natural gas lines. Executive Office of Environmental Affairs Since there are likely to be relatively few projects which 100 Cambridge Street come under this provision, no detailed discussion is provided in Boston, Massachusetts 02202 this Guide. The conservation commission should work closely (617) 727-9530 with the applicant and other reviewing government agencies to When a proposed project is in or near an Area of Critical insure the specific requirements of this provision are met. Environmental Concern which is also significant to the interests of the Wetlands Protection Act, the project shall have "no adverse impact" on the interests in that area. In several Resource Areas, the performance standard is already "no adverse effect," so this provision requires no additional condi- tions. When the performance standard is less than "no adverse effect," (i.e., "best available measures" or "best practical measures" are required), the applicant should design and the conservation commission should condition the project so that it has "no adverse effect" to the interests in the Area of Critical Environmental Concern. Assistance may be obtained from the appropriate DEQE regional office. Section 24(6) - No comment necessary. Section 24(7)(a) - This provision applies only to the construc- tion, reconstruction, operation, and maintenance of structures associated with electric generating facilities. Since there are likely to be relatively few projects which come under this pro- vision, no detailed discussion is provided in this Guide. The conservation commission should work closely with the applicant and other reviewing government agencies to insure the specific requirements of this provision are met. SECTION 24141 APPENDICES AND GLOSSARY APPENDICES/GLOSSARY 143 APPENDIX A General Overviews of Physical and Biological Processes in Coastal Wetlands A broad view of the Massachusetts coast reveals a zone which balance between the coastal features and the forces which consists of a variety of interrelated and interdependent coastal control them. The waves, currents and winds vary widely with wetland features. These features, and the coastal physical and both the regular fluctuations caused by seasonal and biological processes which created and maintain them are astronomical patterns and with such irregular changes as valuable for flood control, storm damage prevention, protec- violent storms. tion of marine fisheries, protection of land containing shell- The relentless rise of sea level and the consequent landward fish, prevention of pollution and groundwater supply. The movement of coastal features, and the constant interaction purpose of this section is to generally describe the dynamic between the land and the sea means that coastal features are in forces which shape coastal wetlands and land forms and allow constant movement. It is the process of formation and re- them to provide the public benefits noted above. formation of coastal features which protects the land from the forces of the sea. The coast's first line of defense against wave energy is the Overview - Physical Coastal Processes shoaling nearshore bottom of land under the ocean. Waves are The Wetlands Protection Act (the Act) protects certain coastal altered in form and direction as they travel shoreward, and the landforms (Land Under the Ocean, Coastal Beaches, Coastal larger waves are forced to break offshore, diminishing their Dunes, Barrier Beaches, Rocky Intertidal Shores, and Coastal stored energy. Thus, during storms, the bottom topography Banks) because they play a role in storm damage prevention reduces the size and energy of waves which might otherwise and flood control. The Act and the Regulations seek to protect damage shoreline property and structures such as piers, these landforms from adverse effects which may be caused wharves and houses. directly by filling, dredging or removal, or indirectly by The coast's second major line of defense against wave altering the processes which create and maintain them (i.e., the produced storm damage is provided by coastal beaches. coastal interaction of sediments with wind, waves, and water Beaches are deposits of sediment built by wave action into a currents, and a rising sea level). form which, under ordinary conditions, dissipates all of the The location of the shoreline varies with "relative" sea incoming wave energy. Waves lose energy by breaking on the level - that is, the mean level of the sea with respect to the steep beach "foreshore" and by percolating down into the level of land. For the past thousands of years, relative sea level loose beach sediment. Sediment is moved both on and offshore has been rising in Massachusetts, and it is still rising at a rate of and alongshore by wave action; it is thereby supplied to other about one foot per century. As sea level rises, the shoreline coastal landforms - such as coastal dunes, land under the moves landward, or retreats, and along with it the entire ocean, and other coastal beaches. Even during those rare complex of coastal wetland features gradually moves instances (usually occuring at high tide during storms with landward. As a result the beaches, banks, dunes and barrier onshore winds) when waves cross the beach, flood low inland beaches are generally retreating, some at an average rate of areas, and cut into banks and dunes, most of the wave energy several feet or more per year. is dissipated by the beach before the waves reach inland In addition, coastal wetlands are continually changing their features. form in response to the forces exerted on them by waves, cur- Most of the sediment which makes up the coastal beaches rents and wind. These changes in form always result in a closer (as well as coastal dunes and barrier beaches) of Massachusetts 144 OVERVIEW APPENDIX A General Overviews of Physical and Biological Processes in Coastal Wetlands is supplied by the erosion of unconsolidated coastal banks. coastal features and man-made structures behind them from These banks, consisting mostly of loose sediment, are found on wave action and flooding. At times, storm waves cut the face the landward side of some coastal beaches. When storm waves of coastal dunes and add this sediment to the volume of the cross the coastal beach they are able to cut into the banks, coastal beach, thereby furthering the dissipation of wave causing the banks to erode. Sediment eroded from the banks or energy. Coastal dunes are vital to storm damage prevention cliffs is transferred to the adjacent beaches. Banks are cut back and flood control because they both protect inland coastal by wave action until a beach is wide enough to prevent waves features and add sediment to coastal beach volume. from reaching the bank, thus protecting the banks from At numerous locations along the Massachusetts coast, further erosion. Cape Cod provides an example of the coastal beaches and coastal dunes together form long narrow importance of coastal banks to coastal beaches: If coastal coastal features known as barrier beaches, which lie between banks on the east coast of Cape Cod were eliminated as a the open sea and such wetlands as estuaries, salt marshes and source of sediment, beaches could disappear completely in less salt ponds. Barrier beaches protect the inner wetlands from than 100 years. vigorous wave action, and thereby provide both safe harbors The erosion of coastal banks by wave action is extremely for boats and productive habitats for marine plants and important to the preservation of coastal landforms since animals. The coastal beaches and coastal dunes of barrier coastal banks are the primary source of sediment required to beaches consist of sediment transported to them by wave and replenish that removed by natural coastal processes. However, wind action and supplied by coastal bank erosion. Barrier coastal banks which rise above storm wave and coastal flood beaches build along their inner landward edges by the levels are also significant to storm damage prevention and landward movement of coastal dunes, by sand carried across flood control because they are a barrier to storm waves and their width by storm overwash and by the deposits formed by floods. Therefore, bank erosion caused by wind and rain tidal inlets. It is because of these processes that barrier beaches runoff which causes banks to collapse must be minimized in tend to migrate landward - that is, to maintain their general order to protect upland areas. This is a second type of coastal form despite a retreating outer shoreline. bank and it plays only a minor role in beach nourishment. As the seaward portion of a barrier beach erodes, the Bank vegetation tends to stabilize the bank face and reduce this landward portion builds, so that the form and volume of the type of erosion. barrier beach are maintained. If the building processes on the The sediment supplied by bank erosion is moved along the landward side are interrupted while the erosion of the seaward shore by wave action. This movement is called littoral drift. In portion continues, the barrier beach will gradually (or turn, coastal dunes are built and maintained by onshore winds sometimes during only one violent storm) lose the typical and occasional stormwave "overwash" which carry sand from shape, form and volume which protects inland areas from the coastal beaches landward and deposit it in those areas suf- flooding and storm damage. ficiently removed from wave action that coastal vegetation is able to survive and trap the wind transported sand. Overview - Biological Coastal Processes On those occasions when sea and beach conditions permit waves to cross the coastal beach, the coastal dunes, because of The Wetlands Protection Act protects certain coastal areas their elevation and form, act as a barrier which protects inland (Land Under the Ocean, Coastal Beaches including Tidal Flats, OVERVIEW 145 APPENDIX A General Overviews of Physical and Biological Processes in Coastal Wetlands Salt Marshes, Rocky Intertidal Shores, Land Under Salt Ponds Of all the factors above, reproduction and the success of and Anadromous/Catadromous Fish Runs) because they play the young stages of organisms are perhaps the most vulnerable a role in the protection of marine fisheries and land containing and therefore the most critical in assuring the future of coastal shellfish and the prevention of pollution. The Act and the fisheries. The fisheries abundance depends initially on the suc- Regulations seek to protect these biologically productive areas cessful development of the delicate early growth stages of from adverse effects which may be caused directly by filling, marine animals and plants (much of which takes place in the dredging, or removal, or indirectly by alterations in water plankton community). For this reason, maintaining the quality, the food chain and habitat. productivity of coastal food webs, as well as habitat The productive ecosystems in the coastal zone of characteristics such as water quality and sediment charac- Massachusetts support extensive populations of finfish and teristics are essential to the continued productivity of the shellfish. The fundamental characteristics of coastal eco- fisheries. systems - biological communities and coastal habitats - must "Habitat" refers to the places, or physical settings, in therefore be maintained to protect the future productivity of which plants and animals live in all stages of their life. Because these valuable finfish and shellfish resources. the amount and variety of marine life in a community depend "Community" refers to all the organisms found within a upon the nature of the habitat, the physical and biological particular habitat, and includes all finfish and shellfish, as well characteristics of the habitat must be maintained and as the organisms which make up the coastal food web. protected. Fundamental habitat characteristics include The interaction of the marine community and marine sediment grain size, relief and elevation of the substrate, water habitats gives rise to the amount (weight) of fish and shellfish circulation and water quality, each of which is discussed below: which are available. This interaction includes the following 1. Sediment characteristics, including grain size and sediment factors: compaction are physical features of a habitat which influence 1. Import from outside the area being considered: migration the productivity of marine communities. Larval stages of many of new fish stocks into the area. bottom dwelling marine animals, particularly invertebrates 2. Reproduction: the addition of new individuals to the such as worms and clams, require specific grain sizes to permit community. successful "settlement," or sinking from the drifting stage, to 3. Growth: the increase in weight of the available fishery due establish themselves on or in the bottom sediments. The size of to growth of existing animals. the sand grains control the ability of the sensitive young larva 4. Export to other areas: migration of fish away from an area. to dig into the protective bottom, and thereby controls the 5. Predation: the eating of fish by organisms other than man. abundance of bottom dwelling marine animals. Grain size also 6. Fishing: the capture and removal of fish by man. influences the rate of exchange of interstitial water (water 7. Mortality: death due to causes other than predation or between the sediment grains) by restricting or permitting water fishing. flow. The quality of interstitial water, particularly such char- Export and import over the long term are probably not acteristics as dissolved chemical and gas concentrations, is important factors if the environment remains the same, while directly affected by water exchange. The quality of the water growth and mortality may have significant effects on the trapped between sand grains controls the success of burrowing number and weight of marine animals available to the fishery. or surface-living invertebrates and thus affects the productivity 146 OVERVIEW APPENDIX A General Overviews of Physical and Biological Processes @n Coastal Wetlands of habitats composed of unconsolidated sediments. on marine animal communities. This results in reduced Compaction of sediments influences many of the same productivity of marine resources. characteristics of marine habitats which are influenced by grain b. Pollutants may be lethal or sublethal. They may cause size. The greater the compaction, the more restricted the flow direct mortality or result in subtle changes either in the species of water between sand grains and the greater the variation in composition of communities or reproduction and behavior of water quality. Compaction affects the ability of larvae and species. Some nutrients or metals may be beneficial at certain adults to burrow into the sediment. concentrations and may be classified as pollutants when con- 2. Elevation of the bottom affects the productivity in intertidal centrations reach relatively high levels. Other pollutants, such habitats where even minor variations in relief result in different as synthetic chemicals, can be extremely toxic even in very low periods of exposure to air by surface dwelling and burrowing concentrations. The circulation of marine waters flushes marine animals. Since many marine organisms can tolerate pollutants away from the source, limiting the concentration only certain limits of exposure, this can control the distribution and reducing detrimental effects on the resources. and abundance of adults and young stages of animals and c. Turbidity influences marine habitats in two ways. First, it plants, which cannot survive when their limits are exceeded. causes the elimination or reduction of light penetration. Since 3. Water circulation is essential to the continued productivity photosynthesis requires sunlight, a reduction of sunlight of the various habitats and communities which make up the reduces the rate of this basic process on which the food web of biologically productive coastal wetlands. It transports nutrients the marine environment depends. Second, the solids suspended from their source (such as salt marshes) to the habitats where in water which cause turbidity have two effects generally finfish and shellfish breed and live. It moves shellfish from classed as "siltation effects": (1) the settling out and smother- spawning to nursery areas. By continually mixing waters and ing of bottom plants and animals resulting in a drastic change preventing areas of stagnation, it reduces extremes of turbidity, in the habitat and (2) the plugging or abrasion of respiratory pollutants and salinity. and feeding mechanisms leading to changes in the numbers and 6. The quality of waters which flow over or through marine kinds of organisms comprising the community. While the habitats controls the communities which live in them by affect- elimination of light penetration may be sublethal, siltation ing fundamental life processes. Water quality is defined by effects are often fatal to marine organisms and usually such factors as the amount of dissolved oxygen, pollutants, drastically change the productivity of marine resources. turbidity, temperature, salinity and nutrients. d. Organisms respond to changes in temperature or their z. Oxygen concentration in water is a function of (1) exchange surroundings in various ways. Since most marine organisms of oxygen from the atmosphere, (2) the production of oxygen cannot regulate their own temperature, the metabolism and by plants, and (3) the consumption of oxygen by plants and growth of organisms are modified according to the surround- animals. Oxygen is required by all higher forms of life includ- ing temperature. Each type of marine animal or plant has its ing marine vertebrates and invertebrates. The concentration of own upper and lower limits beyond which a temperature oxygen required to support life varies, depending upon the change will have detrimental effects. Some of these effects will kind of organism, its activity and the temperature of the en- be lethal, others sublethal, but nevertheless, abnormal. Direct vironment. Generally, stagnant (non-circulating) conditions mortality has obvious effects on coastal resources and on the result in great fluctuations in oxygen concentration and stress communities on which such resources depend, while the more OVERVIEW 147 APPENDIX A General Overviews of Physical and Biological Processes in Coastal Wetlands subtle sublethal effects such as altered behavior, reproduction or physiology may also profoundly affect marine communities and the productivity of associated fisheries. e. Marine organisms also have specified tolerance limits to salinity variation. The composition of the community and its living resources, and thus its productivity is controlled by the level of and changes in salinity of the waters flowing over the habitat. f. Nutrients, which fertilize the plants of the coastal waters and start the cycles of energy flow through food webs, may, in unusually high concentrations, act to upset the natural balances on which marine communities and coastal resources depend. Marine plants have specific nutrient requirements and changes in the concentration of these nutrients will alter the composition and density of plant communities, thereby alter- ing the rate of production of plant materials on which the fisheries ultimately depend. 148 OVERVIEW APPENDIX B Approximate Spawning Times for Anadromous/Catadromous Fish Species and Time Period Alewife, March-May American eel , Autumn American shad, May-June Atlantic salmon, Spring and/or fall, depending upon the specific river Atlantic sturgeon, May-June Blueback herring, April-June Brook trout, May-June (spawning occurs in the fall) Rainbow smelt, February-April Sea lamprey, April-June Shortnose sturgeon, April-June White perch, March-April SPAWNING TIMES 149 APPENDIX C Sources of Maps and Aerial Photographs Barnstable: Barnstable Marine Service, Inc., Dorchester: Norwood Marine, Inc., r 24 Hingham Harbor: Steve Mehl's Boat Barnstable Harbor Millway Marine, Inc., Ericsson St.; Freeport Engine Co., d/b/a House, Route 3-A Rotary Barnstable Harbor The Dinghy Shop, 272 Adams St. Hyannis: Bradbury Marine, Inc., 157 Beverly: Comdel, Inc., Beverly Airport Dracut: Roussel Marine, Inc., 1543 Bridge Pleasant Street; Anchor Outboard Co., Boston: Berry Hardware Co., 395 Neponset St., Rt. 38 Inc., 135 South Street; Hyannis Marina, Avenue, James Bliss Co., Inc., 82 Summer Duxbury: Duxbury Marina Corp., 31 Inc., Arlington St. Street; Boxwell Marine Corporation, 68 Mattakeesett Ct. Lawrence: Marine Publications, 130 Long Wharf; Broad Marine Supply Co., 102 East Dennis: Sesuit Marine Service, Inc., Shepard St. Broad Street; Hub,Nautical Supply Co., Sesuit Harbor Lynn: Lynn Hardware Co., Inc., 34-38 Inc., 127 Broad Street; Klausen-Gestby Company, 214 Northern Avenue; Marine Edgartown: Robin Hood's Barn, Inc., Main Munroe St. Hardware & Supply Co., 390 Atlantic Street, Edgartown Marine, Inc., Morse Manchester: Manchester Marine Corp., Avenue; Boston Harbor Sailing Club, Inc., Street Ashland Avenue; Cartographics Corp., 50 East India Row; J. L. Hammett Company, Fall River: Capt. Joseph J. O'Connell Co., Forest St., PO Box 88 48 Canal Street Inc., 180 River St. Marblehead: Fred L. Woods, 76 Braintree: Bra-Wey Sport Shop, Inc., 178 Falmouth: Falmouth Marine Railways, Inc.; Washington St.; Marblehead Transportation Quincy Ave., Rt. 53 Falmouth Harbor Yacht Sales, Inc., 53 Company, Ferry Lane; Port of Call, Inc., 26 Brant Rock: Bud's Inc. of Marshfield, Falmouth Heights Rd. Atlantic Avenue Mass., 21 Dyke Road Gloucester: Building Center Stores, 1 Marion: Barden's Boat Yard, Inc., 2 Island Harbor Loop; Brown's Yacht Yard, Inc. R Wharf Road; Burr Bros. Boats, Inc., 309 Buzzards Bay: Bosnengo Hardware, Inc., 139, E. Main St.; Cape Ann Marina Cor@., Front Street 45-47 Main Street 75 Essex Avenue; Enos Marine Inc., 75 Nantucket: Hardy's Inc., 5 South Water Cambridge: Cambridge Camera & Marine, Essex Ave.; Parisi Plastic Fishing Gear, Inc., Street; Nantucket Ship Chandlery Corp., 37 Brattle Street 27 Commercial St.; Gloucester Museum, Old SouthWharf Canton: James Bliss & Co., Inc., Shawmut Inc., 180-181 Main St.; Three Lanterns, 108 Natick: Natick Marine, Inc., 158E. Central Road East Main St. St., Rt. 135 Cataumet: Kingman Marine, Shipyard Lane Green Harbor: Green Harbor Marina, Rt. New Bedford: C. E. Beckman Co., 11-35 Chatham: Mayflower Shop, 475 Main 139 Commercial St. Street; Old Harbor Marine Service, Inc., Hamilton: The Map Grotto, 31 Homestead Newbury: Parker River Marine, Inc., Rt. IA Crowell Road, R.R. I Stage Harbor Marine, Circle at Parker River Bridge Street Harwichport: Allen Harbor Marine Service, Newburyport: Jack Hart's Marine Supply, Chathamport: Ryders Cove Marine, Rt. 28, Inc., 335 Lower County Rd.; Portside Tournament Wharf; Hudson's Outboard, on Ryders Cove Marine Inc., Rt. 28, Saquatucket Harbor Inc., 38 Merrimac Street Cobasset: Fieldbrook Boat Sales, Inc., 40 Hanover: Marine Stores, Inc., 1775 North Quincy: Boston Harbor Marina, Inc., Border Street Washington Street 542 E. Squanturn Street Cotuit: Pecks' Boats, Falmouth Road Hingham: Latady Instruments, Inc., 220 N. Weymouth: The New Tern Harbour Dedham: James Bliss & Co., Inc., 100 Rt. Prospect Street; Kehoe's Ship's Chandlery, Marina, Inc., 275 River St.; Bridge Marine 128 (Exit 61) 3 Otis Street Supply, 230 Bridge St.; Snug Harbor Marine Supply Co., Inc., 121 Bridge St. 150 INFORMATION SOURCES APPENDIX C Sources of Maps and Aerial Photographs Oak Bluffs: Blue Anchor Marine, Harbor Westwood: Better Boating Association, 17 Bulkhead Country Lane Orleans: Goose Hummock Shop, Inc., Weymouth: Monahan's Marine, 396 Route 6A; Compass Rose Book Shop, Washington St. Main Street. Winchester: Card Marine, Inc., 632 Main Osterville: Crosby Yacht Yard, Inc., 72 St. Crosby Circle Woburn: James Bliss and Co., Inc., 406 Plymouth: Plymouth Marine Railways, Washington St. Inc., 14 Union St. Woods Hole: Woods Hole Marine Railway Provincetown: Lands End Marine Supply & Supply Co., Inc., 89 Water St. Co., Inc., 337 Commercial St.; Marine Specialties, Inc., 235 Commercial St. Revere: The Chart Locker, 555 North Shore Road Rockport: Building Center, Inc., 18 Railroad Ave Salem: Jaynes Marine Supplies, Inc., 77 Bridge St. Sandwich: E. T. Moffitt Corp., Sandwich Cape Cod Canal; Marina, East Boat Basin Scituate: Scituate Marine, 207 Front Street South Dartmouth: The Packet, Inc., 250 Elm St. Sudbury: Havencraft of New England, Inc., 83 Boston Post Rd. Vineyard Haven: Martha's Vineyard Shipyard, Inc., Beach Rd. Wareham: Warr's Marine, Inc., Lower Main St. Wellfleet: Bay Sails Marine, Inc., Rt. 6 West Bridgewater: Tight Lines, Inc., 220 South Main St. West Dennis: Bass River Marina, Inc., 140 Main St. INFORMATION SOURCES 151 APPENDIX D Selected References Annotated American Society of Civil Engineers, Pro- Estuarine, and Environmental Problems, wave minimization and diffraction ceedings of the Fifteenth Coastal Engineer- looks into environmental impacts in the techniques, and the use of removed material ing Conference. Vol. 1, 1976, pp. 1-1092. coastal zone, other than those discussed in from maintenance dredging operations. Volume 1, the first of four, contains numer- the first three volumes. Topics include ous professional papers on the mechanics of pollutant discharge and distribution,, natural American Society of Civil Engineers, waves and currents. Of particular interest energy damping and dissipation effects of Proceedings of the Specialty Conference on are articles on wave set-up and run-up, wave tidal estuaries, and the effects of wave Dredging and Its Environmental Effects, behavior in the coastal zone and wind oscillations in harbors of variable 1976. The Proceedings is an extensive col- induced drift currents in the intertidal zone. dimension. lection of papers concerning the variety of environmental impacts associated with American Society of Civil Engineers, American Society of Civil Engineers, Ports dredging and attendant disposal of dredge Proceedings of the Fifteenth Coastal Engin- '77 - 4th Annual Symposium of the spoils. eering Conference. Vol. 11, 1976, pp. 1093- Waterway, Port, Coastal and Ocean American Society of Civil Engineers, Fifth 2205. The second volume deals with the Division ofASCE, Vol. 1, 11, 1977. Both Symposium of the Waterway, Port, Coastal human problems associated with coastal volumes contain papers pertaining to harbor and Ocean Division of ASCE - Coastal sediment movement as caused by waves and and port planning, design, maintenance, Sediments '77. Articles concerned with longshore currents. A number of papers traffic routing and environmental sediment movement, hydraulics, and man's examine sediment transport and formation considerations. Articles discussing dredging attempts to influence coastal processes are of coastal features in selected areas and processes, natural and man-made wave examined through a variety of case studies under a variety of conditions. Other articles dissipation systems, and environmental and models. Of primary interest are articles discuss the implications to man's activities assessment of ports and harbors proved discussing the use and effects of groins, of continual natural sediment transport particularly valuable. jetties, beach filling and low cost along the coastal zone. Measures to protect American Society of Civil Engineers, stabilization techniques. human interests such as harbors and Proceedings of the 21st Annual Hydraulics channels are looked at, as well as the Division Specialty Conference, Hydraulic Clark, J., ed., Barrier Islands and Beaches, associated impacts of such measures. Of Engineering and the Environment, 1973. Technical Proceedings of the 1976 Barrier particular interest are chapters describing Though interest is given primarily to fresh- Islands Workshop, Annapolis, Maryland, the effects of breakwaters, jetties, sediment water hydraulic relationships, articles May 1976. These proceedings outline the bypass systems, beach nourishment, off- pertaining to channel flow requirements for evolution and dynamics of barrier islands, shore structures, harbors, and marinas. fish are important, particularly in consider- spits and beaches, emphasizing their impor- American Society of Civil Engineers, ing structures placed in the coastal zone tance in the maintenance of coastal eco- Proceedings of the Fifteenth Coastal which may effect spawning activities of systems. The report is extremely effective in Engineering Conference. Vol. 111, 1976, pp. anadromous and catadromous fish species. illustrating the physical and vegetational 2206-2914. Volume III examines coastal dynamics of barrier beaches, showing how erosion prevention structures in detail with American Society of Civil Engineers, the two processes relate, and describing the respect to type, design, applicability and Proceedings of the 25th Annual Hydraulics vulnerability of barrier beach environments effectiveness. Physical as well as vegetative Division Specialty Conference, Hydraulics to man's impacts, particularly effects of strategies are discussed. in the Coastal Zone. 1977. The Proceedings "permanent developments." contains papers discussing various natural American Society of Civil Engineers, and man-made aspects of hydraulic relation- Proceedings of the Fifteenth Coastal ships in the coastal zone. Surface, as well as Engineering Conference. Vol. IV, 1976, pp. groundwater issues, are considered. Of 2915-3641. Volume IV, subtitled Coastal, particular interest are articles discussing 152 SELECTED REFERENCES APPENDIX D Selected References Annotated Clark, J. (ed.), Coastal Ecosystem Manage- Davis, D. P., Jr., Evaluation of 7ying tion or protection of beaches, particularly ment A Wiley-Interscience Publication, Materialsfor Floating Tire Breakwaters, those which have been influenced by man's 1977. This book analyzes coastal environ- Marine Technical Report No. 54, April 1977, impacts. It is most useful in comparing the ments, identifies major conflicts (providing University of Rhode Island. The paper is the design and applicability of the numerous solutions), develops a complete management result of in-situ testing of twelve different structural means which have historically methodology (relating guidelines and tying materials for a floating tire breakwater been used in attempting to stabilize shore- standards), and provides extensive literature located in Narragansett Bay, Rhode Island. lines and inlets and to protect harbors and references and a "hard-data" appendix. The results of the testing indicated that backshore areas. The Conservation Foundation, Physical rubber conveyer belt edging with nylon U. S. Army Coastal Engineering Research Management of Coastal Floodplains: fasteners is superior to other materials Center, Shore Protection Manual, Vol. 111, Guidelinesfor Hazards and Ecosystems tested. 1977. The third volume of the three part Management, Task One Report, 1977. The Moul, E. T. Marine Flora and Fauna of the series contains the appendices and indices Report describes nine general "places of Northeastern United States. Higher Plants for the first two volumes. Included is a concern" associated with coastal zones and of the Marine Fringe. NOAA Technical glossary, symbol listing and various tables evaluates responses of each to various Dept., NMFS Circular 384. 1973. This and plates relating mostly to wave cultural incursions and natural hazards. botanical reference provides an excellent mechanics. Impacts resulting from a cross section of means to identify plants of the coastal zone. University of Rhode Island, Marine Publi- human activities are considered for each of Illustrations provide a useful means to "key cation Series No. 2. Coastal and Offshore the nine coastal environment types out" the various species of plants. Environmental Inventory. 1971. This report described. The Report is a good general Teal, J. and Teal, M. Life and Death of the encompasses the geographic area corres- statement of the natural processes and the Salt Marsh Little, Brown and Company, ponding roughly to the Middle Atlantic man/environment conflicts which typically 1968. The easy-to-read style of this book Bight, which includes the coastal and shelf occur in the coastal zone. offers a wealth of substantive information areas between Nantucket Shoals to Cape Davis, R. A., Jr. and Ethington, R.L., eds., about the creation of salt marshes., their Hatteras, North Carolina. A review of the Beach Nearshore Sedimentation, Pub. No. ecology and conservation. state of knowledge of physical, chemical, 24, Society of Economic Paleontologists and and biographical oceanography within this Mineralogists, 1976. One paper, "Wave U. S. Army Coastal Engineering Research region is provided. Climate Models for the Continental Shelf: Center, Shore Protection Manual, Vol. 1, Critical Links Between Shelf Hydraulics and 1977. As first in a three volume series, Yasso, W. E. and Hartman, E. M., Jr., Shoreline Processes," stresses the Volume I qualitatively discusses the natural Beach Forms and Coastal Processes, New importance of coastal bathymetry upon processes involved in beach dynamics and York Sea Grant Institute, April 1976. surface wave processes. Historical changes the effect of man and quantitatively Provides insights into sedimentation and in shoreline configuration and in beach describes wave motion and littoral processes erosional processes along the heavily grain size variation along the eastern U. S such as transport and sedimentation. urbanized coast of New Jersey and Long coastline are shown to be in large part, Particularly helpful in providing necessary Island. Describes the formation of natural related to shoreline wave heights and wave background and detail on the mechanics of coastal features, discusses man's impacts energy which, as Munk and Traylor (1947) waves, currents, tides, winds and physical upon coastal processes and examines various conclusively demonstrated are in turn relationships of the littoral zone. shore protection and rejuvenation strategies. related to variations in continental shelf U. S. Army Coastal Engineering Research Most helpful in outlining effects of jetties bathymetry. Center, Shore Protection Manual, Vol. 11, and sand dredging and filling. 1977. Volume 11 is a thorough examination of structural measures used for the restora- SELECTED REFERENCES 153 APPENDIX E Other Legislation Applicable to Resource Areas Applicants filing under the Wetlands Protec- Also, for projects on Martha's Vineyard, tion Act, M.G. L. Chapter 13 1, section 40, Applicants should be aware of the act as amended, are cautioned that compliance establishing the Martha's Vineyard Com- with the Regulations under this Act, and the mission which is Chapter 637 of the Acts of guidelines contained in this Guidebook does 1974. For information concerning the not relieve compliance with all other special requirements outlined in the Act, applicable federal, state or local statutes or contact: by-laws. The Martha's Vineyard Commission Conservation Commissions should advise Box 1447 Applicants, or Applicants should otherwise Oak Bluffs, Massachusetts 02557 be aware that many coastal communities (617) 693-3453 have local zoning or non zoning bylaws that On the federal level, several significant regulate or prohibit alterations of wetland pieces of legislation regulate activities in areas within their towns, and that provision areas covered by this Guidebook: must be met to comply at the local level o Clean Water Act of 1977, especially prior to expenditure of planning and section 404 engineering funds to comply with state or n River and Harbor Act of 1899, section 10 federal requirements that might be less In Massachusetts, Applicants should contact stringent. An Applicant should familiarize the Corps of Engineers at the address below, him or herself with all applicable legislation pri.or to developing a plan that will alter the and formulate a project in a coastal environ- coastal environment. Request Publication ment that responds to all technical require- EP-1145-2-1 dated 1 November 1977 which ments of planning and design. is titled U. S. Army Corps of Engineers, Examples of such state law which may be Permit Program, A Guidefor Applicants. applicable are the: Chief Regulatory Branch n Coastal Restriction Act, M.G.L. CH. New England Division 130, s. 105 Corps of Engineers s Ocean Sanctuaries Act, M.G.L. CH. 424 Trapelo Road 132A, ss. 13-16, 18 Waltham, MA 02154 m Mineral Resources Act, M.G.L. CH. 21, (617) 894-2400, extension 332 ss. 54-58 m Massachusetts Clean Waters Act, M.G.L. CH. 21, ss. 26-53 � Waterways Laws, M.G.L. CH. 91 � Massachusetts Environmental Policy Act, M.G.L. CH. 30, ss. 61-62H Scenic Rivers Act, M.G.L. CH. 21, s. 178 154 OTHER LAWS GLOSSARY Alga-Filter Feeders Alga (pl. algae): The simplest of all green Coastal Zone (Massachusetts): For manage- Detritus: Particles of the decaying remains plant forms, having neither roots, stems, or ment purposes, the Massachusetts coastal of dead plants and animals; an important leaves. Algae range in size from microscopic zone is defined as a part of the 74 coastal source of food for many marsh animals. single cells to branching forms one hundred cities and towns located along the 1200 miles Diversity: The variety of species present in a feet or more in length. Larger marine forms of Massachusetts coastline and extending biological community. are known as seaweeds. three miles out to sea. Aquifer: A land layer which is both porous Community: All the plants and/or animals Drumlin: Elongated oval hill formed of and permeable, i.e., which stores water, and of a particular habitat. glacial till accumulated beneath a slowly also permits water to seep easily through it advancing glacier. The long axis of the hill to the next land layer, that can be Construction Standards: Minimum and steeper frontal slope mark the direction economically removed and used for human standards which must be met, according to of movement of the subsequently vanished local, state and/or federal legislation and/or glaciers. purposes. regulations, in the construction of facilities on land or water. Ecosystem: The complete ecological system Bedrock: The bottom-most level of a typical Consumer: Any living thing that is unable to operating in a given geographic system in landform, consisting of solid, hard rock. manufacture food from non-living sub- which a biological (living) community and Benthos: The community of bottom-dwell- stances but depends instead on the energy its non-living environment interact. ing life. stored in other living things. Environment: All the external conditions, Berm: A nearly horizontal upper part of the Contiguous to: In actual contact with. such as soil, water, air, and organisms, beach or one sloping away from the ocean. Continentab Shelf: A shallow portion of the surrounding a living thing. Biota: The plant and animal assemblage of a sea floor adjoining continents and extending Environmental: Relating to all the condi- biologic community. from the low-tide level seaward to a break in tions, circumstances, and influences sur- slope, generally 300 to 700 feet below sea rounding and affecting the life, develop- Bivalve: Possessing two valves, or shells. level. Widths vary from less than a mile to ment, and survival of an organism or group Bivalve molluscs include oysters, clams, and several hundred miles. of organisms. similar animals. Crustaceans: The large class of animals that Erosion Zone: Areas prone to erosion by Brackish: Used to describe waters that are includes crabs, lobsters, shrimp, and similar wind, running water, ice, or waves. mixtures of fresh and salt water. Coastal forms. Crustaceans typically live in water marshes and estuaries generally contain such and are characterized by jointed legs, Estuary: A semi-enclosed body of water moderately salty (15-25 %) water. segmented bodies, and hard external with an open connection to the sea that is skeletons. measurably diluted by freshwater drainage. Carrying Capacity: The degree to which Decomposers: Living plants and animals, coastal land and water can sustain human but chiefly fungi and bacteria, that live by Fauna: A collective term for the animal use and activity. extracting energy from the decaying tissues species present in an ecosystem. Coastal Zone Management: A comprehen- of dead plants and animals. In the process, Filter Feeders: Animals such as clams and sive program for the orderly guidance of they also release simple chemical mussels that obtain food by filtering or development within the coastal zone in order compounds stored in the dead bodies and straining it from the surrounding waters. to balance long-term economic, environ- make them available once again for use by mental, and social interests. green plants. GLOSSARY155 GLOSSARY Floodplain-Rarcolation Floodplain: The area of shorelands extend- Gut: A narrow, deep channel characterized Moraine: A deposit left by a glacier at its ing inland from the normal yearly maximum by rapid currents. terminus (terminal moraine), along the side stormwater level to the highest expected of a valley glacier (lateral moraine), down stormwater level in a given period of time Habitat: The place of residence of an animal the glacier from the junction of tributaries (i.e. 5, 50, 100 years). species or a community of species. (medial moraine), and as a thin glacial Flora: A collective term for the plant species deposit over most of the glaciated area present in an ecosystem. Hydrologic Cycle: The complete cycle of (ground moraine). Moraines are generally circulation of water on the surface of the ridges, but a ground moraine may form a Flushing Rate: The rate at which the water land, in the soil, underlying rocks and in the level plain. of an estuary is replaced (usually expressed atmosphere; the interchange of water Mud: Material consisting mostly of silt and as the time for one complete replacement). substance between earth, atmosphere and clay-sized particles (less than 0.06 milli- Food Chain: The passage of energy and ocean. meters) but often containing varying materials in the form of food from Hydrology: System of water circulation on amounts of sand and/or organic materials. producers (green plants) through a succes- the land, in the soil and underlying rocks, It is also a general term applied to any fine- sion of plant-eating and meat-eating and in the atmosphere. grained sediment whose exact size classifica- consumers. Green plants, plant-eating tion has not been determined. insects, and an insect-eating fish would form a simple food chain. See also Food Web. Inter.tidal Zone (littoral zone): Generally Nursery Area: A place where larval, Food Web: A system of interlocking food, considered to be the zone between mean juvenile, or young stages of aquatic life chains. Since few animals rely on a single high-water and mean low-water levels. concentrate for feeding or refuge. food source and since a given food is rarely Invertebrate: An animal without a Nutrient- In the ocean, any one of a number consumed exclusively by a single species of backbone. Insects and mussels are inverte- of inorganic or organic compounds or ions animals, the separate food chains in any brates, see also Vertebrate. used primarily in the nutrition of primary natural community interlock and form a producers. Nitrogen and phosphorus com- web. Littoral Processes: The movement of sedi- pounds are examples of essential nutrients. Glacial Drift: Sediment accumulated as a ment, including sand, gravel, or cobbles result of glaciation, under a glacier, at its along the coast caused by waves or currents. Panne: A shallow depression containing margins or beyond, as glaciofluvial and water left by receding tides. The water is glacial marine deposits. Marsh: A treeless form of wetland, often usually too salty to support vegetation, but Glacial Till: A "boulder clay," an unsorted developing in shallow ponds or depressions, sometimes mats of blue-green algae, stunted river margins, tidal areas, and estuaries. grasses, or showy flowers form. Pannes and and unstratified sediment deposited directly Marshes may contain either salt or fresh creeks are the principal physical features of by a glacier in moraines or drumlins and not water. Prominent among the vegetation of saltwater marshes. reworked by melt-water. marshes are grasses and sedges. Peat: Partly decayed organic matter formed Grain Size: A measure of the size of a Molluscs: A major group of animals with in boggy'areas where high acidity and a lack material or rock particle that makes up soft, boneless bodies and, usually, shells. of oxygen limits decomposition. sediment. The group includes snails, clams, mussels, Percolation- Downward flow or infiltration Groundwater: Underground body of water and oysters. of water through the pores or spaces of consisting of water that is drawn downward rocks or soil. by gravity through the soil. 156 GLOSSARY GLOSSARY Permeability-Turbidity Permeability: The ability of land to accom- Salinity: A measure of the quantity of dis- Slope: The degree of incline of land, modate the percolation of water through it. solved salts in sea water. Formally defined expressed as vertical change divided by Perturbation: The disturbance of the quality as the total amount of dissolved solids in sea horizontal change. of natural resources caused by human water in parts per thousand (%) by weight Spit: A small, elongated point of land or activity or use. when all the carbonate has been converted narrow shoal, mostly sand, projecting into a to oxide, the bromide and iodide to body of water from the shore. Photic Zone: Area penetrated by light. chloride, and all organic matter is completely oxidized. Storm Run-Off: Water which flows along Photosynthesis: The process by which green the surface of the land toward the sea during plants convert carbon dioxide and water into Salt Water Intrusion: Salt groundwater a storm. simple sugars. Chlorophyll and sunlight are which mixes with the fresh groundwater essential to the series of complex chemical supply in coastal areas. Succession: The gradual replacement of one reactions involved. Sand: Loose material which consists of biotic community by another, eventually Plankton: The minute plants and animals grains ranging between 0.0625 and 2.0 leading to a more or less stable community. that float or swim near the surface of a body millimeters in diameter. Swamp: A form of wetland characterized by of water. The enormous quantities of plant Sedge: A kind of plant resembling the moss and shrubs, or trees such as maples, plankton (phytoplankton) and animal grasses. However, sedges usually have solid gums, and cypresses. Swamps usually have plankton (zooplankton) in water provide an triangular stems in contrast to the round better drainage than bogs. Sometimes they important food source for many aquatic hollow stems of grasses. The floating mats succeed marshes in shallow water basins, animals. of bogs are often composed of sedges. and they also may develop in sluggish Porosity: The land's capacity to absorb Sediment: Solid material, both mineral and streams and floodplains. water. organic, that is in suspension, is being trans- Producers: Green plants, the basic link in ported, or has been moved from its site of Terminal Moraine: Debris deposited at the any food chain. By means of photosyn- origin by air, water, or ice and has come to end of a glacier and forming a ridge thesis, green plants manufacture the food on rest on the earth's surface either above or remaining to mark a particular glacial stage which all other living things ultimately below sea level. after the glacier has melted back or vanished. depend. Sedimentation: The settling out of solids by Productivity: The rate of biomass gravity. Tidal Inlet: A breach in a coastal barrier generally opened by a major storm and production over a period of time. Seepage: Water that flows through the soil. maintained by tidal flow. Sewage: The total organic waste and waste Topography: The configuration of a surface Recharge: The replenishment and repurifica- water generated by residential and com- area including its relative elevations and the tion of the groundwater body caused by the mercial establishments. position of its natural features. percolation of water through the land. Shrub: A woody plant, usually less than Topsoil: The uppermost level of a landform, Resuspension: The return of settled, twelve feet tall, having many stems rising consisting of soils, and above which might deposited sediment to a state of suspension from the ground. be a protective layer of vegetative in the water body. covergrass, shrubs, or trees. Turbidity: The amount of particulate matter suspended in water. GLOSSARY157 GLOSSARY Vegetative Cover-Water Table Vegetative Cover: A protective layer of grass, shrubs, or trees which lies above the topsoil. Vertebrate: An animal with a backbone. The group includes fishes, amphibians, reptiles, birds, and mammals. Watershed: A land surface which slopes downward toward a stream bed or toward the sea, and along which water flows. Water Table: The upper level of the under- ground reservoir of water. 158 GLOSSARY I I NOAA, COASTAL SERVICES CTR LIBRARY 11,111, ll@@Il llll@ @1111 @111 3 6668 14110350 9