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agent-states that he told their representative, Attorney Fogel that this would be the re pon ibility of the <br /> department to follow up on these orders and it should not serve as any kind of delay. Agent McManus <br /> states that he also consulted with Town Counsel on the spacing of the piles for the Bayswater project <br /> and Attorney Costello had suggested that the Commission investigate whether or not the piles are <br /> conforming to the plan of record is a ;(grey„ area as to the interpretation of the pile spacing. The agent <br /> would like Dirk from Woods Hole Group speak his side of the story on how they positioned the piles. <br /> Coastal Engineering has interpreted one way and Woods Hole Group sticking with their original <br /> footprint on the plan. The plan of record states that the piles are to be 2' on center apart: tiro staggered <br /> rows plus or minus ". The part that says that.there is a " separation of pile rows does not say"on <br /> center". <br /> {irk Bo ma, Coastal Engineer, Woods Hole Group, explains that their intent of the staggered rows of <br /> piles was for tee stabilization device for the biodegradable features behind the structure. Mr. Bra <br /> points out the notes on the plan and that they would explain a lot of the features but it is not expected to <br /> last more than five years with diligent maintenance is expected. The front piles were to be sure.that <br /> there would be adequate sand transmission. The way it was originally installed and designed did <br /> adequately comply with the-plan but since then there have been some modifications that involved 2 <br /> and filter fabric due to concerned safety precautions. Mr. Bora states that they have since been <br /> removed to return to sand-transmission. The intent was to have " on center of the two rows which <br /> leads to approximately 1 - 11/2" spacing between each pile.- Mr. Boma states that was there when it <br /> was originally put in and that is ghat was there when they asked for compliance. Because of the filter <br /> fabric and 2 x 4'sduring a couple of storm events, it caused the piles to shift quite a bit to where some <br /> were even touching in some places. Mr. Brea says that there was adequate sand transmission but <br /> was causing a safety issue; there was so much sand going through the gaps that people were worried <br /> about the cavities that were forming behind the pilings. .Mr. Boma states that the gaps needed.to be <br /> big enough to allow sand transmission but not too big that it would just be a slower sheet flog so a <br /> long as the original design is maintained, it would help sand get through the banks specifically during <br /> storm events. That was the original intent and W' hen they had requested the Certificate of compliance <br /> and the agent care to inspect it; that is what was there but it has been about a year. The filter fabric <br /> and 2 x 4's installed since then has caused the shifting to occur and at that point, that is when it was not <br /> what was originally designed. The design functioned fairly well in the fiat year and because of the filter <br /> fabric and 2 x 4's, it wasn't really given a chance to see ghat it's going to do. Mr. Bora states that-the <br /> intent is, over time: that the bank will start to vegetate heavily. Mr. Gurnee asks if there are any plans <br /> to actively vegetate it or hope that something grows. Mr. Bora states it was vegetated and was in the <br /> plans to vegetate the outward part of the slope which he says about a 1/3 of the upper part of the bank <br /> was vegetated but because of the annual sand supply placed on the lower part of the bank, they could <br /> not plant there. They are hoping it will spread enough so that the,annual sand supply can be placed in <br /> front on the beach. <br /> Agent McManus states that Tidewatch maintains the project does not comply with the plan of record but <br /> he has observed that currently, the project is operating the way it should since the filter fabric and 2 <br /> 4's have been-removed. Chairman Fitzsimmons mon states that Attorney Fogel is concerned that the enure <br /> project is interfering with the beach and that was.why he contacted DEP, Agent McManus says that <br /> Ms. Coheres told hurt that she was going to contact Woods Hole Group to speak to therm about the <br /> project but Mr. Bowra states that she has not contacted therm. Agent McManus says that he is unsure <br /> where DEQ' stands on this and-he says that he feels as though DEQ' is placing it back into the <br /> Commission's lap. Mr. Sweet states that there have been issues with the rocks and the agent says that <br /> the plan is a 1"-30' scale and it shows the rocks come to approximately o' plus or acinus and that was <br /> what he measured. Mr. Sweet asks if anything has been changed and Mr. o terhoudt states that they <br /> have removed the 2 x 4's and the filter fabric based on the understanding of the Enforcement order <br /> that was going to be issued to be in compliance. Mr. Osterhoudt says the rocks will remain as they <br /> were approved according to the plan of record. The Chairman says that he had understood that there <br /> was to be some relocation of the rocks and Mr. osterhoudt states that they were going to rove the <br /> rocks to respond to Tidewatch concerns. Mr. osterhoudt asks the'Commission to go ahead ars <br /> issue the Enforcement Order to remove the filter fabric and 2 x 4's and also state that it was removed <br />