1/31/2013 CONSERVATION COMMISSION Minutes

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I Agent McManus states the Orders for 43-1552 does have an ongoing condition for beach nourishment; special condition #15 states that it shall be extendd beyond the Certificate of Compliance in perpetuity. Mr. Fogel states that when you do the math; 360 cubic yards which is what they believe to be the appropriate calculation over a 17 year period, would translate to approximately 6800—8000 cubic yards that has been provided. Although not annually spread out, Tidwath and its predecessors have already provided an average f about 00-360 orbic yards annually. Mr. Gurnee states that 4000 cubic yards has already been lost in one year. Mr. Fogel says that some years they do not Ione any and other years they lose a It so it is the long terra average that is calculated. Agent McManus states that the documentation that Mr. Fogel submitted summarizes that Tid wait h will begin to place 1500 cubic yards annually between September 15th and April 15'h on the revetment t Tid ewatch if coordinarti n has been received from New S abury/Bayswater and a portion of that volume will be placed o n the coastal bank and beach at Bayswater. Mr. Fogel says that report i s from August and is out of date. There has since been a report issued in January 2013 that supersedes the August 2012 report which has the analysis from the coastal geologists that Tid wat h hired. The argent reads a report from the Phoenix Group of various am deposits during the years of 1998— 29 but none contain any specific dates. Agent McManus says that he does not doubt all the sand deliveries but because there is still a lack of profiling information, it is hard to determine if it applies t the Order of Conditions requirements r if it applied to the revetment repair. Mr. Fogel states the Order of Conditions 43-1552 supersedes 43-1166. The argent states that he will contact Town Counsel-to see if one Order of Conditions supersedes another Order that was issued prior with the annual 1500 cubic yards of beach nourishment. , Don Monroe from Coastal Engineering states that they had been hired by Tidwath in 2009 over concern of the r v trn ent so they had started profiling at that time. Mr. Foge I says that they can submit the profiling documentation whi h shows a very small amount of profile change in front of the toe stones. Mr. Fogel states they propose to have a perpetual condition in a Certificate of Compliance for 360 cubic yards annually along with the profiling requirements. Agent McManus reads the ongoing conditions from 43-1166. Mr. Fogel states that Mr. Berman suggests a 125%catch-up of 450 cubic yards. Chairman Fitzsimmons states that Mr. Berman actually wrote in his report that it is up to the Commission to determine if it should be 360 cubic yards or 1500 cubic yards or even somewhere in between. The Chairman continues with Mr. Berman's report which says that since 2905, approximately 2,509 cubic yards has been denied to the coastal system and Mr. Berman's suggestion is to not stretch out the itcat h-up" part over 10 years. Mr. Fogel states that that paragraph is from an earlier memo and is not in the final conclusion from January 29"which suggests that the Conservation Commission may want to consider applying a multiplier of 125% to 360) equally to 450 to the catch-up volume in order to alit the resource recovery. Agent McManus states that it will corns down to a vote from the Commission on how relevant Mr. Berman's input is. The agent would like to clarify from Town Counsel if one Order of Conditions nullifies ar previous Order of Conditions. Tara Marrd n from woods Hole Group believes she can explain the 1500 cubic yard requirement for Tid wat h. Ms. Marden explains that she has a lot of clients in that area since 1999 and she states that she monitored the reconstruction of the revetment 2005. Many of her clients have beach nourishment requirements; one in particular has a revetment of 120' long with a beach nourishment requirement of 330 cubic yards per year. Ms. Marden states that:there was ar study done in the early 's of the erosion rates by Dave Aubrey who used two sets of photographs and came up with two average erosion rates between two different time frames; 1938 to 1962 the bluffs were receding at approximately 2 feet per year. when most of the structures were being built in the 70's and 80's, the bluff erosion increased to almost 4 feet per year. M . Marden also says that two international scientists from woods Hole Group also did a thorough investigation and the numbers that they care up with for beach nourishment for homeowner n Triton Way, whi h was filed as an E N F (Environmental Notification Form) with NEPA in the Depart mnt of E nvi ro n me ntal Protection, were 6