Conservation Commission Meeting
TOWN OF 
HARWICH
732 Main Street
Harwich, MA 02645
CONSERVATION COMMISSION (508) 430-7538 FAX: (508) 430-7531
HARWICH CONSERVATION COMMISSION
CHATHAM CONSERVATION COMMISSION
JOINT MEETING
APRIL 9, 2015 6:30 PM
Chatham Community Center
702 Main Street, Chatham, MA 02637
Present:
HCC – Walter Diggs, Chairman, John Rosetti, Jane Fleming, Brad Chase, Bob Hartwell and Amy Usowski, Conservation Administrator.
Absent: Robert Sarantis and Dean Hederstedt
Present:
CCC – Robert Lear, Chairman, Dr. Michael Tomprett, Vice Chairman, Joseph Scariatelli, Richard Drury, Betsy Sommer, Ella Leavitt, Assoc. Mem. Chris Jenien, Florence Seldin, BOS Liaison, and Kristin Andres, Conservation Agent Administrator.
Absent: Kay Bryce and James “Buck” Upson
6:00 PM - CTO by Walter Diggs, Chairman, HCC
Motion made by Jane Fleming to Continue to 6:30 PM. Seconded by Bob Hartwell. Voting in Favor 4: Jane Fleming, JohnRossetti, Brad Chase, and Bob Hartwell.
6:34 PM CTO by Robert Lear, Chairman, CCC. Recording announcement of Meeting. Notice of Intent read into record.
Presenter: Dr. Robert Duncanson
State project in conjunction with Towns of Harwich and Chatham. Dr. Duncanson stated permitting and design approvals cause for delay to the project. He presented the following overheads with explanations:
MUDDY CREEK RESTORATION BRIDGE PROJECT
Existing Conditions
v Restricted tidal Flushing
v Poor Water quality
· Total Nitrogen TMDL
· Bacterial TMDL
v Wetlands Impacts
· Loss of marine wetlands
· Introduction of invasive species
v Shellfish Closures
v Limitations on fish passage
v Limited public water access
Restoration Assessment
v Alternatives – Chatham MEP (2003)
v Priority Project – MassDER Wetland Restoration Program (2008)
v Hydrodynamic model - optimal opening (2009)
v Water Quality & Resource Assessments Confirmed Benefits (2010 -2012)
v Design alternatives – single span bridge (2012)
v Design and permitting 2013 – present)
Restoration Benefits – Wetlands
v 56 acres of wetlands restored
v Long Term Restoration Benefits
· Increased Salinity and Tidal Range
· Reduction of Invasive Stands - Improved Biodiversity
· Expansion of Tidal Mud Flats and Low Marsh Communities
· New and Expanded Brackish & High Marsh Communities
· Improved Habitat for several High Priority Species/Populations of migratory waterfowl & other migratory species.
Restoration Benefits – Fish/Shellfish
v Long – Term Restoration Benefits
· Larger Channel Opening Will Improve Fish Passage Opportunities for American eel, Alewife, Whit Perch, Frost Fish and Blue Crab
· Increased Tidal Exchange Will Improve Water Habitat Quality
· Improved Shellfish habitat (formerly a robust habitat for quahog (Mercenaria mercenaria)
Proposed Bridge Structure
Design life of bridge 75 years
Will use accelerated bridge construction techniques (9 month construction)
Construction to start after Labor Day. Anticipated shorter period of time for closure of bridge during construction.
MASS DOT changed design to include foot bridge and bike lane (made safer for public)
Numerous discussions with engineers to reduce environmental impact
Performance Standards – Land Under Ocean
Ø WPA
o Temporary impacts mitigated by BMPs; compost filter tubes, turbidity curtains
o No loss of LUO
o Finfish, shellfish, avian habitat improved
Ø Chatham
o No alteration to bottom topography to reduce storm damage prevention
o Water circulation, quality will improve
o NHESP No take Determination
Performance Standards – Coastal Dunes
Ø WPA
o No alteration to prevent removal of sand via waves
o No increase in storm damage, loss of lateral movement
o No known bird nesting sites disturbed
o Minimize disturbance to vegetative cover
o Sidewalk embankment (turf mat and vegetated cover)
o Finfish, shellfish, avian habitat improved
o NHESP No Take Determination
Ø Chatham
o Draw down from storm surge will increase, limiting storm damage
Performance Standards – Coastal Beach
Ø WPA
o Channel will have scour protection to prevent erosion of coastal beach
o Finfish, shellfish, avian habitat improved
o NHESP No Take Determination
o No known bird nesting sites disturbed
Ø Chatham
o No permanent impacts to coastal beach
Performance Standards – Coastal Bank
Ø WPA
o Not expected to alter stability of coastal bank (vertical buffer)
o Finfish, shellfish, avian habitat improved
o No known bird nesting sites disturbed
Ø Chatham
o NHESP No Take Determination
Ø Harwich
o Project does not diminish coastal bank’s ability to prevent storm damage
Performance Standards – Salt Marsh
Ø WPA
o Existing 2.7 acres will benefit from improved tidal exchange
o Restoration expected to increase salt marsh resource (<16.6 acres or +_ 64,000 sf)
o Permanent loss of 1,900 sf
o Salt Marsh disturbed during Construction replanted with 2” plugs
Performance Standards – Land Cont. Shellfish
Ø WPA
o Temporary construction impacts in the footprint of the project
o Post project land containing shellfish will be enhanced due to improved water quality and salt Marsh/Wetlands health
o Potential restoration of shellfish habitat inside Muddy Creek
Ø Chatham
o Project expected to increase productivity of land containing shellfish
Performance Standards – Land Under Fish Runs
Ø Land Under Fish Runs
o Temporary bypass pipe will maintain tidal flow
o In-water activities will observe TOY restrictions
o Larger opening and improved habitat for anadromous and catadromous fish
Performance Standards
Ø Measures to Protect Buffer Zones
o Appropriate erosion and sedimentation controls
o Construction staging on road bed
o Vegetated areas disturbed during construction will be restored
o Town variance criteria met for work in buffer zones
Exemptions and Variances
Ø Limited Project Status (310 CMR 10.24)
o Allows project to be permitted when performance standards are not met
· Maintenance and improvement of existing roadways
· Routine maintenance and repair of road structures including culverts…
Ø Project Meets Criteria for Variance for Work in No Disturb Zone for Chatham (4.01 (3)(d) and Harwich (310-4(d) bylaws
Discussion at End of Presentation
§ Notice of Procedure Contract – Late August (need to relocate some utilities)
§ Mid December to Mid April closure of bridge anticipated
§ Procedure for excavation of the creek
Questions From CCC
Q. What will excavated material be used for
A. If compatible, some may be used for beach nourishment. The rest will be taken off site. Any material not used in embankment will be taken off site as of right now.
Q. Regarding pre and post wetland expectations
A. Narrow land (some die back) but, expect transition to ecological appropriate species over time.
Questions From HCC
Q. Regarding area of sidewalks and rip rap
A. Will not alter current plans
Q. Regarding flooding in upper creek near property owners
A. Detailed analysis of properties on both sides taken and issues addressed by engineers (mitigation and monitoring planned)
Q. Regarding creation of 16 additional acres of marshland in documentation
A. Maybe as much as 16 acres – depends on flushing (transition of wetlands)
Q. Regarding change in the slope section
A. Relatively level
Q. Regarding Orders of Conditions
A. Will be reviewed and sent to Commissions
Q. At what state is the design
A. Design at 25%. Progress to 75% within next couple of months
Q. Regarding bypass pike and hydro analysis. Commission would like to see reports.
A. Available and will be provided.
Mike Clemens – MA DOT commented on procedure for progress of plan by DOT
Questions from the Audience
Q. Regarding restoration of Jack Knife Road
A. No specific plans at present, will be addressed in future
Comment
Amy Usowski, Conservation Administrator for Harwich noted that Harwich and Chatham use different procedures of voting on Order of Conditions.
7:50 PM Adjournment
CCC Motion made by Joseph Scariatelli to close the hearing. Seconded by Mike Tomprett. All in Favor
HCC Motion made by Jane Fleming to close the hearing. Seconded by Bob Hartwell. All in Favor.
Motion made b y Joseph Scariatelli to adjourn. Seconded by Mike Tomprett. All in favor.
Minutes transcribed by Harwich Board Secretary, Marie A. Hickey
HARWICH CONSERVATION COMMISSION
SIGN-IN SHEET
DATE: April 9, 2015
TIME: 6:30 PM
PLACE: Chatham Community Center
Larry Ballantine Harwich
Mary & Jeff Laneta Chatham
Mike Clementa MASS DOT
Matt Cannon HCT/CCF
Ray D’Avery Abutter
Dale Carter Abutter
Jon Vaughn Harwich
Wendy Woods Hartwell Harwich
Charles & Marta Davis Chatham
Douglas Nickols Chatham
Eric Derenloft USFWS
Charole Ridley Harwich