Rebuilding a Jetty

[gokart-mozart]

I live in a development with two beaches. The westernmost beach was constructed in 1968 with a rock jetty to protect the beach from erosion due to the prevailing west-northwest wind.

Two things have happened since 1968. Repairs were made to the dam on our lake, resulting in consistently higher water, and the boulders used to build the jetty have sunk several feet into the lake bottom. The result is constant wind-driven scouring of the beach since the waves now overtop the jetty except in a flat calm, and constant loss of sand.

I've been told not to even bother applying for a permit to restore the jetty, since DES would not grant it under any circumstances. This makes no sense to me.

Does anyone know whether or not this is worth pursuing?

[tis]

We were told the state is not allowing any more permanent docks if the area is not rough. (unless it is grandfathered and is built exactly as it is.) You mentioned that it is very rough where you are so I would think it would be allowed to repair a breakwater. I would think it would be worth a shot anyway.

[fatlazyless]

Here's a useless piece of information because it is probably illegal but still is interesting. Years ago, on a 200 acre pond in western Maine, not too far from North Conway, I helped replace the washed out dam on the pond's small outlet as the water level had dropped by five feet and the camp season was about to start.

It was much easier than one would think. After loading up an aluminum rowboat with bags of dry concrete, we simply set the bags neatly into the water and replaced the old leaky earth & rock dam in one morning. Water soaks right through the paper bags and the concrete sets up, underwater. It turned out to be a very effective dam and lasted for at least five years, and is possibly still there in Maine.


..and a couple weeks later here in New Hampshire, a likely conversation...

"Hello DES....well ya-know....it must have been some type of cement beaver that built that there dam....I dunno" :D

[jmen24]

http://des.nh.gov/organization/divisions/water/wetlands/decisions/2009/documents/090517.pdf

Read through that link as these are the rulings on permits filed to the DES regarding waterfront repairs, alterations and additions in the State of New Hampshire in the last two months. You will read of many repairs having to do with breakwaters, permanent docks shorefront erosion and so on. Remember a jetty, breakwater, dock, boathouse and shorefront below the high water mark are in the WETLANDS zone and are not controlled by the CSPA. It is a completely seperate permiting process and different rules that have not changed drastically in years. You can build a new boathouse, you can build a new permanent dock, all you need to do is play by the rules and do it there way in the areas that touch the water and prove that you will not ruin the bottom of the lake in doing so. If your project extends from the wetlands zone to the shorefront buffer, the wetlands permit trumps the CSPA. File a permit to repair your jetty, it has been in place for over 50 years and while you are at it file a permit to repair your beach that has been compromised due to the breakdown of your jetty.

[Onshore]

Thanks Jmen24. The only thing I would add would be to file for the whole project under a single Wetlands application not 2 separate apps as it will save you about $200 in filing fees.

[gokart-mozart]

Thanks Jmen24. The only thing I would add would be to file for the whole project under a single Wetlands application not 2 separate apps as it will save you about $200 in filing fees.

Do you mean that a single, wetlands application could be filed which would cover repair of the beach, as well?

We have an existing application to Shoreland Protection to install landward erosion control structures and replace sand, but actually, most of the erosion is wind-driven water coming over the breakwater.

Can a single wetlands application cover everything that's needed?

[jmen24]

To handle the repair of the breakwater you need a wetlands permit, if that breakwater extends on shore than yes a wetlands permit would cover both aspects of that project. What Shore Things was refering to was my comment of applying to repair the beach as well that is do to the water getting over the existing breakwater that is no longer serving its purpose.

If you already have a permit filed for land work than that might work differently. You may want to PM Shore Things as she is the contact at DES that would help you out directly. But yes in a nut shell if you had received good information in the beginning (I say that only because there is a stigma around the lake regarding waterfront work, I do not know your personal situation) you could have filed a wetlands permit for the repair of the breakwater, beach repair and repair of the land portion as long as it could be considered a single project.

[Gatto Nero]

Keep in mind that just because the breakwater has been there since 1968 if it was not permitted at that time, a good bet, or it as not been maintained for the past five years, then it may not be considered grandfathered. In which case you may need to prove the need for it. In order to do that you would need to prove the existence of consistent 2' waves over a 4 hour period on at least 4 different occasions between May 15 and October 15. I can tell you from experience (5 years worth) that it's possible, but not easy, to do. Good luck.

Edit: I should add that if "The proposed site for the breakwater is exposed to a single radial fetch of at least 4 miles between compass headings 300 and 330 degrees as measured from true north" then the above proof should not be necessary. There is a map available on the DES website that shows where you can pretty much automatically get approval for a breakwater but I couldn't immediately put my hands on it.