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HomeMy WebLinkAboutAOOC Red Lily Pond Assoc to ConComThe Commonwealth of Massachusetts Division of Marine Fisheries (617) 626-1520 | www.mass.gov/marinefisheries MAURA T. HEALEY KIMBERLEY DRISCOLL REBECCA L. TEPPER THOMAS K. O’SHEA DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director SOUTH COAST FIELD STATION CAT COVE MARINE LABORATORY NORTH SHORE FIELD STATION 836 S. Rodney French Blvd 92 Fort Avenue 30 Emerson Avenue New Bedford, MA 02744 Salem, MA 01970 Gloucester, MA 01930 January 29, 2025 Barnstable Conservation Commission 367 Main Street Barnstable, MA 02601 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the request to Amend Order of Conditions by the Red Lily Pond Project Association to permit the installation of additional benthic barriers in Lake Elizabeth and Red Lily Pond in the spring of 2025. The proponents also request to apply aquatic herbicides for invasive plant management and to continue manual cutting and removal of aquatic macrophytes. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. Lake Elizabeth and Red Lily Pond has been identified by MA DMF as diadromous fish passage, migration, and/or spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), American eel (Anguilla rostrata), and white perch (Morone americana) [1]. MA DMF offers the following comment for your consideration: • A time-of-year (TOY) restriction should be observed on all manual cutting of aquatic macrophytes, benthic barrier installation/removal, and aquatic herbicide treatment activities to protect sensitive life stages of the above-mentioned species. No macrophyte removal, benthic barrier installation/removal, or herbicide treatment activities should take place from March 15 – June 30 of any year [2-3]. • Benthic barrier coverage in both ponds will constitute less than 10% of the plant growth in either waterbody (≥1% in Red Lily Pond; 2.6% in Lake Elizabeth). Th e proponent states that benthic barriers will be installed between November 1 – March 14. This proposed window of time for installation and removal is acceptable to MA DMF since it is outside of the recommended TOY restriction period. • Less than 50% of the waterbody’s surface area should be treated in any given year. In addition, less than 50% of the shoreline should be treated in any given year since the area is alewife spawning habitat. • Please add MA DMF as recipients of any project reports. Reports can be sent to Amanda Davis at amanda.davis@mass.gov. • Fuel spills from refueling of construction equipment will adversely impact sensitive resource areas. Impacts to resource areas can be avoided by prohibiting all land -based equipment from being refueled on-site. If equipment is refueled on-site, adequate containment and clean up material should be required to minimize impacts . Questions regarding this review may be directed to Amanda Davis at amanda.davis@mass.gov. Sincerely, Amanda Davis Environmental Analyst MA Division of Marine Fisheries cc: Douglas Farquhar, Red Lily Pond Association, Inc Kenneth Wagner, Water Resources Services Inc. John Logan, Kara Falvey, John Sheppard, MA DMF Patrice Bordonaro, CZM References: 1. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 2. Evans, N.T., K.H. Ford, B.C. Chase, and J. Sheppard. 2011. Recommended Time of Year Restrictions (TOYs) for Coastal Alteration Projects to Protect Marine Fisheries Resources in Massachusetts. Massachusetts Division of Marine Fisheries Technical Report, TR-47. https://www.mass.gov/doc/time-of-year-recommendations-tr- 47/download 3. Sheppard, J.J., and B.C. Chase. 2021. Herbicides. Technical Memo, Massachusetts Division of Marine Fisheries, New Bedford. https://www.mass.gov/doc/herbicides-and- diadromous-fishes/download