The URL can be used to link to this page

Home My WebLink AboutDMF Letter EEA# 16934 Town of Barnstable to MEPA 3-24-25The 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 March 24, 2025 Secretary Rebecca Tepper Executive Office of Energy and Environmental Affairs (EEA) Attn: MEPA Office Nicholas Perry, EEA No. 16934 100 Cambridge Street, Suite 900 Boston, MA 02114 Dear Secretary Tepper: The Division of Marine Fisheries (MA DMF) has reviewed the Environmental Notification Form (ENF) by the Town of Barnstable for the West and North Bay Maintenance Dredging Project. MA DMF also attended the MEPA Remote Consultation for this project on March 19, 2025. The ENF includes maintenance dredging and disposal of dredge spoils for two areas omitted from the Town’s 10-Year Comprehensive Dredging & Beach Nourishment Project due to identification of material unsuitable for beach nourishment at both locations. Mechanical dredging of a total of approximately 37,299 cubic yards of sediment is proposed across a 342,017 square foot area of seafloor for the West and North Bay sites combined. The West Bay inner entrance channel would be dredged to -11.0 feet MLLW and the North Bay Street channel would be dredged to a depth of -8.0 feet MLLW. Both sites would include an additional one foot of allowable overdredge and maintain 3H:1V side slopes. Due to a high percentage of fines in the dredge material, offshore disposal at the Cape Cod Bay Disposal Site (CCBDS) is proposed for all dredge spoils. The anticipated work window for dredging and disposal identified in the ENF is October 2026 to January 31st 2027. Existing marine fisheries resources and habitat are outlined in the following paragraphs as well as recommendations for avoidance and minimization of impacts to these resources. Both dredge sites include or closely border mapped habitat for a variety of shellfish species. Both sites include mapped quahog (Mercenaria mercenaria) habitat and closely border mapped bay scallop (Argopecten irradians) habitat. The North Bay Street channel also closely borders habitat for both American oyster (Crassostrea virginica) and soft shell clam (Mya arenaria). Waters within and bordering the project sites have habitat characteristics suitable for these species. Several aquaculture grants are also located in close proximity to the West Bay Channel dredge site. Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the protection of marine fisheries. North Bay and West Bay are also identified as winter flounder (Pseudopleuronectes americanus) spawning habitat. Winter flounder enter these areas and spawn from January through May; demersal eggs hatch approximately 15 to 20 days later. The Atlantic States Marine Fisheries Commission has designated winter flounder spawning habitat as a “Habitat Area of Particular Concern” (HAPC). In the previous stock assessment, the Southern New England winter flounder 2 stock was classified as overfished with spawning stock biomass in 2019 estimated to be only 32% of the biomass target [1]. Spawning stock biomass in 2021 was estimated to be 101% of the biomass target based on a new recruitment stanza focusing only on the past twenty years [2]. Protection of habitat during the spawning period, larval settlement and juvenile development phases continues to be recommended to support recovery of both winter flounder stocks in Massachusetts state waters. Horseshoe crabs (Limulus polyphemus) also use shorelines within North and West Bay as spawning habitat. Horseshoe crabs deposit their eggs in the upper intertidal regions of sandy beaches from late spring to early summer during spring high tides. Adult crabs congregate in deep waters during the day while they wait to spawn on nearby beaches at night. Eggs hatch approximately two to four weeks later. The 2024 benchmark stock assessment indicates that the New England horseshoe crab stock status continues to be neutral [3]. Continued efforts should be made to protect the species and facilitate further stock improvement. Cape Cod Bay provides seasonal foraging habitat for the North Atlantic right whale (Eubalaena glacialis). Cape Cod Bay is a designated Critical Habitat Area for right whales. Peak abundance in this region is typically winter to early spring [4]. MA DMF offers the following comments for your consideration: • Time of year (TOY) restrictions are recommended for the two dredge sites as well as the offshore disposal site. For the two dredge sites, all in -water silt-producing work should be staged to avoid the TOY restriction period of January 15 to June 30 [4]. This combined TOY period protects winter flounder during the spawning period, larval settlement and juvenile development phases as well as adult horseshoe crabs staging in migratory channels prior to spawning. All activities in Cape Cod Bay related to the disposal of dredge spoils at the Cape Cod Bay Disposal Site are recommended to occur outside of the January 1 to May 15 TOY restriction period to protect right whale feeding aggregations in the critical habitat area in Cape Cod Bay [4]. • Given the identified high percentage of fine materials in the proposed dredge spoils, best management practices are recommended to minimize turbidity impacts to bordering resources including shellfish habitat and aquaculture grants. Adoption of the most appropriate turbidity containment for these sites (e.g., environmental bucket, silt curtains) should be developed in the permitting process. Additionally, all dredging activity should be performed in coordination with the town shellfish constable and local aquaculture operators to minimize impacts to nearby aquaculture grants. Questions regarding this review may be directed to John Logan in our New Bedford office at john.logan@mass.gov. Sincerely, Daniel J. McKiernan 3 Director cc: Barnstable Conservation Commission Amy Croteau, Shellfish Constable, Town of Barnstable Jimmy Hill, FOTH Sabrina Pereira, Alexa Cacacie, NMFS Steve McKenna, CZM Rachel Croy, Ed Reiner, EPA David Wong, DEP Kara Falvey, Amanda Davis, Holly Williams, Matt Camisa, Erin Burke, DMF References 1. ASMFC. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf. Accessed November 22, 2021. 2020. 2. ASMFC. Southern New England Mid-Atlantic winter flounder 2022 Management Track Assessment Report. Compiled June 2022. https://apps-nefsc.fisheries.noaa.gov/saw/sasi.php. 2022. 3. ASMFC. Atlantic States Marine Fisheries Commission 2024 Horseshoe Crab Stock Assessment Update. https://www.asmfc.org/uploads/file/663d0fcdHorseshoeCrabStockAssessmentUpdate_April2 024.pdf. 2024. 4. Evans NT, Ford KH, Chase BC, Sheppard J. 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. Accessed September 29, 2021. 2011. DM/JL/sd