HomeMy WebLinkAboutDMF Letter NOI Cody to Barnstable 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
May 6, 2025
Barnstable Conservation Commission
367 Main Street
Barnstable, MA 02601
Dear Commissioners:
The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent
by Jamie Cody of the Centerville Qualified Personal Residence Trust to replace an existing
timber bulkhead with a vinyl bulkhead and extend the proposed vinyl bulkhead through an
existing stone revetment within the Centerville River at 90 Short Beach Road in the Town of
Barnstable. The project was reviewed with respect to potential impacts to marine fisheries
resources and habitat.
The Centerville River has been identified by MA DMF as diadromous fish passage, migration,
and/or spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis),
and American eel (Anguilla rostrata) [1].
The project site lies within mapped shellfish habitat for northern quahog (Mercenaria
mercenaria). Waters within the project site have habitat characteristics suitable for this species.
Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act
(310 CMR 10.34) and the protection of marine fisheries.
The Centerville River acts as winter flounder (Pseudopleuronectes americanus) spawning
habitat. Winter flounder enter the area 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 winter flounder stock was classified as overfished with
spawning stock biomass in 2019 estimated to be only 32% of the biomass target [2]. 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 [3]. Given the new status of the winter
flounder stock, every effort should be made to protect the species and its spawning habitat.
MA DMF offers the following comment for your consideration:
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• A time-of-year (TOY) restriction should be observed on all in-water activities to protect
sensitive life stages of winter flounder and diadromous species. No in-water, silt-
producing activities, such as bulkhead construction or revetment removal, should take
place from Jan 15th – May 31st of any year [4].
• The existing sloped stone revetment is sited within the intertidal area and provides habitat
for shore zone fishes, invertebrates, and shellfish. The proposed reconstruction would
remove this habitat. MA DMF encourages the proponents to seek alternative approaches
that would allow the stones to remain in place.
• Construction activity, including staging of construction material and equipment as well as
equipment transit to and from the construction site, should avoid intertidal habitat to the
greatest extent practicable. As much work as possible should be conducted from the
upland portion of the project site to minimize impacts and avoid compaction of sediment
in mapped shellfish habitat. Any work in the intertidal zone should be limited to low tide,
such that work is conducted in the “dry”.
• Any activities requiring a barge should be restricted to 2 hours before and after high tide
to prevent barge grounding in mapped shellfish habitat.
• 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:
John O’Dea, Sullivan Engineering & Consulting, Inc
John Logan, Matt Camisa, Kara Falvey, MA DMF
Patrice Bordonaro, CZM
AD/kf
References:
1. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis-
data-diadromous-fish. Accessed February 8, 2023. 2023.
2. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment
Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE-
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MA_WinterFlounderAssessmentUpdate.pdf
3. ASMFC. 2022. Southern New England Mid-Atlantic Winter Flounder 2022 Management
Track Assessment Report. Compiled June 2022. https://apps-
nefsc.fisheries.noaa.gov/saw/sasi.php
4. 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
5. Logan, J.M., A. Boeri, J. Carr, T. Evans, E.M. Feeney, K. Frew, F. Schenck, and K.H.
Ford. 2022. A review of habitat impacts from residential docks and recommended Best
Management Practices with an emphasis on the northeastern United States. Estuaries
Coasts 45: 1189–1216. https://www.mass.gov/doc/dock-bmp-
recommendations/download