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Home My WebLink AboutDMF Letter NOI D'Angelo 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 July 1, 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 Wendy and Steven D’Angelo to remove an existing float, reconstruct and extend an existing pier and gangway, and install two new larger floats in the Centerville River at 108 Long Beach Road in the Town of Barnstable. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site includes mapped shellfish habitat for northern quahog (Mercenaria mercenaria). Waters bordering the project site have habitat characteristics suitable for this species. American oyster (Crassostrea virginica) were found within the project site during a shellfish survey conducted by John Lowell on May 1, 2025. 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 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 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: • A new expanded pier has the potential to negatively impact nearby shellfish resources and fisheries in a variety of ways [4]. While some of these impacts can be avoided or reduced with best management practices, others are unavoidable and will result in 2 permanent impacts to shellfish habitat and associated fisheries access. Support piles will directly displace shellfish habitat, and piles may cause further indirect impacts that negatively affect bordering shellfish habitat. Leachates from any pressure-treated wood used for support piles or decking may also negatively impact nearby shellfish. Associated boating activity could result in prop dredging if the float is installed in insufficient water depth relative to the size of vessels using the structure. The support piles, float, and adjacent footprints will likely not be accessible to commercial or recreational fisheries. • The proposed extension would place the float end of the structure in water > 2.5 feet at MLW, which is consistent with MA DMF recommendations for float depth in shellfish habitat [4]. However, MA DMF also recommends that float area be minimized to the size required for the intended use [4]. The additional expanded floats appear greater than the size needed for water access and vessel dockage space. MA DMF recommends reducing the quantity of proposed floats to avoid additional shading and public access impacts. • The fact that this area is classified as "Prohibited" and shellfish are only found in the intertidal habitat does not negate its value as shellfish habitat. Although shellfish in this area cannot be harvested for human consumption, they serve as important brood stock for the area and provide forage for numerous other species of finfish and invertebrates. The continued proliferation of these projects along the coast results in a cumulative detrimental impact to the marine resources of the Commonwealth. • 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: Daniela Ojala, Down Cape Engineering, Inc. John Logan, Holly Williams, 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. 3 2. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- 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. 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