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Home My WebLink AboutRevised DMF Letter NOI_Smith (Salt Marsh Restoration) to Barnstable ConCom (1)The 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 8, 2025 Barnstable Conservation Commission 367 Main Street Barnstable, MA 02601 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the revised Notice of Intent (NOI) by Shannon Smith to stabilize the coastal bank, conduct salt marsh restoration activities, and to install shell bags and modular breakwaters within the intertidal area of Barnstable Harbor at 0 and 87 Salten Point Road in the Town of Barnstable. Revisions include renaming the structures to shell bags and modular breakwaters, proposing logs as secondary support to the structures, and the addition of a monitoring plan. The monitoring plan states that the site will undergo an initial assessment post-completion, seasonal visits every 3 months, and storm checks. Coir logs, native plantings, and the proposed modular breakwaters and shell bags will all be assessed during monitoring visits. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site lies within mapped shellfish habitat for northern quahog (Mercenaria mercenaria) and softshell clam (Mya arenaria). Waters within the project site have habitat characteristics suitable for these 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 project site includes existing salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [1-2] Barnstable Harbor acts as winter flounder (Pseudopleuronectes americanus) spawning habitat. Winter flounder enter the area and spawn from February 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 latest stock assessment, the Gulf of Maine winter flounder biomass status is unknown and overfishing is not occurring [3]. Given the unknown biomass status of the winter flounder stock, every effort should be made to protect the species and its spawning habitat. The project site lies within a horseshoe crab (Limulus polyphemus) spawning area and the species has been recorded nesting nearby at Blish Point. 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 2 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 [4]. Continued efforts should be made to protect the species and facilitate further stock improvement MA DMF offers the following comment for your consideration: Shoreline Stabilization • MA DMF continues to support the applicant’s proposal to protect the leading edge of the salt marsh with coir logs or matting, cobble and sediment, and native planting, provided there is a monitoring plan. • MA DMF continues to support the applicant’s proposal to restore the elevation of the small salt marsh area landward of the proposed fiber roll array. • A time-of-year (TOY) restriction should be observed to protect sensitive life stages of horseshoe crabs. No sediment deposition or bank stabilization activities other than planting should take place from May 1 – July 31 of any year to protect sensitive life stages of horseshoe crabs [5]. • A salt marsh monitoring plan has been developed for this proposal. Key details such as the expected frequency of regular check-ins, weather conditions that would initiate an additional check-in, how and who will determine if an intervention is necessary, and what will occur if the proposed project is not successful are included in the monitoring plan. MA DMF supports this comprehensive monitoring plan for the shoreline stabilization component of this project. • Salt marsh restoration of this type is uncommon; therefore, MA DMF would appreciate seasonal updates (every 3 months) until the site is considered “restored”. Updates should include photographs, a short narrative, and should be sent to amanda.davis@mass.gov. • If approved, all work should be conducted in coordination with, and guidance from, the Barnstable Shellfish Constable. • 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. Placement of Shell Bags and Modular Breakwaters in Intertidal Area • At this time, MA DMF continues to not fully support placing shell bags and modular breakwaters within the intertidal area of Barnstable Harbor. Barnstable Harbor is a high- energy system, and structures placed within the system have potential of becoming marine debris by becoming loose, stuck, or buried. • In addition, this area is frequently used by commercial and recreational shellfish harvesters. MA DMF maintains the comment that placement of shell bags and modular breakwaters in the intertidal area will displace suitable and productive quahog, razor clam, and softshell clam habitat. • The purpose or need of the shell bags is not clear. Given the productivity of the quahog fishery at this location, shell bags in the area could change the productivity of the quahog habitat. • Barnstable Harbor experiences significant boat traffic and shellfishing activities. Therefore, MA DMF can not support the use of natural wooden logs as replacements for 3 shell bags or modular breakwaters since wooden logs could become stuck, loose, and float when dislodged and would become a safety hazard. • If approved, a monitoring and intervention plan should be developed, and a shellfish mitigation plan should seek input and expertise from the Barnstable Shellfish Constable. • If approved, all work should be subject to the approval and guidance of the Barnstable Shellfish Constable. • If approved, the applicant will likely need to file for a DEP Chapter 91 Waterways permit and an Army Corps of Engineers General Permit. • MA DMF maintains the comment that the addition of ribbed mussels along the leading edge of the restored marsh could be considered as an alternative way to stabilize the marsh without altering the intertidal flats. 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: Jen Crawford, Crawford Land Management John Logan, Holly Williams, Matt Camisa, Kara Falvey, Derek Perry, Alex Boeri, Sean Terrill, Mark Rousseau, MA DMF Amy Croteau, Barnstable Shellfish Constable Patrice Bordonaro, CZM References: 1. Boesch, D.F. and R.E. Turner. 1984. “Dependence of Fishery Species on Salt Marshes: The Role of Food and Refuge.” Estuaries 7(4):460-468. https://doi.org/10.2307/1351627. 2. Deegan, L.A., J.E. Hughes, and R.A. Rountree. 2000. “Salt marsh ecosystem support of marine transient species.” In: M.P. Weinstein and D.A. Kreeger, eds. Concepts and Controversies in Tidal Marsh Ecology: Kluwer Academic Publisher, The Netherlands. pp. 333-365 3. ASMFC. 2022. Gulf of Maine Winter Flounder 2022 Management Track Assessment Report. Compiled June 2022. http://www.asmfc.org/uploads/file/63d6c2b92022_FLW_GM_RPT_Report_2022_09_01 .pdf 4. ASMFC. 2024. 2024 Horseshoe Crab Benchmark Stock Assessment Update. Prepared by the ASMFC Horseshoe Crab Stock Assessment Subcommittee pursuant to NOAA Award No. NA20NMF4740012. 4 http://www.asmfc.org/uploads/file/663d0fcdHorseshoeCrabStockAssessmentUpdate_Apr il2024.pdf 5. 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