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Home My WebLink AboutDMF Letter NOI Miller to Barnstable ConComThe Commonwealth of Massachusetts Division of Marine Fisheries (617) 626-1520 | mass.gov/MarineFisheries Maura T. Healey Governor Kimberly Driscoll Lt. Governor Rebecca L. Tepper Secretary Thomas K. O’Shea Commissioner Daniel J. McKiernan Director April 27, 2026 Barnstable Conservatfon Commission 367 Main Street Hyannis, MA 02601 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notfce of Intent (NOI) by Scott Miller of LDS Development Group, LLC., to remove a wooden step and platiorm from the salt marsh and construct a dock, ramp, and float within Shoestring Bay at 640 Poponessett Road in the Town of Barnstable. The applicant is proposing to use a water-jetting method to install the dock. The project was reviewed with respect to potentfal impacts to marine fisheries resources and habitat. The project site overlies salt marsh vegetatfon. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [1-2]. Shoestring Bay has been identffied by MA DMF as diadromous fish passage, migratfon, and/or spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), American eel (Anguilla rostrata), and white perch (Morone americana) [3]. Shoestring Bay 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 Atlantfc States Marine Fisheries Commission has designated winter flounder spawning habitat as a “Habitat Area of Partfcular Concern” (HAPC). In the previous stock assessment, the winter flounder stock was classified as overfished, with spawning stock biomass in 2019 estfmated to be only 32% of the biomass target [4]. Spawning stock biomass in 2021 was estfmated to be 101% of the biomass target based on a new recruitment stanza focusing only on the past twenty years [5]. 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 comments for your consideratfon: • A new pier has the potentfal to negatfvely impact nearby shellfish resources and fisheries in a variety of ways [6]. While some of these impacts can be avoided or reduced with best management practfces, others are unavoidable and will result in permanent impacts to 2 shellfish habitat and associated fisheries access. Support piles will directly displace salt marsh habitat, and piles may cause further indirect impacts that negatfvely affect bordering salt marsh and shellfish habitat. Leachates from any pressure-treated wood used for support piles or decking may also negatfvely impact nearby shellfish. Associated boatfng actfvity could result in prop dredging if the float is installed in insufficient water depth relatfve to the size of vessels using the structure. The support piles, float, and adjacent footprints will likely not be accessible to commercial or recreatfonal fisheries. • The narratfve states that dock constructfon will incorporate a water-jetting approach. Jetting piles can cause scouring in the habitat surrounding the installed piles that can persist for years post-constructfon. MA DMF recommends using a vibratory hammer with a slow-start approach for pile driving instead of jetting to minimize habitat disturbance [6]. • MA DMF conducted two field studies to assess the relatfonship between shading, marsh growth, and dock design; these studies collectfvely indicated that a height-to-width (H:W) ratfo of 1.5:1 between the base of the lowest hanging horizontal stringer and salt marsh reduced shading and marsh loss relatfve to the typically required 1:1 H:W ratfo [6-8]. Current plans of a 4’ wide dock and less than 6’ of clearance do not meet this 1.5:1 recommendatfon. MA DMF recommends reducing the width of the dock and/or raising the dock to establish a minimum 1.5:1 H:W ratfo across the full extent of the marsh. • The current plans include access stairs within salt marsh habitat, which will create additfonal shade and other marsh impacts (e.g., wrack accumulatfon). Raising the structure to maintain 5 feet of clearance at MHW would reduce shading and could accommodate public access while avoiding impacts associated with stairs in marsh habitat. • If approved, any actfvitfes requiring a barge should be restricted to 2 hours before and after high tfde to prevent barge grounding in marine habitat. • Fuel spills from refueling of constructfon equipment will adversely impact sensitfve resource areas. Impacts to resource areas can be avoided by prohibitfng 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. Questfons regarding this review may be directed to Amanda Davis at amanda.davis@mass.gov. Sincerely, Amanda Davis Environmental Analyst MA Division of Marine Fisheries 3 cc: Matthew Eddy, Baxter Nye Engineering John Logan, Kara Falvey, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF Amy Croteau, Barnstable Shellfish Constable Patrice Bordonaro, CZM AD/kf/ah 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. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 4. ASMFC. 2020. Southern New England Mid-Atlantfc Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 5. ASMFC. 2022. Southern New England Mid-Atlantfc Winter Flounder 2022 Management Track Assessment Report. Compiled June 2022. https://apps- nefsc.fisheries.noaa.gov/saw/sasi.php 6. 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 residentfal docks and recommended Best Management Practfces with an emphasis on the northeastern United States. Estuaries Coasts 45: 1189–1216. https://www.mass.gov/doc/dock-bmp- recommendations/download 7. Logan, J.M., A. Davis, C. Markos, K.H. Ford. 2018. “Effects of docks on salt marsh vegetatfon: An evaluatfon of ecological impacts and the efficacy of current design standards.” Estuaries and Coasts 41:661–675. https://doi.org/10.1007/s12237-017-0323- 1 8. Logan, J.M., S. Voss, A. Davis, K.H. Ford. 2018. “An experimental evaluatfon of dock shading impacts on salt marsh vegetatfon in a New England estuary.” Estuaries and Coasts 41:13–24. https://doi.org/10.1007/s12237-017-026