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HomeMy WebLinkAboutDMF Comment Letter Gill to Concom 9-26-22The Commonwealth of Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400, Boston, MA 02114 p: (617) 626-1520 | f: (617) 626-1509 www.mass.gov/marinefisheries CHARLES D. BAKER KARYN E. POLITO BETHANY A. CARD RONALD S. AMIDON DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director September 22, 2022 Barnstable Conservation Commission 367 Main Street Hyannis, MA 02601 Dear Commissioners: The Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by Michael J. Gill to modify and expand an existing pier, ramp, and float within North Bay at 72 and 52 North Bay Road in the Town of Barnstable. The bottom of all proposed floats are at least 2.5 feet (30 inches) above the substrate over mapped shellfish habitat, at MLW. 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). Subtidal 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. During a shellfish survey conducted by David Ryan on August 27, 2022, American oyster (Crassostrea virginica), ribbed mussel (Geukensia demiss), and northern quahog were present. The project site overlies salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [1-3]. MA DMF offers the following comments for your consideration: • MA DMF conducted two field studies to assess the relationship between shading, marsh growth, and dock design; these studies collectively indicated that a height-to-width (H:W) ratio of 1.5:1 between the base of horizontal stringers and salt marsh reduced shading and marsh loss relative to the typically required 1:1 H:W ratio [4-5]. Current plans show a pier width of 4 feet and variable clearance between the lowest stringer and salt marsh. Current plans do not meet the 1.5:1 H:W ratio recommendation [6]. MA DMF recommends establishing a minimum 1.5:1 H:W ratio for pier decking across the full extent that overlies the marsh. • MA DMF recommends avoiding placement of piles in salt marsh vegetation to the extent practicable [6]; habitat loss associated with piling structures may require mitigation at the state or federal levels of the permitting process. • Any activities requiring a barge will 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. • MA DMF recommends that all staging and storage of construction equipment and material be located on the upland side of the project site. Questions regarding this review may be directed to Amanda Davis in our New Bedford office 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, Emma Gallagher, Terry O’Neil, MA DMF Doug Kalweit, Osterville Shellfish Constable Robert Boeri, CZM AD/eg 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. and R.H. Garritt. 1997. “Evidence for spatial variability in estuarine food webs.” Marine Ecology Progress Series 147:31-47. https://doi.org/10.3354/MEPS147031. 3. 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 4. Logan, J.M., A. Davis, C. Markos, K.H. Ford. 2018. “Effects of docks on salt marsh vegetation: An evaluation 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 5. Logan, J.M., S. Voss, A. Davis, K.H. Ford. 2018. “An experimental evaluation of dock shading impacts on salt marsh vegetation in a New England estuary.” Estuaries and Coasts 41:13–24. https://doi.org/10.1007/s12237-017-0268-4 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 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