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HomeMy WebLinkAboutDMF Comment Letter Daley to Barnstable ConCom 7-19-23The 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 19, 2023 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 (NOI) by Charles and Janet Daley to reconstruct a bulkhead at 280 North Bay Road adjacent to Cotuit Bay in the Town of Barnstable. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site abuts mapped shellfish habitat for northern quahog (Mercenaria mercenaria) and soft-shell clam (Mya arenaria). Waters bordering the project site have habitat characteristics suitable for these species. The project site also abuts aquaculture permit site #157820 . Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the protection of marine fisheries. MA DMF offers the following comment for your consideration: • Since the area seaward of the bulkhead has experienced erosion, the proponent could consider nourishing the area in front of the new bulkhead. • Any beach nourishment should be consistent with MassDEP’s Beach Nourishment Guide (Haney et al. 2007). Beach fill material should be of appropriate slope to avoid premature loss from the beach and impacts to nearshore bottom habitat. • Repair of the structure should be within the same footprint as the existing structure. Any expansion of the footprint into tidal waters of the Commonwealth will result in the loss of shellfish habitat. • 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 and/or above mean high water 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 Drafted 2016; Updated 202 3 2 equipment from being refueled on-site. If equipment is refueled on -site, adequate containment and clean up material should be required to minimize impacts. • Appropriate erosion control measures should be employed to minimize runoff from the property into the resource area during construction. Questions regarding this review may be directed to Amanda Davis at aman da.davis@mass.gov. Sincerely, cc: Charles Rowland, Sullivan Engineering & Consulting, Inc. John Logan, Emma Gallagher, Maggie O'Leary, MA DMF Amy Croteau, Barnstable Shellfish Constable Robert Boeri, CZM Reference s: Haney, R., L. Kouloheras, V. Malkoski, J. Mahala, and Y. Unger. 2007. Beach Nourishment: MassDEP’s Guide to Best Management Practices for Projects in Massachusetts. https://www.mass.gov/files/documents/2016/08/uv/beach -nourishment-massdeps-guide-to-best- management-practices-for-projects-in-massachusetts-haney.pdf.