HomeMy WebLinkAboutDMF Letter1
Cavanaugh, Kimberly
From:DMF EnvReview-South (FWE) <dmf.envreview-south@mass.gov>
Sent:Friday, January 5, 2024 6:12 PM
To:Karle, Darcy; Cavanaugh, Kimberly
Cc:John O'Dea; Camisa, Matt (FWE); Bordonaro, Patrice (EEA); Logan, John (FWE); Davis,
Amanda (FWE); Falvey, Kara (FWE); Neron, Malik (FWE)
Subject:NOI, 104 Great Bay Road, North Bay, Barnstable
Attachments:NOI Barbieri Trust to Barnstable ConCom.pdf
Dear Commissioners:
The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent by the Jeanne D.
Barbieri Trust to construct a pier, ramp and float within North Bay at 104 Great Bay 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), bay scallop
(Argopecten irradians), and softshell clam (Mya arenaria). Waters bordering 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. A shellfish survey conducted
by David Ryan on October 27th and 28th in 2023 found softshell clam and quahog within the project area. 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 abuts salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including
habitat and energy sources for many fish and invertebrate species [1-2].
North 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
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 [3].
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 [4]. Given the new status of the winter flounder stock, every effort
should be made to protect the species and its spawning habitat.
The area adjacent to the proposed pier has been mapped by the Massachusetts Department of Environmental
Protection (MassDEP) as an eelgrass (Zostera marina) meadow. Eelgrass beds provide one of the most
productive habitats for numerous marine species [5-6] and are designated “special aquatic sites” under the
Federal Clean Water Act 404(b) (1) guidelines. Every effort should be made to avoid impacts to eelgrass.
MA DMF offers the following comment for your consideration:
A new pier has the potential to negatively impact nearby shellfish resources and fisheries in a variety of
ways [7]. While some of these impacts can be avoided or reduced with best management practices,
others are unavoidable and will result in 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.
Grounded floats can disturb bottom sediments, resulting in turbidity and direct impacts to benthic
habitat. To minimize impacts, MA DMF recommends that the bottom of a proposed float be at least 2.5
feet (30 inches) above the substrate over mapped shellfish habitat, at MLW [5]. It is unclear if the float
2
as proposed would maintain this minimum clearance at MLW; MA DMF recommends extending the
float into deeper waters or installing float stops to maintain a 2.5-foot clearance above the substrate at
MLW if this minimum depth buffer is not being met at the proposed float location.
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.
Sent on behalf of Amanda Davis.
Thank you,
Malik Neron
Environmental Review Administrative Assistant
MA Division of Marine Fisheries
836 S. Rodney French Boulevard
New Bedford, MA 02744
http://www.mass.gov/eea/agencies/dfg/dmf/