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Home My WebLink AboutDMF Letter Town of Barnstable (Mystic Lake) to ConComThe 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 March 5, 2024 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 by the Town of Barnstable to apply aluminum compounds to inactivate phosphorus in Mystic Lake in the Town of Barnstable. Mystic Lake was treated with aluminum compounds in 2010. Proposed treatment includes distributing approximately 25 g/m2 to 50 g/m2 of aluminum compounds across 82 acres. Aluminum products, ALUM and SOAL, w ould be added to the water at a dose equivalent to 25 g/m2 in any target area on any one day with a maximum areal dose of 50 g/m2. Application would be made from a specially designed barge that can support the dual chemical injection system that extends into the water as well as chemical storage tanks. Aluminum products would be applied with a subsurface injection and mixing that minimizes the concentration of aluminum in the treated volume of lake water and the limits the amount of drift of floc material. Barge tanks would be replenished with loading from storage tanks at a predetermined location on shore. Tanker trucks would deliver aluminum products to the site, either filling the ALUM and SOAL tanks or acting themselves as storage tanks until emptied . The barge would receive aluminum products from the storage tanks off Race Lane via a temporary dock in Mystic Lake near that point. Treatment will cease if the pH is measured outside the range of 6.0 to 8.0 SU >100 m from the barge for >10 minutes after treatment, until the pH returns to that range. Treatment will cease if there is observed mortality of fish in excess of 100 fish or 50 fish of any one species on a given day until the cause can be determined and eliminated. MA DFW and MA DMF will be informed in the case of any fish kill. The proposed treatment would take a maximum of two weeks to apply. The water quality in Mystic Lake will be monitored monthly between May and October for two years following treatment. If the treatment is in spring 2024, this would extend through October 2025, while if treatment occurs in autumn 2024, monitoring will occur through October 2026. Water clarity, temperature, oxygen, pH, alkalinity, conductivity, total nitrogen, total and dissolved phosphorus, dissolved aluminum and chlorophyll-a pigment will be monitored over a profile of the water column (1 m intervals for field measures, 3 depths for lab measures) at three locations. A final report will be filed with the Barnstable Conservation Commission within three months of the completion of treatment describing the implementation and providing all related data with discussion of results. The report will be updated within 3 months of completion of the monitoring program. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. Mystic Lake has been identified by MA DMF as diadromous fish passage, migration, and/or spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), American eel (Anguilla rostrata), and white perch (Morone americana) [1]. MA DMF offers the following comment for your consideration: • A time-of-year (TOY) restriction should be observed on all treatment activities to protect sensitive life stages of the above-mentioned species. No treatment activities should take place from March 15 – June 30 of any year or September 1st – November 15th of any year [2-3]. • MA DMF prefers alum treatments to take place in the late fall after juvenile herring have left the system. • Less than 50% of the waterbody’s surface area should be treated in any given year. In addition, less than 50% of the shoreline should be treated in any given year since the area is alewife spawning habitat. • Aluminum can be toxic to aquatic life if the aluminum concentration is high (~10mg/L or higher) and/or if the pH reaches unsuitable levels beyond 6.5 - 8.3. Therefore, MA DMF recommends that the proponent adjusts their plan to cease treatment if the pH reaches beyond 6.5 to 8.0, instead of 6.0-8.0. • The water quality monitoring plan should include monitoring 48 hours and 24 hours before treatments as well as 24 hours, 48 hours, 5 days, 7 days, 14 days, and 21 days after treatment. Water quality measurements should be taken in 1 meter increments throughout the water column. • Please add MA DMF as recipients of any project reports. Reports can be sent to Amanda Davis at amanda.davis@mass.gov. • MA DMF recommends that the Contractor have a spill prevention, control and contingency plan in place, with a written copy on site. The plan should include the location of spill kits, spill pad, and identify where the washing of tools would occur. • The proponent defines a fish kill as 100 dead fish of any species or 50 dead fish of any one species detected within 24 hours of a treatment. MA DMF recommends that the proponent contact John Sheppard at MA DMF and MassWildlife - and cease treatment - if 50 or more dead fish regardless of species are observed within any 24 period [4]. • 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 . 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: Kenneth Wagner, Water Resource Services John Logan, Kara Falvey, Malik Neron, John Sheppard, MA DMF Patrice Bordonaro, CZM References: 1. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 2. 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 3. Sheppard, J.J., and B.C. Chase. 2021. Herbicides. Technical Memo, Massachusetts Division of Marine Fisheries, New Bedford. https://www.mass.gov/doc/herbicides-and- diadromous-fishes/download 4. B. C. Chase, J. J. Sheppard, B. I. Gahagan, and S. M. Turner. 2020. Quality Assurance Program Plan (QAPP) for Water Quality Measurements for Diadromous Fish Monitoring. Technical Report #73. https://www.mass.gov/doc/tr-73-quality-assurance- program-plan-qapp-for-water-quality-measurements-for-diadromous-fish- monitoring/download