HomeMy WebLinkAboutDMF 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