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HomeMy WebLinkAboutUnruh, Amber_FW_DMF Letter re - TOY NOI, Mystic LakeFrom: Unruh, Amber Sent: Tuesday, March 12, 2024 2:11 PM To: Cavanaugh, Kimberly; Karle, Darcy; Conservaon Commission (Tom Lee) Subject: FW: NOI, Mysc Lake Follow Up Flag: Follow up Flag Status: Flagged Hi All, Please see the aached response from DMF regarding TOY in Mysc Lake Amber Unruh Senior Project Manager – Special Projects Town of Barnstable – Dept. Public Works From: Davis, Amanda (FWE) <Amanda.Davis@mass.gov> Sent: Tuesday, March 12, 2024 12:28 PM To: Ken Wagner <kjwagner@charter.net>; Unruh, Amber <Amber.Unruh@town.barnstable.ma.us> Cc: Logan, John (FWE) <john.logan@mass.gov>; Sheppard, John (FWE) <john.sheppard@mass.gov>; DMF EnvReview-South (FWE) <dmf.envreview-south@mass.gov>; Bordonaro, Patrice (EEA) <patrice.bordonaro@mass.gov> Subject: Re: NOI, Mysc Lake Good aernoon Ken and Amber, Ken, thank you for your comments about our review leer. Thank you for confirming that treatments will not take place during the spring TOY restricon recommendaon of March 15 – June 30 when diadromous species are most vulnerable. Adherrance to the spring TOY is important since river herring are spawning near the shore and since floc could potenally smother eggs. We appreciate that alum treatments will not occur during the peak of river herring spawning and larvae emergence from mid-March through June. Avoidance of summer and early fall months is also ideal as it provides an addional protecon against potenal pH effects. We connue our recommendaon that we prefer alum treatments to take place in the late fall aer juvenile herring have le the system. According to our diadromous biologist, Amy Croteau, and Chris Nappi, young of the year river herring are commonly present in the Mysc Lake system in November and have even been spoed during December. These observaons are similar to the observaons at the nearby Monument River system. For this reason, we connue to recommend the full fall TOY restricon from September 1st – November 15th to protect river herring. These pracces, along with the other points in our March 5 leer, detail the best management pracces to protect river herring during alum treatments. If alum treatments were to begin in CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system. Do not click on links or open attachments unless you recognize the sender and know the content is safe. mid October, an appropriate monitoring plan should be coordinated with Amy Croteau and Chris Nappi since juvenile river herring will sll be using the system. Sincerely, Amanda Davis From: Ken Wagner <kjwagner@charter.net> Sent: Wednesday, March 6, 2024 1:11 PM To: Davis, Amanda (FWE) <Amanda.Davis@mass.gov> Cc: 'Unruh, Amber' <Amber.Unruh@town.barnstable.ma.us>; Logan, John (FWE) <john.logan@mass.gov>; Sheppard, John (FWE) <john.sheppard@mass.gov>; DMF EnvReview-South (FWE) <dmf.envreview-south@mass.gov>; Bordonaro, Patrice (EEA) <patrice.bordonaro@mass.gov> Subject: RE: NOI, Mysc Lake Dear Ms. Davis: We are in receipt of letters from the Natural Heritage and Endangered Species Program (NHESP) from March 1st and from the Division of Marine Fisheries (DMF) on March 5th that have bearing on the proposed 2024 treatment of Mystic Lake with aluminum to minimize cyanobacteria blooms through phosphorus control. Most of what is in the letters is consistent with past treatments in Massachusetts and what has been proposed for Mystic Lake in 2024. There are a few discrepancies relating to the time of treatment, however, that need to be cleared up. The hearing before the Barnstable Conservation Commission was last evening and while the commission was supportive, they continued the hearing until March 12. 2024, so that we might reach a mutually agreeable resolution on all treatment protocols before they approve the project and issue an Order of Conditions. The primary issue is the Time Of Year (TOY) restriction. DMF chose to suggest that the maximum restriction be imposed, avoiding treatment from March 15 through June 30 and September 1 through November 15. The desire to avoid possible impacts during the spawning period and very early life stages of river herring in coastal waterbodies is understandable and we assumed the treatment would occur in autumn, as did NHESP in its letter. The TOY restriction leaves open the possibility of a summer (July or August) treatment, although the DMF letter expresses a preference for late autumn. Treating in early July could prevent cyanobacteria blooms in 2024 and is appealing on that basis, but that period is among the most active for lake users, human and non-human, and the town would prefer to avoid that timeframe. Yet an earlier treatment than November 15 is desired and may be necessary to meet the program as outlined by NHESP. The key factors are as follows: 1. To the best of our knowledge, no aluminum treatment in a herring spawning lake has ever been conducted as late as November 15 in MA. The most recent treatment on Cape Cod, Skinequit Pond in Harwich, commenced on October 16, 2023, and is the latest treatment start date under a DMF-issued TOY restriction of which we are aware. The previous treatment of Mystic Lake was performed in the last half of September 2010. All aluminum treatments of MA ponds that host herring have been conducted in September and October. 2. All treatments on Cape Cod have included monitoring for distress or mortality of fish and other aquatic life, and none have found any impacts on river herring. In some cases, the herring have left the lake already, but in many they were still present and observed in schools, mostly along shore where no treatment occurs. However, herring have been observed swimming within the active floc and no mortality or distress was observed over a period of weeks. We are aware of no scientific evidence that suggests any real risk to juvenile river herring from late summer or early autumn aluminum treatments. 3. The maximum dose applied results in an early-treatment aluminum concentration of 5 mg/L and the application of two aluminum products that balance the pH has not resulted in any significant fish mortality in over two decades. The DMF letter correctly notes that toxicity is observed at aluminum higher than 10 mg/L or with a pH outside the range of 6-8 standard units. The treatment as planned represents a minimal threat to any fish. 4. The herring run to Middle Pond and Mystic Lake is monitored, so there should be records of herring passage. We do not know if DMF consulted those records but find it hard to believe that there is still significant herring egress after mid-October. The herring run that serves Mystic Lake is managed to keep access open even with low water. There should not be significant herring presence in Mystic Lake after Oct 15 unless drought conditions keep herring from leaving. 5. The NHESP letter calls for listed mussels to be removed from work areas before October 1. If we complied with the September 1 to November 15 TOY restriction, mussels would have 6 weeks to move back into any work area. 6. The NHESP letter calls for treatment to be conducted before water temperature drops to <40oF. If the treatment adhered to that threshold, there would be a risk that it could not be conducted after November 15, as Mystic Lake can cool quickly during November. 7. The NHESP calls for the pH to remain between 6 and 8 standard units, the range known to produce minimal toxicity at normal aluminum application rates in MA waters. This has been determined in the lab and in the field, but DMF calls for the pH to be kept >6.5. We actually do prefer a pH close to 7 for maximum binding efficiency and lowest possible risk to aquatic organisms, but the natural pH of Cape Cod lakes is close to 6.5 and can be below it. If we maintained a pH >6.5, we may need to alter the ratio of alum to aluminate in the dosing process, away from the 2:1 ratio (alum to aluminate by volume) stipulated by NHESP. The pH of Mystic Lake during early autumn is typically >7, given higher algal productivity during summer and rising pH due to photosynthetic removal of carbon dioxide, which raises the pH. Treatment in September or October should facilitate maintaining pH >6.5, but if we wait until after November 15, a lower background pH is more likely. Treatment earlier in autumn is therefore preferable to meet the desired pH range. 8. The weather is generally less favorable for treatment the later in the year it is performed. Restricting treatment to after November 15 compromises treatment completion, project success, and even the safety of those involved. Based on the above information, the Barnstable Conservation Commission was inclined to set the start date for treatment as no earlier than October 16, but was willing to wait a week to see if we could get agreement with DMF on that earlier start date. As the latest start date known for Cape Cod aluminum treatments is October 16, either no more restrictive TOY has been issued or DMF is being ignored. We seek to understand the DMF rational within the context of reasonable treatment conduct. The NHESP letter provides a list of conditions to be incorporated into any Order of Conditions. The DMF letter provides “comments for your consideration”. Are we to understand that the commission can choose to disregard DMF comments? We would very much prefer not to do that, but as described above, the comments set up a potentially unworkable project. Please get in touch before next Tuesday, March 12th, when the Barnstable Conservation Commission would like to conclude the hearing for Mystic Lake. Amber Unruh, representing the Town of Barnstable, and I as its consultant, would be happy to have an online meeting with you if that is helpful. -Ken Kenneth J. Wagner, Ph.D., CLM Water Resource Services 144 Crane Hill Road, Wilbraham, MA 01095 413-219-8071 kjwagner@charter.net From: Davis, Amanda (FWE) <Amanda.Davis@mass.gov> Sent: Tuesday, March 5, 2024 5:04 PM To: Barnstable Cons. <darcy.karle@town.barnstable.ma.us>; Barnstable Cons 2 <kimberly.cavanaugh@town.barnstable.ma.us>; Unruh, Amber <Amber.Unruh@town.barnstable.ma.us> Cc: Logan, John (FWE) <john.logan@mass.gov>; Sheppard, John (FWE) <john.sheppard@mass.gov>; DMF EnvReview-South (FWE) <dmf.envreview-south@mass.gov>; Bordonaro, Patrice (EEA) <patrice.bordonaro@mass.gov>; Ken Wagner <kjwagner@charter.net> Subject: NOI, Mysc Lake Dear Commissioners, Aached is the MA DMF comment leer for the Noce of Intent (NOI) by the Town of Barnstable to treat Mysc Lake with aluminum compounds. Any quesons about this review can be directed to myself. Sincerely, Amanda Davis Amanda Davis Environmental Analyst, Habitat Program MA Division of Marine Fisheries 836 S Rodney French Blvd, New Bedford, MA 02744 Office: (508) 742 - 9741