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; Conserva on Commission
(Tom Lee)
Subject: FW: NOI, Mys c Lake
Follow Up Flag: Follow up
Flag Status: Flagged
Hi All,
Please see the a ached response from DMF regarding TOY in Mys c 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, Mys c Lake
Good a ernoon Ken and Amber,
Ken, thank you for your comments about our review le er. Thank you for confirming that
treatments will not take place during the spring TOY restric on recommenda on 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 poten ally
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 addi onal protec on
against poten al pH effects. We con nue our recommenda on that we prefer alum
treatments to take place in the late fall a er 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 Mys c Lake system in November and have even been spo ed during
December. These observa ons are similar to the observa ons at the nearby Monument River
system. For this reason, we con nue to recommend the full fall TOY restric on from
September 1st – November 15th to protect river herring.
These prac ces, along with the other points in our March 5 le er, detail the best management
prac ces to protect river herring during alum treatments. If alum treatments were to begin in
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mid October, an appropriate monitoring plan should be coordinated with Amy Croteau and
Chris Nappi since juvenile river herring will s ll 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, Mys c 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, Mys c Lake
Dear Commissioners,
A ached is the MA DMF comment le er for the No ce of Intent (NOI) by the Town of
Barnstable to treat Mys c Lake with aluminum compounds. Any ques ons 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