Loading...
HomeMy WebLinkAboutNOI application 1 PROJECT NARRATIVE 24 FROTHINGHAM WAY, SOUTH YARMOUTH, MA PROPOSED PIER, RAMP AND FLOAT The area subject to this Notice is land within and on the immediate shoreline of Bass River, a tidal estuary / river. The site location is on the South Yarmouth side of the waterway. Please see the locus map for the exact location. The property is residential, containing a single-family dwelling, landscaped areas and natural areas. Within the specific shorefront project area, the shore area contains salt marsh, with a narrow mud-sand inter-tidal zone and a firm sandy bottom as the sub-tidal area extends out into the river. No aquatic vegetation seaward of the salt marsh was observed in the intertidal or sub-tidal area during the site evaluation visits, during the topographic survey or during the shellfish survey. Few shellfish were noted in the shellfish study, likely due to the faster tidal currents tending to prevent shellfish spat from establishing in the bottom sediments. The Salt Marsh was well populated with ribbed mussels, a beneficial species not typically subject to harvesting, not a regulatory listed shellfish species. The proposed project involves construction of a pile supported pier, ramp and pile held float in the location shown on the attached site plan. A segment of the proposed pile supported structure traversing the Salt Marsh is termed a “catwalk” due to a choice differentiate and to have a 3 ft. width minimizing the shading impacts in the Salt Marsh area. The outer 36 ft. of the proposed pier is of a more typical 4 ft. width pier. The proposed pier is of typical design for pile- supported structures in the local area, as with the ramp and pile-held float. The elevated portion shall adhere to a 1.5 to 1.0 ratio of deck elevation above the salt marsh surface. The open pile pier will not significantly interfere with circulation or sediment transport. All river bottom areas can be viewed as viable shellfish habitat however the tidal currents do not support a meaningful population of edible shellfish at this time. As a precautionary step, it is feasible to rake the piling areas and relocate any shellfish uncovered prior to the activity commencing. Ribbed mussels can be visually spotted and relocated for work within the salt marsh. The proposed pier will provide a platform from which the applicants can berth and board a vessel rather than the continual disruptive activity affecting the marsh, beach deposit, intertidal zone bottom resulting from accessing the river via a pathway across the nearshore coastal complex of salt marsh and intertidal zone. The pier, ramp and float shall be constructed in typical manner and resemble many other facilities in the Bass River system. All pilings that can be driven into place shall be driven. Water access shall be by way of the river via small barge. The catwalk segment is of a different scale than the wider pier segment and will use smaller diameter pile sizes. Portable mats and a small tripod to hoist the hammer are required for post installation within the salt marsh. The activity to set the poles is transient and the technique is shown to cause no significant damage to the salt marsh if done professionally. Information and images relating to the successful practice of pole installation within salt marsh areas is available as needed. The pier work involves hand carpentry techniques to fit and attach the wood framing once the piles are in place. The ramp and float shall be seasonally deployed, removed at an offsite boat ramp and stored in the upland or at an offsite location. 2 Performance Standards – The following based on the presumption that the wetland interests are applicable with exception of rare species habitat. Also the flowing is offered in the context that a proposed pile supported pier ramp and pile held float is a common docking facility found throughout Bass River and Massachusetts. MGL Chapt 131 – Coastal Wetland Resource Areas affected include Salt Marsh, Land Containing Shellfish, Coastal Beach, Land Under the Ocean. Riverfront Area exists on the parcel but the project relates to MGL Chapt. 91 and is largely exempt from the RA performance standards. A 50 ft. long, 150 sq. ft. section of catwalk between the shore and the MHW line is a small project portion within the RA. This segment is collateral to the larger Chapt. 91 jurisdictional project and would not be an independent feature. Should a technical Rivers Act performance standards analysis be required for this project segment we can provide one upon request. Salt Marsh – The proposed catwalk traverses an 80 ft. span of both high and low Salt Marsh. Many examples of pile supported piers and / or catwalks within salt marshes exist throughout Cape Cod. The most notable factor of improvement toward minimizing adverse impact is the structure deck elevation. Several decades of pier approvals have advanced using a 1 to 1 ratio of deck width to deck height above the marsh surface. Within the past several years a 1 to 1.5 ratio has gained support from the advisory agencies of Massachusetts, DMF, CZM, etc. The proposed catwalk / pier deck elevation meets or exceeds the 1 to 1.5 ratio measured from the highest marsh surface elevation to the bottom of the deck planks. Performance standards for Salt Marshes (310CMR 10.32 (3) thru (6) list elevated walkways as “may be permitted” notwithstanding 310CMR 10.32.(3) and with consistency to 310 CMR 10. 21 thru 10.37. The piling locations are locations where salt marsh vegetation will be occupied with the 8 inch diameter piling projection ( approx. 50 sq. in. per post.) In common practice, the language of 310CMR 10.32 indicates acceptance of elevated walkways in certain cases given the potential use of land within a Salt Marsh for access to the water. The general regulatory conclusion drawn by examination of scores of elevated walkway approvals across Salt Marshes in Massachusetts is that an elevated walkway, properly designed and constructed, carefully governed via an Order of Conditions, provided to carry foot traffic over the Salt Marsh, is an acceptable alternative to a foot path. The phrase “common practice” is mentioned as a context for weighing the overall impact to the Salt Marsh in terms of the common working interpretation of the applicable rules. Many elevation walkways have been approved under these regulations with respect to the practical interpretation and application of 310CMR 10. 32 (3) and (4). Land Containing Shellfish – “(4) Except as provided in 310 CMR 10.34(5), any project on land containing shellfish shall not adversely affect such land or marine fisheries by a change in the productivity of such land caused by: (a) alterations of water circulation; (b) alterations in relief elevation; (c) the compacting of sediment by vehicular traffic; (d) alterations in the distribution of sediment grain size; (e) alterations in natural drainage from adjacent land; or (f) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of salinity, dissolved oxygen, nutrients, temperature or turbidity, or the addition of pollutants” 3 Ribbed mussels found to populate the Salt Marsh are not listed as a shellfish species for the purpose of this regulation. Limited applicable shellfish were found in the shellfish study. Regardless, the sandy mud river bottom is a potential habitat for listed species. Approximately 7.8 sq. ft. of river bottom will be occupied by the proposed pilings. This represents approx. 5 one hundredths of one percent (0.05%) as a proportion of the sandy bottom area across the parcel waterfront out to the length of the proposed pier. Empirical evidence, available by direct observation of many open pile piers over many decades demonstrates that open pile-supported elevated pier structures do not cause for changes in water circulation that alters the sediment structure (shoaling)(a),(b),(c),(d); the proposed float meets the depth requirements and does not ground at times of low water; the proposed structure has no relationship to drainage of adjacent land (e); the common use of the pier ramp and float for boating access to navigable water constructed of appropriate materials and proper practices will not introduce pollutants or affect the river water quality (f). Land Under the Ocean – “WHEN LAND UNDER THE OCEAN OR NEARSHORE AREAS OF LAND UNDER THE OCEAN ARE FOUND TO BE SIGNIFICANT TO THE PROTECTION OF MARINE FISHERIES, PROTECTION OF WILDLIFE HABITAT, STORM DAMAGE PREVENTION OR FLOOD CONTROL, 310 CMR 10.25(3) THROUGH (7) SHALL APPLY: (3) Improvement dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in: (a) bottom topography which will result in increased flooding or erosion caused by an increase in the height or velocity of waves impacting the shore; (b) sediment transport processes which will increase flood or erosion hazards by affecting the natural replenishment of beaches; (c) water circulation which will result in an adverse change in flushing rate, temperature, or turbidity levels; or (d) marine productivity which will result from the suspension or transport of pollutants, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. (4) Maintenance dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. (5) Projects not included in 310 CMR 10.25(3) or (4) which affect nearshore areas of land under the ocean shall not cause adverse effects by altering the bottom topography so as to increase storm damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes. (6) Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water-dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by: (a) alterations in water circulation; (b) destruction of eelgrass (Zostera marina) or widgeon grass (Rupia maritina) beds; (c) alterations in the distribution of sediment grain size; (d) changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or 4 the addition of pollutants; or (e) alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae.” The summary of performance standards for Land Under the Ocean is included to draw attention to a certain contrast between projects that is evident. The common practice of improvement and maintenance dredging is outlined as a direct focus in the regulations. Dredging work requirements are outlined as a priority in this section because dredging is so common and provides the greatest proportion of alterations to Land Under the Ocean. Both dredging practices occur with maintenance dredging being most common, often involving large bottom areas, channels and mooring basins. All the standards for Land Containing Shellfish apply to Land Under the Ocean. However, of important note is the comparative scale of the relatively minor bottom sediment alteration by the installation and presence of ten 10-inch diameter pilings (7.8 sq. ft.) compared to many typical dredging operations. For this reason and the outline above for Land Containing Shellfish we can conclude that the proposed pile supported structure, ramp, and pile -held float will not significantly adversely impact Land Under the Ocean. The Bass River is a known catadromous and anadromous fishery route but the banks of the river are not being altered. Coastal Beach – “WHEN A COASTAL BEACH IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION, FLOOD CONTROL, OR PROTECTION OF WILDLIFE HABITAT, 310 CMR 10.27(3) THROUGH (7) SHALL APPLY: (3) Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion, decreasing the volume or changing the form of any such coastal beach or an adjacent or downdrift coastal beach.” The Coastal beach is the very narrow span of sandy mud between the Salt Marsh boundary and the MLW tide line. The land area involved is 15 sq. ft. There are no pilings proposed within the Coastal beach allowing the catwalk to span the small beach deposit at 6 to 7 ft. above it. Judgement allows for a conclusion of no significant adverse impact. Land Subject to Coastal Storm Flow (LSCSF) – The proposed structure is designed to exist within a tidal water body with incident storm action and is therefore, incidentally appropriate for a flood zone. There are no performance standards for LSCSF Town of Yarmouth Wetland Regulations - Examination of the Yarmouth Regulations relating to Land Containing Shellfish, Salt marsh, Coastal Beach, Land Under the Ocean, Land Subject to Coastal Storm Flow demonstrate a high level of consistency with the Commonwealth of Mass Wetland Regulations. The summary in Section 1 is applicable to the listed Coastal Resource Areas in the Town of Yarmouth Wetland Regulations with exception of Land Subject to Coastal Storm Flow. The Town of Yarmouth Wetland Regulations include performance standards for Land Subject to Coastal Storm Flow. The standards require structures within flood zones to be suitable designed and anchored to prevent or limit damage and creation of debris. The proposed pier, ramp, and float, designed to be within a tidal waterway is adequately designed to be consistent with the flood zone standard. 5 Additionally, not included in the listed performance standards for the specific resource areas, the Town of Yarmouth Wetland Regulations offer a series of General Requirements for docks and piers outlined in Section 1.09 (4). Some of the General Requirements are not fully defined and must be determined through identification of the factors that may have formed the basis of the general requirements. By way of our initial review, the proposed facility meets the General Requirements with exception of Item (10) and (12. (b). • Item (10) – The proposed end of the float, if measured from the MHW line along its axial location is 120 ft. from the location of MHW slightly less, (118 ft.) if measuring to one side. If the measurement was taken from a location approx. 30 ft. south of the float location on the site the distance from the MHW line at that location to the float extent is approx. 80 ft. with slight variation depending on the angle of measurement. The shoreline on locus is not a uniform line but highly circuitous. A simple specified distance limit requirement of 80 ft. might be a more equitable limitation if shoreline variations were considered in the evaluation. The wording of the regulation and common interpretation that the distance be measured axially along the specific location of the pier limits consideration of the subtleties of an undulating shoreline topography. Thus, a waiver is requested from the regulation as written with a request that the shape of the shoreline be considered. • Item (12) – (b) Mooring - A single mooring exists 86 ft. from the end of the proposed float. 100 ft. is the required separation in Section 1.09(4). The required separation of 100 ft. appearing in the regulation does not factor the vessel size or mooring line / chain scope. The regulation requires the same separation of 100 ft. from a navigation channel as from a mooring. Moorings allow anchored vessels to swing uncontrolled with the wind and tide and navigation channels contain vessels under way, under control. There is no basis in the regulations for the specific 100 ft. distance. Marinas, in contrast with the 100 ft. separation have high density boating conditions with many vessels underway, moored, and stored with navigating conditions of far less distance. Uncontrolled moorings, in motion, are directly adjacent and within navigation channels in this reach of Bass River. A boat berthed on a pile held float is in a fixed location, predictable for any transiting boat. The contrast in potential navigation conflicts with boater between the buoy / chain moored boat and the fixed float moored boat is notably in need of further explanation given the 100 ft. separations required for the float – moored boat. The existing mooring shown on the proposed pier plan is used by the directly adjacent abutter to the south who also has a pier, ramp and float where shown on the plan. The vessel that occasionally uses the mooring is not large. The boat size and mooring location and possible alternative locations may be of further interest in the review discussion for the Notice of Intent. • Item 12 (b) Navigation Channel – Plotting the “navigation channel” in this reach of the river has challenges. The river curves through this reach. A line between the red buoys, approx. 1200 ft. apart is a straight line that, as it passes the proposed pier site becomes coincident with the west side of the mapped channel appearing in record dredge plans. Red buoys would commonly be set along the east side of the channel demonstrating that the curve is very pronounced at the proposed pier site. Vessels transiting the river at this 6 location adhere visually to the buoys but do so on a curved track with other visual aids, moorings, Ship Shops Marina, etc. An aerial image is available showing two boats transiting the immediate area. The boats positions have been plotted on the plan of the proposed pier. The end of the proposed float measures 89 ft. to the line between the buoys, (the approx. west side of the “mapped” channel) and measures 118 ft. from the extrapolated path of the inshore boat. A reasonable conclusion to reach is that the approximate channel boundary in this curved river location is approximately 100 ft. from the end of the float. Given the general shape of the river channel at this location a conclusion can be reached that the proposed location is eligible for a waiver because the location is reasonably consistent with the intent to maintain ample separation that is close to the specified regulatory distance between a fixed vessel location and the navigation channel. Respectfully Submitted, Cape Cod Engineering, Inc. Shellfish Survey 24 Frothingham Way South Yarmouth, Massachusetts 1 SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On May 19, 2022, Paul Mancuso and Conor Gilbertson, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from MHW into Land Under the Ocean of Bass River at 24 Frothingham Way in South Yarmouth, MA (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density within the area of a proposed pier, ramp, and float within Lewis Bay. This shellfish survey accompanies a Notice of Intent application for a proposed pier, ramp, and float at 24 Frothingham Way, South Yarmouth, MA (the Site). 2.0 SITE DESCRIPTION The property at 24 Frothingham Way contains a single-family home. The residence is abutted by single-family homes to the south and west, with the Bass River Yacht Club marina to the east, and the Bass River to the east. The following wetland resource areas are located onsite: • Land Under the Ocean • Land Containing Shellfish • Salt Marsh • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF) 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the Mean Highwater (MHW) to below Mean Low Water (MLW). The weather during the survey was light rain with temperatures around 61F. The survey commenced as low tide was approaching. In order to sample for shellfish within the project area, 8 transects, located 8 feet apart (plus the distance between 4-foot wide excavated plots, resulting in a 10 distance between transects), each with between 10 and 11 plots, located 10 feet apart (beginning from the edge of the 4-foot by 4-foot plot, resulting in a distance of roughly 10 feet between plots), were conducted as follows: Transect 1 – Located 40 feet to the west of proposed pier. Extending approximately 110 feet seaward from MHW. Transect 2 – Located 30 feet to the west of proposed pier. Extending approximately 110 feet seaward from MHW. Transect 3 – Located 20 feet to the west of proposed pier. Extending approximately 110 feet seaward from MHW. Transect 4 – Located 10 feet to the west of the proposed pier. Extending approximately 110 feet seaward from MHW. Transect 5 – Located 10 feet to the east of proposed pier. Extending approximately 110 feet seaward from MHW. Transect 6 – Located 20 feet to the east of proposed pier. Extending approximately 110 feet seaward from MHW. Shellfish Survey 24 Frothingham Way South Yarmouth, Massachusetts 2 Transect 7 – Located 30 feet to the east of proposed pier. Extending approximately 110 feet seaward from MHW. Transect 8 – Located 40 feet to the east of proposed pier. Extending approximately 110 feet seaward from MHW. Typically, plots would extend at least 30 feet beyond the farthest float, ramp, or other structure associated with an existing or proposed pier/dock. However, beyond roughly 110 feet, the depths and substrate conditions (deep muck) were too great for the safety of the shellfish surveyors. In all transects, Plot #1-#5 was within salt marsh (Spartina alterniflora), therefore these areas were only visually inspected. Plots #7 - #11 were sampled between the intertidal beach and Land Under Ocean. Each plot was excavated to sample for shellfish using a standard Clam Rake, Quahog Rake. Each shellfish observed in the plot was recorded then placed back into the plot from which it came from. The following shellfish species were observed during the survey; quahogs (Mercenaria mercenaria), soft-shell clams (Mya arenaria), eastern oysters (Crossostrea virginica), ribbed mussles (Geukensia demissa), and cockle (Cerastoderma spp). Figure 1: Showing approximate location of Transects and Plots for the shellfish survey at 24 Frothingham Way. The table below identifies all shellfish found within the plots along the 8 Transects: Shellfish Survey 24 Frothingham Way South Yarmouth, Massachusetts 3 Table 1 – Shellfish Inventory Plot – Description Shellfish Substrate and Other Observations Transect 1 MHW Ribbed mussels Salt marsh 10’ seaward of MHW Ribbed mussels Salt marsh 20’ seaward of MHW Ribbed mussels Salt marsh 30’ seaward of MHW Ribbed mussels Salt marsh 40’ seaward of MHW Ribbed mussels Salt marsh 50’ seaward of MHW Ribbed mussels Salt marsh 60’ seaward of MHW 0 6” of sand then peat 70’ seaward of MHW 1 soft-shell Sandy 80’ seaward of MHW 1 soft-shell Sandy 90’ seaward of MHW 0 Sandy 100’ seaward of MHW 0 Sandy Transect 2 MHW Ribbed mussels Salt marsh 10’ seaward of MHW Ribbed mussels Salt marsh 20’ seaward of MHW Ribbed mussels Salt marsh 30’ seaward of MHW Ribbed mussels Salt marsh 40’ seaward of MHW Ribbed mussels Salt marsh 50’ seaward of MHW Ribbed mussels Salt marsh 60’ seaward of MHW 0 6” of sand then peat 70’ seaward of MHW 0 Sandy 80’ seaward of MHW 0 Sandy 90’ seaward of MHW 0 Sandy 100’ seaward of MHW 0 Sandy Transect 3 MHW Ribbed mussels Salt marsh 10’ seaward of MHW Ribbed mussels Salt marsh 20’ seaward of MHW Ribbed mussels Salt marsh 30’ seaward of MHW Ribbed mussels Salt marsh 40’ seaward of MHW Ribbed mussels Salt marsh 50’ seaward of MHW Ribbed mussels Salt marsh 60’ seaward of MHW 0 6” of sand then peat 70’ seaward of MHW 1 little neck Sandy 80’ seaward of MHW 1 chowder, 1 cherrystone Sandy 90’ seaward of MHW 0 Sandy 100’ seaward of MHW 0 Sandy 110’seaward of MHW 1 oyster Sandy Transect 4 MHW Ribbed mussels Salt marsh 10’ seaward of MHW Ribbed mussels Salt marsh 20’ seaward of MHW Ribbed mussels Salt marsh 30’ seaward of MHW Ribbed mussels Salt marsh Shellfish Survey 24 Frothingham Way South Yarmouth, Massachusetts 4 40’ seaward of MHW Ribbed mussels Salt marsh 50’ seaward of MHW Ribbed mussels Salt marsh 60’ seaward of MHW 0 6” of sand then peat 70’ seaward of MHW 2 soft-shells Sandy 80’ seaward of MHW 1 soft-shell Sandy 90’ seaward of MHW 0 Sandy 100’ seaward of MHW 0 Sandy 110’ seaward of MHW 0 Sandy Transect 5 MHW Ribbed mussels Salt marsh 10’ seaward of MHW Ribbed mussels Salt marsh 20’ seaward of MHW Ribbed mussels Salt marsh 30’ seaward of MHW Ribbed mussels Salt marsh 40’ seaward of MHW Ribbed mussels Salt marsh 50’ seaward of MHW Ribbed mussels Salt marsh 60’ seaward of MHW 0 6” of sand then peat 70’ seaward of MHW 1 soft-shell Sandy 80’ seaward of MHW 1 little neck Sandy 90’ seaward of MHW 0 Sandy 100’ seaward of MHW 0 Sandy 110’ seaward of MHW 0 Sandy Transect 6 MHW Ribbed mussels Salt marsh 10’ seaward of MHW Ribbed mussels Salt marsh 20’ seaward of MHW Ribbed mussels Salt marsh 30’ seaward of MHW Ribbed mussels Salt marsh 40’ seaward of MHW Ribbed mussels Salt marsh 50’ seaward of MHW Ribbed mussels Salt marsh 60’ seaward of MHW 0 6” of sand then peat 70’ seaward of MHW 0 Sandy 80’ seaward of MHW 1 soft-shell Sandy 90’ seaward of MHW 0 Sandy 100’ seaward of MHW 0 Sandy 110’ seaward of MHW 0 Sandy Transect 7 MHW Ribbed mussels Salt marsh 10’ seaward of MHW Ribbed mussels Salt marsh 20’ seaward of MHW Ribbed mussels Salt marsh 30’ seaward of MHW Ribbed mussels Salt marsh 40’ seaward of MHW Ribbed mussels Salt marsh 50’ seaward of MHW Ribbed mussels Salt marsh 60’ seaward of MHW 0 6” of sand then peat 70’ seaward of MHW 2 soft-shells Sandy 80’ seaward of MHW 1 soft-shell Sandy 90’ seaward of MHW 1 cockle Sandy 100’ seaward of MHW 0 Sandy 110’ seaward of MHW 0 Sandy Shellfish Survey 24 Frothingham Way South Yarmouth, Massachusetts 5 Transect 8 MHW Ribbed mussels Salt marsh 10’ seaward of MHW Ribbed mussels Salt marsh 20’ seaward of MHW Ribbed mussels Salt marsh 30’ seaward of MHW Ribbed mussels Salt marsh 40’ seaward of MHW Ribbed mussels Salt marsh 50’ seaward of MHW Ribbed mussels Salt marsh 60’ seaward of MHW 0 6” of sand then peat 70’ seaward of MHW 1 soft-shell Sandy 80’ seaward of MHW 0 Sandy 90’ seaward of MHW 0 Sandy 100’ seaward of MHW 1 cherry stone Sandy 110’ seaward of MHW 0 Sandy TOTAL NUMBER OF OBSERVATION PLOTS = 88 TOTAL NUMBER OF RIBBED MUSSELS = 1000’s TOTAL NUMBER OF EASTERN OYSTERS = 1 TOTAL NUMBER OF QUAHOGS = 5 TOTAL NUMBER OF SOFT-SHELL CLAMS = 11 Total NUMBER OF COCKLE = 1 It should be noted that many periwinkles (Littorina littorea) were documented within the intertidal sampling areas. Ribbed Mussels are very abundant within the Spartina salt marsh located on Site. There was one cockle observed. There were two horseshoe crabs observed moving along the sediment surface with the Bass River. 4.0 TEMPORARY IMPACTS Proposed work related to the proposed pier, ramp and float could have minor impacts on the intertidal area and Land Under the Ocean, but overall would have very limited impacts on shellfish due to the low population density and through the observance of appropriate seasonal timing.  The proposed work could occur during the fall/winter/early spring months when shellfish life cycle activity is reduced. During the winter, shellfish live at increased depths in the tidal bottom with reduced metabolism. Therefore, only minimal impacts to shellfish habitat are expected (pilings).  Pile driving work should occur from a barge at mid to high tide to prevent the barge from running aground.  If necessary, existing shellfish could be dug and relocated from the site. However, based on this shellfish survey this should not be necessary since a small population of shellfish were located near the work area. 5.0 SUMMARY BSC’s shellfish survey identified the following:  5 individual Quahogs were found within the 88 shellfish plots surveyed. In addition, no spat or seeds were noted across the surveyed area. Shellfish Survey 24 Frothingham Way South Yarmouth, Massachusetts 6  Salt marsh located along the entire seaward edge of the Site and beyond MHW. These areas contained dense populations of ribbed mussels. Periwinkles were noted in inundated/intertidal portions of the site. Photo 1: View of a chowder quahog found during the shellfish survey at 24 Frothingham Way. Photo 2: View of an eastern oyster found during the shellfish survey at 24 Frothingham Way. Site Photographs 24 Frothingham Way South Yarmouth, MA 05/19/2022 Page 1 Photo 3: View of the cockle found during the shellfish survey at 24 Frothingham Way. Photo 4: View of a soft-shell clam found during the shellfish survey at 24 Frothingham Way. Site Photographs 24 Frothingham Way South Yarmouth, MA 05/19/2022 Page 2