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Home My WebLink AboutDMF comment Gold Village 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 November 1, 2023 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by Gold Village Waterside, LLC., to construct a 35 foot bulkhead wall with toe stones along the shoreline of the Parkers River at 681 Route 28 in the Town of Yarmouth. The eroded area landward of the proposed sheet pile would be filled with grain-size compatible fill and planted with native vegetation. The sheet pile would be supported with either a helical anchor or a concrete deadman option. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site lies within mapped shellfish habitat for bay scallop (Argopecten irradians), blue mussel (Mytilus edulis), softshell clam (Mya arenaria), and northern quahog (Mercenaria mercenaria). Waters within the project site have habitat characteristics suitable for these species. Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the protection of marine fisheries. Parkers River has been identified by MA DMF as diadromous fish passage, migration, and/or spawning habitat for alewife (Alosa pseudoharengus), white perch (Morone americana), Atlantic tomcod (Microgadus tomcod), and American eel (Anguilla rostrata) [1]. Parkers River acts as winter flounder (Pseudopleuronectes americanus) spawning habitat. Winter flounder enter the area and spawn from January through May; demersal eggs hatch approximately 15 to 20 days later. The Atlantic States Marine Fisheries Commission has designated winter flounder spawning habitat as a “Habitat Area of Particular Concern” (HAPC). In the previous stock assessment, the winter flounder stock was classified as overfished with spawning stock biomass in 2019 estimated to be only 32% of the biomass target [2]. Spawning stock biomass in 2021 was estimated to be 101% of the biomass target based on a new recruitment stanza focusing only on the past twenty years [3]. Given the new status of the winter flounder stock, every effort should be made to protect the species and its spawning habitat. MA DMF offers the following comments for your consideration: Drafted 2016; Updated 2023 2 • A time-of-year (TOY) restriction should be observed on all in-water, silt-producing activities to protect sensitive life stages of winter flounder and alewife. No in-water, silt- producing activities should take place from January 15 – June 15 of any year [9]. • Repair of the structure should be within the same footprint as the existing structure. Any expansion of the footprint into tidal waters of the Commonwealth will result in the loss of shellfish habitat. • Construction activity, including staging of construction material and equipment as well as equipment transit to and from the construction site, should avoid intertidal habitat to the greatest extent practicable. As much work as possible should be conducted from the upland portion of the project site to minimize impacts and avoid compaction of sediment in mapped shellfish habitat. Any work in the intertidal zone should be limited to low tide such that work is conducted in the “dry”. • Appropriate containment measures should be employed to prevent siltation in the marine environment during dredging activities. • Concrete delivery vehicles should be prohibited from washing down equipment on site. This activity could potentially wash excess concrete and hydrocarbons into marine resource areas. • 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: Catherine C. Ricks, Coastal Engineering, Inc. John Logan, Malik Neron, Kara Falvey, Holly Williams, Matt Camisa, MA DMF Conrad Caia, Yarmouth Shellfish Constable Patrice Bordonaro, CZM AD/mn/kf References: 1. Deegan, L.A. and R.H. Garritt. 1997. “Evidence for spatial variability in estuarine food webs.” Marine Ecology Progress Series 147:31-47. https://doi.org/10.3354/MEPS147031. 2. Boesch, D.F. and R.E. Turner. 1984. “Dependence of Fishery Species on Salt Marshes: Drafted 2016; Updated 2023 3 The Role of Food and Refuge.” Estuaries 7(4):460-468. https://doi.org/10.2307/1351627. 3. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 4. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 5. ASMFC. 2022. Southern New England Mid-Atlantic winter flounder 2022 Management Track Assessment Report. Compiled June 2022. https://apps- nefsc.fisheries.noaa.gov/saw/sasi.php 6. Logan, J.M., A. Boeri, J. Carr, T. Evans, E.M. Feeney, K. Frew, F. Schenck, and K.H. Ford. 2022. A review of habitat impacts from residential docks and recommended Best Management Practices with an emphasis on the northeastern United States. Estuaries Coasts 45: 1189–1216. https://www.mass.gov/doc/dock-bmp- recommendations/download 7. 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