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Home My WebLink AboutDMF commentThe Commonwealth of Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400, Boston, MA 02114 p: (617) 626-1520 | f: (617) 626-1509 www.mass.gov/marinefisheries CHARLES D. BAKER KARYN E. POLITO BETHANY A. CARD RONALD S. AMIDON DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director November 15, 2022 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Dear Commissioners: The Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by the Great Island Homeowners’ Association to provide dune and beach renourishment along the beach abutting the Great Neck Road causeway, Lewis Bay, Uncle Roberts Cove, and Nantucket Sound in the Town of Yarmouth. MA DMF participated in a MEPA remote consultation session held on July 6, 2021 and a pre-application meeting with consultants for the project on February 25, 2021. MA DMF provided comments to MEPA on the Environmental Notification Form (ENF) for this project in a letter dated July 6 2021. The applicant is proposing beach renourishment monitoring and requesting a 5-year Order of Conditions with provisions to allow renourishment when there is a 30% loss of material. This NOI details Phase 1 of the long-term Great Island Road Resiliency Project. Phase 2 (raising the bridge and roadway) would more comprehensively address roadway flooding and will be addressed in a separate NOI. The proposed project details two areas along the Great Island Road shoreline that would receive nourishment. Area 1 includes approximately 2,600+ linear feet of shoreline that would receive beach and dune nourishment to rebuild existing dunes to a 10.0 foot NAVD88 elevation with slopes of 10:1 where feasible to maintain the nourishment footprint outside of subtidal habitat. Beach grass plantings are also proposed for Area 1. Proposed dune restoration and nourishment in Area 2 includes a 730 linear foot section of Fox Point that would be nourished with a sand and cobble mix to match the existing cobble and dune habitat. Vegetation plantings are also proposed for Area 2 for piping plover habitat and stabilization. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The subtidal zone bordering the proposed nourishment area has been mapped by the Massachusetts Department of Environmental Protection (MassDEP) as an eelgrass (Zostera marina) meadow. The presence of eelgrass was confirmed during 2021 surveys. Eelgrass beds provide one of the most productive habitats for numerous marine species [1-2] and are designated “special aquatic sites” under the Federal Clean Water Act 404(b) (1) guidelines. Every effort should be made to avoid impacts to eelgrass. The project site abuts salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [3-4]. The proposed nourishment area is spawning habitat for horseshoe crab (Limulus polyphemus). Horseshoe crabs deposit their eggs in the upper intertidal regions of sandy beaches from late spring to early summer during spring high tides. Adult crabs congregate in deep waters during the day while they wait to spawn on nearby beaches at n ight. Eggs hatch approximately two to four weeks later. The 2019 benchmark stock assessment indicates that the New England horseshoe crab stock status has shifted from poor to neutral [5]. Continued efforts should be made to protect the species and facilit ate further stock improvement. MA DMF offers the following comment for your consideration: • The applicant states that all time of year restrictions will be observed, including the horseshoe crab spawning time of year (TOY) restriction. Disposal of beach fi ll could bury and crush spawning adult crabs and nests; eggs in nests buried too deep may not hatch. No beach nourishment or beach construction activities will take place from May 1 – July 31 of any year [6]. The TOY restriction noted in the NOI application that protects piping plovers (April to August) would also protect horseshoe crabs during their sensitive life history phases. • MA DMF reviewed the preliminary eelgrass monitoring plan included with the NOI (Attachment H). The final plan should define how eelgrass impacts will be determined (i.,e, what parameters will be used, what thresholds will be considered representative of impact) and what mitigation will be included for any identified impacts. MA DMF feels that final adjustments to the plan would be more appropriate at the federal level of permitting when other agencies can review and comment upon the plan. MA DMF recommends that the Order of Conditions include language stating that the final eelgrass monitoring plan will be completed in coordination with and require approval by MA DMF. MA DMF encourages the applicant to continue monitoring plan review with us and other agencies as an iterative process leading up to state and federal permitting to reach an agreed upon final monitoring and mitigation plan in a timely manner. • MA DMF appreciates the coastal process analysis report by Coastal Solutions that details the historical, recent, and projected changes to the shoreline. According to their analyses, the project shoreline has an estimated net loss of ~26,800 cubic yards of sand per year. The model’s results suggest that erosion and sediment transport would remove about 30% of the projected nourishment within 10 years ±2 years. MA DMF would appreciate an estimate of the expected overlap of lost nourishment material over mapped eelgrass beds. • 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. • 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 in our New Bedford office at Amanda.davis@mass.gov. Sincerely, Amanda Davis Environmental Analyst MA Division of Marine Fisheries cc: Meredith Avery, VHB John Logan, Emma Gallagher, Derek Perry, Terry O’Neil, Matt Camisa, MA DMF Conrad Caia, Yarmouth Shellfish Constable Robert Boeri, CZM AD/eg Reference: 1. Heck, K.L., Jr., T.J.B. Carruthers, C.M. Duarte, A.R. Hughes, G. Kendrick, R.J. Orth, and S.W. Williams. 2008. “Trophic transfers from seagrass meadows subsidize diverse marine and terrestrial consumers.” Ecosystems 11:1198-1210. https://doi.org/10.1007/s10021-008-9155-y 2. Jackson E.L., A.A. Rowden, M.J. Attrill, S.J. Bossey, and M.B. Jones. 2001. “The importance of seagrass beds as a habitat for fishery species.” Oceanography and Marine Biology: An Annual Review 39:269-303. https://www.academia.edu/2050183/The_importance_of_seagrass_beds_as_a _habitat_for_fisher y_species 3. Boesch, D.F. and R.E. Turner. 1984. “Dependence of Fishery Species on Salt Marshes: The Role of Food and Refuge.” Estuaries 7(4):460-468. https://doi.org/10.2307/1351627 4. 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 5. ASMFC. 2019. 2019 Horseshoe Crab Benchmark Stock Assessment and Peer Review Report. Prepared by the ASMFC Horseshoe Crab Stock Assessment Review Panel pursuant to NOAA Award No. NA15NMF4740069 http://www.asmfc.org/uploads/file/5cd5d6f1HSCAssessment_PeerReviewReport_May2019.pdf 6. 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 7. Evans, N.T. and A.S. Leschen. 2010. Technical Guidelines for the Delineation, Restoration, and Monitoring of Eelgrass (Zostera marina) in Massachusetts Coastal Waters. Massachusetts Division of Marine Fisheries Technical Report TR -43. https://www.mass.gov/doc/eelgrass- survey-guidelines-2010-tr-43-0/download