Department of Marine Saltwind Seafarm, LLC Matthew Hassler Resources Site Report 2 Mayflower Drive Scarborough, ME 04074 207-730-2892

Figure 1: Vicinity map1

Location: , Scarborough, Cumberland County,

Purpose: Experimental lease for the suspended culture of American/Eastern oysters (Crassostrea virginica) and European oysters (Ostrea edulis)

Site Review by: Flora Drury and Cheyenne Adams Report Preparation by: Flora Drury, Marcy Nelson, and Cheyenne Adams Report Submitted: July 13, 2020

1 All figures in this report were created in ArcMap version 10.6 using digitized NOAA Nautical Charts or geo- referenced aerial photographs provided by Google Earth (May 9, 2016) or The Maine Office of GIS (orthoCoastalMaineCoastalProgram2003).

Saltwind Seafarm, LLC (Nonesuch River) PAGE 1 July 13, 2020 The applicant, Saltwind Seafarm, LLC, is requesting a 3.15-acre lease in the Nonesuch River for the suspended culture of American/Eastern oysters (Crassostrea virginica) and European oysters (Ostrea edulis). The applicant plans to deploy up to 900 floating cages on the proposed lease site, arranged in 30 strings (referred to in the application as “rope kits”) comprised of 30 cages each.2 On June 2, 2020, Maine Department of Marine Resources (MDMR) staff Flora Drury and Cheyenne Adams visited the proposed experimental aquaculture lease site. MDMR staff arrived on site at approximately 2:00 pm. Low tide on June 2, 2020 was at 2:36 pm.

General Characteristics

The proposed lease is located in the Nonesuch River in Scarborough, Maine (Figure 2). Marshland, dominated by saltmarsh grass (Spartina alterniflora), composes the surrounding uplands (Images 1-6). A small, camouflaged building, potentially used as a blind, was observed on the uplands to the east of the proposal (Figure 2 & Image 7). The shoreline nearby the proposed lease is comprised primarily of sand. Historical aerial images of the area, along with observed sections of eroding shoreline, indicate that the subtidal, intertidal, and upland substrate in the area is not static and is instead subject to frequent shifts and redistribution.

Figure 2: Proposed lease area and approximate low water line observed on June 2, 2020.

2 Application, page 20

Saltwind Seafarm, LLC (Nonesuch River) PAGE 2 July 13, 2020 Depth

According to the application, the proposed lease site was intended to be subtidal; specifically, the application indicates the proposed lease is located in depths between 3 and 5 feet at mean low water.3 MDMR visited the area on June 2, 2020 and confirmed the subtidal nature of the proposal. However, depths collected during the site visit indicate that portions of the site are shallower than the lease application states.

On June 2, 2020, MDMR collected depth measurements at the proposal between 2:00 and 2:30 pm. Low tide was predicted at 2:36 pm with a height of -0.16 feet on this date. MDMR’s approximate mean low water measurements show the two western corners of the proposed lease to be ~4 feet deep, while the NE and SE corners were measured to be approximately 10 and 14 inches deep, respectively. As is discernable from these depth measurements, the lease increases in depth from east to west. However, the nature of the depth increase is not gradual, but instead is the result of a drop-off from the shallow water on the eastern portion of the lease into the deeper channel in the center of the waterway. According to MDMR’s depth measurements, this channel is approximately 4 feet deep at mean low water. At the time of MDMR’s review, the drop-off into this channel was located roughly in the center of the southern half of the proposed lease site; in the northern third of the proposed lease, the drop-off was located along the eastern boundary (Figure 3). These measurements match the location of the Nonesuch River channel as observed in geo-referenced aerial photography taken on May 9, 2016 and displayed in Figures 2 and 3. Therefore, more “deep” water (~4 feet at mean low water) is located at the northern end of the site than at the southern end.

The ever-changing nature of the area and the inherent error associated with hand-held GPS units makes it difficult to identify where the “deep” waters of the channel would be located during the entire three- year term of an experimental lease.

3 Application pages 16 & 37

Saltwind Seafarm, LLC (Nonesuch River) PAGE 3 July 13, 2020

Figure 3: Proposed lease area and depths observed on June 2, 2020.

Table 1: Tide predictions at Old Orchard Beach, Maine (43.5167° N, 70.3667° W)4 Date Time Height (ft.) 6/2/2020 2:15 AM 0.01 L 6/2/2020 8:33 AM 9.49 H 6/2/2020 2:36 PM -0.16 L 6/2/2020 9:01 PM 10.39 L

Position and Distances to Shore

POSAID Positioning Software was used to calculate distances and bearings between proposed lease corners. Distances to shore were determined using ArcMap 10.6, digitized NOAA Charts, digital orthophotography provided by the Maine Office of GIS (orthoMaineCoastalProgram2003), aerial photos provided by Google Earth (May 9, 2016), and the application coordinates.

4 http://tbone.biol.sc.edu/tide/tideshow.cgi

Saltwind Seafarm, LLC (Nonesuch River) PAGE 4 July 13, 2020

WGS84 Application Coordinates – 3.15 Acres (Figure 3)

Corner Latitude Longitude 1/NW 43.5568° N 70.3357° W then 112.13 feet at 108.97o True to 2/NE 43.5567° N 70.3353° W then 1226.62 feet at 202.89o True to 4/SE 43.5536° N 70.3371° W then 112.13 feet at 288.97 True to 3/SW 43.5537° N 70.3375 W then 1226.62 feet at 22.89 True to Corner 1/NW.

Images 1 & 2: Looking northeast and east, respectively, from the middle of the proposed eastern boundary (June 2, 2020).

Saltwind Seafarm, LLC (Nonesuch River) PAGE 5 July 13, 2020

Images 3 & 4: Looking south and southwest, respectively, from the middle of the proposed eastern boundary (June 2, 2020).

Images 5 & 6: Looking southwest and northwest, respectively, from the middle of the proposed eastern boundary (June 2, 2020).

Saltwind Seafarm, LLC (Nonesuch River) PAGE 6 July 13, 2020

Image 7: Small, camouflaged building located northeast of the proposed lease (June 2, 2020).

Table 2: Approximate Distances (Figures 1-4)

Corner 1 to nearest uplands ~220 feet to the west Corner 2 to nearest uplands ~90 feet to the east Corner 4 to nearest uplands ~230 feet to the east Corner 3 to nearest uplands ~510 feet to the west Northern section of eastern boundary to approximate low water line ~100 feet to the east Northern section of western boundary to approximate low water line ~145 feet to the west Corner 2 to Nonesuch Boat Ramp ~5,000 feet to the northeast Corner 4 to Pine Point Boat Launch ~3,350 feet to the south

Saltwind Seafarm, LLC (Nonesuch River) PAGE 7 July 13, 2020 Water Quality Classification

The proposed lease is in an area currently classified by the Department of Marine Resources Water Quality Classification Program as approved for the harvest of shellfish.

Bottom Characteristics

Bottom characteristics were categorized using the Coastal and Marine Ecological Classification Standard (CMECS), a national standard for describing features of the marine environment (Table 3). Sediment information was determined based on visual analysis of the bottom from above the water’s surface; no sediment samples were taken, or grain size analysis performed. The bottom of the proposed lease site visible to MDMR staff consists primarily of sand.

Table 3. Bottom characteristics

Substrate Origin Substrate Class Substrate Subclass Substrate Group

Unconsolidated Fine Unconsolidated Geologic Substrate Sand Mineral Substrate Substrate

The criteria MDMR uses to determine the suitability of an experimental aquaculture operation to a particular area (MDMR Regulations Chapter 2.64(11)(A)) are discussed, with respect to the proposal, below:

(1) Riparian Owners Ingress and Egress

The proposed lease occupies area in the Nonesuch River. The Wildlife Management Area, which is owned and managed by the Maine Department of Inland Fisheries and Wildlife (MDIF&W), surrounds the proposed lease area. No riparian access points are located within 1,000 feet of the proposed lease area, although a small camouflaged building is located approximately 200 feet to the northeast. The nearest moorings to the proposed lease site are located to the south and are associated with the Pine Point Boat Launch. Although navigation in the area, especially at lower tidal stages, is likely to be impacted by the proposal, if granted, state managers and members of the public may continue to land vessels on the shorelines of the Nonesuch River both south and north of the lease site, without impediment, to access the surrounding uplands and aforementioned building.

It is likely that most vessels navigating in the area will also be able to access the shorelines immediately west of the proposal because, according to measurements taken by MDMR staff on June 2, 2020, along with geo-referenced aerial photography taken on May 9, 2016, it appears the proposed western boundary is located between 100 and 175 feet from the mean low water line on the Nonesuch River’s western shoreline. An estimated minimum of 100 feet of channel would remain available to the west of the proposed lease.

At mean low water, a shallow shelf extends from the eastern side of the river and poses a natural barrier to landing vessels along this shoreline (Figure 3). However, at mean low water an estimated minimum of 50 feet is located between the eastern boundary of the proposal and the Nonesuch

Saltwind Seafarm, LLC (Nonesuch River) PAGE 8 July 13, 2020 River’s eastern shoreline, at the closest point. This distance is adequate to allow crafts such as kayaks, which might be able to operate over the shallow shelf, to access the shoreline without unreasonable interference. At higher tidal stages, when adequate water depth is available over the shelf, small vessels would have room to operate between the proposed lease and the shoreline and would therefore be able to land upon the Nonesuch River’s eastern shore. However, the subtidal, intertidal, and upland substrate in the area is not static, and therefore could be subject to shifts or redistribution during the three-year term of an experimental lease.

(2) Navigation

The proposed lease is located in the Nonesuch River, approximately 1,500 feet to the north of where the Nonesuch and Scarborough Rivers converge. According to points taken by MDMR staff on June 2, 2020, the section of the Nonesuch River in which the proposed lease is located is approximately 360 and 340 feet wide, at the northern and southern ends, respectively (Figure 3). The proposed lease, with a width of 112 feet, is located in the approximate middle of the river, although slightly closer to the eastern bank. As noted in a previous section of this report, the western corners of the proposed lease are approximately 4 feet deep, and the eastern corners are approximately 10 and 14 inches deep, at mean low water.

Given these depths, and the location of the deeper channel described earlier in this report (Figure 3), it is reasonable to assume that if the proposed lease were granted, boats in the area would more frequently navigate in the deeper waters to the west of the proposal than in the shallower waters to the east. According to measurements taken by MDMR staff on June 2, 2020, along with geo- referenced aerial photography taken on May 9, 2016, it appears that the proposed western boundary is located between 100 and 175 feet from the mean low water line on the Nonesuch River’s western shoreline. An estimated minimum of 100 feet of channel would remain available to the west of the proposed lease. At mean low water, an estimated minimum of 50 feet of shallow water is located between the eastern boundary of the proposal and the Nonesuch River’s eastern shoreline, at the closest point. It is worth noting that these measurements only represent a snapshot in time, as the subtidal, intertidal, and upland substrate in the area is not static. Therefore, this area could be subject to shifts or redistribution during the three-year term of an experimental lease.

Although the shallow nature of the area and surrounding water limits the type of vessel able to operate in the area, the location of the proposed lease, which occupies roughly 1/3 of the waterway at mean low water and up to approximately ½ of the deeper channel, could impact the ability of even depth-appropriate vessels to navigate in the area, especially at lower tidal stages. Both motorized vessels and kayaks have been observed in the vicinity of the proposed lease by MDMR staff during previous visits to the area.5 Although kayaks and other crafts of similar draft could likely travel in the shallow water to the east of the proposal, the narrow nature of this area at lower tidal stages would make maneuvering more difficult. Similarly, the channel water to the west of the proposal offers adequate width and depth for shallow draft vessels. However, the presence of the proposed gear would limit navigable water in the already narrow area.

5 Specifically noted in site report a from 2018 for existing lease SCAR NRx.

Saltwind Seafarm, LLC (Nonesuch River) PAGE 9 July 13, 2020 In the Harbormaster Questionnaire submitted by the Scarborough Harbormaster on February 28,2020, “no direct impact” to navigation within the area is expected.6

Public launches that provide boating access to the Nonesuch and Scarborough Rivers include the Pine Point Boat Launch, Seavey Landing, and the Nonesuch Boat Ramp (Figure 4). As the proposal is located to the south of the Nonesuch Boat Ramp, it is likely that this section of the river experiences ample north-south navigation (Figure 4 & Section 7 of this report). Access to this area is also possible via the marked channel leading into the Scarborough and Nonesuch Rivers from .

Figure 4: Proposed lease area and nearby boat access points.

6 Harbormaster Questionnaire submitted for Saltwind Seafarm LLC proposal on 2/28/20.

Saltwind Seafarm, LLC (Nonesuch River) PAGE 10 July 13, 2020 (3) Fishing and Water-Related Uses

A shellfish harvester was observed to the south of the proposed lease at the time of MDMR’s site visit on June 2, 2020. MDMR staff have also observed shellfish harvesters elsewhere in the Scarborough and Nonesuch Rivers during other visits to the area.7 The subtidal nature of the proposal will not prevent harvesters from digging in the intertidal area immediately adjacent to the proposed lease site. However, because some eastern portions of the proposed lease were observed to be less than a foot deep at mean low water, it is possible that sections of the proposal might be available for harvesting at negative tides and would therefore be impacted by the proposed lease operations.

Additionally, on the date of MDMR’s visit, a recreational striped bass fisherman was observed to the north of the trestle in the . The proposed lease is unlikely to unreasonably impact recreational fishing in the Scarborough and Nonesuch Rivers, however, the ability of recreational vessels to navigate in the area may be impacted, as discussed elsewhere in this report.

According to the Scarborough Harbormaster, clamming and recreational fishing activities occur during the summer months.8

(4) Other Aquaculture Uses

Three aquaculture leases and four Limited Purpose Aquaculture (LPA) licenses are located within one mile of the proposed lease (Table 4 & Figure 5). The closest active lease to the proposal, SCAR NRx, is held by two of the three owners of Saltwind Seafarm, LLC and the four LPA licenses are held by the third owner.

Table 4: Active and pending aquaculture leases and licenses within 1,000 feet of the proposed lease Lease/License Lease/License Distance from Acreage Purpose Acronym Holder Proposed Lease Matthew Suspended Culture of SCAR NRx Hassler and 3.2 ~435 feet Eastern/American oysters Robert Willette Pine Point Suspended Culture of SCAR ERR Oyster 5.93 Eastern/American oysters and ~995 feet Company, LLC European oysters Suspended Culture of Nonesuch SCAR SRR 7.01 Eastern/American oysters and ~1,470 feet Oysters, LLC European oysters Suspended Culture of SNYG419 Samuel Nygren LPA Eastern/American oysters, ~2,655 feet European oysters, and hard clams Suspended Culture of SNYG319 Samuel Nygren LPA Eastern/American oysters, ~2,695 feet European oysters, and hard clams

7 Specifically noted in site report from 2018 for existing lease SCAR NRx. 8 Harbormaster Questionnaire submitted for Saltwind Seafarm LLC proposal on 2/28/20.

Saltwind Seafarm, LLC (Nonesuch River) PAGE 11 July 13, 2020 Suspended Culture of SNYG219 Samuel Nygren LPA Eastern/American oysters, ~2,735 feet European oysters, and hard clams Suspended Culture of SNYG119 Samuel Nygren LPA Eastern/American oysters, ~2,775 feet European oysters, and hard clams

Figure 5: Aquaculture activity near the proposed lease area.

(5) Existing System Support

On June 2, 2020, MDMR staff conducted a visual analysis of the bottom of the proposed lease site where possible, both from above the water’s surface and with a handheld digital video camera contained within an underwater housing. The bottom of the proposed lease is composed primarily of sand. Shell hash, including that of the soft-shell clam (Mya arenaria) and blue mussel (Mytilus edulis), was also present (Image 8). In a 2018 visit to SCAR NRx, an experimental lease located within one mile of the proposal within the Nonesuch and Scarborough Rivers, mud snails (Nassarius sp.) and hermit crabs (Pagarus sp.) were abundant, while sea lettuce (Ulva sp.) and red algae (Rhodophyta sp.) were commonly observed.

Saltwind Seafarm, LLC (Nonesuch River) PAGE 12 July 13, 2020

Image 8: Bottom of proposed lease (June 2, 2020).

Wildlife

Double-crested cormorants (Phalacrocorax auritus), herring gulls (Larus argentatus), terns (Sterna or Sternula sp.) and shorebirds were observed in the vicinity of the proposed lease site by MDMR staff on June 2, 2020.

According to GIS (Geographic Information System) data maintained by MDIF&W and available through the Maine Office of GIS, the proposed lease overlaps with Essential Habitat for the Least Tern and Piping Plover9 (Figure 6). These two species are listed as endangered under the Maine Endangered Species Act. The area also overlaps with designated habitat for the Salt Marsh Sparrow10, a species of special concern in Maine (Figure 6). Lastly, the proposed lease overlaps with Tidal Wading Bird and Waterfowl Habitat11 (Figure 6). Tidal wading bird and waterfowl habitat is defined under Maine's Natural Resources Protection Act (NRPA) as Significant Wildlife Habitat.

In an email dated May 7, 2020, John Perry, an Environmental Review Coordinator for MDIF&W, responded to a “Request for Agency Review and Comment” advising that:

“all structures and activities be located in subtidal areas with greater than 1 meter (3 feet) of water depth at low tide, and that the lease area must be accessed only from the

9 Data obtained from MDIFW maintained SDE Feature Class “GISVIEW.MEIFW.EhplvtrnPoly” 10 Data obtained from MDIFW maintained SDE Feature Class “GISVIEW.MEIFW.ETSC” 11 Data obtained from MDIFW maintained SDE Feature Class “GISVIEW.MEIFW.Twwh”

Saltwind Seafarm, LLC (Nonesuch River) PAGE 13 July 13, 2020 subtidal. Salt marsh and intertidal areas within the Scarborough Marsh [Wildlife Management Area] are not to be used to access the lease area, store equipment, secure boats, or other activities related to the operations of the lease. MDIFW acknowledges that intertidal areas within the Scarborough Marsh are sometimes dynamic due to extreme weather events and tidal activity, so as equipment is reinstalled, site conditions need to be observed and structures placed in conformance with this minimum low water depth recommendation each time.”

It should be noted that, as shown in previous sections of this report, MDMR’s visit to the area determined that sections of the proposal are less than 3 feet in depth at mean low water.

In addition to providing comment during MDMR’s lease application process, because the proposed lease site is within an area designated by MDIF&W as an Essential Habitat, MDIF&W must also evaluate the project before a lease decision may be signed by MDMR.

Figure 6: Tidal Wading Bird and Waterfowl Habitat12, Endangered, Threatened, or Species of Special Concern Habitat13, and Essential Habitat for the Piping Plover and Least Tern14 located near the proposed lease site.

12 Data obtained from MDIFW maintained SDE Feature Class “GISVIEW.MEIFW.Twwh” 13 Data obtained from MDIFW maintained SDE Feature Class “GISVIEW.MEIFW.ETSC” 14 Data obtained from MDIFW maintained SDE Feature Class “GISVIEW.MEIFW.EhplvtrnPoly”

Saltwind Seafarm, LLC (Nonesuch River) PAGE 14 July 13, 2020 Eelgrass Historical eelgrass (Zostera marina) cover data collected by MDMR in 2001 does not show historic eelgrass beds within one mile of the proposed lease site.15 On June 2, 2020, MDMR staff conducted a visual analysis of the bottom, where possible, from above the water’s surface; no eelgrass was observed.

(6) Source of Organisms to be Cultured

The applicant lists Aquaculture as the proposed source of American/Eastern oysters (C. virginica). The applicant also proposes to culture European oysters (Ostrea edulis) from a wild source. These sources are approved by MDMR, however, season and size limits must be observed when harvesting wild European oysters, and transfer permits must be obtained from MDMR prior to moving this species between waterbodies.

(7) Interference with Public Facilities

The only publicly-owned facility within 1,000 feet of the proposed lease is the Scarborough Marsh Wildlife Management Area, which is owned and managed by MDIF&W (Figure 7). Per MRSA 6072-A, publicly-owned conserved lands are not included as decision criteria for experimental leases.

Seavey Landing, which is located over 3,000 feet to the west and Pine Point Boat Launch, which is located over 3,000 feet to the south are the closest beaches, parks, or docking facilities owned by federal, state, or municipal government to the proposed lease site (Figure 7). Additionally, Ferry Beach, which is municipally-owned, is located along the shoreline of the Scarborough River over 5,000 feet to the southeast of the proposed lease site. Due to this distance, the proposed lease should not interfere with public use of these facilities.

Although approximately 5,000 feet to the north of the proposed lease, use of a fourth public facility in the area, the Nonesuch Boat Ramp, could be negatively impacted if the proposed lease were granted (Figure 7 & Image 9). This is because the proposal is located in the center of the narrow and shallow channel that leads to this state-owned access point. Although the proposed gear location would not prevent navigation between the boat ramp and points south of the proposal, it is likely to negatively impact boat operation in this route by limiting the amount of navigable water, especially at lower tidal stages. It is also worth noting that the subtidal, intertidal, and upland substrate in the area is not static, and therefore could be subject to shifts or redistribution during the three-year term of an experimental lease.

15 Data obtained from MDMR maintained service MaineDMR – Eelgrass 2010

Saltwind Seafarm, LLC (Nonesuch River) PAGE 15 July 13, 2020

Figure 7: Public facilities within 1,000 feet of the proposed lease site.

Image 9: Nonesuch Boat Ramp (July 13, 2020).

Saltwind Seafarm, LLC (Nonesuch River) PAGE 16 July 13, 2020