The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D. Baker GOVERNOR Tel: (617) 626-1000 Karyn E. Polito Fax: (617) 626-1081 LIEUTENANT GOVERNOR http://www.mass.gov/eea Kathleen A. Theoharides SECRETARY
April 16, 2021
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM
PROJECT NAME : The Great Marsh Shellfish Co. PROJECT MUNICIPALITY : Rowley PROJECT WATERSHED : Parker EEA NUMBER : 16339 PROJECT PROPONENT : Brendan Doyle DATE NOTICED IN MONITOR : March 10, 2020
Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G. L. c. 30, ss. 61- 62I) and Section 11.06 of the MEPA regulations (301 CMR 11.00), I hereby determine that this project does not require the preparation of an Environmental Impact Report (EIR).
Project Description
As described in the Environmental Notification Form (ENF), the project involves two phases including the establishment of an approximately 1.6-acre aquaculture operation within mud flats and the water sheet of the Rowley River (Phase 1) and repairs and/or improvements to a residential camp structure and associated deck, walkway and pilings (Phase 2).
The aquaculture operation will include placement of floating docks, clam nets, bottom culture, flip up bags, floating cages, and upweller nursery systems within an approximately 1.6 acre area. Aquaculture activities will include planting, transplanting, growing and storing of seaweed, and shellfish including but not limited to, oysters, scallops, mussels, quahog, surf, blood, razor, and soft-shell clams with the primary focus on oysters and softshell clams. The aquaculture activities will impact approximately 25.1 square feet (sf) of Land Under Ocean
EEA# 16339 ENF Certificate April 16, 2021
(LUO) and 39.5 sf of Land Containing Shellfish associated with the installation of helical moorings for the associated floats. The project site may accommodate up to 1.61 acres (70, 240 sf) of clam nets on the intertidal flats.
The gear used for oyster grow-out will be located off-bottom to minimize impacts on water circulation and sediment disturbance. Electricity to supply power to the pump running the in-water shellfish nursery equipment will be generated using solar panels. Aquaculture gear will be placed in the Rowley River annually from March to December and will be removed by December 31 each year. The majority of the gear will be stored off-site at a land-based storage facility. Some of the floating cages will be strung together and moved to a designated overwintering area and sunk to the bottom where nonmarket ready oysters will be stored to protect them from ice damage for the winter.
Because the permitting path for authorizing work related to the camp building and associated deck, walkway and pilings under the Chapter 91 Waterways Regulations (310 CMR 9.00) is not clear, plans for Phase 2 have not been developed. The Proponent intends to move forward at this time with Phase 1 which includes the aquaculture project only, with operations occurring from the waterside of the site. The Proponent will need to submit a Notice of Project Change (NPC) for Phase 2 of the project which includes repairs and/or improvements to the Chapter 91 jurisdictional structures on the site.
Project Site
The 3.8-acre project site consists of salt marsh and tidal mud flats with an existing 750 sf camp building located on and around Hog Island on the Rowley River which discharge to Plum Island Sound. In addition to the camp building, the site currently includes a deck and boardwalk leading to the shoreline, consisting of wooden boards raised above the salt marsh platform. The proposed aquaculture project area will include portions of three commercial clam flats (approximately 0.875total acres) deemed unproductive by the Massachusetts Division of Marine Fisheries (DMF) survey and a leased area (approximately 0.75acres) of water sheet all within the town of Rowley. These flats are locally referred to as Browns Flat, Hog Island Creek, and Strawberry Inlet. The site will be accessed by boat from the Rowley town landing, Perley’s Marina and other established landings. The overwintering area is a separate Harbor Master designated site located in Plum Island Sound within the Parker River National Wildlife Refuge and outside of the proposed aquaculture project area. The entire overwintering area is below the low tide mark and submerged by over 6 feet of water at low tide.
The project site is located within Priority and Estimated Habitat as mapped by the Division of Fisheries and Wildlife’s (DFW) Natural Heritage and Endangered Species Program (NHESP). It is also located within the Great Marsh Area of Critical Environmental Concern (ACEC). The site does not contain eelgrass or other submerged aquatic vegetation. Comments from the Division of Marine Fisheries (DMF) note that the project site is considered habitat for winter flounder (Pseudopleuronectes americanus) larval settlement and juvenile development. Plum Island Sound is also an outlet to the Atlantic Ocean for many important rivers in the north shore of Massachusetts, including the Parker, Ipswich, and Rowley Rivers. These Rivers along
2 EEA# 16339 ENF Certificate April 16, 2021
with Plum Island Sound provide habitat for the passage, spawning, and early development of several diadromous fish species including blueback herring (Alosa aestivalis), alewife (Alosa pseudoharengus), rainbow smelt (Osmerus mordax), white perch (Morone americana), and American eel (Anguilla rostrata). Although the site was determined to be unproductive, shellfish have been mapped in the project vicinity by DMF, including soft shell clam (Mya arenaria), razor clam (Ensis directus) and blue mussel (Mytilus edulis). The aquaculture site is within the N.4 shellfish growing area which is currently conditionally approved for shellfish harvest.
Environmental Impacts and Mitigation
The aquaculture operation is expected to directly impact 25.1 sf of LUO, and 39.5 sf of Land Containing Shellfish. This impact is associated with the limited portions of the aquaculture gear that will be placed on the bottom of the seafloor, and is temporary due to the removal of gear during the winter months. The clam nets may occupy up to an additional 1.61 acres of the intertidal flats1 and up to 440 sf of additional temporary impacts to LUO are associated with overwintering activities. Additional work associated with repairs/improvements to the camp building and associated structures would result in 100 sf of permanent impacts to Salt Marsh and 1,200 sf of temporary impacts to Salt Marsh associated with construction access. The project will alter Priority and Estimated Habitat of state-listed species and is located within an ACEC.
Measures to avoid, minimize, and mitigate impacts include: removal of gear in the winter, use of gear that will minimize impacts to benthic habitat, siting the project to avoid impacts to navigation and indigenous shellfish resources, and launching vessels from established public landings. The project will also incorporate non-harmful measures to deter birds to avoid creating nuisance condition and associated concentration of feces.
Jurisdiction and Permitting
The aquaculture component of the project is undergoing MEPA review and requires an ENF pursuant to 301 CMR 11.03(11)(b) because it requires an Agency Action and is located within a designated ACEC. The project may also meet/exceed the ENF threshold at 301 CMR 11.03(3)(b)(1)(f). The proposed aquaculture operations require certification of the Proponent’s private shellfish aquaculture license by DMF pursuant to MGL c. 130 § 57. Phase 2 of the project may also meet/exceed the ENF threshold at 301 CMR 11.03(3)(b)(1)(c) because it requires a c. 91 License from the Massachusetts Department of Environmental Protection (MassDEP) and will result in the alteration of 1,000 or more sf of salt marsh or outstanding resource waters.
The Rowley Conservation Commission issued an Order of Conditions (DEP File No. 63- 0702) for the first phase of the project (aquaculture activities) that was not appealed. The proposed aquaculture floats, gear and equipment for Phase 1 will be authorized under an annual 10A permit, subject to local review and approval by the Rowley Harbormaster. An additional OOC, or in the case of an appeal, a Superseding Order of Conditions from MassDEP, will be required for Phase 2, including work associated with maintenance and/or improvements to the
1 Interidal flats are assumed to consist of Coastal Beach and Land Containing Shellfish.
3 EEA# 16339 ENF Certificate April 16, 2021
camp, pilings, deck, and walkway that may result in impacts to Salt Marsh. Both phases of the project may require authorization from U.S. Army Corp. of Engineers (ACOE).
The project is not seeking Financial Assistance from the Commonwealth. Therefore, MEPA jurisdiction is limited to those aspects of the project that are within the subject matter of any required or potentially required state permits and that may cause Damage to the Environment as defined in the MEPA regulations.
Review of the ENF
The ENF provided a description of existing and proposed conditions, preliminary project figures, and identified measures to avoid, minimize and mitigate project impacts. The Proponent provided supplemental information to the MEPA Office and distribution list on March 26, 2021 that clarified the phasing of the project and provided estimates of resource area impacts associated the repair and/or improvements to the camp and associated structures. For purposes of clarity, all supplemental materials provided by the Proponent are referred to herein as the ENF unless otherwise referenced.
The ENF included a discussion of site selection which was based on the Town of Rowley having shellfish aquaculture bylaw and a right to farm bylaw in combination with the Proponent’s ownership of the subject parcel to the low tide mark. As indicated by the Proponent, siting the project outside the ACEC is not feasible as all coastal waters in Rowley that meet regulatory requirements for aquaculture are located within the Great Marsh ACEC. The ENF indicated that alternative sites are limited as Rowley is the only municipality where the Proponent can site the project due to restrictions on aquaculture in surrounding coastal municipalities. The project site was also selected due to the current and historical lack of wild shellfish. As described in the ENF, surveys conducted by the DMF indicate that the proposed aquaculture area does not contain a significant amount of naturally occurring shellfish, does not contain eel grass, endangered species, existing wild fisheries, or significant marine resources.
ACEC
The project site is located within the Great Marsh Area of Critical Environmental Concern (ACEC), which was formally designated as such in 1979. As outlined in the ACEC designation document, the Great Marsh ACEC is significant to flood control, the prevention of storm damage, the protection of land containing shellfish and fisheries and interests protected by the Wetlands Protection Act (WPA). The ENF indicated that impacts to the ACEC will be mitigated through the water quality benefits provided by aquaculture operations as the shellfish naturally filter organic material from the water column. Additionally, the project will reestablish shellfish populations which have declined in the project area.
Wetlands, Waterways and Fisheries
Phase 1 of the project will impact 25.1 sf of LUO and 39.5 sf of Land Containing Shellfish associated with placement of moorings on the seafloor. It will also place clam nets on up to an additional 1.61 acres of the intertidal flats. As indicated by the Proponent, impacts
4 EEA# 16339 ENF Certificate April 16, 2021
associated with overwintering could impact up to 440 sf of LUO. 2 The Rowley Conservation Commission issued an Order of Conditions for these impacts which was not appealed. The ENF indicated that the aquaculture operation will involve the placement of bottom culture and/or bottom cultch within the project area. Based on the amount of fill that this may require, a 401 and/or Chapter 91 License from MassDEP may be required. The Proponent should consult with MassDEP regarding this activity to determine the need for these permits. Phase 2 of the project will result in both permanent (100 sf) and temporary (1,200 sf) impacts to salt marsh. At minimum, an additional Order of Condition(s) will be required for impacts to salt marsh.
As described in MassDEP’s comment letter, while the proposed aquaculture floats, gear appear to be eligible for an annual 10A permit, subject to review and approval by the Rowley Harbormaster, the proposed maintenance, repairs, and/or improvements to the unauthorized camp building, pilings, walkway and deck do not meet the standards for annual permitting under Section 10A and are subject to the licensing provisions of Chapter 91. In the absence of a presently valid waterways license issued pursuant to Chapter 91, the proposed maintenance, repairs and/or improvements described in the ENF require a new Chapter 91 License. Additionally, because the Project Site is located within the ACEC, it is subject to the regulatory provisions of 310 CMR 9.32(1)(e) which identify limited situations and specify narrow criteria that must be met in order for MassDEP to authorize privately owned structures within an ACEC.
As indicated in MassDEP’s comments, the Proponent may file a Request for Determination of Applicability and provide supporting documentation to identify whether any of the existing structures meet the relevant regulatory standards for c.91 licensing. Comments from MassDEP strongly recommend that the Proponent ensure that the aquaculture operations (Phase 1)s be designed to be viable and entirely independent from Phase 2 in the event the structures do not meet the regulatory standards and thus may not be maintained or improved.
As noted in DMF’s comment letter, salt marshes are significant to the protection of marine fisheries because they support the base of coastal food webs and provide, spawning, nursery, and forage habitat. Comments from DMF note that all equipment, vessels, or materials associated with the proposed aquaculture at the site should be prohibited from the adjacent salt marsh areas. Construction equipment and practices should be planned to minimize impacts to salt marsh and should not be stored on the resource areas. All temporarily disturbed areas should be restored to pre-existing conditions. I refer the Proponent to comments from DMF which identify additional recommendations for the design of the decking in Phase 2 to improve protection to salt marsh resources.
DMF has made a conditional determination under M.G.L. c. 130, § 57 that the issuance of an aquaculture license and operation thereunder would have no substantial impact on shellfish or other natural resources within the Rowley River. DMF is currently reviewing the overwintering site component of this project under its authority at M.G.L. Chapter 130 and consistent with the requirements of 322 CMR 15 for site review (322 CMR 15.06) and the issuance of Class 3 DMF aquaculture permits (322 CMR 15.04(1)(a)(3)). The Proponent should consult with the U.S. Fish and Wildlife Service regarding the need for approval for overwintering activities in the Parker River National Wildlife Refuge. Prior to conducting any
2 Information received by the MEPA Office via e-mail from Brenden Doyle on 4/14/2021.
5 EEA# 16339 ENF Certificate April 16, 2021 aquaculture activities at either site the applicant must obtain a propagation permit issued by the DMF Director pursuant to 322 CMR 7.01(4)(c) & 15. MA DMF will establish permit conditions on the propagation permit that protect marine fisheries resources and habitats potentially impacted by the proposed project.
Rare Species
The project site is located within Priority and Estimated Habitat which are protected pursuant to the Massachusetts Endangered Species Act (MESA; M.G.L c. 131A) and its implementing regulations (321 CMR 10.00) as well as the rare species provisions of the Massachusetts Wetlands Protection Act (WPA, 310 CMR 10.37). Comments from NHESP indicate the aquaculture operation will not result in a prohibited “Take” of state-listed species and their habitats. This determination is not applicable to the proposed repairs and/or improvements to the camp building, pilings, walkway and deck. The Proponent should consult with NHESP regarding impacts associated with Phase 2 of the project.
Cultural Resources
Comments from the Board of Underwater Archaeological Resources (BUAR) indicate that there are no known records of underwater archaeological resources at the project and that the project is unlikely to impact any submerged cultural resources. However, the area may be archaeologically sensitive. If archaeological resources are encountered during the course of the work, the Proponent should take steps to avoid or limit adverse affects and notify BUAR, the Massachusetts Historical Commission, and other appropriate agencies in accordance with BUAR’s Policy Guidance for the Discovery of Unanticipated Archaeological Resources.
Conclusion
The ENF has sufficiently defined the nature and general elements of the project for the purposes of MEPA review and analyzed measures to avoid, minimize and mitigate environmental impacts. Based on review of the ENF and comments received, and in consultation with state agencies, I have determined that no further MEPA review is required.
April 16, 2021 ______Date Kathleen A. Theoharides
Comments received:
03/19/2021 Anonymous 03/29/2021 Natural Heritage and Endangered Species Program (NHESP)
6 EEA# 16339 ENF Certificate April 16, 2021
03/30/2021 Board of Underwater Archaeological Resources (BUAR) 03/30/2021 Joe Christopher 04/01/2021 Office of Coastal Zone Management (CZM) 04/02/2021 Massachusetts Aquaculture Association 04/05/2021 Massachusetts Department of Environmental Protection (MassDEP) 04/06/2021 Division of Marine Fisheries (DMF)
KAT/EFF/eff
7 3/29/2021 Public Comment
(http://www.mass.gov/orgs/department-of-public-utilities) Mass.gov | Executive Office of Energy & An official application of the Commonwealth of Massachusetts
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Comment Details
EEA #/MEPA ID* First Name Address Line 1 Organization 16339 ------Comments Submit Date Last Name Address Line 2 Affiliation Description 3-19-2021 -- -- Individual Review Due By Phone State Status 3-29-2021 -- -- Opened Reviewer Email Zip Code Erin Flaherty (617) 874-0589 -- --
Comments
Topic: Bringing aquaculture to the north shore would be wonderful
The plan outlined by the Great Marsh Shellfish Co seems very well thought out, will renovate and improve their site in ways that have minimal impact on the environ‐ ment, the organisms of the great marsh and all boat traffic in the area. This also provides an awesome opportunity to bring an environmentally sustainable industry to the area, providing jobs and innumerable opportunities for local outreach and education. After the past year of Covid it is awesome to hear great news such as this. I look forward to seeing and learning more about the good work the Great Shellfish Co. will be doing in the future.
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October 12, 2020
Rowley Conservation Commission Town Hall PO Box 24 Rowley MA 01969
Brenden Doyle The Great Marsh Shellfish Co. 22 Hammond Street Rowley MA 01969
RE: Applicant: Brenden Doyle, The Great Marsh Shellfish Co. Project Location: 0 Hog Island Project Description: Aquaculture Project DEP Wetlands File No.: Unavailable NHESP File No.: 19-39003
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37, 10.58(4)(b)). The Division also received the MESA Review Checklist and supporting documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18).
WETLANDS PROTECTION ACT (WPA) Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this project, as currently proposed, will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species. Therefore, it is our opinion that this project meets the state-listed species performance standard for the issuance of an Order of Conditions.
Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project.
MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this project, as currently proposed, will not result in a prohibited Take of state-listed rare species. This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division
NHESP No. 19-39003, Page 2
pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project.
Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Melany Cheeseman, Endangered Species Review Assistant, at (508) 389-6357.
Sincerely,
Everose Schlüter, Ph.D. Assistant Director
cc: MA DEP Northeast Region
The COMMONWEALTH OF MASSACHUSETTS BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS 251 Causeway Street, Suite 800, Boston, MA 02114-2136 Tel. (617) 626-1141 Fax (617) 626-1240 Web Site: www.mass.gov/eea/agencies/czm/buar/
30 March 2021
Kathleen A. Theoharides, Secretary Executive Office of Energy and Environmental Affairs Attention: Erin Flaherty, MEPA Unit 100 Cambridge Street, Suite 900 Boston, MA 02114
RE: Brenden Doyle: The Great Marsh Shellfish Co Project (EOEA #16339), Rowley, MA
Dear Secretary Theoharides,
The staff of the Massachusetts Board of Underwater Archaeological Resources has reviewed the above- referenced proposed project as detailed in the Environmental Monitor of 10 March 2021 and offers the following comments. The Board has conducted a preliminary review of its files, the Massachusetts Historical Commission’s (MHC) Massachusetts Cultural Resources Inventory System (MACRIS), the National Oceanic and Atmospheric Administration’s Office of Coast Survey’s Wreck and Obstructions database, historical charts and maps, and secondary literature sources to identify known and potential submerged cultural resources in the proposed project area. No record of any underwater archaeological resources was found in the proposed project area. Based on the results of this review, the Board expects that this project is unlikely to impact submerged cultural resources. However, the Board notes the area may be archaeologically sensitive. Research indicates that certain types of environmental and topographical settings are strongly associated with the presence of precontact period archaeological deposits, and the loss of earlier and smaller coastal vessels and the purposeful abandonment of obsolete or damaged vessels are generally not found in the documentary record. Therefore, should heretofore unknown archaeological resources be encountered during the course of work, the Board expects that the project’s sponsor will take steps to limit adverse effects and notify the Board and the MHC, as well as other appropriate agencies, immediately in accordance with the Board’s Policy Guidance for the Discovery of Unanticipated Archaeological Resources. The Board appreciates the opportunity to provide these comments as part of the MEPA review process. Should you have any questions regarding this letter, please do not hesitate to contact me by email at [email protected].
Sincerely,
David S. Robinson Director
/dsr Cc: Brona Simon, MHC Robert Boeri and Kathryn Glenn, MCZM (via email attachment) Bettina Washington, WTGH/A THPO (via email attachment) David Weeden, MWT THPO (via email attachment)
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From: Czepiga, Page (EEA) on behalf of MEPA (EEA) To: Flaherty, Erin (EEA) Subject: Fw: Great Marsh Shellfish Co - Brendan Doyle Date: Tuesday, March 30, 2021 1:17:39 PM
From: Joe Christopher
CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system. Do not click on links or open attachments unless you recognize the sender and know the content is safe. Hi MEPA,
What a fantastic opportunity to raise local oysters in the north shore. Shellfish aquaculture is a sustainable and green business. Shellfish harvest helps to improve sediment quality by loosening and dispensing silt and muck and helps add oxygen to bottom waters and sediments. Oysters can filter 100 gallons of seawater in a single day as partner of their natural feeding process. This project is a great step forward for the Rowley River!
Thanks Joe Christopher
MEMORANDUM
TO: Kathleen A. Theoharides, Secretary, EEA ATTN: Erin Flaherty, MEPA Office FROM: Lisa Berry Engler, Director, CZM DATE: April 1, 2021 RE: EEA-16339, The Great Marsh Shellfish, Co; Rowley
The Massachusetts Office of Coastal Zone Management (CZM) has completed its review of the above-referenced Environmental Notification Form (ENF), noticed in the Environmental Monitor dated March 10, 2021, and offers the following comments.
Project Description The proposed project is for the establishment of an aquaculture farm located at 0 Hog Island in Rowley. The site includes approximately 3.8 acres of salt marsh and tidal mud flats with an existing camp building comprising approximately 750 square feet (SF) of living space located on the Rowley River within the Great Marsh Area of Critical Environmental Concern (ACEC). In addition to the camp building, the site currently includes a deck and boardwalk leading to the shoreline, consisting of wooden boards raised above the salt marsh platform. According to the ENF, the project includes repairs to these structures. The aquaculture activities proposed will be contained within the portions of the intertidal areas owned by The Great Marsh Shellfish LLC, and the adjacent land under water to below 50 inches of mean low water. Aquaculture activities will include planting, transplanting, growing and storing of seaweed, and shellfish including but not limited to, oysters, scallops, mussels, quahog, surf, blood, razor, and soft-shell clams with the primary focus on oysters and softshell clams. The project will impact approximately 39.5 SF associated with the installation of helical moorings for the associated floats. The gear to be used for the oyster grow-out will be located off-bottom to minimize impacts on water circulation and sediment disturbance. Electricity to supply power to the pump running the shellfish nursery equipment will be generated using solar panels. Pipe anchors for use with the flip up bag configuration were chosen to minimize the potential impact to the substrate. All aquaculture gear will be in place from March to December annually at the primary site, and will include clam nets, bottom culture, flip up bags, floating cages, and upweller nursery systems. All aquaculture gear will be removed from the primary site by December 31 each year, with most of the gear stored off-site at a land-based storage facility. Some of the floating cages will be strung together and moved to an overwintering area designated by the Rowley Harbormaster and sunk to the bottom where nonmarket ready oysters will be stored to protect them from ice damage for the winter. The floats attached to these cages will be flooded and the cages flipped to act as standoffs to keep the cage structure off the bottom in the overwintering configuration.
Project Comments The Great Marsh Shellfish Co. worked closely with the Town of Rowley and state agencies to ensure that the proposed aquaculture project is designed to minimize impacts to the Great Marsh ACEC and provided adequate documentation to describe how the aquaculture aspect of the project will meet this goal. During the MEPA review consultation, CZM expressed the need for additional information on the proposed repairs of the camp structure and the reconstruction of the deck and
boardwalk structures to determine whether this work would be consistent with CZM coastal policy in an ACEC. Additional information was submitted during the MEPA review period to state that, while the aquaculture project was ready to move forward, additional information regarding the need for DEP Waterways authorization for the camp and boardwalk work, the extent and type of work proposed on the camp structure, and the redesign of the boardwalk would need to be prepared before this aspect of the project can move forward. Accordingly, the proponent intends to move forward at this time with the aquaculture project only, with all work occurring from the waterside of the site. Once this design and permitting path have been determined, a Notice of Project Change will be filed with MEPA to describe the work to the camp and boardwalk on the marsh platform. Presuming the waterways authorization pathway has been addressed, the proponent should work closely with the Division of Marine Fisheries on the design of the boardwalk, in particular to ensure that at minimum a 1.5 to 1 ratio is met for the structure to ensure that shading impacts to salt marsh vegetation is minimized.
Federal Consistency Review The proposed project is subject to CZM federal consistency review and if so must be found to be consistent with CZM's enforceable program policies. For further information on this process, please contact Robert Boeri, Project Review Coordinator, at [email protected], or visit the CZM web site at https://www.mass.gov/federal-consistency-review-program.
LBE/kg cc: Rachel Freed, MassDEP Chrissy Hopps, MassDEP Waterways Kate Frew, MassDMF Brent Baeslack, Rowley Conservation Agent Kathryn Glenn, CZM
MAA Trustees 2021
Seth Garfield, Cuttyhunk Shellfish Farms, Gosnold, MA -President
Jared Hemmila, Barnstable Seafarms, Barnstable - Vice President March 31, 2021
Stephen Wright - Chatham Mr. Brenden Doyle Shellfish Co., West Great Marsh Shellfish Co. Chatham - Treasurer 22 Hammond St Bill Doyle – Plymouth Rock Rowley, MA 01969 Oyster, Plymouth - Clerk Dear Brenden, Chris Sherman – Island Creek Shellfish Farms, As you are likely aware the MAA was established in 1986 to serve as the Duxbury – Past President primary trade association for aquaculture in the Commonwealth of Massachusetts. Since that time, the MAA has continued to work to support Mark Begley - Beach Point aquaculture in Massachusetts by providing a broad range of services that Shellfish LLC , West encourage aquaculture development as an economic and environmental benefit Barnstable to our Commonwealth and for the communities that host aquaculture activity. Joe Buttner, Salem State To that end we are pleased to extend our full support for your project “Great University, Salem Marsh Shellfish Co.” and furthermore, see your proposed efforts as a positive contribution to aquaculture in Massachusetts. Andrew Cummings, Wash- Ashore Oyster Ranch , We understand that the Great Marsh Shellfish Co. farm will occupy a section Wellfleet of the flat known as Brown’s Flat, Hog Island Creek, Strawberry Inlet, and the Rowley River, encompassing approximately 3.8 acres; a size farm that is Bob Field – Copper Beech consistent with the average size of shellfish farms in Massachusetts. And Oyster Farm, Mattapoisett furthermore, you have proposed to use practices and species that are customary Alex Hay - Wellfleet to shelfish farming in Massachusetts. We also understand that you have Shellfish Company, worked closely with the Town of Rowley, as the host community for your Wellfleet farm, and that you have also worked with the State Division of Marine Fisheries and through both you have received conditional approvals and terms Les Hemmila - Barnstable and conditions for your project. Seafarms, Barnstable Dale Leavitt – Blue Stream With the above in mind, we extend our best wishes for the establishment of Aquaculture, East Falmouth Great Marsh Shellfish Co., wish you the best of luck with your farming endeavors and look forward to opportunities to work with you and to see your Dan Martino - Cottage City contributions to aquaculture in Massachusetts. Oyster Co., Oak Bluffs Best Regards, Gregg Morris – 2 Rock
Oyster Farm, Duxbury Dave Ryan –Cape Cod Seth Garfield Oyster, Marstons Mills President
Massachusetts Aquaculture Association - P.O.BOX 186 West Chatham, MA 02669
Charles D. Baker Kathleen A. Theoharides Governor Secretary
Karyn E. Polito Martin Suuberg Lieutenant Governor Commissioner
Memorandum
To: Erin Flaherty, MEPA
From: Daniel Padien, Chief, Waterways Regulation Program, MassDEP Chrissy Hopps, Waterways Regulation Program, MassDEP
Re: Comments from the Chapter 91 Waterways Regulation Program ̶ EEA #16339; ENF ̶ 0 Hog Island (Map 38 Parcel/Lot 37), Rowley, Essex County
Date: April 5, 2021
The Department of Environmental Protection Waterways Regulation Program (the “Program”) has reviewed the referenced Environmental Notification Form (ENF) EEA #16339 and supplemental information submitted by Brenden Doyle on behalf The Great Marsh Shellfish LLC (the “Proponent”). The project site is listed in the ENF document as 22 Hammond Street, however the location of the project subject to the following comments is Map 38 Parcel/Lot 7 (0 Hog Island) (the “Project Site”), which is the location of a proposed aquaculture operation partially located on flowed tidelands of the Rowley River within the Great Marsh Area of Critical Environmental Concern (ACEC)1 in Rowley, Essex County.
Chapter 91 Jurisdiction The Project Site is approximately 3.8 acres of marsh and tidal flats containing a pile-supported “camp” building, walkway, pile-supported deck, and multiple pilings. Certain structures and support structures are in varying states of disrepair. The portion of the Project Site subject to Chapter 91 jurisdiction includes all of the area seaward of the present-day High Water Mark pursuant to 310 CMR 9.02. A preliminary review of the copy of a survey included with the ENF revealed that the majority of the “camp” building, the deck, and portions of the walkway and certain pilings are located below existing mean high water and therefore within a geographic area subject to Chapter 91 jurisdiction as defined by 310 CMR 9.04(1). Based on a review of Program records
1 Designated as the “Parker River/Essex Bay Area” Area of Critical Environmental Concern on March 2, 1979, pursuant to M.G.L. c.131 § 2(7).
This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of Diversity/Civil Rights at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper
The Great Marsh Shellfish LLC / EEA #16339 / ENF Page 2 of 2 MassDEP Chapter 91 Waterways Comments April 5, 2021
and information provided by the Proponent, there do not appear to be any Chapter 91 authorizations for the existing structures located within jurisdiction.
Chapter 91 Regulatory Analysis The proposed aquaculture floats, gear and equipment that are consistent with the regulatory thresholds at Section 10A of Chapter 91 M.G.L. and the Waterways Regulations at 310 CMR 9.07 appear to be eligible for an annual 10A permit, subject to review and approval by the Rowley Harbormaster. However, the proposed maintenance, repairs, and/or improvements to the unauthorized “camp” building, pilings, walkway and deck do not meet the standards for annual permitting under Section 10A and are subject to the licensing provisions of Chapter 91 administered by the Program.
In the absence of a presently valid waterways license issued pursuant to Chapter 91, the proposed maintenance, repairs and/or improvements described in the ENF require a new license pursuant to 310 CMR 9.05(1)(a). Furthermore, because the Project Site is located within the ACEC, it is subject to the regulatory provisions of 310 CMR 9.32(1)(e) which stipulate the limited situations and narrow criteria where the Program is authorized to license privately-owned structures within an ACEC.
The Proponent may choose to file a Chapter 91 Application for a Request for Determination of Applicability (WW04) and provide supporting documentation to identify whether any of the existing structures meet the relevant regulatory standards for licensing. The Program strongly recommends that the Proponent ensure that any proposed aquaculture operation that is being advanced will be viable entirely independent from the structures subject to licensing, in the event said structures do not meet the regulatory standards and may not be maintained or improved.
The Program looks forward to assisting the Proponent with any further Chapter 91 regulatory review. If you have any questions, please contact Daniel Padien at [email protected] or Chrissy Hopps at [email protected] The 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 KATHLEEN A. THEOHARIDES RONALD S. AMIDON DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director
April 5, 2021
Kathleen Theoharides, Secretary Executive Office of Energy and Environmental Affairs Attn: MEPA Office, Erin Flaherty 100 Cambridge Street, suite 900 Boston, Ma 02114
RE: EEA# 16339 The Great Marsh Shellfish Co.
Dear Secretary Theoharides:
The Division of Marine Fisheries (MA DMF) has reviewed the Environmental Notification Form (ENF) submitted by The Great Marsh Shellfish Company for a proposed aquaculture farm at 0 Hog Island along Brown’s Flat, Hog Island Creek, Strawberry Inlet, and the Rowley River in the Town of Rowley. The proposed aquaculture site encompasses 3.8 acres and includes an area for clam nets to be set for the protection of soft-shell clam seed, up to 390 suspended oyster bags and 360 floating cages, and a floating upweller system. The applicant also proposes a 16-acre overwintering area within Plum Island Sound. Additionally, the application included an estimate of resource area impacts associated with potential repairs to an existing camp structure and boardwalk.
The proposed project is located within the Great Marsh Area of Critical Environmental Concern (ACEC). The Great Marsh ACEC is uniquely important for fishing, shellfishing, tourism, and recreation in Massachusetts. Salt marshes are significant to the protection of marine fisheries because they support the base of coastal food webs and provide, spawning, nursery, and forage habitat. Specifically, the project site is considered habitat for winter flounder (Pseudopleuronectes americanus) larval settlement and juvenile development. Plum Island Sound is also an outlet to the Atlantic Ocean for many important rivers in the north shore of Massachusetts, including the Parker, Ipswich, and Rowley Rivers. These Rivers along with Plum Island Sound provide habitat for the passage, spawning, and early development of several diadromous fish species including blueback herring (Alosa aestivalis), alewife (Alosa pseudoharengus), rainbow smelt (Osmerus mordax), white perch (Morone americana), and American eel (Anguilla rostrata). Finally, shellfish have been mapped in the project vicinity by MA DMF, including soft shell clam (Mya arenaria), razor clam (Ensis directus) and blue mussel (Mytilus edulis). The site is within the N.4 shellfish growing area which is currently conditionally approved for shellfish harvest.
MA DMF offers the following comments for your consideration: • MA DMF is currently reviewing the overwintering site component of this project under its authority at M.G.L. Chapter 130 and consistent with the requirements of 322 CMR 15 for site review (322 CMR 15.06) and the issuance of Class 3 DMF aquaculture permits (322 CMR 15.04(1)(a)(3)). MA DMF's Aquaculture Program has certified the licensing of the Hog Island grow-out site. MA DMF review is currently on-going for the overwintering site. Staff are planning to complete a dive survey of the site sometime in April or May. Prior to conducting any aquaculture activities at either site the applicant must obtain a propagation permit issued by the MA DMF Director pursuant to 322 CMR 7.01(4)(c) & 15. MA DMF will establish permit conditions on the propagation permit that protect marine fisheries resources and habitats potentially impacted by the proposed project. Additionally, a state commercial shellfish permit is required to sell market-sized product to a dealer.
• All equipment, vessels, or materials associated with the proposed aquaculture at the site should be prohibited from the adjacent salt marsh areas. Construction equipment and practices should be planned to minimize impacts to salt marsh. Construction equipment should not be stored on the resource areas and temporarily disturbed areas should be restored to pre-existing conditions.
• Before starting any work on the existing cabin and boardwalk, the applicant should obtain a Chapter 91 License for the structures.
• The applicant has submitted preliminary plans for proposed repairs to the existing cabin and boardwalk. If and when this work moves forward it will require a Notice of Project Change from MEPA. MA DMF requests copies of finalized plans for review and recommends that the dock decking be set at a minimum 1.5:1 H:W. The height for this ratio should be measured from the marsh surface to the base of the horizontal support stringer. Additionally, individual deck planks of the structure are to be spaced at least ¾ inch apart.
Questions regarding this review may be directed to Kate Frew in our Gloucester office at [email protected].
Sincerely,
Daniel J. McKiernan Director
DM/kf/sd cc: T. Kneeland, Shellfish Constable B. Doyle, Great Shellfish Co. K. Glenn, CZM P. Maniccia, ACOE C. Petitpas, J. Kennedy, D. Winkler, MA DMF