Department of Marine Resources Site Report

Department of Marine Resources Site Report

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: Nonesuch River, Scarborough, Cumberland County, Maine 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 Scarborough Marsh 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.

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