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COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 1 FEBRUARY 19, 2020

Department of Marine Resources

Site Review

Community Shellfish Company LLC.

John Marsh/Carolyn Butler

PO Box 106, 46 Cora Cressey Road

Bremen, ME 04551

Figure 1: Vicinity map1

Location: West of Oar Island, Medomak River, Bremen, Lincoln County, Maine

Purpose: Standard lease for the bottom and suspended culture of American/eastern oysters

(Crassostrea virginica), European oysters (Ostrea edulis), and Northern quahogs (Mercenaria

mercenaria).

Site Review by: Jon Lewis, Marcy Nelson and Flora Drury

Report Preparation by: Marcy Nelson, Flora Drury, and Cheyenne Adams February 19, 2020

1Unless otherwise noted, all figures in this report were created in ArcMap version 10.6 using digitized NOAA Nautical

Charts or geo-referenced aerial photographs provided by The Maine Office of GIS (orthoRegional2013).


The applicant, Community Shellfish Company LLC., is requesting 4.152 acres of shallow subtidal

and intertidal area to the north of Hog Island and west of Oar Island in Bremen for the bottom and

suspended culture of American/eastern oysters (Crassostrea virginica), European oysters (Ostrea

edulis), and Northern quahogs (Mercenaria mercenaria). The applicant has maintained a 2.58-acre

experimental aquaculture lease, MEDO HIx, in the area of the proposal since 2018 (Figure 3). The

Maine Department of Marine Resources (MDMR) has received no complaints regarding the

applicant’s experimental aquaculture lease.

The applicant proposes to cultivate oysters using up to 1,800 floating mesh oyster bags, measuring

31”LX16”WX6”H each, and up to 54 OysterGro® cages, each with maximum dimensions of

68”LX42”WX24”H.3 Oysters are also proposed to be freely planted within the boundaries of the

lease site. The application further references a potential upweller in “future seasons” but does not

provide a description or gear drawing for this piece of equipment.4 The application does not

specifically address how quahogs will be cultured.

MDMR Scientists Jon Lewis, Marcy Nelson, and Flora Drury assessed the proposed lease site on

October 30, 2019. MDMR arrived on site at approximately 11:50 am; the tide was in the late flood

stage. The proposal is partially enclosed by the former pound structure owned by the applicant.5 One

residential building is located upland of the northern portion of the proposed lease site. The shoreline

across from the proposed lease is undeveloped and is dominated by deciduous trees. A mooring field,

several ramps and floats, and the hull of the “Cora F. Cressey” are located to the south of the proposed

lease (Images 1-6).

2 Applicant originally requested 4.19 acres. DMR calculations, based on the coordinates provided by the applicant, indicate

the area is 4.15 acres. 3 Page 5 of the application references a maximum of 1500 floating mesh bags and 25-50 OysterGro units for each of the

two proposed capacities, whereas the schematic provided on page 29 of the application proposes up to 1800 floating

mesh bags and 54 OysterGro units. 4 Application, page 8 5 Previously known as the Bremen Lobster Pound Co-op.


Image 1: Facing northeast towards Oar Island from north of proposed northern

boundary (October 30, 2019).

Image 2: Facing east towards Oar Island from north of proposed northern boundary

(October 30, 2019).


Image 3: Facing southeast towards Oar Island from north of proposed northern

boundary (October 30, 2019).

Image 4: Facing south from north of proposed northern boundary (October 30, 2019).


Image 5: Facing southwest from north of proposed northern boundary

(October 30, 2019).

Image 6: Facing west from north of proposed northern boundary (October 30, 2019).


Image 7: Facing north from north of proposed northern boundary (October 30, 2019).

Figure 2: Approximate dive transect conducted on October 30, 2019.6

6 Aerial photograph provided by the Maine Office of GIS (orthoCoastalCentralCoast2003and2005).


Depth

At the time of MDMR’s site assessment, depths at the outer corners of the proposed lease site (Corners

D and E) were uniform at 11 feet (Figure 2), as measured with a transom-mounted depth sounder.

MDMR staff observed the depths of the proposed lease site at approximately 12:00 pm. High tide,

with a height of 11.18 feet, was predicted to occur at 01:04 pm. Correcting for tidal variation derives

water depths approximately 0.8 feet higher at the nearest high water (11.8 feet) and 10.4 feet lower

(0.6 feet) at mean low water (0.0 feet). Based on available NOAA Nautical Charts and aerial imagery,

it appears that much of the proposed area is intertidal. The applicant is the owner of the intertidal land

occupied by the proposed lease area. Furthermore, the applicant provided a letter of consent from the

Town of Bremen, Board of Selectmen.7

Table 1: Tide predictions: Muscongus Harbor, Maine (43.9667°N, 69.4417°W)8

Date Time Height (ft)

10/30/2019 12:51 AM 10.44 H

10/30/2019 06:57 AM -0.56 L

10/30/2019 01:04 PM 11.18 H

10/30/2019 07:33 PM -1.33 L

Bottom Characteristics

MDMR staff observed the bottom characteristics of the area of the proposed lease site not bounded

by the existing lobster pound via a SCUBA transect on October 30, 2019 (Figure 2). Bottom

characteristics were categorized using the Coastal and Marine Ecological Classification Standard

(CMECS), a national standard for describing features of the marine environment (Table 2). Sediment

information was determined based on visual analysis of the video; no sediment samples were

collected, or grain size analysis performed. The bottom of the proposed lease is composed primarily

of sand, cobble, scattered boulders, and shell (Images 8 and 9).

Table 2: Bottom characteristics of proposed site

Substrate Origin Substrate Class Substrate Subclass Substrate

Group

Geologic

Substrate

Unconsolidated

Mineral Substrate

Coarse

Unconsolidated

Substrate

Gravel Mixes

Biogenic

Substrate Shell Substrate Shell Reef Substrate

Mussel Reef

Substrate

7 App pages 17, 40, and 43 8 http://tbone.biol.sc.edu/tide/tideshow.cgi


Image 8: Representative bottom type in the area bounded by Corners B-C

(October 30, 2019).

Image 9: Representative bottom type in the area bounded by Corners C-F

(October 30, 2019).


Position and Distances to Shore

POSAID Positioning Software was used to verify the distances and bearings between proposed

lease corners. Distances to shore were determined using the measuring tool in ArcMap 10.6,

digital orthophotography provided by the Maine Office of GIS, and the application coordinates.

Application Coordinates – 4.15 Acres (Figure 2)

Corner Latitude Longitude

A 43.98518° N 69.41446°W then 209.92 feet at 135.40° True to

B 43.98477° N 69.41390° W then 371.47 feet at 52.52° True to

C 43.98539° N 69.41278° W then 152.76 feet at 118.51° True to

D9 43.98519° N 69.41227° W then 211.97 feet at 39.29° True to

E 43.98564° N 69.41176° W then 366.04 feet at 317.47° True to

F 43.98638° N 69.41270° W then 637.15 feet at 226.64° True to A.

Table 3: Approximate distances from proposed lease to surrounding features (Figures 1 & 2).

Unless otherwise noted, measurements were made using digital orthophotography provided by

the Maine Office of GIS (orthoCoastalCentralCoast2003And2005).

Feature Distance

Boundary A-F to Mainland (~MLW) 0 feet to the west

Boundary A-B to Cora F. Cressey ~85 feet to the southwest

Boundary D-E to Oar Island (~MLW) ~250 feet to the east

Corner E to Oar Island (~MLW) ~175 feet to the northeast

The criteria MDMR uses to determine the suitability of an aquaculture operation to an area

(MDMR Regulations Chapter 2.37(A)) are discussed, with respect to the proposal, below:

(1) Riparian Ingress and Egress

During MDMR’s site assessment on October 30, 2019, a single float and several piles of

lobster traps were noted on the western shoreline of Oar Island. The proposed lease, if granted,

is unlikely to impede access to this shoreline; boaters are expected to travel primarily in the

subtidal waters between the proposed lease and Oar Island. At low tidal stages the proposed

lease area is mostly inaccessible to mariners. The closest infrastructure is the lobster pound

owned by the applicant (Image 5). Although a mooring field and several ramps and floats were

noted to the south, the proposed activities are unlikely to obstruct access; the southern

boundary of the proposed lease runs parallel with the physical structure of the lobster pound.

9 In the application the latitude and longitude for Corner D were the same as those proposed for Corner C. The correct

coordinate is shown here, provided by John Marsh via email on January 30, 2020.


Stairs leading to the shoreline were observed approximately 72 feet to the north of the

proposed lease (Figure 2). Because the proposal shares the nearshore portion of its northern

boundary with that of the lobster pound infrastructure owned by the applicant, additional

impediments to riparian ingress and egress are not anticipated. Furthermore, old pilings already

limiting navigation through the area were observed between the northern boundary of the

proposed lease and the stairs to the north (Image 6).

(2) Navigation

The lease is partially located within the physical confines of the lobster pound owned by the

applicant, an area that already excludes vessel traffic. The area of the proposed lease outside of

the lobster pound is primarily intertidal, and unnavigable at lower tidal stages. On October 30,

2019 a mooring field, with ~20 moorings, was observed to the south of the proposal (Images 4

and 5).10 Motorboats, dinghies, and lobster boats were utilizing these moorings. To the north of

the proposal, and Oar Island, was a marina.11 Tidally exposed flats separate this commercial

facility from the proposed lease area (Figure 1). Vessels transiting through the area in a

north/south direction are expected to adhere primarily to the channel between the eastern

boundary of the proposal and the western shoreline of Oar Island. More than 250 feet separate

the proposed lease and Oar Island to the east; a minimum of ~175 feet separate the northern

boundary of the proposal from Oar Island to the northeast.

(3) Fishing and Other Uses

During MDMR’s site assessment on October 30, 2019, approximately 20 lobster trap buoys were

observed in the general area of the proposed lease; three of these buoys were within or adjacent to

the proposed lease boundaries. No other commercial or recreational fishing was observed at the time

of the Department’s site assessment. MDMR recognizes that many commercial and recreational

fisheries are more prevalent in the summer months. Due to the timing of the site visit, it is likely that

other activities occur in the vicinity of the proposed lease that were not witnessed during the site

visit. A Harbormaster Questionnaire was sent to the Town of Bremen on September 10, 2019. At

the time of this report a completed questionnaire had not been received by MDMR.

(4) Other Aquaculture Uses

The applicant, Community Shellfish LLC., has held an experimental aquaculture lease, MEDO

HIx, for the culture of shellfish within the boundaries of the former Bremen Lobster Pound Co-

op since 2018 (Figure 3). The current proposal, if granted, will replace MEDO HIx, increasing

the overall footprint from 2.58 acres to 4.15 acres. There are no other aquaculture leases or

licenses within 1 mile of the proposal.

10 Presumably owned by the applicant. Application, page 14 11 Broad Cove Marine Services, Inc.


Figure 3: Aquaculture leases and Limited Purpose Aquaculture (LPA) licenses within

1 mile of the proposed lease area.

(5) Existing System Support

On October 30, 2019, MDMR staff conducted a SCUBA transect within the proposed lease site

to assess the epibenthic ecology of the area (Figure 2). The bottom of the proposed lease is

composed of sand, shell hash, cobble, and scattered boulders. Epibenthic macro flora and fauna

observed during the dive transect are described in Table 4.


Table 4: Species observed by MDMR divers on October 30, 2019.

Species Observed Abundance

Barnacles Abundant

Blue mussel (Mytilus edulis) – shells Abundant

Encrusting bryozoans Abundant

Mud snail/periwinkle (Littorina sp.) Abundant

Rockweed (Ascophyllum sp.) – near structure Abundant

Carpet sea squirt (Didemnum vexillum) Common

Green Crab (Carcinus maenas) Common

Hermit crab (Pagurus sp.) Common

Irish moss (Chondrus crispus) Common

Other tunicates Common

Crab (Cancer sp.) Occasional

Eelgrass (Zostera marina) – live and within boundaries Occasional

European oyster (Ostrea edulis) Occasional

Golden star tunicate (Botryllus schlosseri) Occasional

Lobster (Homarus americanus) burrow Occasional

Northern quahog (Mercenaria mercenaria) Occasional

Sea vase (Ciona intestinalis) Occasional

Image 10: Invasive colonial tunicate (Didemnum vexillum) within boundaries of

proposal (October 30, 2019)


Image 11: European oyster (Ostrea edulis), tunicates, and snails (Littorina sp.)

among shells, cobble, and marine algae.

Eelgrass (Zostera marina)

Historical eelgrass (Zostera marina) data collected by The Maine Department of Marine

Resources indicate that, in 2005, eelgrass was observed within the boundaries of the pound and

proposed lease (Figure 4). An eelgrass survey in this area has not been conducted since 2005.

During MDMR’s assessment of the proposed experimental lease (MEDO HIx) on October 12,

2017, no eelgrass was noted within the pound structure.12 On October 30, 2019, MDMR science

staff conducted a SCUBA survey of the current proposed lease area that was not included in the

original 2017 aquaculture lease proposal, and therefore not surveyed at that time (Figure 2).

Established eelgrass was observed roughly 10 feet to the east of the boundary formed by Corners

B and C (Image 12) and again approximately 85 feet to the north of the proposed lease (Image

13) (Figure 4). Only the occasional individual plant was observed within the boundaries of the

proposed lease area. The United States Army Corps of Engineers (ACOE) recommends a

minimum of 25 feet of separation between aquaculture sites and established eelgrass beds. The

applicant contacted DMR and the ACOE early in the application process, and ultimately

modified the proposed lease area in an effort to ensure the proposal does not encroach upon

existing eelgrass beds.13

12 MDMR Site Report, Docket #2017-12E 13 ACOE eelgrass reply-Applicant communication.msg, June 12, 2019


Figure 4: Eelgrass (Z. marina)14 near the proposed lease site, 2005.

Image 12: Eelgrass (Z. marina) confirmed to southeast of proposed boundary B-C

(October 30, 2019)

14Data obtained from Maine Office of GIS (Eelgrass Beds 2001-2010).


Image 13: Eelgrass (Z. marina) to the north of the proposed lease

(October 30, 2019).

Wildlife

During MDMR’s site review on October 30, 2019, a nest presumably belonging to an osprey

(Pandion haliaetus) was observed on a wooden post to the immediate north of the proposed lease

(Image 14). According to GIS (Geographic Information System) data maintained by MDIF&W and

available through the Maine Office of GIS, the proposed lease overlaps with Tidal Wading Bird and

Waterfowl Habitat (Figure 5). In response to a request for review and comment Wildlife Biologist,

Becca Settele, stated, “Minimal Impacts to wildlife are anticipated for this project.”15

Image 14: Osprey (Pandion haliaetus) nest to the north of the pound and

proposed lease (October 30, 2019).

15 Email dated September 16, 2019.


Figure 5: Tidal Wading Bird and Waterfowl Habitat16; Shorebird Habitat17; and

Endangered, Threatened, or Species of Special Concern18 near the proposed lease site.

(6) Interference with Public Facilities

The proposed lease is not within 1,000 feet of any beach, park, docking facility, or conserved

lands owned by federal, state, or municipal governments (Figure 6). It should be noted that the

hull of the “Cora F. Cressey”, a five-masted schooner located ~70 feet to the southwest of the

proposed lease, is on the national register of historical places. The proposed lease will not

interfere with public enjoyment of this historic place.19

The proposed lease is partially located within the former Bremen Lobster Pound Co-op, now

owned by the applicant. The Maine Department of Marine Resources, through its Working

Waterfront Initiative, holds a conservation easement at this property. The “land is conserved

specifically to allow fishermen and others who work on the water an access point.”

A portion of Oar Island, owned by Anne Wesson20 and located approximately 300 feet to the

east of the proposal, is a conservation easement held by the Maine Department of Inland

Fisheries and Wildlife.

16 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Twwh” 17 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Shorebird” 18 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.ETSC” 19 Data obtained from https://npgallery.nps.gov/NRHP/AssetDetail?assetID=af33e001-3e80-4c55-be03-235db1cd44cc 20 App pages 17 and 40


Crow and Crotch Islands, owned by the Maine Bureau of Parks and Lands, are located over

2,500 feet and 5,000 feet, respectively, to the south of the proposed lease.

Figure 6: Public facilities near the proposed lease site.21

(7) Water Quality

The proposed lease area is currently classified as “Open/Approved” by the MDMR Bureau of

Public Health for the harvest of shellfish.

(8) Lighting

According to the application, work would be conducted beyond daylight hours only in

emergency situations. The application lists one portable 60-watt light that would be contained

within a building at the end of the existing pier.22

21 Data obtained from SDE Feature Class sourced from The Maine Office of GIS

“GISVIEW.MECONSLANDS.Conserved_Lands” 22 App page 10


(9) Noise

According to the application, all proposed power equipment, except for a 25 hp Yamaha

outboard motor, is electric. The application does not specify what types of equipment associated

with the proposed lease, if granted, will be powered by the available electrical hook-up.23

(10) Visual Impact

The proposed aquaculture operations comply with the MDMR’s height and visual impact

limitations.

23 App page 10

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