department of marine resources site review...2020/01/09 · aquaculture lease in the same area...

TIM JOHNSON (MIDDLE BAY) PAGE 1 JANUARY 9, 2020

Department of Marine Resources

Site Review

Timothy Johnson

452 Woodside Road

Brunswick, ME 04011

Figure 1: Vicinity map1

Location: Southeast of Crow Island, Middle Bay, Harpswell, Cumberland County, Maine

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

(Crassostrea virginica) and Northern quahogs (Mercenaria mercenaria)

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

Report Preparation by: Marcy Nelson, Flora Drury, and Jon Lewis January 9, 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 (orthoCoastalCascoBay2018).


The applicant, Timothy Johnson, is requesting 2.812 acres southeast of Crow Island, in Harpswell, for

the bottom and suspended culture of American/eastern oysters (Crassostrea virginica) and Northern

quahogs (Mercenaria mercenaria). The applicant has maintained a two-tract, 4-acre experimental

aquaculture lease in the area of the proposal since 2016 (Figure 3)3. The Maine Department of Marine

Resources (MDMR) has received no complaints regarding Mr. Johnson’s experimental aquaculture

lease. The applicant proposes to cultivate American oysters using up to 1,600 floating mesh oyster

bags, measuring 28”LX20”WX8”H each and distributed along a maximum of 16 400-foot-long lines.

Two floating upwellers, each measuring 20’LX6’WX3’D, are proposed for the cultivation of oyster

seed between June and August, annually. Quahog seed would first be cultured in up to 200 sediment

trays contained within 4 lobster wire baskets, each basket measuring 8’LX6’W4, and later planted

freely on the bottom for final grow out. A bull rake or tongs will be used to harvest quahogs from the

bottom of the proposed lease. The two upwellers and the four lobster wire baskets, with sediment

trays, are to be suspended under two 20’LX20’W wooden rafts (Image 1).5

Image 1: Shellfish raft and plastic mesh oyster bags within proposed lease

area, and experimental lease MIDD CIx, on September 12, 2019.

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

September 12, 2019. MDMR arrived on site at approximately 12:00 pm.

General Characteristics

The proposed lease is located southeast of Crow Island, in Middle Bay, Harpswell (Figure 1 and

Images 2-6). Shoal water and extensive tidally exposed mudflats separate the proposed lease from

2 Applicant originally requested 2.67 acres. DMR calculations, based on the coordinates provided by the applicant, indicate

the area is 2.81 acres. 3 MIDD CIx 4 The proposed depth of the baskets is unclear. 5 App, pages 7-15


neighboring uplands to the north, west, and south. On September 12, 2019, MDMR observed houses

and docks along the distant shorelines surrounding the proposal.

Image 2: Looking east from the SW Corner of the proposed lease site

(September 12, 2019).

Image 3: Looking south from the SW Corner of the proposed lease site



Image 4: Looking west from the SW Corner of the proposed lease site


Image 5: Looking north from the SW Corner of the proposed lease site



Image 6: Looking northeast from the SW Corner of the proposed lease site

(September 12, 2019). Experimental lease MIDD CIx is in the foreground.

Figure 2: Approximate dive transect conducted on September 12, 2019.6

6 Aerial photograph provided by The Maine Office of GIS (orthoCoastalCascoBay2013) and taken August 11 and

12, 2013 at approximate low tide. Low tide was 0.12 feet above MLW on the 11th and 0.21 feet above MLW on

the 12th (http://tbone.biol.sc.edu/tide/tideshow.cgi).


Depth

At the time of MDMR’s site assessment, depths at the corners of the proposed lease site ranged from

17 feet at the NW and SW Corners to 21 feet at the NE Corner (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 8.88 feet, was predicted to occur at 11:04 am. Correcting for

tidal variation derives water depths approximately 0.5 feet higher at the nearest high water (17.5-21.5)

and 8.38 feet lower (8.6-12.6 feet) at mean low water (0.0 feet).

Table 1: Tide predictions: Wilson Cove, Middle Bay, Casco Bay, Maine

(43.8250° N, 69.9767° W)7

Date Time Height (ft)

9/12/19 4:53 AM 0.39 L

9/12/19 11:04 AM 8.88 H

9/12/19 5:02 PM 0.87 L

9/12/19 11:15 PM 9.67 H

Bottom Characteristics

MDMR staff observed the bottom characteristics of the proposed lease site via a SCUBA transect on

September 12, 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 appears depositional and is composed primarily of mud scattered with decaying

eelgrass (Image 7).

Image 7: Mud bottom of proposed lease site (September 12, 2019).

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


Table 2: Bottom characteristics of proposed site

Substrate Origin Substrate Class Substrate Subclass Substrate

Group

Geologic

Substrate

Unconsolidated

Mineral Substrate

Fine Unconsolidated

Substrate Mud

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 – 2.81 Acres (Figure 2)

Corner Latitude Longitude

NW 43.84360° N 69.97799°W then 650.50 feet at 86.14° True to

NE 43.84372° N 69.97553°W then 193.27 feet at 181.56° True to

SE 43.84319° N 69.97555° W then 644.79 feet at 266.76° True to

SW 43.84309° N 69.97799° W then 185.92 feet at 0.00° True to NW.

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

Measurements were made using digital orthophotography provided by the Maine Office of GIS

(orthoCoastalCascoBay2013).

Feature Distance

NW Corner to Crow Is. Shoreline (~MLW) ~1,760 feet to the northwest

Northern Boundary to Nearest Sandbar (~MLW) ~100 feet to the north

NE Corner to ledges, Eastern Shoreline, Middle Bay (~MLW) ~3,300 feet to the east

NE Corner to Simpson Point Landing (end of breakwater) ~2,530 feet to the north

SE Corner to Jordan Point, Eastern Shoreline (~MLW) ~3,230 feet to the east

Southern Boundary to Sandbar North of Scrag Is. (~MLW) ~700 feet to the south

SW Corner to Nearest Point, Scrag Is. Shoreline (~MLW) ~1,080 feet to the south

SW Corner to White Island Shoreline (~MLW) ~1,800 feet to the west

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 September 12, 2019, no docks or moorings with which the

proposed activities might interfere, if the lease were granted, were observed. The closest

infrastructure, the Simpson’s Point Landing, is more than 2,500 feet to the north of the

proposal.


Shoal water leading to extensive tidally exposed mudflats separate the proposed aquaculture site

from upland properties to the north, west, and south. Access to the inner reaches of the embayment

and surrounding properties would be hindered more by tidal stage and shallow water depths than by

the proposed lease activities. Greater than 3,200 feet of navigable waters would remain between

the eastern boundary of the proposed lease, if granted, and the eastern shore of Middle Bay

(Figure 1).

(2) Navigation

The lease is proposed to be located in a secondary channel that terminates into shoal water and

extensive tidally exposed mudflats to the north, west, and south (Figures 1 and 2). Except for

local traffic wishing to access the surrounding tidal mudflats for the harvest of worms and

shellfish, most navigation in the immediate vicinity is likely confined to mid to high tidal

stages when water depths are more conducive to shorefront access. At tidal stages that support

access to surrounding waterfront properties, mariners would retain a minimum of 1,080 feet of

open water in which to navigate around the proposal, if granted.

(3) Fishing and Other Uses

During MDMR’s site assessment on September 12, 2019, no commercial or recreational fishing

activity was observed within or near the proposed lease site. MDMR staff, during previous visits to

the area, have noted evidence of limited lobster/crab fishing in the general area (3 trap buoys). 8

The Department of Marine Resources conducted its site assessment near high tide and was thus

unable to observe the extent of shellfish and worm harvesting that may occur within the tidally

exposed flats to the west. The proposed lease, if granted, will not prevent access to surrounding tidal

mudflats.

(4) Other Aquaculture Uses

The applicant, Tim Johnson, has held an experimental aquaculture lease for the culture of

shellfish in Middle Bay (MIDD CIx) since 2016. One tract of this lease is within the bounds of

the applicant’s current proposal (Figure 3). The current proposal, if granted, will replace

experimental lease MIDD CIx, reducing the overall footprint from 4 acres to 2.81 acres.

There are currently nine Limited Purpose Aquaculture (LPA) licenses within one mile of the

proposed lease (Figure 3). The nearest of these (DEDE417) is located ~3,460 feet to the

northwest.

8 MDMR Site Report, Docket #2015-08E


Figure 3: Aquaculture leases and Limited Purpose Aquaculture (LPA) licenses within 1

mile of the proposed lease area.

(5) Existing System Support

On September 12, 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 soft mud. Epibenthic macro flora and fauna observed during the dive transect are

described in Table 4. Dead and unattached eelgrass (Zostera marina) was the dominant species

of flora observed (Image 8), whereas hermit (Pagarus sp.) and horseshoe (Limulus polyphemus)

crabs were the dominant fauna observed (Image 9).


Table 4: Species observed by MDMR divers within the proposed lease site

on September 12, 2019.

Species Observed Abundance

Diatoms Abundant

Eelgrass (Zostera marina) – unattached/dead Abundant

American oyster (Crassostrea virginica) Common

Hermit crab (Pagurus sp.) Common

Horseshoe Crab (Limulus polyphemus) Common

Northern quahog (Mercenaria mercenaria) – shells Common

Polychaete worm Common

Filamentous algae Common

Beggiatoa sp. Rare

Boring sponge (Cliona sp.) Rare

Crab (Cancer sp.) Rare

Eelgrass (Zostera marina) – live Rare

Moon snail (Euspira heros) – sand collar/egg mass Rare

Sand/Mud Shrimp (Crangon septemspinosa) Rare

Unidentified sponge Rare

Image 8: Dead and unattached eelgrass observed throughout the SCUBA transect



Image 9: Horseshoe crab observed during the SCUBA transect


Eelgrass (Zostera marina)

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

Protection (DEP), in cooperation with the Casco Bay Estuary Partnership, indicate that, in 2018,

the closest observed eelgrass bed to the proposed lease was located less than 10 feet to the north

(Figure 4a). Eelgrass surveys conducted in 2013, also by DEP and the Casco Bay Estuary

Partnership, show a more limited distribution and lesser percent coverage of eelgrass in the area

(Figure 4b). It appears that, during the time the applicant has maintained an experimental

aquaculture lease in the same area (2016-present), the distribution and percent coverage of

adjacent eelgrass beds has expanded. While dead and decaying eelgrass was present throughout

the MDMR SCUBA transect and washed up on the applicant’s floating bags (Image 10), live

eelgrass was rarely observed.

To mitigate the potential of the proposed lease to interfere with existing mapped eelgrass beds,

and to meet the Army Corps of Engineers (ACOE) recommended set-back of 25 feet, MDMR

science staff recommend the proposed NW corner be shifted a minimum of 15 feet to the south,

and the proposed NE corner be shifted a minimum of 5 feet to the south.


Figure 4a: Eelgrass (Z. marina)9 near the proposed lease site, 2018.

Figure 4b: Eelgrass (Z. marina)10 near the proposed lease site, 2013.

9Data obtained from Maine Office of GIS (MaineDEP__Eelgrass_2018_Casco_Bay_Only.shp). 10Data obtained from Maine Office of GIS (MaineDEP__Eelgrass_2013_Casco_Bay_Only.shp).

.


Wildlife

During MDMR’s site review on September 12, 2019, one harbor seal (Phoca vitulina) was noted

swimming in the general area. Herring gulls (Larus argentatus) and sandpipers (Calidris sp.)

were observed roosting and feeding on the floating mesh bags associated with the applicant’s

current lease (MIDD CIx) and contained within the boundaries of the proposal (Image 10).

According to GIS (Geographic Information System) data maintained by MDIF&W and available

through the Maine Office of GIS, the proposed lease abuts Tidal Wading Bird and Waterfowl Habitat

(Figure 5).

Image 10: Sandpipers and drift eelgrass on applicant’s existing lease, MIDD CIx



Figure 5: Tidal Wading Bird and Waterfowl Habitat11; Shorebird Habitat12; and

Endangered, Threatened, or Species of Special Concern13 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). The Town of Brunswick

maintains a launch for hand-carry watercraft at Simpson’s Point Landing. The proposed lease

is located more than 2,530 feet to the south of this landing.

A small unnamed island, owned by the Maine Bureau of Parks and Lands, is located over 4,000

feet to the northeast of the proposed lease. Crow Island, more than 1,700 feet to the northwest,

is owned by the Harpswell Heritage Land Trust.

11 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Twwh” 12 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Shorebird” 13 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.ETSC”


Figure 6: Public facilities near the proposed lease site.14

(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, lights would only be used for “navigation and marking” and work

at the site, if granted, would “never” occur beyond daylight hours. Details regarding the

number and type of lights that may be used for “marking” were not provided.15

(9) Noise

The proposed lease would be accessed and serviced by vessels measuring 18 to 22 feet in length

and powered by 15-90 horsepower 4-stroke outboard motors, or a 50 hp 2-stroke outboard

motor.16 The boats and motors proposed are consistent with the size and type of vessel routinely

used both commercially and recreationally along the Maine coast.

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

“GISVIEW.MECONSLANDS.Conserved_Lands” 15 App page 22 16 App page 21


A Honda EU 7000 generator is proposed for occasional use, as a backup to the solar powered

batteries proposed to power the oyster sorter and upweller. The applicant also proposes the

periodic (2-3 times per year) use of a 5 hp water pump to remove fouling from the floating mesh

bags.17

(10) Visual Impact

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

limitations.

17 App page 22

department of marine resources site review...2020/01/09 · aquaculture lease in the same area...

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