Department of Marine Resources Site Review · 2019. 12. 19. · COFFIN, WALTER (RECOMPENSE COVE,...

COFFIN, WALTER (RECOMPENSE COVE, FREEPORT) PAGE 1 DECEMBER 19, 2019

Department of Marine Resources

Site Review

Walter Coffin

P.O. Box 8

South Freeport, ME 04078

Figure 1: Vicinity map1

Location: Between Wolf Neck and Flying Point, Casco Bay, Freeport, Cumberland County

Purpose: Standard lease for the bottom and suspended culture of quahogs (Mercenaria

mercenaria), American/eastern oysters (Crassostrea virginica), soft-shell clams (Mya arenaria),

razor clams (Ensis directus), and Arctic surf clams (Mactromeris polynyma).

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

Report Preparation by: Marcy Nelson, Jon Lewis, and Flora Drury December 19, 2019

1All 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 (orthoCoastalCascoBay2013 and orthoCoastalCascoBay2018).


The applicant, Walter Coffin, is requesting 16.632 acres of subtidal waters between Wolf Neck and

Flying Point in the town of Freeport, Maine for the suspended culture of shellfish. The applicant is

proposing to culture shellfish using a combination of bottom planting (no gear) and floating and

submerged cages and mesh bags. Bottom cages would be deployed in up to 59 parallel rows, with

each row measuring 150 feet in length. Spacing between rows is proposed at 20 feet. Floating cages

and bags are proposed to be deployed in 40 parallel rows, each row measuring 100 feet long. Spacing

between rows is proposed at 30 feet. The northeastern most portion of the proposed lease would be

free of gear and reserved for bottom planting only.3

Maine Department of Marine Resources (MDMR) Scientists Jon Lewis, Marcy Nelson, and Flora

Drury assessed the proposed lease site on September 12, 2019 and October 8, 2019. MDMR arrived

on site at approximately 9:30 am on September 12th and 11:00 am on October 8th.

General Characteristics

The proposed lease area is in Recompense Cove, between Wolf Neck to the north and west and Flying

Point to the east (Figure 1). The Flying Point shoreline to the east of the proposed lease is dominated

by residential buildings, whereas the western shoreline (Wolf Neck) is less developed. A few distant

houses, Wolfe’s Neck Woods State Park, and Wolfe’s Neck Center for Agriculture and the

Environment were observed to the north and west. Extensive tidally exposed mudflats separate the

proposed lease area from surrounding shorefront properties (Figure 2a and Images 1-8).

Image 1: Looking east towards Flying Point from the NNE Corner

(September 12, 2019).

2 Applicant requested 16 acres. DMR calculations, based on the coordinates provided by the applicant, indicate the area is 16.63

acres. 3 App, pages 23-26


Image 2: Looking southeast towards Flying Point from the NNE Corner


Image 3: Looking southeast towards Flying Point from the NNE Corner


Image 4: Looking south from the NNE Corner of the proposed lease site



Image 5: Looking southwest from the NNE Corner (September 12, 2019).

Image 6: Looking west from the NNE Corner (September 12, 2019).

Image 7: Looking northwest towards Wolf Neck from the NNE Corner



Image 8: Looking north from the NNE Corner (September 12, 2019).

Figure 2a: Proposed lease area with approximate dive transect conducted on

September 12, 2019.4

4 Aerial photograph, provided by The Maine Office of GIS (orthoCoastalCascoBay2018), taken June16 and 17, 2018 at

low tide. Low tide was 1.60 feet below Mean Low Water (MLW) on the 16th and 1.43 feet below MLW on the 17th

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


Figure 2b: Proposed lease area in relation to tidally exposed mudflats.5

Depth

At the time of MDMR’s site assessment on September 12, 2019, depths at the corners of the proposed

lease site ranged from 9.3 feet at the NNE corner to 13.4 feet at the SE Corner (Table 1, Figure 2b),

as measured with a transom-mounted depth sounder. MDMR staff observed the depths of the

proposed lease site corners at approximately 9:53 am. High tide, with a height of 8.79 feet above Mean

Low Water (MLW), was predicted to occur at 11:14 am (Table 2). Correcting for tidal variation

derives water depths approximately 0.9 feet higher at the nearest high water (10.2-14.3) and 7.9 feet

lower (1.4-5.5 feet) at MLW (0.0 feet).

Tidal stations are used only as estimates of tidal height and cannot account for the physical

characteristics of distant areas that may affect water flow. Due to limitations in the accuracy of tidal

predictions and depth calculations, actual water depths within the proposed lease at MLW may vary

from MDMR estimates. Low-tide aerial imagery (Figure 2b) and NOAA Nautical Charts (Figure 2c)

suggest that all except maybe a small portion of the proposed lease, between Corners INW and NNW,

is subtidal.

5 Aerial photograph, provided by The Maine Office of GIS (orthoCoastalCascoBay2013), taken August 11 and 12, 2013

at 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).


Figure 2c: Proposed lease area in relation to tidally exposed mudflats (NOAA Chart)

Table 1: Depth measurements at corners of proposed lease

(September 12, 2019 at 9:53 am)

Corner Depth (ft)

NNE 9.3

NNW 10

INW 10.5

NW 10.2

SW 10.3

SE 13.4

NE 11.9

Table 2: Tide predictions at South Freeport, Casco Bay, Maine (43.8200° N, 70.1033° W)6

Date Time Height (ft)

9/12/2019 5:01 AM 0.38 L

9/12/2019 11:14 AM 8.79 H

9/12/2019 5:10 PM 0.86 L

9/12/2019 11:25 PM 9.57 H

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


Bottom Characteristics

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

September 12, 2019 (Figure 2a). 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 video; no sediment samples were taken or grain size analysis performed. The bottom of the

proposed lease was composed of soft mud along the SCUBA transect between the proposed SE and

NE corners (Image 9). In the northeastern most portion of the proposal, between the proposed NNW

and INE corners, MDMR divers also observed areas of firmer mud with shell hash present on the

surface of the substrate (Image 10).

Table 3: Bottom characteristics of proposed site

Substrate Origin Substrate Class Substrate Subclass Substrate Group

Geologic

Substrate

Unconsolidated Mineral

Substrate

Fine Unconsolidated

Substrate Mud

Image 9: Mud bottom near SE Corner of proposed lease site (September 12, 2019).

Image 10: Mud and shell bottom (NNW to INE Transect, September 12, 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 Coordinates7 – 16.63 Acres (Figure 2a-c)

Corner Latitude Longitude

NW/“H” 43.820225° N 70.075592° W then 505.33 feet at 138.49°T to

Inner NW/“C” 43.819187° N 70.074323° W then 404.91 feet at 64.97°T to

NNW/“B” 43.819657° N 70.072933° W then 283.60 feet at 152.33°T to

NNE/“A” 43.818968° N 70.072434° W then 342.37 feet at 236.53°T to

Inner NE/“D” 43.818450° N 70.073516° W then 669.89 feet at 140.16°T to

NE/“E” 43.817039° N 70.071890° W then 405.77 feet at 222.02°T to

SE/“F” 43.816212° N 70.072919° W then 1496.86 feet at 320.10°T to

SW/“G” 43.819362° N 70.076557° W then 404.77 feet at 38.99°T to NW.

Table 4: Approximate distances from proposed lease to surrounding features (Figure 2b).

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

(orthoCoastalCascoBay2013), unless otherwise noted.

Feature Distance

SW Corner to nearest point, island off Wolf Neck (MLW) ~1,060 feet to the west

NW Corner to nearest point, island off Wolf Neck (MLW) ~1,300 feet to the west

NNW Corner to nearest point, Wolf Neck (MHW) ~1,430 feet to the northwest

NNE Corner to nearest point, island off Flying Point (MHW) ~1,500 to the northeast

NE Corner to nearest point, Flying Point (MHW) ~1,150 to the east

SE Corner to nearest point, Flying Point (MHW) ~1,350 to the east

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

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, and again on October 9,2019, a

minimum of 16 docks were observed to the north and east of the proposed lease, along the

Flying Point shoreline (Images 1-3 and 8). A hand-held Global Positioning System (GPS) was

used to collect latitudes and longitudes for those docks nearest the proposal and accessible by

7 Corners are labeled out of order in the application (page 4). MDMR staff relabeled the corners for clarity and for the purpose of

determining distances and bearings between corners.


boat at the time (Figure 2a). Other homes, with and without docks, were interspersed between

those identified in Figure 2a above, but were primarily inaccessible due to shallow water

depths and exposed ledges at the time of MDMR’s site visit. Kayaks, paddleboards, rowboats,

and small outboard motorboats were observed moored near, stored on, or tied to nearby docks.

Because the proposed lease is over 1,100 feet from the Flying Point shoreline, it is unlikely to

interfere with riparian access. At lower tidal stages, more than ~500 feet of exposed mudflats

and ledges currently limit waterborne access to the Flying Point shoreline east of the proposal.

The Wolf Neck peninsula and shoreline to the west of the proposed lease is less developed than

that of Flying Point. On September 12th and October 9th, no docks or moorings were noted to

the west of the proposal. The uplands to the immediate west, south of Little River, are part of

the Wolfe’s Neck State Park and boast a steep rocky shoreline leading to mature forest (Images

6-8). A stairway leading to a beach, and kayaks, were present to the northwest, at Wolfe’s

Neck Center for Agriculture & The Environment. More than 1,000 feet of tidally exposed

mudflats and shallow water separate the proposed lease from this property.

On September 12, 2019 and October 9, 2019, MDMR staff identified two sailboats and one

motorboat moored to the south of the proposed lease; another sailboat was observed moored to

the southeast; and two motorboats were observed to the northeast. A GPS was used to record

the location of the southerly moorings, the nearest of which was located approximately 960

feet to the south of the proposed SE Corner (Figure 2a, Images 11-12). The proposed lease, if

granted, is not expected to impede access to these moorings.

Image 11: Sailboat “Equanimity” and motorboat “True” (September 12, 2019)


Image 12: Sailboat “ERRICO” (September 12, 2019)

(2) Navigation

Navigation into and out of the upper reaches of the bay formed by Wolf Neck to the west and

Flying Point to the east, locally known as Recompense Cove, is naturally restricted at lower tidal

stages by shallow water depths and exposed mudflats. The proposed lease borders the extensive

intertidal mudflats that comprise the northern extent of Recompense Cove at low water. A

narrow channel allowing for limited navigation at all tidal stages is located to the southeast of

the proposal. Water depths to the south and west of the proposal, are less than 2 feet at low tide

(Figures 1 and 2a-c).

At higher tidal stages, when water depths within Recompense Cove are sufficient to allow

navigation, depth appropriate vessels will have a minimum of ~500 feet, to more than 1,000 feet,

available for navigation around the proposal, if granted.

(3) Fishing and Other Uses

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

activities were observed within the boundaries of the proposed lease site. Lobster (Homarus

americanus) trap buoys, and one vessel engaged in lobster fishing activities, were observed to the

south. When MDMR staff returned to the area on October 8, 2019, 8 trap buoys (all with the same

blue spindle and orange and red buoy) were noted in the general area.

During the SCUBA transects of the proposed lease on September 12, 2019, MDMR divers

commonly observed northern quahogs (Mercenaria mercenaria) and European oysters (Ostrea

edulis). Although observed along both transects, oysters were more abundant to the north and

west, particularly throughout the second transect between corners NNW and INE (Figure 2a).

Considering the shallow subtidal water depths that compose the proposed lease area, and the

extensive intertidal mud flats to the north, the commercial and/or recreational harvest of clams

and oysters is likely to occur in the surrounding area, and even within the proposed lease

boundaries during minus or extra low tides.


According to Pete Thayer, Bureau of Public Health Area Biologist for the Maine Department

of Marine Resources, soft-shell clam (Mya arenaria) harvesting occurs in the high intertidal

and is more prevalent along the eastern side of Little River Cove, to the west of the proposal8.

The proposed lease, if granted, is not expected to impede the harvest of soft-shell clams from

the cove at the mouth of the Little River.

Charles Tetreau, Town of Freeport Harbormaster, responded with the following when asked

about the extent and type of commercial and recreational fishing within the area of the

proposed lease:

“Commercial lobstering occurs during certain months within the channel along the east side of

the lease. During extreme low tides I have observed shellfish harvesters harvesting quahogs

within the area. This lease will affect recreational stripe bass fishermen.”9

(4) Other Aquaculture Uses

There are 13 Limited Purpose Aquaculture (LPA) licenses within one mile of the proposed lease

and many more existing or pending leases and licenses in the greater Casco Bay region (Figure

3).

Figure 3: Existing aquaculture leases and licenses nearby the proposal.

8 Email dated June 10, 2019 9 Harbormaster Questionnaire received by MDMR on June 18, 2019


(5) Existing System Support

On September 12, 2019, MDMR staff conducted a SCUBA transect of the proposed lease site to

assess the epibenthic ecology of the area (Figure 2a, Images 13-17). The bottom of the proposed

lease is composed primarily of mud. Epibenthic macro flora and fauna observed during the dive

transect are described in Table 5.

Table 5: Species observed during dive transect on September 12, 2019.

Species Observed Abundance

Diatoms Abundant

Hermit Crabs (Pagarus sp.) Abundant

Eelgrass (Zostera marina) Transect 1: Patches commonly observed

Northern quahog (Mercenaria mercenaria) Transect 1: Common

Transect 2: Abundant

European oyster (Ostrea edulis) Transect 1: Rare

Transect 2: Common to Abundant

Polychaete worm holes Common to Abundant

Red algae Transect 2: Common

Tangle weed (Stilophora sp.)? Transect 2: Common

Barnacle (Balanus sp.)? Rare

Bloodworm (Glycera sp.) Rare (although polychaete holes were common)

Crab (Cancer sp.) Rare

Green Crab (Carcinus maenas) Rare

Boring Sponge (Cliona sp.) Rare

Burrowing anemone (Edwardsia sp.) Rare

Dog Whelk (Nassarius sp.)? Rare

Northern sea star (Asterias vulgaris) Rare

Image 13: Brown algae commonly observed (September 12, 2019)


Image 14: European oysters commonly observed (September 12, 2019)

Image 15: Northern quahog siphon hole (September 12, 2019)

Image 16: Sample of Northern quahogs documented and released

(September 12, 2019)


Image 17: Polychaete worm hole (September 12, 2019)

Eelgrass (Zostera marina)

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

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

eelgrass was observed within the southeastern portion of the proposed lease (Figure 4a). A

previous survey, conducted by MDMR in 2001,10 documented eelgrass throughout the proposed

lease area (Figure 4b). During MDMR’s site assessment on September 12, 2019, patches of

eelgrass were observed along the dive transect, near the southeastern boundary of the proposal.

During MDMR’s return visit on October 8, 2019, the extent of eelgrass within the southeastern

portion of the proposed lease was mapped using a transom-mounted depth sounder and

confirmed using a drop video camera. “Drop Camera Transect 1” captured the edge of the

eelgrass boundary, with the start of the video documenting a soft mud bottom that quickly

graduated to a mature eelgrass bed to the north and west (Image 18). Eelgrass was observed

throughout “Drop Camera Transect 3”; the video ended at the point that eelgrass was no longer

visible using a transom-mounted depth sounder (Images 20-21). The MDMR SCUBA

assessment conducted on September 12, 2019, and further mapping using a transom-mounted

depth sounder and drop camera on October 8, 2019, confirm the results of the 2018 eelgrass

survey conducted by DEP and the Casco Bay Estuary Partnership.

10 GISVIEW.MEDMR.Eelgrass


Figure 4a: Documented eelgrass (Z. marina)11 in the vicinity of the

proposed lease site, 2018.

Figure 4b: Documented eelgrass (Z. marina)12 in the vicinity of the

proposed lease site, 2001.

11 Data obtained from Maine Office of GIS (MaineDEP__Eelgrass_2018_Casco_Bay_Only.shp). 12 Data obtained from Maine Office of GIS (GISVIEW.MEDMR.Eelgrass).


Image 18: Eelgrass observed along “Drop Camera Transect 1” (Figure 4a)

Image 19: Eelgrass observed at “Drop Camera 2” (Figure 4a)

Image 20: Eelgrass observed along “Drop Camera Transect 3” (Figure 4a)


Image 21: Eelgrass, dying back for winter, observed along “Drop Camera

Transect 3” (Figure 4a)

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

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

staff recommend, at a minimum, that the proposed SE corner be shifted approximately 650 feet

to the northwest (Figure 4c). The coordinates, distances and bearings between corners, and

acreage of this proposed reduction are displayed below.

Figure 4c: Suggested reduction to mitigate potential impacts on existing

eelgrass beds, should the lease be granted.


Suggested Revised Coordinates – 13.64 Acres (Figure 4c)

Corner Latitude Longitude

NW 43.820225° N 70.075592° W then 505.33 feet at 138.49°T to

Inner NW 43.819187° N 70.074323° W then 404.91 feet at 64.97°T to

NNW 43.819657° N 70.072933° W then 283.60 feet at 152.33°T to

NNE 43.818968° N 70.072434° W then 342.37 feet at 236.53°T to

Inner NE 43.818450° N 70.073516° W then 669.89 feet at 140.16°T to

NE 43.817039° N 70.071890° W then 716.32 feet at 285.98°T to

New SE 43.817580° N 70.074499° W then 846.78 feet at 320.10°T to

SW 43.819362° N 70.076557° W then 404.77 feet at 38.99°T to NW.

Wildlife

According to data maintained by MDIF&W and available through the Maine Office of GIS, the

proposed lease overlaps Tidal Wading Bird and Waterfowl Habitat (Figure 5). In an email dated June

27, 2019, Becca Settele, a Wildlife Biologist for MDIF&W, responded to a “Request for Agency

Review and Comment” stating: “Minimal impacts to wildlife are anticipated for this project.”

Figure 5: Tidal Wading Bird and Waterfowl Habitat13 and Endangered, Threatened, or Species of

Special Concern14 near the proposed lease site.

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


(6) Interference with Public Facilities

At mean low water (MLW) the proposed lease is bordered by tidally exposed mud flats

associated with Wolfe’s Neck Woods State Park (Figure 6). At its closest point, at Mean High

Water (MHW), the proposed lease is approximately 1,360 feet to the south and east of Wolfe’s

Neck Woods State Park.

Figure 6: Publicly owned and/or conserved lands near the proposed lease site.15

(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, 2 100-watt deck lights, and headlamps or flashlights, would be

used on the proposed lease site when working after dark. The applicant has indicated that work

would only occur beyond daylight hours when preparing for storms, responding to

emergencies, or in the late fall and early spring when there are fewer daylight hours.16

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

“GISVIEW.MECONSLANDS.Conserved_Lands” 16 App page 13


(9) Noise

The proposed lease would be accessed and serviced by outboard skiffs ranging in length from

14 feet to 24 feet. Additionally, the applicant proposes the routine use of a tumbler and hauler,

both powered by the 12-volt boat batteries, and the periodic use of a power washer, powered by

a 4-stroke gas generator.17

(10) Visual Impact

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

limitations.

17 App pages 10 and 12

Department of Marine Resources Site Review · 2019. 12. 19. · COFFIN, WALTER (RECOMPENSE COVE,...

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