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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).
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 2 FEBRUARY 19, 2020
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.
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 3 FEBRUARY 19, 2020
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).
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 4 FEBRUARY 19, 2020
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).
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 5 FEBRUARY 19, 2020
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).
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 6 FEBRUARY 19, 2020
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).
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 7 FEBRUARY 19, 2020
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
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 8 FEBRUARY 19, 2020
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).
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 9 FEBRUARY 19, 2020
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.
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 10 FEBRUARY 19, 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.
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 11 FEBRUARY 19, 2020
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.
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 12 FEBRUARY 19, 2020
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)
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 13 FEBRUARY 19, 2020
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
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 14 FEBRUARY 19, 2020
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).
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 15 FEBRUARY 19, 2020
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.
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 16 FEBRUARY 19, 2020
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
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 17 FEBRUARY 19, 2020
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
COMMUNITY SHELLFISH COMPANY LLC. (BREMEN) PAGE 18 FEBRUARY 19, 2020
(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