BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 1 JULY 26, 2019
Department of Marine Resources
Site Review
Black Stone Point Oysters LLC
236 Bayview Road
Nobleboro, ME 04555
Phone: 207-380-4888
Figure 1: Vicinity map1
Location: South of Hog Island, Damariscotta River, Damariscotta, Lincoln 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: Flora Drury, Marcy Nelson, and Jon Lewis July 26, 2019
1With the exception of Figure 4, all figures in this report were created in ArcMap version 10.5 using digitized NOAA Nautical
Charts or geo-referenced aerial photographs provided by The Maine Office of GIS
(orthoCentralCoast2003and2005, previously known as Low_Tide_2004).
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 2 JULY 26, 2019
Maine Department of Marine Resources (MDMR) staff Jon Lewis, Marcy Nelson, and Flora Drury
conducted an assessment of the proposed lease site on April 18, 2019. High tide on this date was
predicted at 11:12 am. MDMR arrived on site around 10:30 am, when the tide was in the late flood
stage, and left the site during the early ebb stage.
The applicant, Black Stone Point Oysters LLC, is requesting 12.852 acres west, south, and east of
Hog Island in the Damariscotta River for the bottom and suspended culture of American/eastern
oysters (Crassostrea virginica) and northern quahogs (Mercenaria mercenaria). Approximately
1.95 acres of the proposed lease are intended to host suspended aquaculture gear, including wire
mesh OysterGro cages (67.5”x40.5”x18”), square mesh ADPI bags (24”x36”x4.5”), and wire mesh
bottom cages (48’x36”x9) (Figure 2). The remaining ~10.9 acres of the proposed lease are intended
for bottom culture only, and therefore would be free of gear, with the exception of corner makers
and a moored raft (12’x16’x12.5’).
Figure 2: Proposed lease area with approximate dive transect conducted on
April 18, 2019.
2 Applicant originally requested 12.98 acres. DMR calculations, based on the coordinates provided by the applicant,
indicate the area is 12.85 acres.
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 3 JULY 26, 2019
General Characteristics
The proposed lease area is located in waters near Hog Island in the Damariscotta River (Figure 1
and Images 1-4). Hog Island is wooded, with a rocky and sandy shoreline. A house and dock are
located on the island. The Damariscotta uplands to the east of the proposed lease are mostly
forested, with a dock and residential buildings.
Image 1: Looking at Hog Island and the proposed lease site from south of the
proposal (April 5, 2018).
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 4 JULY 26, 2019
Image 2: Looking at the Damariscotta River shoreline to the east of the proposed
lease (image taken from a position south of the proposal on April 5, 2018).
Image 3: Looking south down the Damariscotta River (image taken from a position
south of the proposal on April 5, 2018).
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 5 JULY 26, 2019
Image 4: Looking at the Damariscotta River shoreline to the southwest of the
proposed lease (image taken from a position south of the proposal on April 5, 2018).
Depth
MDMR staff assessed the proposed lease site between approximately 10:30 and 11:30 am on April
18, 2019. The tide was high at 11:12 am on this date (Table 1). Depths were not collected during
MDMR’s site assessment.
Per page 6 of the application, it appears the applicant intended the proposal to run “along the MLW
mark of the island”. However, geo-referenced aerial photographs provided by The Maine Office of
GIS (orthoCentralCoast2003and2005) indicate that certain boundaries of the proposal overlap
with the mean low water line (Table 2). Permission from the riparian landowner to use their
property was included in the application, however, permission from the Municipal Shellfish
Committee, which is required by MDMR rules for intertidal lease applications, was not
included. MDMR will require the applicant to obtain permission from the Municipal Shellfish
Committee prior to the public hearing.
Table 1: Tide predictions at Newcastle, Damariscotta River, Maine (43.0333° N, 69.5367° W)3
Date Time Height (ft)
4/18/19 5:06 AM -0.99 L
4/18/19 11:12 AM 11.00 H
4/18/19 5:30 PM -1.05 L
3 http://tbone.biol.sc.edu/tide/tideshow.cgi
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 6 JULY 26, 2019
Bottom Characteristics
MDMR staff observed the bottom characteristics of the proposed lease site via a SCUBA transect
on April 18, 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 taken or grain size analysis performed. The bottom of the
proposed lease site is composed of soft mud, with sections of cobble closer to shore and in the
deeper channel in the western portion of the lease (Figure 3).
Figure 3: Bottom characteristics along dive transect.
Table 2: Bottom characteristics of proposed site
Substrate Origin Substrate Class Substrate Subclass Substrate Group
Geologic
Substrate
Unconsolidated Mineral
Substrate
Fine Unconsolidated
Substrate Mud
Geologic
Substrate
Unconsolidated Mineral
Substrate
Coarse Unconsolidated
Substrate Cobble
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 10.5,
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 7 JULY 26, 2019
digital orthophotography provided by the Maine Office of GIS, and the application
coordinates.
Application Coordinates – 12.85 Acres (Figure 2)
Corner Latitude Longitude
1 44o 0’ 46.06” N 69o 32’ 42.71” W then 579.12 feet at 16.27o True to
2 44o 0’ 51.55” N 69o 32’ 40.49” W then 309.50 feet at 105.56o True to
3 44o 0’ 50.73” N 69o 32’ 36.41” W then 138.61 feet at 39.25o True to
4 44o 0’ 51.79” N 69o 32’ 35.21” W then 123.71 feet at 99.42 True to
5 44o 0’ 51.59” N 69o 32’ 33.54” W then 497.40 feet at 198.06o True to
6 44o 0’ 46.92” N 69o 32’ 35.65” W then 99.96 feet at 157.20o True to
7 44o 0’ 46.01” N 69o 32’ 35.12” W then 144.20 feet at 100.5o True to
8 44o 0’ 45.75” N 69o 32’ 33.18” W then 223.54 feet at 38.40 True to
9 44o 0’ 47.48” N 69o 32’ 31.28” W then 103.06 feet at 88.87o True to
10 44o 0’ 47.50” N 69o 32’ 29.87” W then 142.56 feet at 91.63o True to
11 44o 0’ 47.46” N 69o 32’ 27.92” W then 91.54 feet at 64.44o True to
12 44o 0’ 47.85” N 69o 32’ 26.79” W then 190.60 feet at 24.7 True to
13 44o 0’ 49.56” N 69o 32’ 25.70” W then 222.99 feet at 96.78o True to
14 44o 0’ 49.30” N 69o 32’ 22.67” W then 890.62 feet at 222.35o True to
15 44o 0’ 42.80” N 69o 32’ 30.88” W then 925.42 feet at 290.9 True to 1.
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
(orthoCentralCoast2003and2005).
Feature Distance
Corner 1 to nearest point, western shoreline of the Damariscotta River (MLW) ~885 feet to the west
Corner 1 to red nun “20” (NOAA Chart) ~580 feet to the southwest
Corner 2 to nearest point, Goose Ledges (MLW) ~155 feet to the west
Corner 5 to nearest point, Hog Island (MLW) ~45 feet to the east
Boundary 5-6 to nearest point, Hog Island (MLW) ~0 feet
Boundary 6-7 to nearest point, Hog Island (MLW) ~0 feet
Boundary 7-8 to nearest point, Hog Island (MLW) ~0 feet
Corner 9 to nearest point, Hog Island (MLW) ~25 feet to the north
Corner 10 to nearest point, Hog Island (MLW) ~28 feet to the north
Corner 12 to nearest point, Hog Island (MLW) ~25 feet to the north
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 8 JULY 26, 2019
Corner 13 to nearest point, Hog Island (MLW) ~25 feet to the west
Corner 14 to nearest point, eastern shoreline of the Damariscotta River (MLW,
NOAA Chart) ~25 feet to the east
Corner 15 to mudflats east of the proposal (MLW, NOAA Chart) ~605 feet to the northeast
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
On April 18, 2019, a dock was observed on the southern shoreline of Hog Island; a hauled-out
float was also observed. Geo-referenced aerial photographs show that this dock extends into
the proposed lease area when the ramp and float are attached (Figure 4). Except during the time
when Black Stone Point Oysters LLC would be actively working on the site, the proposal is
unlikely to prevent access to, or use of, this dock because the surrounding area is proposed to
be free of gear.
Approximately 1.95 acres of the proposed lease are intended for the suspended culture of
shellfish. Due to its proximity to the western shoreline of Hog Island, it is likely that the
proposed suspended gear could prevent shoreline access in this area (Figure 2). However, it
appears that the applicant intends to maintain a 50-foot clearing that would be free of gear4,
which would allow a channel for riparian owners to access Hog Island’s western shoreline.
Furthermore, the owner of Hog Island provided permission for the applicant to “operate on and
around its property” and therefore does not appear to have concerns regarding the proposal.5
A dock was also observed to the northeast of the proposed lease site on the Damariscotta
shoreline. According to geo-referenced aerial photographs, this dock is located approximately
350 feet to the north of the proposed lease site (Figure 4). No gear is proposed on the eastern
half of the proposed lease; except during times when Black Stone Point Oysters LLC would be
actively working on the site, it is unlikely that access to this dock, or the shoreline on which it
is located, would be hindered by the proposal.
4 App, page 16 5 App, page 30
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 9 JULY 26, 2019
Figure 4: Docks near the proposed lease site.6
(2) Navigation
The Damariscotta River is used by both recreational and commercial mariners. The main
channel of the river is located to the west of the proposed lease. Red nun “20”, which marks
the eastern side of the channel, is located approximately 580 feet to the southwest of the
proposal. Additionally, Goose Ledge is located between the proposal and the main channel,
thus discouraging most mariners from navigating east from the channel into the proposal.
Therefore, it is unlikely that vessels navigating in the main channel of the Damariscotta River
would be impeded by the proposed activities.
The majority of the proposed lease area would be free of gear, and due to this, navigation
would remain unobstructed throughout, with the exception of times when work is being
conducted on the lease site. Suspended gear is proposed within a ~1.95-acre area that sits
parallel to the western Hog Island shoreline. Approximately 425 feet are located between this
area and Goose Ledge, to the west. This distance provides adequate room for boaters to operate
between the suspended gear and Goose Ledge. The area proposed for suspended gear appears
to overlap with the mean low water line on the western shore of Hog Island and therefore
6 This figure was created geo-referenced aerial photographs provided by The Maine Office of GIS
(imageryBaseMapsEarthCover\orthoNaip2015ImgSvc).
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 10 JULY 26, 2019
would likely prevent boaters from navigating between the lease and the Hog Island shoreline at
low water.
(3) Fishing
During MDMR’s site assessment on April 18, 2019, no commercial or recreational fishing
activities were observed within or in the immediate vicinity of the proposed lease site. Clams
(Mya arenaria) and oysters (C. virginica) are harvested from the extensive tidally exposed
mudflats and ledges in the general vicinity of the proposal. Although the proposed lease does
appear to overlap with small, rocky sections of the Hog Island intertidal zone, the proposed
lease is does not overlap with the mudflats located on either shoreline of the Damariscotta
River and therefore would not impede commercial and recreational harvesters from utilizing
these areas.
Recreational fishing is also known occur to in the area from both boat and shore. Except during
the time when Black Stone Point Oysters LLC would be actively working on the site, the
proposal is unlikely to hinder recreational fishing in the area; the majority of the lease site, if
granted, will be free of gear.
(4) Other Aquaculture Uses
Seven active aquaculture leases and four Limited Purpose Aquaculture (LPA) licenses are
located within 1,000 feet of the proposed lease site (Figure 5 & Table 4). Additional leases and
LPAs are located both upstream and downstream of the proposed lease in the Damariscotta
River.
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 11 JULY 26, 2019
Figure 5: Active aquaculture leases and licenses near the proposed lease.
Table 4: Active aquaculture leases and licenses within 1,000 feet of the proposed lease
Lease/License
Acronym
Lease/License
Holder Acreage Purpose
Distance from
Proposed Lease
DAM HI Dodge Cove
Marine Farm, LLC 2.00
Suspended and Bottom
Culture of Shellfish 144 ft
DAM HI3 Muscongus Bay
Aquaculture, Inc 7.00
Suspended and Bottom
Culture of Shellfish 200 ft
DAM HI5 Dodge Cove
Marine Farm, LLC 3.55 Bottom Culture of Shellfish 268 ft
DAM GL3 Pemaquid Oyster
Company, Inc 10.17 Bottom Culture of Shellfish 305 ft
DAM GL4 Pemaquid Oyster
Company, Inc 8.02 Bottom Culture of Shellfish 328 ft
DAM HI2 Dodge Cove
Marine Farm, LLC 6.95 Bottom Culture of Shellfish 425 ft
CDIC417 Christopher
Dickinson LPA
Suspended Culture of
Shellfish 517 ft
CDIC317 Christopher
Dickinson LPA
Suspended Culture of
Shellfish 603 ft
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 12 JULY 26, 2019
CDIC117 Christopher
Dickinson LPA
Suspended Culture of
Shellfish 618 ft
CDIC217 Christopher
Dickinson LPA
Suspended Culture of
Shellfish 622 ft
DAM GL2 Pemaquid Oyster
Company, Inc
0.91
ONE
TRACT
Suspended Culture of
Shellfish 830 ft
(5) Existing System Support
On April 18, 2019, MDMR staff conducted a SCUBA transect of the proposed lease site to
assess the epibenthic ecology of the area (Figure 2). The bottom of the proposed lease is
varied, containing sections of soft mud and cobble (Figure 3). MDMR divers observed soft
mud sediment to the south of Hog Island; green crabs and benthic microalgae were the
dominant species observed on this sediment type. Firmer sediment, comprised of cobble and
shell hash7, was observed within a deeper channel that is located to the west of the proposed
lease. Macro flora and fauna diversity increased in this area, and clam holes were observed in
the banks of the channel. As MDMR divers approached Corner 2 of the proposed lease a soft
mud sediment was observed and depths decreased.
Epibenthic macro flora and fauna observed during the dive transect are described in Table 5.
Due to a digital recording error, no underwater video was retained from the dive, and therefore
Table 5 is not an exhaustive list of the species observed.
Table 5: Species observed during dive transect on April 18, 2019.
Species Observed
Rockweed (Fucus sp)
Sugar kelp (Saccharina latissima)
Smooth chord weed (Chorda filum)
Green crab (Carcinus maenas)
Mud shrimp (Crangon septemspinosa)
Hermit crabs (Pagurus sp)
Filamentous red algae
Benthic microalgae
American oyster (Crassostrea virginica)
Moon snail (Euspira heros)
Northern quahog (Mercenaria mercenaria)
Sponge species (Phylum Porifera)
Horseshoe crabs (Limulus polyphemus)
Eelgrass (Zostera marina)
Historical records of eelgrass beds, collected by MDMR in 1994 and 2005 indicate eelgrass
presence in the southeast corner of the proposed lease site (Figure 5). No eelgrass was
observed during MDMR’s underwater site assessment on April 18, 2019 (Figure 2).
7 Appeared to be composed of razor clam (Ensis directus), soft shell clam (Mya arenaria), and hard clam (Mercenaria
mercenaria) shells
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 13 JULY 26, 2019
Figure 6: Historical records of eelgrass (Z. marina)8 in
the vicinity of the proposed lease site.
Wildlife
During MDMR’s site review on April 18, 2019, a bald eagle (Haliaeetus leucocephalus) was
observed carrying sticks, presumably for nest building, near the proposed lease.
According to GIS (Geographic Information System) data maintained by MDIF&W and available
through the Maine Office of GIS, the proposed lease is located within the 1/4-mile buffer associated
with bald eagle nests in Maine (Figure 7). Additionally, the proposed lease overlaps with Tidal
Wading Bird and Waterfowl Habitat (Figure 7). This habitat is defined under Maine's Natural
Resources Protection Act (NRPA) as Significant Wildlife Habitat.
In an email dated May 1, 2019, Becca Settele, a Wildlife Biologist for MDIF&W, stated “minimal
impacts to wildlife are anticipated for this project”.
8 Data obtained from Maine Department of Marine Resources Open Data “MaineDMR – Eelgrass 2010” and “Maine DMR
– Eelgrass 1997”.
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 14 JULY 26, 2019
Figure 7: Tidal Wading Bird and Waterfowl Habitat9 and
Endangered, Threatened, or Species of Special Concern
Habitat10, near the proposed lease site.
(6) Interference with Public Facilities
Goose Ledges, located approximately 130 feet to the west of the proposed lease site at mean
low water is classified as a “Coastal Island” and managed by MDIF&W (Figure 8). In an email
dated May 1, 2019, Becca Settele, a Wildlife Biologist for MDIF&W, stated “minimal impacts to
wildlife are anticipated for this project”. The proposed lease is not within 1,000 feet of any other
beach, park, docking facility, or conserved lands owned by federal, state, or municipal
governments.
9 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Twwh” 10 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.ETSC”
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 15 JULY 26, 2019
Figure 8: Public facilities near the proposed lease site.11
(7) Water Quality
The proposed lease area is currently classified as “Open/Approved” by the Maine DMR
Bureau of Public Health for the harvest of shellfish.
(8) Lighting
According to the application, lights will not be used on the proposed lease.
(9) Noise
Two skiffs, with lengths of 16 and 21 feet, and powered by a 40 horsepower 4-stroke engine
and a 115 horsepower 2-stroke engine, respectively, would be used to access the proposed
lease site.12 A wash-down pump with an integrated muffler for noise mitigation is also
proposed for the lease site.
11 Data obtained from SDE Feature Class sourced from The Maine Office of GIS
“GISVIEW.MECONSLANDS.Conserved_Lands” 12 App, page 6
BLACK STONE POINT OYSTERS LLC (DAMARISCOTTA RIVER) PAGE 16 JULY 26, 2019
(10) Visual Impact
The applicant proposes the use of wire cages with submersible plastic floats, plastic mesh
floating bags, and wire mesh bottom cages. The applicant also requests to install a 12’ x 16’
raft to sorting and grading oysters, drying gear, and housing wet storage bins. A 10-foot-tall
tent structure is proposed to sit atop the raft. This on-site support structure would sit
approximately 12.5 feet above the water line. The proposed gear and structures comply with
the MDMR’s height limitations.