6/14/2012 CONSERVATION COMMISSION Minutes

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Motion made, seconded and unanimously carried for a Negative Determination 7:03 Nathan Brunell (57 Duckblind Road) Remove two dead trees on property - RDA Resource Area: Buffer Zone to Pond Front(Bordering Land Subject to Flooding) Material submitted. Brunell Residence 5123112 Owner (11:21) Mr. Brunel] explains that he has two dead trees damaged by beetles that he would like to remove them. Agent McManus confirms that the trees are dead and present a hazard. Motion made, seconded and unanimously carried for a Negative Determination 7:06 Town of Mashpee **043-2698**(Great Neck Road North) Construct 2.2 miles of new sidewalk on the north/west side of road and upgrade stormwater facilities at six locations— NOI **Cont'd to June 28th @ 7.00pm** Resource Area: Material submitted: 12:52j Continued per request of the Applicant. Motion made, seconded and unanimously carried to continue to June 28, 2012 at 7:00pm 7:09 Richard Cook **043-2692**(Popponesset Bay) Create and operate an aquaculture project with maintenance in perpetuity- NOI "Continued from May 24, 2012*" Resource Area: Land Under Ocean, Tidal Flats, V-zone Material submitted: Plan Showing Area of Shellfish Grant 2128112 Coastal Engineering Co. 13:411 Don Monroe from Coastal Engineering is presenting for Mr. Cook and states that the Division of Marine Fisheries has rendered an opinion and are in favor of the project. Natural Heritage has commented that it will not affect any endangered species. Responses were submitted to LEC's letter regarding the anchoring system for the shellfish bags. Mr. Monroe continues to say that Mr. Cook submitted a revised narrative that includes the description of operations for the grant area and he says that at this time, they really only need to address two resource areas; one being land under the ocean and land containing shellfish. Mr. Monroe feels that through the narrative they provided, they have met those performance standards. Agent McManus confirms that the performance standards for land under ocean have been met. Division of Marine Fisheries has deemed that the area does not have the requisite number of shellfish to consider it as land containing shellfish. The agent also states that it meets the performance standards for coastal beach, barrier beach and tidal flats. Mr. Gurnee asks about the depths of the anchored bags and his understanding was that the bags will be below water at all times. He feels that the bags should not show above water at any time. Mr. Monroe states that there is at least 1 .1'— 1.3' at the lowest tide and the other corners of the grant area have 2' —2.7' where there will be at least 6" of cover during low tide as the bags will not be doubled in those areas. In deeper areas where the bags will be doubled, there will be at least l' of water cover. Agent McManus states that they can address that concern in the Order of Conditions but would like to say that it is in the applicant's best interest to keep the bags under water at all times as any other condition would be detrimental to the operation. Mr. Gurnee asks what the procedure is for the bags in the winter and Mr. Monroe states that they have designed the system so that it withstands any force of up to 2000 lbs per square foot. He states that there have been issues brought up regarding ice flow and Mr. Cook has indicated that the bags in smaller areas (under the 2' contour) will be moved to deeper waters and will alleviate any concerns about ice flow. Mr. Gurnee asks if this could be written into the Order of Conditions also. Mr. Cook agrees that the shallow area could be problematic in the winter so he would move the bags to the deepest section to protect the oysters through the winter. 4