Juvenile Atlantic cod HAPC Ecological basis for designation Rocky habitats are critical habitat types for multiple managed fish species, including juvenile Atlantic cod. Rocky habitats are considered the most structurally complex habitats in the northwest Atlantic because they are inherently three-dimensional, providing both height in the water column and crevices between rocks. Rocky habitats include pebble-gravel, cobble, boulder, and ledge substrate types, and are typically found in environments subject to high-energy wave or water currents. Rocky habitats vary in composition from pebble-gravel pavements, to scattered cobbles and boulders, to rocky reefs composed of large piled boulders. The complexity of rocky habitats provide a number of ecosystem functions for fish and invertebrate species. The three-dimensional characteristic of rocky habitats alters water flows creating areas of both increased water flow, and low-energy “pockets” within these otherwise high-energy environments. This flow alteration allows for increased prey delivery in high-energy flow areas while also creating flow refuge areas and allowing for deposition and accumulation of finer-grained sediments within the lowenergy “pockets.” Further, the vertical feature of rocky habitats also provides increased surface area for macroalgae and benthic invertebrate colonization that provide additional structural complexity and increased forage habitat. The structural complexity of rocky habitats, inclusive of both the geological and biological features, provides critical refuge from predation and shelter for multiple species. Rocky habitat communities are dominated by attached, sessile invertebrates and/or macroalgae in nearshore environments, with infaunal invertebrate species being limited to finer-grained “pockets” and spans between scattered cobbles and boulders or patchy pebble-gravel habitat. While it may appear logical that rocky habitats would be less vulnerable to disturbances because they are composed of “hard” substrate types with benthic communities adapted to high energy environments, they are in fact highly vulnerable to disturbances and alterations. To highlight the importance these habitats for juvenile Atlantic cod, in particular, the New England Fishery Management Council has designated a “Habitat Area of Particular Concern” (HACP) along the coast of New England, from Maine through Rhode Island, extending from the mean high water line to a depth of 20 meters. The HAPC is, by definition, a subset of the Councils new juvenile Atlantic cod EFH designation that includes not only rocky habitats, but also submerged aquatic vegetation (SAV), and sandy habitats adjacent to rocky and SAV habitats for foraging. The Councils rationale for designating the juvenile Atlantic cod HAPC notes that these habitat types are not “rare” in the Gulf of Maine, but determined these inshore areas were in need of recognition and focused conservation efforts due to: 1) their critical role in providing juvenile Atlantic cod refuge from predation and forage habitat for young of the year (YOY) and age-1 juvenile Atlantic cod; 2) their sensitivity to current and future human stressors and development; and 3) their critical role for multiple other managed fish species. Juvenile Atlantic cod EFH text description: Juveniles: Intertidal and sub-tidal benthic habitats in the Gulf of Maine, southern New England, and on Georges Bank, to a maximum depth of 120 meters, including high salinity zones in bays and estuaries in the Gulf of Maine. Structurally-complex habitats, including eelgrass, mixed sand and gravel, and rocky habitats (gravel pavements, cobble, and boulder) with and without attached macroalgae and emergent epifauna, are essential habitats for juvenile cod. In inshore waters, young-of-the-year juveniles prefer gravel and cobble habitats and eelgrass beds after settlement, but in the absence of predators also utilize adjacent un-vegetated sandy habitats for feeding. Survival rates for young-of-the-year cod are higher in more structured rocky habitats than in flat sand or eelgrass; growth rates are higher in eelgrass. Older juveniles move into deeper water and are associated with gravel, cobble, and boulder habitats, particularly those with attached organisms. Gravel is a preferred substrate for young-of-the-year juveniles on Georges Bank and they have also been observed along the small boulders and cobble margins of rocky reefs in the Gulf of Maine. Applicability of juvenile Atlantic cod HAPC Although the nearshore juvenile Atlantic cod HAPC would appear to include a vast portion of the nearshore habitats throughout its range, the EFH text description for juvenile Atlantic cod and the intent to protect young of the year juveniles, with some overlap of Age-1 juveniles, limits its application along much of the designated inshore area. As described in the EFH text description, YOY cod experience the highest survivorship in the most complex habitats, with higher growth rates in eelgrass, and exhibit a preference for gravel, cobble, and eelgrass habitats. Juvenile Atlantic cod utilize shelter habitats corresponding to their size. Young of the year cod are typically only a few centimeters at settlement and generally less than 15 cm in total length by the end of the growing season. Without additional structural complexity provided by attached invertebrates or macroalgae, large scattered cobbles or boulders would not likely provide the appropriate level of complexity for YOY Atlantic cod. Similarly, areas of rip-rap fill would not typically provide the structural complexity necessary to be considered as part of the juvenile Atlantic cod HAPC. Alterations and disturbances in juvenile Atlantic cod HAPC Alterations and disturbances in habitats consistent with the juvenile Atlantic cod HAPC may result in a loss of the physical and/or biological components of the habitat. For example, in rocky habitats composed of piled cobbles and boulders, direct disturbance of the substrate may level the rocks resulting in a loss of structural complexity. Activities that cause sedimentation, turbidity, shading, water quality degradation, or directly contact rocky substrate may adversely affect these habitats through a loss of physical and biological components. Disturbances that create acute sedimentation can smother the attached organisms and fill crevices between rocks adversely affecting the properties of the habitat that are critical for juvenile Atlantic cod. Activities that create turbidity, shading, and/or degrade water quality may adversely affect attached organisms resulting in a loss of important biogenic structure. Direct disturbance of the rocky substrate may scrape off attached fauna and macroalgae from the rock surface, or roll rocks burying attached organisms in the bottom sediments. Recovery of biological components in rocky habitats is slow, typically on the order of decades or more. Disturbances and alterations that may result in a loss of biogenic features within the juvenile cod HAPC s should be fully considered and evaluated. Determining extent of rocky habitats within action area Working definition Natural rocky habitats are intertidal and subtidal substrates composed of pebble-gravel, cobble, boulder, or rock ledge and outcrops. Manufactured stone (e.g. cut or engineered rip-rap) is not considered a natural rocky habitat. Natural rocky habitats are either found as pavement (consolidated pebble-gravel, cobble, or boulder areas) or as a mixture with fines (i.e. clay and sand) and other substrates. Rocky habitats as EFH are defined as follows: 1) All pebble-gravel, cobble or boulder pavements 2) Pebble-gravel mixed with fines: Mixed substrate of pebble-gravel and fines where pebble-gravel is an evident component of the substrate (either through visual observation or within sediment samples). Sediment samples with a content of 10% or more of pebble-gravel in the top layer (6- 12 inches) should be delineated. 3) Scattered cobble, Scattered boulder, Scattered cobble/boulder: Mixed substrate of cobble and/or boulder and other substrates. The aerial extent of cobbles and/or boulders should be delineated. 4) All rock ledge/outcrops: Area should be delineated along the edge of the ledge/outcrop. Applicability of Juvenile Atlantic cod HAPC: In order to determine if a rocky habitat is consistent with the juvenile Atlantic cod HAPC, natural rocky habitats should be defined and delineated as described above. In addition, the presence or absence of attached epifauna and macroalgae is also necessary. Eelgrass habitats should be delineated throughout the project area. Photographic examples H:\Habitat Conservation\Army Corps Of Engineers\Corps Regulatory Division\MA Regulatory\Sandwich\Town Beach Nourishment Project\sandwich 9.16.14 site visit photos\IMG_6744.JPG Pebble-gravel pavement (left) and cobble/boulder pavement with macroalgae (right). H:\Habitat Conservation\Army Corps Of Engineers\Corps Regulatory Division\MA Regulatory\Sandwich\Town Beach Nourishment Project\sandwich 9.16.14 site visit photos\IMG_6741.JPG Cobble/boulder pavement (not including groin). H:\Habitat Conservation\Army Corps Of Engineers\Corps Regulatory Division\MA Regulatory\Sandwich\Town Beach Nourishment Project\sandwich 9.16.14 site visit photos\IMG_6725.JPG Cobble/boulder pavement (borderline “scattered”). H:\Habitat Conservation\Army Corps Of Engineers\Corps Regulatory Division\MA Regulatory\Sandwich\Town Beach Nourishment Project\sandwich 9.16.14 site visit photos\IMG_6727.JPG “Scattered” cobble/boulders. H:\Habitat Conservation\Army Corps Of Engineers\Corps Regulatory Division\MA Regulatory\Sandwich\Town Beach Nourishment Project\sandwich 9.16.14 site visit photos\IMG_6750.JPG Pebble-gravel pavement (bottom), “scattered” area of cobble/boulder left, sand and patches of pebblegravel (top). H:\Habitat Conservation\Essential Fish Habitat\Fishery Mgmt Actions\Councils\NEFMC\New Omnibus EFH\GSC Clam Image Analysis\GSC N 2006 images\002ST_1Q_GSC_N_06_D1.jpg Pebble-gravel pavement. H:\Habitat Conservation\Essential Fish Habitat\Fishery Mgmt Actions\Councils\NEFMC\New Omnibus EFH\GSC Clam Image Analysis\GSC N 2006 images\012ST_4Q_GSC_N_06_D1dot.jpg “Scattered” boulders/cobble, but underlying pebble-gravel pavement. H:\Habitat Conservation\Essential Fish Habitat\Fishery Mgmt Actions\Councils\NEFMC\New Omnibus EFH\GSC Clam Image Analysis\GSC N 2006 images\057ST_3Q_GSC_N_06_D1dot.jpg “Scattered” boulders, but underlying pebble-gravel pavement. H:\Habitat Conservation\Essential Fish Habitat\Fishery Mgmt Actions\Councils\NEFMC\New Omnibus EFH\GSC Clam Image Analysis\GSC N 2006 images\012ST_2Q_GSC_N_06_D1dot.jpg “Scattered” boulders/cobble and pebble-gravel patches. H:\Habitat Conservation\Essential Fish Habitat\Fishery Mgmt Actions\Councils\NEFMC\New Omnibus EFH\GSC Clam Image Analysis\GSC N 2006 images\006ST_2Q_GSC_N_06_D1.jpg Patch of pebble-gravel pavement (middle band), mixed gravel right-top and left-bottom, define as pavement unless sampling determines less than 10% pebble-gravel content. H:\Habitat Conservation\Essential Fish Habitat\Fishery Mgmt Actions\Councils\NEFMC\New Omnibus EFH\GSC Clam Image Analysis\GSC N 2006 images\009ST_2Q_GSC_N_06_D1.jpg Pebble-gravel and cobble pavement area. H:\Habitat Conservation\Essential Fish Habitat\Fishery Mgmt Actions\Councils\NEFMC\New Omnibus EFH\GSC Clam Image Analysis\GSC N 2006 images\007ST_3Q_GSC_N_06_D1.jpg Define as sand, low percent pebble-gravel content. Essential Fish Habitat (EFH) Determination Sheet Applicant: SHM Rockland, LLC c/o William Morong Corps File Number: NAE-2021-01934 Corps Project Manager: Stukas USFWS Grant Number: F19Ap00378 USFWS Project Manager: Perry Project Location: Below MHW and HTL of Rockland Harbor off Ocean St. in Rockland, Maine. Project Description: Dredge by mechanical means approximately 12,520 cubic yards of silt and sand from a 138,000 s.f. area to a depth of -6 to -13’ mlw in Rockland Harbor at Rockland, Maine in order to improve and restore access to an existing marina. The dredging is both maintenance and improvement dredging. The dredged material will be disposed in an upland, non-wetland site. In addition, maintain and upgrade the facility’s existing floats to include in kind repairs and replacements, resetting concrete footings, and installing additional float systems. ESSENTIAL FISH HABITAT (EFH): EFH Present: Yes, adverse effect(s), ind. consultation required (abbreviated) EFH Determination: ACTIVITY 1. REPAIR, REPLACEMENT AND MAINTENANCE Activities that require individual consultation: 1. Impacts >100 SF of tidal SAV or natural rocky habitats. N/A. No impacts to tidal SAV or natural rocky habitats. No natural rocky habitat is present on site. The rocks along the seawall is existing riprap; Corps File No. NAE-2000-02618, authorized placement of approximately 7600 sf. of rip rap along 750LF of seawall. The Corps authorized the repair of the existing jetty and the placement of rip rap at the base (NAE-2000-02133). 2. Impacts >1000 SF of tidal SAS or intertidal areas. N/A. Impacts are less than 1000SF of tidal SAS or intertidal areas at 116sf. 3. All expansions >1/2 acre. N/A. All expansions are less than ½ ac. 4. Replacement or maintenance of: a) sloped stabilization structures >200 LF and waterward of the existing toe, or b) vertical structures >18 inches waterward of the existing face and >200 LF. N/A. 5. Dam and flood control or levee repairs that will alter water levels or flood elevations. N/A. 6. Controls in streams that exceed the widths in #6 below or don’t provide downstream passage. N/A. 7. Discharges of more than de minimum quantities of accumulated bottom sediments from or through a dam. N/A. 8. All work to tide gates without a Corps-approved operation and maintenance plan or alterations to tide gates that will affect the hydraulic regime. N/A. Conservation recommendations for all other activities not identified above: 1. Require an SAV survey for activities within mapped or adjacent to known tidal SAV if a survey has not been conducted in 3 years in accordance with SAV Survey Guidance. Tidal SAV at the project site should be identified in the field prior to the start of work and equipment should not anchor or impact SAV. A field survey conducted on June 18, 2021 at low tide and no tidal SAV nor saltmarsh was present in the footprint of project area. 2. No impacts to tidal SAS. No impacts to tidal SAS. The work involves resetting concrete footing within existing rip rap. 3. Work should not produce sedimentation in tidal SAS or natural rocky habitats. This may be achieved using setbacks of 100 feet from tidal SAV or 25 feet from tidal SAS or natural rocky habitats. Work is above MLW and MHW will occur in-the-dry, as such, no greater than minimal turbidity or sedimentation is not expected it will be very minor and shortterm. The following special condition will be incorpated into the permit: “All in-water work shall be conducted between November 8- March 15th work window in any given year. No in-water work (dredging or pile driving) is authorized to be conducted between March 16th to November 7th in order to minimize impacts to federally listed species and Essential Fish Habitat.” 4. The TOY restriction in App. B should be required for work that produces greater than minimal turbidity or sedimentation in diadromous streams or tidal waters. Work is above MLW and MHW will occur in-the-dry, as such, no greater than minimal turbidity or sedimentation is not expected it will be very minor and shortterm. The following special condition will be incorpated into the permit: “All in-water work shall be conducted between November 8- March 15th work window in any given year. No in-water work (dredging or pile driving) is authorized to be conducted between March 16th to November 7th in order to minimize impacts to federally listed species and Essential Fish Habitat.” 5. Appropriate soil erosion, sediment and turbidity controls should be used and maintained in effective operating condition during construction. Activities capable of producing greater than minimal turbidity or sedimentation should be done during periods of low-flow or no flow, when the stream or tide is waterward of the work, or when controls are used to obtain dry work conditions. Work that produces greater than minimal turbidity or sedimentation should not be done during the TOY restriction(s) in App. B. Work is above MLW and MHW will occur in-the-dry, as such, no greater than minimal turbidity or sedimentation is not expected it will be very minor and shortterm. The following special condition will be incorpated into the permit: “All in-water work shall be conducted between November 8- March 15th work window in any given year. No in-water work (dredging or pile driving) is authorized to be conducted between March 16th to November 7th in order to minimize impacts to federally listed species and Essential Fish Habitat.” 6. Controls in streams should be installed and removed during the same TOY work window when practicable. Controls (e.g., cofferdams) should not encroach: i) >25% from OHW in diadromous streams during the TOY restriction in App. B; or ii) >25% from MHW in tidal waters during the TOY restrictions for shellfish and w.flounder in App B); or iii) >50% from MHW in tidal waters during the TOY windows for shellfish and w.flounder in App B. This is to protect upstream fish passage. Maintain downstream fish passage throughout the project. Controls should be removed upon completion of work, but not until all exposed soil and other fills, as well as any work waterward of OHW or the HTL, are permanently stabilized. Sediment and debris collected by these devices should be removed and placed at an upland location in a manner that will prevent its later erosion into a waterway or wetland. NA; no streams in the footprint of the project or in the immediate vicinity. 7. For replacement or maintenance of sloped stabilization structures, stabilization materials such as riprap should not extend waterward of the existing toe of slope. Replaced vertical structures should be located within the existing footprint where possible, but limited to the area within 18 inches of existing structures. N/A; no replacement or maintenance of sloped stabilization structures are purposed for the project. 8. Compensatory mitigation should be provided for impacts to tidal SAS, intertidal areas, or natural rocky habitats. There is no impacts to tidal SAS, intertidal area or, natural rocky habitiats. The work involves resetting concrete footing within existing rip rap. USFWS and the Corps has determined that impacts associated with the project are minimal, therefore determined that no compensation mitigation is warranted and/or required. ACTIVITY 3 – PILE-SUPPORTED STRUCTURES, FLOATS AND LIFTS Activities that required individual consultation: 1. Structures (piers, ramps floats, etc.) in tidal SAV or 150 LF over salt marsh waterward of MHW. N/A. SAV nor salt marsh is not present within the footprint of the project. 2. New public, community, government, or commercial boating facilities: or expansions of existing facilities within intertidal or tidal SAV. N/A. The expansion of the facility is subtidal and no tidal SAV is present in the footprint of the project Conservation Recommendations for all other activities not identified above. 1. The lower most parts of the floats should be >18 inches above the substrate at all times. The lower most of part of the float will be elevated a minimum of 6 ft. above the substrate at all tides. 2. Structures shall have 1:1 height/width ration over salt marsh. No salt marsh is present in the footprint of the pier. 3. Docks, piers, ramps or floats are not located within 25 feet of tidal SAV. No SAV present in the footprint of the project or in the immediate vicinity. 4. Compensatory mitigation should be provided for impacts to tidal SAS. USFWS and the Corps has determined that impacts associated with the project are minimal, therefore determined that no compensation mitigation is warranted and/or required. ACTIVITY 5. DREDGING, DISPOSAL OF DREDGED MATERIAL, BEACH NOURISHMENT Activities that require individual consultation: 1. Impacts to >100 SF of tidal SAV or natural rocky habitats. N/A. No impacts to tidal SAV or natural rocky habitats. No natural rocky habitat is present on site. The rocks along the seawall is existing riprap; Corps File No. NAE-2000-02618, authorized placement of approximately 7600 sf. of rip rap along 750LF of seawall. The Corps authorized the repair of the existing jetty and the placement of rip rap at the base (NAE-2000-02133). 2. Impacts to >1000 SF of tidal SAS, intertidal areas, or areas containing shellfish. N/A. No impacts to tidal SAS, intertidal areas, or areas containing shellfish. 3. New dredge activities. The Corps authorized dredging within area (54,500 sf.) which include both west and east of jetty (Corps File No. NAE-2000-02133). The file indicated that the possibility that dredging at that time was maintenance. This history would suggest that dredge could be maintenance rather than new, however, the applicant states it is new dredging. 4. Nearshore disposal or beach nourishment material is inconsistent with the grain-size or type (e.g., sand over cobble) of the existing substrate. N/A. Upland disposal. 5. Nearshore disposal or beach nourishment activities within: 1) 100 feet of tidal SAV; or 2) 25 feet of other tidal SAS, natural rocky habitats or areas containing shellfish. N/A. Upland disposal. 6. New dredging to facilitate residential projects including docks or moorings, and new dredging conducted for the sole purpose of beach nourishment. N/A. Upland disposal. Conservation recommendations for all other activities not identified above: 1. Require an SAV survey for activities within mapped or adjacent to known tidal SAV if a survey has not been conducted in 3 years in accordance with SAV Survey Guidance. Tidal SAV at the project site should be identified in the field prior to the start of work and equipment should not anchor or impact SAV. A field survey conducted on June 18, 2021 at low tide and no tidal SAV nor saltmarsh was present in the footprint of project area. 2. No dredging or disposal should be performed within the TOY restrictions stated in App. B. The following special condition will be incorpated into the permit: “All in-water work shall be conducted between November 8- March 15th work window in any given year. No in-water work (dredging or pile driving) is authorized to be conducted between March 16th to November 7th in order to minimize impacts to federally listed species and Essential Fish Habitat.” 3. No nearshore disposal or beach nourishment activities within: a) 100 feet of tidal SAV; or b) 25 feet of other tidal SAS, natural rocky habitats or areas containing shellfish. N/A. Upland disposal. 4. No dredging should produce sedimentation in tidal SAS, natural rocky habitats or areas containing shellfish. This may be achieved using setbacks of 100 feet from tidal SAV or 25 feet from tidal SAS or natural rocky habitats. No sedimentation will be produce in tidal SAS, natural rocky habitats or areas containing shellfish. Turbidity barriers will be used during dredging operations. 5. Rocks should be relocated to an area of equivalent depth and substrate type. The dredge material is fine sediments over glacial till; however could be some boulder and cobble mixed with fine sediment on the east side of the jetty. The Corps authorized the repair of the existing jetty and the placement of rip rap at the base (NAE-2000- 02133). NAE-2000-02133 also authorized dredging within area (54,500 sf.) which include both west and east of jetty and the dredge material was slit and clay. This history suggest that the boulder and cobble mixed with fine sediment may not be natural rocky habitat but shifted rip rap. 6. Dredged materials should be deposited and retained in an upland area to prevent sediments from reentering aquatic habitats; unless they are disposed of at either a U.S. EPA/Corps designated disposal site or a CAD cell. Prior to dredging, jersey barriers and silt fencing shall be erected around the perimeter of the dredged material dewatering area. Dewatered material will then be loaded onto trucks and delivered to an existing gravel pit (approximately 12 miles away) for final placement and grading in accordance with MDEP’s Beneficial Use of Dredge Material permit (S-022546-W3-A-N). 7. Compensatory mitigation should be provided for impacts to tidal SAS, intertidal areas, natural rocky habitats, and areas containing shellfish. Compensatory mitigation should generally not be provided for: a) new or maintenance dredging in areas without these resources; or b) maintenance dredging in areas with these resources if compensatory mitigation was provided in the past. USFWS and the Corps has determined that impacts associated with the project are minimal, therefore determined that no compensation mitigation is warranted and/or required.