Skip Navigation
This table is used for column layout.
Herring River Restoration Committee MInutes 09/16/10
Herring River Restoration Committee (HRRC)
Cape Cod National Seashore Headquarters
Wellfleet, MA
September 16, 2010
11:00 am-5:00 pm


Members Present: Tim Smith, Eric Derleth, Charleen Greenhalgh, Hunt Durey, Hillary Greenberg, Steve Spear

Members Absent:  Steve Block, Gary Joseph

Others Present:  Margo Fenn, Tara Nye, Shelley Hall, Don Palladino. John Portnoy, Larry Martin

Administration/Coordination:

Communications/Coordination with the Friends of Herring River: Don Palladino reported on the activities of the Friends. They are working on a video project to educate the public about the value of salt marshes, using the history of the Herring River as an example. John Portnoy is helping to develop the content of the video. Don noted that the Friends would meet with videographer Rachel Smith on September 17, 2010 to discuss the project. He requested assistance from HRRC members in identifying potential funding sources for this project.

Wellfleet Harbor Conference: HRRC is scheduled for a 30-minute presentation at the Harbor Conference. Tim Smith will plan a presentation based on the hydrodynamic modeling work to date.  Don Palladino suggested printing more copies of the Alternatives brochure for distribution at the Conference and other upcoming events. John Portnoy suggested enlarging the graphics from the brochure to poster size for the Conference.

Minutes: The Committee voted to approve the revised draft meeting minutes for July 8, 2010 and the draft minutes for August 18, 2010.  Margo Fenn noted that the new Open Meeting Law requires that minutes include a list of all the documents referred to in a meeting.

Next Meetings: The Committee discussed starting its monthly meetings earlier in the day and agreed that for upcoming meetings, meetings will start at 9:30 am and conclude in mid-afternoon. Monthly HRRC meetings are scheduled for:
October 7, 2010
                        November 4, 2010
                        December 2, 2010
The Technical Working Group (TWG) will meet on October 13, 2010.


Informational Updates:

Update on Section 106 Cultural Resources Phase 1A Study: Tim Smith reported that the Public Archaeology Lab (PAL) had provided a brief update memo, indicating that the draft Phase 1A report and maps would be delivered the National Park Service (NPS) by September 30, 2010.  NPS Archaeology staff must review the study before HRRC receives it. The Committee discussed the status of the Area of Potential Effect (APE). Holly Herbster of PAL will attend the October 7, 2010 HRRC meeting.

Update on Woods Hole Group (WHG) Modeling: Tim Smith reported that WHG should have the necessary data to calibrate and validate the model in the next week.  Once they have the information, they can move forward with the next hydrodynamic model runs, evaluating the Project Alternatives for the EIS/EIR. The Committee briefly discussed the benchmarks used in the model.

Tim Smith reviewed the conclusions of the sediment transport presentation that Kirk Bosma gave to the HRRC at its August meeting.  The Committee discussed using the hydrodynamic model to determine locations for erosion and deposition and agreed that this is the logical next step. Tim Smith noted that there are some core samples now available to help determine the likely depth of erosion and accretion. The cost of the sediment study will depend on whether additional data gathering will be necessary.

NRCS Watershed Plan Funding for Project Coordination: A press conference is planned for September 20, 2010 to announce the official launch of the Cape Cod Water Restoration Project.  It is expected that additional funds for the program will be announced that day.  Tim Smith provided an updated list of funding priorities for the Herring River Restoration Project to USDA officials, noting that top priorities would be sediment modeling and the Phase 1B Cultural Resources study.

Steve Spear reported that the Cape Cod Conservation District (CCCD) had accepted the Association to Preserve Cape Cod’s  (APCC) proposal for ongoing Herring River Project Coordination. Steve brought copies of the draft contract between CCCD and APPC.  The Committee briefly discussed the billing process under the new contract and agreed that Tim Smith and Steve Spear would review invoices from APCC prior to payment.  It was the consensus of the Committee that the contract was acceptable.  

The Committee discussed the status of the existing Project Coordination Agreement with the Coastal America Foundation, noting that there is approximately $4,000 left in that fund.  The Committee agreed that these funds should be expended prior to billing against the new contract.  This will require extending the term of the existing agreement between APCC, CAF and HRRC to November 1, 2010.

Chequessett Neck Road Dike:  Chapter 91 Status/Legal Issues: Tim Smith researched the existing Chapter 91 licenses for structures and uses in the Herring River basin. The Chequessett Neck Road dike does not have a license but it was authorized under an act of the state legislature, so a license is not needed. Many of the other private structures (such as docks, bulkheads, and buildings) and public facilities (such as roads and culverts) located in tidelands do not have Chapter 91 licenses. The Chequessett Yacht and Country Club (CYCC) pier and boathouse are licensed but the golf course is not.

The Committee discussed the implications of this research and noted that if the CYCC golf course is to be reconstructed (and filled), it will require a Chapter 91 license.

Update for Truro Selectmen: Charleen Greenhalgh, Tim Smith and Margo Fenn will attend the September 21, 2010 Truro Selectmen’s meeting to update them on the restoration project.

Presentation and Discussion Items:

LBG: Mill Creek Dike Cost Estimates/FEMA Update: The Committee discussed the September 14, 2010 Technical Memo from the Louis Berger Group (LBG) regarding potential dike designs for Mill Creek. The memo includes cost estimates for four different dike designs, ranging from $1,011,444 (for a dike to manage a water surface elevation of 4 feet NAVD) to $2,246,911 (for a dike to manage a water surface elevation of 11.1 feet NAVD) in the lower Herring River. The Committee discussed what effect tidal restoration would have on both ground and surface water elevations in Mill Creek. While groundwater levels are not likely to change significantly, surface water levels in Mill Creek could increase, especially during rainfall events that coincide with high tide. John Portnoy suggested calculating the storage capacity of the lower basin for drainage from Mill Creek. Hillary Greenberg suggested that HRRC map the areas around the estuary that may experience some change in groundwater elevation due to tidal restoration.  Larry Martin noted that while tidal restoration could cause a small change in groundwater elevation (a few inches) in adjacent areas, there is natural variation in groundwater levels of as much as two feet. The Committee may seek Larry Martin’s assistance in designing future hydrodynamic model runs for the Mill Creek and Pole Dike Creek areas.

The Committee also discussed the August 31, 2010 memo from Chris Feeney of LBG regarding the status of FEMA mapping for Wellfleet. FEMA will be initiating a project this fall to re-analyze the coastal flood models in Barnstable County. This will include an evaluation of the existing Chequessett Neck Road dike. The Committee has a number of questions regarding the status of the existing dike and the requirements for modifying it and/or building another dike at Mill Creek. Tim Smith will work with Chris Feeney to set up a meeting with FEMA officials in Boston to explore these questions further.

LBG Golf Course Grading Plan: Tim Smith met with officials from the CYCC in early September to review detailed design and grading plans for the CYCC golf course prepared by LBG and Howard Maurer.  The Committee reviewed the grading plans, noting that the majority of restoration-related filling would take place on the 6th, 7th and 8th holes.  Howard Maurer’s design includes modifications to the whole course, including a new irrigation system. Overall, approximately 100,000 cubic yards of fill would be needed; this amount would be available on-site by excavating the proposed new practice area.

The Committee discussed the status of the existing irrigation system and how to reasonably allocate costs between golf course improvements and restoration project mitigation. The irrigation specialist for the grading plan had suggested that because more water will be needed for irrigation, a new pond might be needed to supply the water. This feature was not included in the Howard Maurer plans.  Larry Martin commented that another well in the upland area should be able to provide sufficient water for irrigation, alleviating the need for a pond. Howard Maurer will provide an estimate of overall costs.  Several HRRC members commented that we would need a detailed breakdown of costs in order to determine how much CYCC and the Herring River Restoration Project should each pay.

The Committee discussed whether the golf course redesign must be evaluated as part of the EIS/EIR for the restoration project.  Mark Husbands of the NPS Environmental Quality Division (EQD) had indicated by email that he thought it must be included in the EIS/EIR since it likely would involve federal funding and also is an action closely connected to the restoration project.

Tim Smith also reported that the Nature Conservancy is working with CYCC and federal officials to develop a scope of work for an appraisal of the property that CYCC may wish to sell to the National Park Service in the future. Hillary Greenberg noted that the Town of Wellfleet is developing on new Area of Critical Environmental Concern (ACEC) and floodplain regulations that could affect the property. These regulations could be adopted later this fall.

EIS/EIR Adaptive Management Plan Outline: Tim Smith presented an overview of a draft Adaptive Management (AM)“white paper” that he distributed to members by email. The paper outlines an eight-step process for adaptive management and describes what the Herring River Restoration Project needs to address in each step. This draft paper is the basis for developing an adaptive management approach for the EIS/EIR. There will be a meeting of science experts on September 23, 2010 to discuss how to approach the modeling and monitoring components of the AM plan. As part of this process, the Project Objectives may need to be modified to make them “SMART”, i.e.: Specific, Measurable, Achievable, Results-Oriented and Time-Fixed.

The HRRC will discuss the AM white paper again at its October 7, 2010 meeting and then seek feedback on this approach from the Technical Working Group at its October 13, 2010 meeting.

NPS Environmental Quality Division (EQD)-Review of Proposals for Phase 4 EIS/EIR Scope of Work: EQD received only one proposal in response to its Request for Proposals for completing the Herring River EIS/EIR.  Louis Berger Group (LBG) submitted the proposal, with a new person (Jacklyn Bryant) as the Project Manager. The Committee discussed how to most effectively work with the consultant to get the best results.  EQD will be responsible to ensuring quality control, so it is critical for HRRC to convey its expectations to EQD.

Other Business:  Steve Spear suggested that it might be worthwhile to update a 1990 research paper (Nuttle) as part of the hydrodynamic modeling effort.

The meeting was adjourned at 5:00 pm.

Documents referenced in the meeting:

-Herring River Restoration Project Update (brochure describing Project Alternatives prepared by HRRC and distributed by the Friends of Herring River)
-Revised Minutes of the July 8, 2010 HRRC Meeting
-Minutes of the August 18, 2010 HRRC Meeting
-Draft Project Coordination Contract between USDA (NRCS) and APCC
-September 14, 2010 LBG Report re Mill Creek Dike Alternatives
-August 31, 2010 LBG Memo regarding FEMA mapping status
-CYCC Draft Golf Course Grading Plans
-September 13, 2010 Draft Adaptive Management Strategy

Respectfully submitted,

Hillary Greenberg