Approved Minutes
Herring River Restoration Committee (HRRC)
Cape Cod National Seashore Headquarters
Wellfleet, MA
December 2, 2010
11:00 am-4:00 pm
Members Present: Tim Smith, Eric Derleth, Hunt Durey, Steve Block, Steve Spear, Gary Joseph
Members Absent: Charleen Greenhalgh, Hillary Greenberg
Others Present: Margo Fenn, Tara Nye, Shelley Hall, Don Palladino. John Portnoy, Pat Weslowski, Bill Burke
Administration/Coordination:
Communications/Coordination with the Friends of Herring River: Don Palladino reported on the activities of the Friends. He noted that signs marking the estuary road crossings have been posted in Truro. The Friends are continuing to work on development of an educational video. The Oyster Festival proved to be an excellent opportunity to build public interest in the project; one interested person offered a contribution of $5,000 to the Friends.
Approval of Draft Minutes: The Committee voted to approve the draft meeting minutes for November 4, 2010 with one correction.
Schedule Next Meetings:
Monthly HRRC meetings are scheduled for:
January 6, 2011
February 10, 2011
March 10, 2011
Informational Updates:
Wellfleet Harbor Conference: Tim Smith and Steve Spear provided an update on the Restoration Project at the Harbor Conference on November 6, 2010.
TNC/CYCC/NPS Land Plan and Appraisal: Tim Smith reported that The Nature Conservancy is in the process of seeking consultant proposals to prepare a land plan and appraisal for the CYCC upland. The appraisal will take three months to complete.
CYCC Golf Course Cost-Sharing: There was a meeting with representatives of the Chequessett Yacht and Country Club (CYCC) prior to the full HRRC meeting to discuss the estimated costs of reconstructing the CYCC golf course (based on the plans prepared by the Louis Berger and Howard Maurer Groups) and seek agreement about what elements of the proposed golf course reconfiguration work are needed for flood protection (i.e. mitigation for the proposed Herring River tidal restoration project) versus what elements would be considered improvements to the golf course that are unrelated to the Herring River project (see separate meeting notes).
The full Committee was briefed on the cost-sharing meeting and discussed next steps in the process. Members noted that there are a number of different potential funding entities (federal, state, and non-governmental) for the restoration project, all with their own rules about what kinds of activities they can fund; thus, the ultimate potential distribution of costs would depend on which entities provide the funds for the restoration project and related mitigation. The HRRC must address needed flood mitigation as part of the preparation of the Environmental Impact Statement/Report for the restoration project. This includes not just CYCC’s property, but also other potentially affected private lands and public infrastructure (roads). Members discussed how to present this information in the EIS/EIR. According to Pat Weslowski, the
Louis Berger Group will begin incorporating this information into the EIS impact analysis in early February 2011.
HRRC will discuss this further at its January 6, 2011 meeting.
FEMA Update: There is no new information regarding how FEMA rules and regulation may affect the Restoration Project.
Pat Weslowski agreed to check with Chris Feeney of LBG about writing up a summary of the October 12, 2010 meeting with FEMA officials. HRRC will consult the Army Corps of Engineers to determine design requirements for reconstruction of the Chequessett Neck Road dike and potential new construction of a dike at Mill Creek under the different Action Alternatives.
Section 106 Phase 1A Cultural Resources Study: Tim Smith reported that Holly Herbster of the Public Archaeology Lab (PAL) did some additional fieldwork in November. He noted that representatives of the Massachusetts Historical Commission (MHC) met with NPS cultural resource staff on November 18 and were briefed on the Restoration Project. The Phase 1A Report is due to be completed by the end of 2010.
Bill Burke agreed to provide a copy of the final Phase 1A Report to Margo Fenn for distribution to HRRC members prior to the January 6, 2011 meeting.
Woods Hole Group (WHG) Hydrodynamic/Sediment Modeling: Tim Smith reported that he had received a written report from WHG on the first phase of sediment modeling. The report includes a scope of work and cost estimate ($19,000) for the next phase of the sediment work. WHG does not think that numerical modeling is warranted.
Tim Smith agreed to email the WHG report to HRRC members. Kirk Bosma plans to attend the January and February meetings of the HRRC to present the findings of WHG’s ongoing modeling work.
Natural Resources Conservation Service (NRCS) Watershed Plan Funding for Project Coordination: Steve Spear reported that NRCS has approximately $110,000 in additional funding for some of the needed technical studies (e.g. sediment modeling, Phase 1B Cultural Resources analysis) for the Herring River project. The Cape Cod Conservation District (CCCD) will administer these funds and both the WHG and LBG are now eligible to contract with the District.
Other Potential Funding Sources: The Committee discussed what other sources of funds might be available to address other needed technical work. Tim Smith and Tara Nye drafted a cross-referenced list of technical services needs and existing and potential funding sources. Hunt Durey asked what technical information LBG will need to prepare the draft EIS/EIR. Pat Weslowski responded that the most important information is the hydrodynamic and sediment modeling results. LBG had also requested some data from ongoing NPS resource monitoring. The Committee started to review the draft matrix, but decided it would be better to review the EIS/EIR outline (prepared by LBG) first.
HRRC members agreed to review the draft Technical Services Needs and Funding Sources matrix prepared by Smith and Nye and discuss it at the January 6, 2011 meeting.
Legal Update: Robin Lepore in the Department of Interior (DOI) Regional Solicitors office is preparing a brief concerning some specific legal questions related to the project. Shelley Hall checked with Lepore and reported that DOI legal staff has been busy with a lawsuit and has not been able to complete the legal brief for the Restoration Project yet.
Discussion Items:
Phase 4 EIS/EIR Contract/EQD Coordination and EIS/EIR Schedule: The Committee reviewed a revised draft outline (dated December 1, 2010) for the Herring River EIS/EIR. Jacklyn Bryant of LBG drafted this outline after phone consultations with Tim Smith, Margo Fenn and Mark Husbands (EQD). Chapter 1 as proposed covers the purpose and need for taking action, including the project objectives, history, and scoping process. It outlines the issues and impact topics to be analyzed in the EIS/EIR. LBG recommended that the section on federal laws and regulations be moved out of Chapter 1 into an appendix. HRRC members concurred that this is a good idea.
Chapter 2 presents the Alternatives. These have been relabeled to make Alternative A the No Action Alternative; the three Action Alternatives then become B, C, and D. The Committee had a lengthy discussion of how to frame the impact analysis for the Action Alternatives. Tim Smith suggested “bracketing” the range of impacts by focusing on Alternative B (Single Point of Tide Control at Chequessett Neck Road) and Alternative C (Multiple Points of Tide Control with Full Tidal Flow at Chequessett Neck Road). For each of these two Alternatives, there would be a specified restoration target (e.g. maximum high tide height). The restoration target for Alternative D would fall somewhere between B and C.
Pat Weslowski said that the Alternatives narrative should be clarified to explain the relationship of the proposed structures to the restoration targets. The Committee agreed that Alternative D could really be considered a sub-category of Alternative C. One way to look at it would be to have multiple points of tide control with two different targets: one to control normal tides, one for storm flood control.
Tim Smith agreed to repackage the Alternatives based on the Committee’s discussion and to consult with Mark Husbands of EQD and LBG staff about the revised approach to the analysis.
Chapter 3 of the EIS describes the Affected Environment. All of the impact topics are laid out in this Chapter and need to be consistent with how they are presented in Chapters 1 and 4. Tim Smith and Margo Fenn had worked with LBG to reorder the impact topics in order to make the impact analysis more manageable. The Committee reviewed the proposed outline of topics and suggested a number of small changes.
Chapter 4 of the EIS/EIR describes the Environmental Consequences of the Project, and will follow the same outline of impact topics described in Chapters 1 and 3.
Tim Smith agreed to send Jacklyn Bryant (LBG) and Mark Husbands (EQD) a summary of the recommended changes in the draft EIS/EIR outline.
EIS/EIR Adaptive Management (AM) Plan: At the November meeting, the Committee reviewed draft Project Objectives for the Adaptive Management Plan and made numerous suggested changes. Tim Smith reported that he had edited the Objectives to incorporate those changes and was now working on identifying measurable attributes for each of the Objectives. Eric Derleth asked about seeking outside help with development of the Adaptive Management Plan, perhaps utilizing the expertise of Hilary Neckles of USGS and/or Charles Roman of NPS. Tim Smith noted that a quantitative ecologist is needed to help develop modeling equations. CCNS has submitted several study proposals for funding but these funds would not be available until future fiscal years.
Tim Smith agreed to email the revised Project Objectives to HRRC members. These Objectives will be incorporated into a revised AM “white paper” and sent to the Technical Working Group (TWG) for review at its January 12, 2011 meeting.
Technical Working Group (TWG) January 12, 2011 Meeting: At the last (October 2010) TWG meeting, the following agenda items were identified for the January 2011 meeting:
-The hydrodynamic modeling study results
-The final Phase 1A Cultural Resources Assessment
-Draft materials for Chapters 1, 2 and 3 of the EIS/EIR
-Updates on other technical studies (Mill Creek, CYCC, etc)
-The revised Adaptive Management Plan “white paper”
The Committee discussed the agenda for the TWG meeting and agreed as follows:
Tim Smith will inquire whether Kirk Bosma would be able to attend the TWG meeting and present the most recent hydrodynamic and sediment modeling results.
Margo Fenn will prepare the TWG agenda to include:
-Hydro modeling
-EIS/EIR Outline and Impact Thresholds
-Adaptive Management-Review of Revised White Paper
-Mill Creek Study Results: Dike designs, cost estimates and modeling results
-Updates on other technical studies:
-CYCC Grading Plan and cost estimate
-Section 106 Phase 1A Cultural Resources Report
Craig Wood (LBG) will be asked to prepare a presentation on the Mill Creek Study for the TWG.
Jacklyn Bryant will modify the EIS/EIR outline based on HRRC’s comments and prepare a presentation on Impact Thresholds.
Tim Smith will revise the Adaptive Management “white paper”.
Louis Berger Group (LBG) High Toss Road Conceptual Designs:
At the November HRRC meeting, Steve Spear offered to work with engineers at NRCS to estimate what each of the High Toss Road options might cost. Spear reported that these cost estimates would be ready by the end of December 2010.
Steve Spear agreed to circulate cost estimates for High Toss Road to HRRC members for review. Once the Committee has more complete modeling results and a better idea of costs, HRRC will set up meetings with CCNS and Town of Wellfleet officials to discuss the options.
The meeting was adjourned at 4:00 pm.
Documents referenced in the meeting:
-Minutes of the November 4, 2010 HRRC Meeting
-HR-CYCC 12-2-10 Draft Meeting Notes
-WHG First Level Sediment Analysis Technical Memo, 11-23-10
-CACO Herring River EIS Outline v2, December 1, 2010
-September 13, 2010 Draft Adaptive Management Strategy (white paper)
Respectfully submitted,
Hillary Greenberg-Lemos
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