Approved Meeting Minutes
Herring River Restoration Committee (HRRC)
Cape Cod National Seashore Headquarters
Wellfleet, MA
April 7, 2011
9:30 am-4:00 pm
Members Present: Tim Smith, Eric Derleth, Hunt Durey, Steve Spear, Steve Block, Hillary Greenberg Gary Joseph and Charleen Greenhalgh
Others Present: Margo Fenn, Shelley Hall, Tara Nye, Don Palladino, Jack Whalen
Administration/Coordination:
Communications/Coordination with Friends of Herring River: Don Palladino provided an update on the activities of the Friends. The annual herring count has begun and the Friends plan to have a booth at the Wellfleet Harbor Festival in June. The Friends Board has also begun work on a fundraising strategy. Palladino asked if it would be helpful for the Friends to host of meeting of other organizations that have an interest in Wellfleet Harbor and the Herring River, such as Mass Audubon, the Wellfleet Conservation Trust, the Shellfish Advisory Committee, and other related organizations. The purpose of the meeting would be to share information about what each of the organizations are working on, and in particular, educate stakeholders about the Restoration Project. The Committee discussed this idea and agreed that it
would be very helpful to have such a meeting sometime prior to the June Value Assessment Workshop to ensure that VA participants are up to date on current stakeholder concerns and that these interests are incorporated into the VA process. Margo Fenn offered to coordinate with Don Palladino to set up a time and place for the meeting with related environmental groups.
Don Palladino also noted that Wellfleet Selectman, Ira Wood hosts a regular radio show and was interested in interviewing some HRRC members about the Restoration Project. The Committee discussed the idea and agreed that it would be a good opportunity to update citizens about the Restoration Project-perhaps in the spring, but also in the fall when the EIS/EIR will be released for public review.
Approval of Draft Minutes: The Committee voted to approve the March 10, 2011 meeting minutes.
Schedule Next HRRC Meetings: The next regular meetings of the HRRC were scheduled for Thursday, May 12, 2011 and Thursday, July 7, 2011.
The Value Assessment (VA) Workshop has been moved to June 1st-3rd, 2011. The Committee discussed how to educate stakeholders about the VA process. This is not a public workshop, but it is a very important meeting because it will lead to a recommendation on the Preferred Alternative for the Draft EIS/EIR. Committee members stressed that the public needs to understand the process that the Committee uses to reach its recommendation. Shelley Hall noted that the public would have an opportunity to comment on the DEIS/EIR in the fall; the VA is required for the National Park Service (NPS) to determine its recommendation. The meeting with other environmental organizations that the Friends will host in May could be an opportunity to educate stakeholders about the VA process. The NPS and the Committee still
need to determine who other than the HRRC will participate in the VA. An experienced facilitator, Stephen Kirk of Kirk Associates, will run the workshop. Kirk will provide a draft agenda and narrative description of the VA process for HRRC members to review in May.
The Committee discussed what information would be needed for the VA workshop. Shelley Hall noted that the process does not require detailed quantitative analysis; participants can use their professional judgment, when needed.
Informational Updates:
Briefing for Congressman Keating/NRCS Funding: NPS and HRRC representatives provided a briefing for Congressman William Keating on March 24, 2011. Tim Smith provided an excellent presentation on the Herring River Project. Keating is supportive of the project but noted that the struggle over the budget in Congress makes future funding uncertain. Don Palladino suggested that HRRC and the Friends develop a long-term funding strategy for the Project and propose that strategy to the Congressman in the future.
The Committee discussed the status of the Natural Resources Conservation Service funding for the Cape Cod Water Restoration Project. It appears that the funds that had been previously committed to the CC Project for this fiscal year will still be available but future funding is unlikely. The Cape Cod Conservation District (CCCD) still holds funds for the Herring River Restoration Project, including approximately $53,000 for the remainder of the APCC Project Coordination contract and $14,000 for the conceptual road engineering contract with CLE (see below). There is about another $32,000 remaining that could be used for other Herring River needs.
Hunt Durey reported that he had discussed with NRCS officials the idea of extending the use of these funds into FY2012. It appears that the funds could be carried over into FY2012 but would have to be expended by the end of September 2012. Durey suggested that the HRRC use the remaining funds to extend APCC’s Project Coordination contract into 2012. The Committee agreed that it is hard to find other grant funds to cover the kind of services that APCC is providing and supported using the funds to extend the APCC contract. Margo Fenn offered to check with Maggie Geist to get an update on projected expenditures through the end of the year. Hunt Durey agreed to follow up with NRCS and CCCD officials.
Conceptual Engineering for Roads: Tim Smith reported that CLE Engineering and the CCCD were working on a contract to provide conceptual design and cost estimates for raising or relocating three low-lying road segments in the estuary: Pole Dike Road, Bound Brook Road and Old County Road. The contract will be approximately $14,000 and the plan is have information available for the VA workshop. The final report and drawings would be completed by the end of June. This information will be important to have in order to discuss road options with town officials.
Phase 1A Cultural Resources Study/Tribal Consultation: The Public Archaeology Lab (PAL) needs the hydrodynamic modeling results in order to define the Area of Potential Affect (APE) for the Project. The Committee discussed what would be the proper information to send them. They already have maps denoting likely areas of construction disturbance and the raise/fill plan for the Chequessett Yacht and Country Club (CYCC) golf course. They will also need to see the previous CYCC plan to move the lower fairways to the upland, and the projected 100-year flood boundary for the whole river basin. The Committee discussed whether the area between Route 6 and Old Kings Highway should be included in the boundary and decided that Old King’s Highway would mark the upper limit of the affected area.
Eric Derleth asked if the final report would include more detailed recommendations about further work needed (Phase 1B analysis). Steve Spear noted that HRRC would need a cost estimate for Phase 1B work (e.g. test pits, photo documentation, etc.) in order to evaluate the comparative costs of the Alternatives during the VA Workshop in June. Bill Burke noted the NPS Cultural Resources staff would determine the scope of the Phase 1B work in consultation with the Massachusetts Historical Commission (MHC). He suggested that Jim Harmon might be able to provide some informal cost estimates for the VA.
Bill Burke is setting up consultations with the Wampanoag Tribes. He noted that he had invited Chuckie Greene of the Mashpee Tribe to come out for a site visit and briefing in late April. HRRC representatives should participate and provide a progress report on the Project. NPS will provide the Phase 1A Report to the Tribes when it is complete.
Bill Burke agreed to schedule a site visit and briefing for April 28, 2011. Tim Smith, Hillary Greenberg, Gary Joseph and Steve Spear will attend to represent HRRC.
Wetlands Jurisdiction (DEP Consultation): Hunt Durey and Tim Smith met with Department of Environmental Protection (DEP) officials to discuss wetland jurisdiction issues related to the Restoration Project. Durey noted that while a 2006 Abbreviated Notice of Resource Area Delineation (ANRAD) for the CYCC property had concluded that this area was not jurisdictional under MA DEP wetland regulations, the ANRAD had expired. DEP officials now think that the low-lying golf holes would likely be considered state jurisdictional wetlands. Smith and Durey asked DEP officials how they would view the proposed plan to raise and fill the lower fairways under DEP’s mandate to “avoid, minimize and mitigate” wetlands disturbance. Given the likely change in the Natural Heritage and Endangered Species Program (NHESP) habitat mapping, the upland area of the CYCC property may again provide a feasible option for relocation of the low fairways. HRRC wants to know how DEP will view the golf course
options. Lealdon Langley and Jim Sprague of DEP have referred the matter to DEP legal staff and expect to have an opinion on this soon. They may also need to consult the DEP Commissioner, as it is his responsibility to review and approve any variance requests.
Hunt Durey noted that it might be very important who proposes, and the context of, the raise and fill plan. If it is part of the larger Herring River Restoration Project, it may be permissible under a DEP variance-given all the other benefits of the Project. Were it to be proposed independently by CYCC, it would likely be much more difficult to get approval. Steve Spear noted that there are trade-offs with wetland impacts under each of the Project Alternatives. Tim Smith noted that DEP’s review also must be coordinated with the Town of Wellfleet’s Conservation Commission, as the Con Com has additional review authority under the local Wetlands Bylaw and a variance at this level is likely as well. Steve Block added that HRRC should consult the Army Corps of Engineers about whether there would be federal jurisdiction.
HRRC members agreed to consult the Wellfleet Conservation Commission and the Army Corps of Engineers following receipt of an opinion from DEP.
CYCC Golf Course Plans/TNC/CYCC/NPS Land Plan and Appraisal: Representatives of HRRC met with Barbara Boone, Jack Whalen and David Stott of CYCC and David McGowan of The Nature Conservancy (TNC) on March 31, 2011 to discuss the implications of the NHESP mapping changes. The Nature Conservancy has funding for a land plan and appraisal of the CYCC property. The appraisal was to look at values of three different scenarios:
-14 +/- acres along the river that CYCC may wish to sell to the National Park Service
-House lots along Chequessett Neck Road
-CR on the entire CYCC property, excluding the clubhouse any other areas the CYCC might wish to withhold
David McGowan of TNC had not yet issued a notice to proceed on the land plan/appraisal work, because the NHESP mapping change could alter the assumptions about development potential and value.
At the March 31st meeting, participants discussed the effect of the mapping change on the Herring River EIS/EIR Alternatives and the regulatory implications. The EIS/EIR Alternatives would need to at least consider moving the lower fairways to the upland area of the CYCC property. The Cape Cod Commission open space requirements would be different if the area is not mapped as rare species habitat; DEP may view filling of low-lying fairways differently; and there might have to be more extensive archaeological investigations if the upland option were to be pursued.
Since the appraisal needs to take into account regulations in effect at the time that the appraisal is completed, it might make sense to hold off on preparing a formal “Yellow-book” appraisal until after NHESP completes its remapping process. However, the group agreed that it would be important to move ahead with the land planning, so that CYCC can evaluate its development options. Jack Whalen noted that CYCC is still interested in pursuing both the raise and fill plan for the golf course and the potential sale of some of the upland area to the National Park Service. Margo Fenn agreed to contact David McGowan to get an update on what is happening with the land plan/appraisal.
Legal Update: NPS has not received a written legal opinion yet from the Department of Interior.
Technical Working Group (TWG) Meeting: The next TWG meeting is April 13, 2011. The Committee discussed the agenda for that meeting. Tim Smith will review the modeling results with the TWG and describe the proposed refinements to the Project Alternatives. The agenda also includes a discussion of the impact assessment approach and updates on other related project activities.
EIS/EIR Alternatives: Tim Smith reviewed with the group a summary table of model results that he prepared, and reviewed the refined Project Alternatives. The Committee agreed that salinity numbers should be included in the summary tables for the Alternatives. The group also agreed that it would like to have a more in-depth discussion of the modeling results at the May HRRC meeting.
Presentation and Discussion:
Long-term Management Issues: Penobscot Model/Third MOU: Don Palladino did some research on potential models for long-term project management including the Penobscot River Trust and the Elkhorn Slough Foundation. He prepared a preliminary summary sheet describing these organizations that was emailed to HRRC members. The Committee discussed the organizational structure and fundraising strategies employed by these organizations. Steve Block noted that the Penobscot Trust had been very successful in obtaining federal and corporate funds. Don Palladino noted that they have numerous partners including organizations like Trout Unlimited, TNC, and local Indian tribes. The Director of the Penobscot Trust is
interested in learning more about the Herring River Restoration Project.
There may be foundations throughout the country that would be interested in the Herring River Restoration. This will require further research. The Committee and the Friends need to develop a fund-raising strategy that identifies many different kinds of potential donors. The National Park Service can fund projects outside its boundaries if there is demonstrable benefit to Park resources. However, federal employees cannot lobby for funding. The Friends of Herring River could play an advocacy role. Former Congressman Delahunt might be willing to help out with lobbying as well, perhaps through the Friends.
Steve Block suggested that each of the involved federal and state agencies should develop a strategy to contribute to the construction and management costs of the Project. It would be good to have a five-year plan that identifies appropriate funding sources from the different partners. Don Palladino offered to follow up with the Penobscot River Trust and perhaps set up a telephone conference to talk further about their experience. The HRRC agreed discuss funding strategies further at its May meeting.
Public Outreach-Stakeholders Questions: The Committee reviewed a list of management questions prepared in 2006 by the Herring River Stakeholders Group.
The Stakeholders Group was created under the first MOU but was not carried forward in the second one. Margo Fenn noted that the second Herring River MOU calls for the HRRC to develop a third MOU for project implementation. Presumably, this MOU would address all of the long-range management issues. The Committee discussed the timing of preparing a third MOU and agreed that it needs to be in place prior to implementation of the Restoration Project, but MOU II should remain in effect through the EIS/EIR and permitting process.
The Committee reviewed the list of management questions and agreed that many of the items on the list will be addressed in the EIS/EIR analysis. Others will be addressed through the pending DOI legal analysis. Some other questions were based on faulty assumptions (for example concerns about erosion of the “Gut”) and don’t really relate to long-term project management. Finally, some of the questions will need to be addressed in the third MOU. Margo Fenn offered to reorganize the list of pertinent management questions for future consideration.
Loose Ends and Other Business:
Hunt Durey requested that the Committee have further discussion of CYCC flood proofing versus diking Mill Creek at the May HRRC meeting. He also stressed that the Committee needs to get a handle on the legal questions related to low-lying properties. Steve Block suggested that the May meeting include a discussion of projected funding needs through the Record of Decision, final design and permitting. Eric Derleth asked if the Phase 1B Study would need to be completed prior to the Final EIS/EIR. Steve Spear commented that EIS/EIR should include a delineation of tidal flow prior to the diking of the river in 1909. This would establish a baseline for the historic flood plain.
Documents referenced in the meeting:
-Minutes of the March 10, 2011 HRRC Meeting
-CLE Proposal 4-7-11
-April 2011 Modeling and Alternatives Powerpoint Slides
-Lower Herring River Tidal Benchmarks Spreadsheet
-Stakeholder Questions from 2006 Report of HR Technical Committee
Respectfully submitted,
Hillary Greenberg-Lemos
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