Approved Minutes Minutes
Herring River Restoration Committee (HRRC)
Cape Cod National Seashore Headquarters
Wellfleet, MA
November 28, 2012
9:30 am-5:00 pm
Members Present: Tim Smith, Eric Derleth, Hunt Durey, Steve Spear, Steve Block, Charleen Greenhalgh
Others Present: Margo Fenn, John Portnoy, Martin Nieski
Administration/Coordination:
Consultation with Low-Lying Property Owner: The Committee met with Martin Nieski who owns a house in the Mill Creek sub-basin of the Herring River estuary. The Committee reviewed the latest hydrodynamic modeling information as it applies to the Nieski property. The group discussed the Project Alternatives and reviewed potential options for preventing flooding impacts to his house. The Committee agreed to appoint a member to follow up with Mr. Nieski and to investigate sources of funding for engineering/landscape architectural help.
Approval of Minutes: The Committee voted to approve the minutes of the November 1, 2012 and the November 8, 2012 HRRC meetings.
Schedule of HRRC Meetings: The Committee agreed to the following schedule of upcoming meetings:
-Nov. 29, 2012 (workshop with Fuss and O’Neill on CNR dike design 9:30 am to 5:00 pm)
-Dec. 12, 2012 (regular meeting 9:30-2:00 pm)
-Dec. 12, 2012 (workshop with Wellfleet Town Officials re CNR dike design 2:00- 5:00 pm)
-Dec. 13, 2012 (regular meeting 9:30-5:00 pm)
-Jan. 10, 2012 (regular meeting date)
The Committee also agreed to hold a Technical Working Group Meeting in late January (possibly January 23rd or 30th, 2013). The group discussed potential agenda items for that meeting including review of agency comments on the DEIS/EIR, an update on outreach efforts with LLP owners, and adaptive management.
Margo Fenn agreed to contact TWG members about possible meeting dates.
Project Coordination Funding/Contracting: Margo Fenn reported that the Friends of Herring River (FHR) received a Notice to Proceed from the MA Division of Ecological Restoration (DER) on November 20, 2012. Margo Fenn signed an agreement with FHR to continue to serve as the Project Coordinator. Don Palladino is finalizing a contract with the Conservation Law Foundation (CLF), which will provide the rest of the funding for this purpose. The Committee briefly discussed administrative procedures for the three grants that HRRC has received from Restore America’s Estuaries (RAE) through CLF. Tim Smith suggested closing out the legal grant since that work is largely complete.
Informational Updates:
Cultural Resources: Tim Smith reported that he had not yet heard back from Holly Herbster of the Public Archaeology Lab (PAL). The Committee is still seeking advice from PAL as to how to proceed with a Programmatic Agreement with the Massachusetts Historical Commission.
Woods Hole Group (WHG) Final Modeling Report: The Committee has not received the final report from WHG. The group agreed to talk with Kirk Bosma about this at the November 29, 2012 meeting.
DEIS/EIR Public Hearing Follow-up: The Committee provided two emails to the Cape Cod Commission (CCC) to follow up on questions that were raised by the CCC subcommittee at the November 8, 2012 hearing. These emails addressed issues related to nitrogen loading, septic systems and groundwater impacts, as well as explaining the process for reaching out to low-lying property owners.
The Committee briefly discussed the press coverage of the public hearing, noting that the article published in the Cape Codder and the Provincetown Banner was far more thorough and balanced than the Cape Cod Times piece, which focused only on landowner concerns. The group agreed that it would be a good idea to sponsor a briefing and canoe trip for elected officials and the media in the spring to educate them about the Restoration Project.
Discussion:
Update on Outreach Process with Low-lying Property (LLP) Owners:
The Committee discussed the outreach efforts to LLP owners. Letters describing the restoration project and possible impacts to private properties were sent to 293 owners (representing 376 parcels) on October 12, 2012. Thus far, thirty owners had responded, requesting additional information. The Committee set up a system to track these contacts and individual members have been assigned to speak with specific property owners over the coming weeks. Members reviewed the contacts made to date and discussed various issues raised in the process.
Some property owners have requested on-site meetings with the Committee. HRRC members held several individual meetings in November. Members agreed to keep a record of their interactions with LLP owners using the Zoho tracking system. If another HRRC member is needed to provide additional information, that member should be copied on email communications with the LLP owners.
HRRC members agreed to follow up with their assigned LLP contacts and track their contacts using the agreed-upon system. Margo Fenn will continue to assign LLP contacts as they come in.
At the November 1, 2012, the Committee agreed to review the protocol that was used in Larry Martin’s study of private wells in order to make sure that all potentially affected wells have been identified. Tim Smith contacted Larry Martin to request further information about his study methods. Martin had compiled detailed data for 110 wells in Wellfleet and Truro. He suggested that the HRRC map the wells that he evaluated. The Committee discussed possible sources of spatial data for wells, including the town wastewater plan.
John Portnoy agreed to contact the Wellfleet Wastewater Management Planning Committee to inquire about mapping data for wells within 200 feet of the 10 ft. topographic contour around the estuary. Charleen Greenhalgh offered to look up information for wells in Truro.
The Committee discussed creating an additional outreach effort for those properties that might have structural impacts. The Committee reviewed the list of affected properties. Approximately half the affected property owners have responded to the HRRC letter. If the other LLP owners with structural impacts do not contact the Committee, it might be necessary to send them another letter, perhaps by registered mail.
The HRRC agreed to draft a follow up letter to those LLP owners with potential structural impacts who have not yet responded.
The Committee discussed how to document its discussions with LLP owners and how to memorialize any agreements about possible mitigation. There may need to be written agreements with some landowners prior to Project implementation but the Committee does not have the authority to formally negotiate such agreements now. A new Memorandum of Understanding (MOU III) will be needed to define roles and responsibilities for the next phases of the Restoration Project.
Other Business:
Coordination with Town Officials: Gary Joseph joined the meeting at the end of the day and HRRC members updated him on ongoing activities. The group discussed how to better coordinate with the Board of Selectmen in the coming months. The HRRC must work with town and National Park Service (NPS) officials to draft MOU III. Under the scope of work for the CLF (RAE) and DER grants, a preliminary draft of the MOU is due by June 30, 2013. The Committee discussed the idea of setting up a working group with representatives of the two towns’ Board of Selectmen, the town managers/administrators and NPS officials to work on MOU III.
The Committee discussed how to handle questions and requests for information while Hillary Greenberg is away. Tim Smith agreed to check with her to clarify how to handle Herring River business during her leave.
Legal Issues: The Committee briefly discussed the legal status of historic tidelands. The Committee still needs to consult with project partners to ensure consensus about this question. The group also discussed the status of the existing Chequessett Neck Road (CNR) dike, given that the Federal Emergency Management Agency (FEMA) is remapping the flood zones for Barnstable County. The proposed new FEMA maps are expected to be released for public review in December 2012. Part of this process will be evaluating the status of flood control structures such as the CNR dike to determine if they meet FEMA certification standards. If the dike does not comply with current requirements, the dike could be decertified and areas upstream of the dike would be mapped as flood zones. The Committee agreed that members should meet with FEMA
representatives after the new flood maps are released.
Documents Referred to in the Meeting:
-Minutes of the November 1, 2012 HRRC meeting
-Minutes of the November 8, 2012 HRRC Meeting
Respectfully submitted,
Hillary Greenberg-Lemos
| 