Approved Meeting Minutes
NEPA/MEPA/CCC Public Hearing
Herring River Restoration Project Draft Environmental Impact Statement/Report (EIS/EIR)
Wellfleet Senior Center, Old Kings Highway
Wellfleet, MA
November 8, 2012
6:30 pm-9:30 pm
Participants:
Cape Cod Commission (CCC) Subcommittee:
Leonard Short (Orleans) (Chair), Peter Graham (Truro), John D. Harris (Minority Representative), Roger Putnam (Wellfleet),timony on the project, its alternatives, its potential environmental impacts, mitigation measures and the adequacy of the DEIS/EIR.
She explained that the Public Hearing was part of a Special Review Process under NEPA, MEPA and the Cape Cod Commission that provides for coordination of the federal, state and regional environmental review processes.
Margo Fenn introduced the participants in the Special Review Process (see above) and
encouraged people to submit their comments in writing. She note that all comments submitted to NEPA and MEPA would be combined for the public record.
Leonard Short opened the Cape Cod Commission public hearing and Austin Knight read the Public Hearing Notice. Leonard Short explained the order of business and asked all persons who wished to speak to stand and get sworn in. All speakers did so.
Representatives of the Herring River Restoration Committee provided a presentation to give some background on the need for the Restoration Project, a description of the project alternatives and impact topics, a description of the preferred alternative and an explanation of the project schedule and next steps. Andrea Adams of the Cape Cod Commission regulatory staff then presented a summary of the staff report for the Subcommittee.
CCC Subcommittee members asked a few questions: Austin Knight inquired about whether there would be nitrogen loading issues from septic systems within the floodplain. He was also concerned about whether global warming and sea level rise had been considered in planning the project. He asked what would be the plan for addressing impacts to private properties.
Roger Putnam asked if dredging would be needed to restore the natural sinuosity of the river channel. Tim Smith responded that tidal flow may be sufficient to restore the historic channels, but this will be monitored as part of the Adaptive Management process.
Leonard Short then opened the hearing to testimony from public officials. The following is a summary of public official comments:
Robert Hubby, Chair of the Wellfleet Open Space Committee spoke in support of the Project. He noted that the Herring River estuary is one of the largest natural resource areas in the Town of Wellfleet (1,100 acres) and its restoration is of great interest to the Open Space Committee. He was particularly interested in the potential to restore shellfish resources in the river and the downstream areas of Wellfleet Harbor.
Alex Hay, Chair of the Wellfleet Wastewater Committee expressed strong support for the Project. He noted that restoration of tidal flow to the river could aid in managing nitrogen loading to Wellfleet Harbor, thus supporting the town’s wastewater management efforts.
Ned Hitchcock, spoke of behalf of the Wellfleet Natural Resources Advisory Board (NRAB). He thanked the HRRC, noting that the release of the DEIS/EIR is a major milestone. He said that the NRAB supports Alternative D, as it provides the maximum environmental benefit. He stressed that the project should be designed to ensure fish and boat passage at Chequessettt Neck Road. The project design should include access points for boating and shellfishing, especially at Chequessett Neck and Bound Brook Roads.
Barbara Brennessel spoke on behalf of the Shellfish Advisory Committee, which also supports the Restoration Project. She noted that the Project would improve water quality and expand areas for shellfishing and aquaculture. She expressed two key concerns: First, the Shellfish Advisory Committee wants to make sure that the Town of Wellfleet has management authority over any new areas opened to shellfishing. Second, they want to ensure that access points to the river are either maintained or relocated, including adequate areas for parking.
After a short break, Leonard Short opened the hearing to public testimony. The following is a summary of public comments:
Don Palladino, President of the Friends of Herring River (FHR) spoke in support of the project. He commended the HRRC, noting that the release of the DEIS/EIR is a major milestone. He noted that the FHR supports Alternative D because it provides the maximum restoration and the best protection for private properties. He stressed that it is important to maintain recreational access points to the river.
Ed DeWitt, Executive Director of the Association to Preserve Cape Cod (APCC) spoke in favor of the project. He noted that APCC has supported restoration of the Herring River since the early 1970s. The Herring River is the top priority restoration project on Cape Cod. He explained that salt marshes play an important role in managing greenhouse gases because they sequester carbon. Healthy salt marshes also attenuate nutrient loading, improving water quality and fisheries. He stressed that the Herring River is a valuable public resource that needs good stewardship.
Donald Thimas spoke in support of the Project, especially Alternative D. He commended the HRRC on an outstanding job.
Jack Whalen congratulated the HRRC and spoke in favor of Alternative D. He noted that increased tidal flow in Mill Creek would help to control non-native species like Phragmites.
Laura Runkel noted that she owns property on the Pole Dike Creek marsh. While she thought the DEIS/EIR contained a lot of good information about environmental impacts, she thought that it did not adequately address impacts to private properties. She said that the Final EIS/EIR should contain a map of all affected properties. She suggested blocking off Upper Pole Dike Creek from the Restoration Project to reduce impacts to private properties.
Mike Parlante is an affected property owner and shellfisherman. He questioned whether mud from the river would pollute Wellfleet Harbor and harm its shellfish beds. He said that the DEIS/EIR was too vague about tree removal in the floodplain and asked if his private property would become public land, open to shellfishing by others.
Chuck Edmondson, President of the Chequessett Yacht and Country Club (CYCC) congratulated the HRRC on a very professional job. He noted that CYCC has been a participant in the planning process for the Project. His major concern is impacts to the CYCC golf course and agreed that Alternative D should be the Preferred Alternative. He urged selection of this Alternative so that CYCC could continue to support the project.
Bill Iacuessa is a member of the Wellfleet Conservation Trust (WCT). He noted that the Board of the WCT plans to vote on the Herring River Restoration Project as its next meeting. He expressed support for the Project.
Ashley Fawkes-Sylver said that she thought the hearing was disappointing. She is an affected property owner and expressed concern about financial impacts from the Project. She noted that her taxes might go up if she has a view of the salt marsh. She also noted that low-lying property owners might have to buy flood insurance. She said she would have to relocate her horses because of green head flies. She asked what funds would be available to compensate private property owners.
Pamela Bauder is an affected property owner and read a prepared statement. She expressed concern about loss of habitat for existing wildlife including rabbits and foxes. She thought that the DEIS/EIR studies of rare species were biased. She expressed concern about saltwater intrusion in her well. She also expressed concern about the visual effects of dead vegetation and thought that it was unfair that her private land could be opened to the public if tidal flow was restored.
Martin Nieski owns land on Old Chequessett Neck road in the Mill Creek basin. He said that he built his house in 1990 and probably should not have been given a building permit. He cited a 2007 study prepared by ENSR Corporation for the Massachusetts Coastal Zone Management office that analyzes potential impacts to his house and property. He asked that this report be included in the public record. He noted that the ENSR report predicted daily flooding of his basement. He said that his house is unsaleable and said that he thought this was a land taking.
Mark Faraday of Mass Audubon spoke in favor of the Project, noting that this is the largest wetlands restoration project in Massachusetts. He stressed that it would benefit fisheries, shellfisheries, rare species like the diamond-back terrapin, water quality and flood protection. He supported Alternative D and the Adaptive Management approach proposed in the DEIS/EIR.
Ashley Fawkes-Sylver spoke again saying that she thought there should be another Alternative considered that confines the Restoration Project to areas owned by Cape Cod National Seashore. She said that changing the jurisdictional boundary of the Rivers Act would mean that she couldn’t plant a rose bush in her yard.
Pamela Bauder spoke again, asking that property owners be able to see the ENSR Corporation report.
Hunt Durey responded to some of the concerns raised by property owners, stressing that this is a top priority for the Herring River Restoration Committee. He explained that the DEIS/DEIR does not include information regarding property-specific impacts or potential mitigation options because that level of detail is not appropriate to evaluate under the NEPA/MEPA/CCC review processes. It is also impractical to include property-specific details in this document due to the number of parcels involved. Additionally, the HRRC felt that including information in a DEIS/DEIR public document regarding specific properties that are not owned by the project proponents would raise landowner privacy concerns.
He stressed that the HRRC is fully committed to an open, transparent, and pro-active approach to engaging individual affected landowners. The goals of these interactions are to further explain and refine property-specific project effects and develop mitigation plans that address substantial adverse impacts. The most effective (and only practical) way to do this is to consult one-on-one with affected landowners to review information specific to their property.
Gary Joseph, Chairman of the HRRC noted that his job is to represent Wellfleet. He stressed that the HRRC takes the landowner concerns very seriously and will meet with all interested property owners to address these issues. He urged affected owners to respond to the HRRC letter and set up a time to meet with Committee members.
The Cape Cod Commission Subcommittee closed the hearing and agreed to meet in early December (December 3, 2012 at 10:00 am in the Truro Town Offices) to formulate its comment letter to MEPA.
Respectfully submitted,
Hillary Greenberg-Lemos
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