Approved Meeting Minutes
Herring River Restoration Committee (HRRC)
Cape Cod National Seashore Headquarters
Wellfleet, MA
January 10, 2013
9:30 am-5:00 pm
Members Present: Tim Smith, Eric Derleth, Steve Spear, Steve Block, Charleen Greenhalgh, Hunt Durey (by phone)
Others Present: Margo Fenn, Don Palladino
Administration/Coordination:
Communications with the Friends of Herring River (FHR): Don Palladino reported that the Wellfleet Selectmen had appointed Harry Terkanian and Dennis Murphy to serve on the Working Group to develop a third Memorandum of Understanding (MOU III) for the Restoration Project. He noted the FHR had a successful year-end fundraiser, including a $2,500 donation from the Lazarus Foundation. The FHR is working on plans for upcoming events, including the spring herring run. Peter Watts, Chair of the Stakeholders Committee (created under MOU I) contacted Don Palladino about the outreach process to low-lying property (LLP) owners. Don Palladino agreed to invite Peter Watts to attend the February 7, 2013 HRRC meeting to discuss the LLP outreach effort.
Grant Opportunities: Don Palladino reported that invoices for Project Coordination work have been submitted to the Conservation Law Foundation and the MA Division of Ecological Restoration. Thus far, FHR had not received payment for those invoices. FHR was invited to submit a full grant proposal to the Massachusetts Environmental Trust. That application is due on March 15, 2013. Palladino also noted that the NOAA grant deadline is February 19, 2013.
Approval of Minutes: The Committee voted to approve the minutes of the December 12, 2012 and December 13, 2012 meetings.
Schedule of Meetings: The Committee agreed on the following schedule for upcoming meetings:
January 17, 2013, 1:00 pm: MOU III Working Group
January 30, 2013, 10:00 am: Technical Working Group (TWG)
February 7, 2013, 9:30 am: HRRC regular meeting
March 7, 2013, 9:30 am: HRRC regular meeting
Cultural Resources- Public Archaeology Lab (PAL) Consultation: National Park Service (NPS) Historian Bill Burke and Archaeologist Jim Harmon joined the meeting along with Deborah Coxe and Holly Herbster of the Public Archaeology Lab. The group discussed the comment letter received in July 2012 from the Massachusetts Historical Commission (MHC) regarding a draft Programmatic Agreement (PA) between NPS and MHC. In addition to a number of smaller edits, the MHC letter called for the following changes in the draft PA:
“The tenth, eleventh and twelve Whereas clauses appear to be inconsistent with management recommendations provided in the June 201I technical reconnaissance report prepared by the PAL for the project. As the preferred project alternative has not yet been determined, the MHC recommends that these Whereas clauses and the first and second stipulations on page 2 be removed and replaced with the following stipulations:
1. Scaled existing and proposed conditions project plans for the preferred project alternative shall be provided to all signatories for their review and comment as they are developed.
2. An intensive (locational) archaeological survey (950 CMR 70) shall be conducted by a qualified archaeological consultant, under a State Archaeologist's permit for intensive (locational) archaeological testing, within archaeologically sensitive portions of the project impact area.
If archaeological resources are identified, CACO shall apply the National Register criteria of eligibility (36 CFR 60), and consult with the SHPO and THPOs to develop and implement a plan, that may include archaeological site examination and/or archaeological data recovery, to avoid, or mitigate any adverse effects to significant archaeological resources.”
Committee members noted that item 2 above is problematic, given the very large size of the project area. The Committee does not believe that mere inundation would adversely affect archaeological resources, especially in view of the fact that the estuary was historically subject to tidal flow for hundreds of years prior to the construction of the Chequessett Neck Road dike in 1909. The group reviewed maps showing the high and moderate sensitivity areas for both pre-European contact and post-contact periods. Deborah Coxe commented that it is not possible to know whether inundation would create adverse effects without knowing whether and where there are historic and archaeological resources present. It may be possible to reduce the size of the Area of Potential Effect (APE) but baseline information would be needed first. Jim Harmon
suggested focusing on the high and moderate sensitivity areas in refining the APE.
The group agreed that it would be helpful to provide MHC with a better understanding of the complexity of the Restoration Project. The HRRC offered to host a site visit and meeting with MHC staff. Holly Herbster suggested that PAL prepare a revised internal draft PA that addresses some the basic suggestions of the MHC comment letter. Bill Burke agreed to contact MHC staff to set up a time to meet with them, perhaps in late February.
Holly Herbster agreed to prepare a revised internal draft Programmatic Agreement and provide it to the HRRC for review prior to its February 7, 2013 meeting. Bill Burke offered to contact MHC officials to set up a site visit and meeting. Tim Smith will develop a presentation on the Restoration Project for that meeting. Tim Smith, Bill Burke, Jim Harmon, Eric Derleth, Holly Herbster and Deborah Coxe agreed to participate in the meeting with MHC. Margo Fenn will invite Bill Burke and Jim Harmon to attend the February 7, 2013 HRRC meeting.
MOU III Development: The Committee reviewed a draft agenda for the January 17, 2013 meeting of the MOU III Working Group. The group also reviewed a rough draft work plan for MOU III development. Hunt Durey noted that the Working Group would likely need legal counsel to help in crafting the preliminary draft MOU. The Committee agreed to provide the Working Group with the following documents in preparation for its first meeting:
-A meeting agenda
-A copy of the existing MOU between the Seashore and the Towns (MOU II)
-A list of tasks that the Herring River Restoration Committee and other project partners will be undertaking in the coming months and years
-A draft work plan for developing MOU III.
Project Funding Needs-NOAA Grant Scope of Work: At its December 13, 2012 meeting the HRRC developed a draft list of project funding needs to be included in an application for a NOAA grant. The list included:
-CNR final design
-Mill Creek Dike design
-Pole Dike Creek tide gate design and/or
-Design and evaluate flood proofing options for properties
-Final design for CYCC golf course
-Road elevation design (3 levels of engineering design)
-High Toss Road design
-High Toss culvert or bridge design
-Permitting, including wetland delineation
-LOMR/CLOMR
-Cultural resource Phase 1B investigations
-Monitoring for listed-species
-Vegetation management plan
-Project coordination
-Project administration/technical coordination
-Remote tide/water monitoring set-up
-Plans and specs
-Herring run improvements (culverts)
-Legal assistance for landowner agreements
-Legal assistance for project management authority
Tim Smith noted that he had developed some rough cost estimates for these tasks, totaling roughly $3 million over a three-year grant period. The Committee discussed the grant application process and agreed that the Friends of Herring River should be the grant applicant. Don Palladino noted that FHR would need to submit a number of documents to NOAA in order to be eligible to apply. Letters of support will be very important. The group agreed to seek support letters from the Towns of Wellfleet and Truro, state and federal legislators, NPS, the MA Division of Marine Fisheries and perhaps, the Atlantic States Marine Fisheries Council.
Tim Smith and Eric Derleth agreed to prepare a draft grant application, using information about habitat and managed species in the DEIS/EIR. Don Palladino will prepare a template for letters of support and contact the groups outlined above. The HRRC agreed to review the draft grant application at its February 7, 2013 meeting. The application should be filed online no later than February 15, 2013.
DEIS/EIR Response to Comments and MEPA Scope: The Louis Berger Group (LBG) is in the process of reviewing all the comments on the DEIS/EIR and developing “statements of concern” to group the comments into categories for responses. These categories will roughly follow the impact topics laid out in the DEIS/EIR. The draft “statements of concern” should be completed in the next week.
The Committee discussed some of the agency comment letters on the DEIS/EIR, including comments from the MA Department of Environmental Protection (DEP), the Massachusetts Natural Heritage and Endangered Species Program (NHESP) and MA Coastal Zone Management (CZM). The group discussed the agenda for the upcoming Technical Working Group (TWG) meeting and agreed that it is important to reconfirm the proposed regulatory strategy with the TWG. The Committee also agreed to set up separate meetings with DEP and NHESP officials in order to clarify how to respond to their comments on the DEIS/EIR.
Adaptive Management-Next Steps: Tim Smith and Eric Derleth have been working with Charlie Roman of NPS and Mark Borrelli of the Provincetown Center for Coastal Studies (PCCS) to plan an expert workshop on Adaptive Management. PCCS will send out a Request for Qualifications seeking a consultant to help plan, conduct and write up the results of the workshop. The group is compiling a list of experts in the different technical fields needed to develop the Adaptive Management models and protocols. It is anticipated that this would be a three-day workshop conducted in late spring of this year.
Low-Lying Property (LLP) Outreach: Steve Spear reported on a site visit that he made to a property in the Mill Creek basin. The Committee discussed possible approaches to flood mitigation for this property, including building a flood barrier on the lot. The group agreed that it would be helpful to have some photographs of similar installations elsewhere for the property owner to consider. The Committee may need to engage the services of a landscape architect to develop a site design but it is important to gauge the homeowner’s interest before doing so. Steve Spear agreed to contact the property owner to follow up on this proposal.
The Committee reviewed a list of properties that might experience some form of structural impacts (i.e. physical impacts to a building, well, septic system, driveway, etc.). The majority of these property owners had responded to the letter that was sent to LLP owners in October but there are eight properties where the owners have not responded. A follow up letter might be needed to these owners at a later date. The Committee agreed that it is most important to respond to those who have requested information first. Margo Fenn asked HRRC members to recheck the status of the inquiries that they have been assigned to make sure that there are no loose ends. It is also very important to keep a record of interactions with property owners using the Zoho system. Margo Fenn also suggested that HRRC members provide her with copies of the
emails and attachments that they send to LLP owners so she can keep a central file of these communications.
Pubic Outreach and Landowner Engagement Plan: Margo Fenn reported that she had drafted an outline for a Public Outreach/Landowner Engagement Plan. This matter will be reviewed and discussed at the February 7, 2013 HRRC meeting.
Other Business:
The Friends of Herring River offered to prepare a newsletter to update the public on the status of the Restoration Project. Don Palladino will review the draft newsletter material with Tim Smith and Margo Fenn.
Charleen Greenhalgh agreed to contact FEMA officials to see if the HRRC can get further information about the latest FEMA modeling and maps.
Documents Referred to in the Meeting:
-Minutes of the December 12, 2012 and December 13, 2012 HRRC Meetings
-July 16, 2012 letter from the Massachusetts Historical Commission regarding the draft Programmatic Agreement with the National Park Service for the Herring River Restoration Project
-Draft agenda for the January 17, 2013 MOU III Working Group meeting
-Draft work plan for developing MOU III.
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