Approved Meeting Minutes
Herring River Restoration Committee (HRRC)
Cape Cod National Seashore Headquarters
Wellfleet, MA
November 7, 2013
9:30 am-5:00 pm
Members Present: Tim Smith, Hunt Durey, Eric Derleth, Steve Spear, Steve Block, Charleen Greenhalgh, Hillary Greenberg, Gary Joseph
Others Present: Margo Fenn, Don Palladino, Alan Platt, John Portnoy, Eric MacMillan
Administration/Coordination:
Communications/Coordination with Friends of Herring River (FHR): Don Palladino reported on FHR activities. The Committee reviewed a recent Cape Cod Times article and discussed how to provide better information about the Restoration Project to the public and the press. Members noted that there has been confusion about the recently updated FEMA Flood Insurance Rate Maps (FIRM) and how they relate to the Restoration Project. The group agreed again that a white paper is needed to explain the differences between the flood zones shown on the FIRM maps and the expected changes in water surface elevations based on Restoration Project modeling.
Steve Spear offered to draft a white paper explaining the differences between the flood zones shown on the FIRM maps and the expected changes in water surface elevations based on Restoration Project modeling. Don Palladino and Margo Fenn agreed to review the Public Outreach and Landowner Engagement Plan approved by the Committee in the spring of 2013 and identify key action items and messages for future outreach.
Don Palladino reported that the Massachusetts Bays Program (MBP) would offer a new round of grants. The deadline for applications is November 22, 2013. The Committee discussed ongoing needs for modeling and agreed that it would be helpful to have the Woods Hole Group prepare some model runs to evaluate the effects of installing tide control at Pole Dike Creek.
Don Palladino also reported that he and John Portnoy had taken a group of citizens out to High Toss Road to discuss options for removal or reconstruction of the road. He noted that the participants supported the idea of removing the road to improve tidal flow, and suggested that some type of pedestrian bridge be installed to allow for walking access to Griffin Island. Margo Fenn noted that the MOU Working Group had discussed this several times and that Dennis Murphy had offered to discuss this issue again with the Wellfleet Board of Selectmen. Margo Fenn offered to contact Dennis Murphy and Harry Terkanian to check on the status of the Wellfleet Selectmen’s position on this matter.
Approval of Draft Minutes: The Committee voted unanimously to approve the minutes of the September 11, 2013 workshop and September 12, 2013 HRRC meeting.
Meeting Schedule: The Committee agreed on the following schedule for upcoming meetings:
December 5, 2013: Regular HRRC Meeting
December 11, 2013: MOU Working Group Meeting
January 16, 2014: Regular HRRC Meeting
Fuss & O’Neill (F&O) Engineering Update: Nils Wiberg of F&O joined the group and provided the following update:
Mill Creek
-Alternatives Analysis: At the September HRRC workshop, the general conclusion was that the earthen dike would be the most advantageous alternative, subject to confirmation of actual subsurface conditions prior to 25% design. For purposes of the F&O report, the adjacent CYCC subsurface soil conditions will be assumed to be at the MC dike. F&O will indicate ramifications if soil conditions are different from the CYCC boring, but based on how poor those were, it is likely that differing conditions would mean something more suitable for a structural alternative. If this were the case, the earthen embankment would still be feasible (and less costly due to better foundation conditions), but the structural alternative would become more competitive the better the soil conditions are found to be. These considerations
will be addressed in the report.
-F&O agreed that the control of water approach would be under existing conditions and much less complex/costly than control of water for the CNR dike. F&O will update the costs to refine the numbers and provide explanations for respective items to clarify conditions/assumptions for those and understand how they might be affected by alternative scenarios.
Chequessett Neck Road (CNR) Dike
F&O has been working with the FHR and town officials to get the necessary permits to begin geotechnical investigations at the Chequessett Neck Road dike. Drilling is expected to begin on November 18, 2013 and continue for most of that week.
-F&O has been looking into AIT bridge technology and its potential applicability for the CNR and Mill Creek structures. From this limited review, F&O agrees that it should be considered since it does have potential benefits given its lighter construction footprint, but the arch system does have structural limitations and is most suitable for open culverts with good foundation conditions where access is difficult (i.e., where delivery/placement of large structural elements is difficult). In order to more fully evaluate this structure type for the CNR dike, it would require a lot more time and detail regarding foundations, concrete panels, gates, fishing platforms, costs, etc. Considering all of the unique elements of the CNR structure, F&O would not recommend pursuing the AIT design further, but would if HRRC
feels is appropriate for diligent review of the alternatives. For the Mill Creek dike, this structure could potentially be considered, but only after the subsurface conditions are verified, where a cost-analysis could be performed for the required foundation elements vs. the precast boxes currently considered.
Meeting with the Massachusetts Department of Transportation (DOT): The HRRC had planned to invite MA DOT officials to attend its December 5, 2013 meeting. However, the Committee decided that it would be better to have a smaller group meet with DOT officials at their office, sometime in January. Tim Smith and Hunt Durey agreed to coordinate with Nils Wiberg to set up a meeting with MA DOT officials to brief them on the proposed 25% design for the CNR bridge.
The Committee discussed how to conduct needed geotechnical work for the Mill Creek dike and whether F&O’s final report on the Mill Creek options should be delayed until this work is completed. Nils Wiberg agreed to put together a cost estimate for geotechnical investigations for the Mill Creek dike. Hunt Durey will explore funding options for this work. Margo Fenn agreed to check with Peter Shelley to see if the RAE-NOAA engineering grant can be extended for a few months to allow for the geotechnical work to be completed before finalizing F&O’s Mill Creek report.
Informational Updates:
Update on MOU III Development: Margo Fenn reported that Friends of Herring River (FHR) representatives had the met with the Boston law firm of Anderson and Kreiger to discuss a list of legal questions regarding the creation of a new management organization for the Restoration Project. FHR has signed an agreement with Anderson and Kreiger to provide legal analysis. Their report is expected in late November. The Committee agreed that the November meeting of the MOU Working Group should be postponed until the Friends of Herring River receives the legal report from Anderson and Kreiger.
Consultations with State Agencies:
MA DEP: Hunt Durey updated the Committee on recent discussions with MA Department of Environmental Protection (DEP) officials regarding the permitting strategy for the Restoration Project. HRRC representatives met with DEP officials in early October. Under DEP’s proposed new ecological restoration regulations, the Herring River Project might not need to seek a Wetlands Protection Act variance.
Section 10.24(8)(a) of the new regulations allows approval of an Ecological Restoration Limited Project that “may result in the temporary or permanent loss of Resource Areas and/or the conversion of one Resource Area to another when such loss is necessary to the achievement of the project’s ecological restoration goals.” There are no thresholds for the amount of alteration/loss allowed so long as the issuing authority determines that the project complies with the other applicable Ecological Restoration Limited Project provisions.
Section 10.24(8)(e)1. “Tidal Restoration Project provides that: A project that will restore tidal flow and that does not meet all the eligibility criteria set forth in 310 CMR 10.13 may be permitted as an Ecological Restoration Limited Project provided that in addition to the criteria set forth in 310 CMR 10.24(8)(a) through (d), the project including any proposed flood mitigation measures will not significantly increase flooding or storm damage impacts to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure.”
Using these new regulations could allow the Restoration Project to be permitted through Orders of Conditions from the Wellfleet and Truro Conservation Commissions. The idea would be to submit one “umbrella” application that covers all the primary Project elements that will definitely be required to achieve tidal restoration within the main Herring River basin, including all the dike/bridge/tide gate work, road work, and flood protection measures for private properties. Secondary activities that may or may not be necessary, depending on adaptive management and private landowner negotiations, (such as vegetation management, channel dredging, and other flood protection actions) would be approved as “potential work” and handled with subsequent permit amendments for specific locations and properties.
One issue that is still unresolved with DEP is what constitutes a significant increase in flooding impacts. DEP officials have requested more detailed information on projected impacts to private lands. Tim Smith is preparing that information and HRRC representatives will set up another meeting with DEP in late November to review it.
Natural Heritage and Endangered Species Program (NHESP): Tim Smith provided additional information to NHESP several months ago. An issue arose at the November 6, 2013 TWG meeting about how to handle rare species issues under the Wetlands Protection Act (WPA) if the Restoration Project is not seeking a variance. Hunt Durey agreed to consult with DEP and NHESP officials regarding the WPA issue. Tim Smith and Eric Derleth plan to meet with NHESP regarding the crafting of a Habitat Management Plan.
Massachusetts Historical Commission: Tim Smith reported that NPS Archaeologist Jim Harmon would work with Cape Cod National Seashore officials to develop a scope of work for the Phase 1B Cultural Resource investigations.
Low-lying Property (LLP) Outreach: The Committee discussed several recent inquiries from LLP owners and assigned members to follow up.
Discussion:
Project Management Associate: The Friends of Herring River received 22 applications in response to its job posting. A screening committee reviewed the applications and selected the four most qualified candidates to interview. The interviews were conducted earlier this week.
The Committee discussed the candidates and reviewed their qualifications and skills. The group agreed that a detailed work plan is needed to guide the work of the Project Management Associate. This is particularly important because the person will be working independently as a contractor, without daily supervision. The Committee agreed that the goal is hire someone full-time but acknowledged that the workload would vary from week to week. For this reason, the group agreed that it should be structured at an hourly rate of pay, and the selected contractor should keep time sheets and provide a regular work log to document his/her activities with each invoice. The Committee agreed upon a candidate to recommend and Don Palladino agreed to follow up with that person.
Don Palladino agreed to contact the recommended candidate and develop an employment contract for the Project Management Associate. Margo Fenn will work with Tim Smith to draft a work plan for the Project Management Associate. The HRRC will review the Work Plan at the December 5, 2013 meeting. The goal is to have the new person begin work in early January 2014.
Chequessett Neck Road (CNR) Dike Contract with Fuss & O’Neill: Don Palladino reported that he had issued a limited Notice to Proceed to Fuss & O’Neill under the NOAA grant-in order to permit the geotechnical investigations to begin. There is $25,000 currently available through the Massachusetts Environmental Trust (MET) grant for the 25% bridge design and additional funding will be available later in the year. Don Palladino will put together a full Notice to Proceed for the 25% CNR bridge design after the geotechnical work is completed.
Other NOAA Grant Contracts:
Low-lying Property (LLP) Flood Prevention: Tim Smith drafted a Request for Proposals (RFP) for a qualified contractor to perform surveying and engineering work for a selected number of LLPs. The draft RFP was sent out to the Committee prior to the meeting. The Committee briefly discussed the draft RFP and made a number of suggestions. The idea is to select a qualified contractor to do the work, then execute specific contracts with that company for work on specific properties.
Pole Dike Creek Road/Culvert Design: Since CLE Engineering prepared the conceptual plans for raising Pole Dike Road, HRRC members suggested contracting with CLE to do the 25% design for raising Pole Dike Road and installing a tide gate in this location. Eric MacMillan of NOAA noted that he would have to check and see if this contract would fit the criteria for awarding a sole-source contract for this work. Hunt Durey noted that the MA Division of Ecological Restoration (DER) has a list of pre-qualified vendors to do restoration work. It would be good to know if this process would satisfy NOAA’s criteria for competitive bidding of projects. Hunt Durey also noted that funding to do needed hydrodynamic modeling work for Pole Dike Creek might be available from the Corporate Wetlands Restoration Partnership.
Tim Smith agreed to check with Kirk Bosma regarding a scope of work and cost estimate for needed modeling related to the Pole Dike Creek engineering. Eric MacMillan offered to check to see if the Pole Dike Creek work would qualify for a sole source contract.
The Committee briefly discussed the idea of relocating Pole Dike Road to the former railroad right-of-way (ROW). John Portnoy offered to check on the ownership of the ROW in this location.
Adaptive Management: Tim Smith reported that the National Park Service had contracted with the Woods Hole Group and the Provincetown Center for Coastal Studies to conduct the workshop on adaptive management models. Several meetings are planned over the coming months. Tim Smith agreed to provide the HRRC members with a list of upcoming meetings related to the Adaptive Management process.
Respectfully submitted,
Hillary Greenberg-Lemos
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