Approved Meeting Minutes
Herring River Restoration Committee (HRRC)
Cape Cod National Seashore Headquarters
Wellfleet, MA
December 5, 2013
9:30 am-5:00 pm
Members Present: Tim Smith, Hunt Durey, Eric Derleth, Steve Spear, Steve Block, Charleen Greenhalgh
Others Present: Margo Fenn, Don Palladino, John Portnoy
Administration/Coordination:
Communications/Coordination with Friends of Herring River (FHR): Don Palladino reported on existing FHR grants. He noted that the Massachusetts Bays Program (MBP) Grant is due to be completed by December 31, 2013 and a progress report is due December 15, 2013. Don Palladino agreed to contact Kirk Bosma of the Woods Hole Group (WHG) and put together the required progress report for the grant.
Fuss & O’Neill conducted its geotechnical investigations on the Chequessett Neck Road dike in mid-November. This work was funded by grants from the National Oceanic and Atmospheric Administration (NOAA) and the Massachusetts Environmental Trust (MET). A NOAA progress report will be due April 30, 2014 and a MET progress report will be due in January 2014.
The Friends of Herring River issued a Request for Responses (RFR) for conceptual design for low-lying property (LLP) impact prevention to qualified engineering/survey firms. There will be a bidders teleconference on December 18, 2013 at 2:00 pm in order to answer any questions that potential bidders may have. Responses to the RFR are due on January 9, 2014.
The Committee discussed the idea of using a sole-source contract with CLE Engineering to prepare 25% design plans for raising Pole Dike Road and installing tide gates. CLE prepared the conceptual plans for raising this road and several other road segments. Steve Block noted that FHR needs to document the reasons for pursuing a sole source contract, including:
1) This is logical follow up since CLE Engineering prepared the conceptual design plans;
2) CLE was selected from a list of contractors that were pre-approved by the Massachusetts Division of Ecological Restoration;
3) Using CLE would save government funds, since they are already familiar with the project.
Don Palladino agreed to document in writing the reasons for pursuing a sole source contract. Hunt Durey will provide FHR with a written summary of the DER selection process for pre-approved contractors.
Don Palladino reported that FHR had submitted a new MBP grant application to fund repairs to the Old King’s Highway crossing over Patience Brook. The Committee also discussed some recent press coverage of the Herring Project, including an editorial in the Cape Cod Times.
Don Palladino reported that FHR is creating a Facebook page to help inform the public about the Restoration Project. FHR is also working with the Town of Wellfleet to refine a job description for a new herring warden. The Committee briefly discussed the idea of including management of the estuary’s herring runs as part of the responsibilities of the new Herring River management entity. The Committee agreed that this idea should be suggested to the MOU Working Group at its next meeting.
Approval of Minutes: The Committee voted to approve the minutes of the November 7, 2013 meeting.
Schedule of Meetings: The Committee approved the following schedule for upcoming meetings:
January 8, 2014: HRRC regular meeting
January 22, 2014: MOU III Working Group meeting
February 13, 2014: HRRC regular meeting
Informational Updates:
Update on MOU III Development: FHR is still awaiting a legal report from Anderson and Kreiger. When the report is submitted, it will be circulated to the MOU III Working Group and HRRC members for review.
Consultations with State Agencies: Hunt Durey updated the Committee on the November 19, 2013 meeting with MA Department of Environmental Protection (DEP) officials. He noted that the issue that arose at the November 6, 2013 TWG meeting about how to handle rare species issues under the Wetlands Protection Act (WPA) had been resolved. What remains to be decided is how DEP will handle the question of flood mitigation for ecological restoration projects, where the goal is to restore tidal flow to historic tidelands.
Tim Smith and Eric Derleth will meet with officials from the Natural Heritage and Endangered Species Program later in December to get guidance on how to develop a Habitat Management Plan for the Project.
Herring River Vegetation Map: Mark Adams of the NPS Geographic Information System (GIS) office joined the meeting and made a presentation on some new vegetation mapping of the estuary. Using satellite images, he is creating higher resolution vegetation base maps that will enable the Restoration Project managers to track land cover change as part of the Adaptive Management process. The Committee discussed what estuarine types should be tracked over time. Tim Smith noted that the goal is to integrate this mapping with the hydrodynamic modeling. He suggested that the mapping include areas downstream of the Chequessett Neck Road dike in Wellfleet Harbor.
As part of the upcoming Adaptive Management modeling workshop, Tim Smith and Eric Derleth will consult workshop participants about how to classify and track vegetation types.
Low-lying Property Outreach: Margo Fenn updated the Committee on recent communications with low-lying property owners. There have been some new inquiries and requests for information. Individual HRRC members have been assigned to follow up.
Discussion:
Project Management Associate: Don Palladino noted that there were 22 applicants for this position. FHR and HRRC representatives have met with the top candidate, Martha Rheinhardt (who is currently an employee at the Cape Cod Conservation District) and offered her the position. Don Palladino has contacted the other candidates to let them know that a candidate has been selected. FHR is exploring the idea of contracting with Ms. Rheinhardt through the Cape Cod Conservation District (CCCD). The proposal would be to contract for 35 hours/week of her time for 47 weeks, starting in January 2014.
Margo Fenn noted that a Draft Scope of Work for this position was distributed to the Committee for review. Comments and suggestions on the Draft Scope of Work are welcomed.
The Friends of Herring River will develop a contract for the Project Management Associate position and review it with Martha Rheinhardt and the CCCD.
Mill Creek Dike: The Committee discussed the logistics of geotechnical investigations for the Mill Creek dike. Better information on soils is needed for Fuss & O’Neill to prepare the 25% design plans for a dike in this location. It is difficult to access this site with the needed heavy equipment to do the borings. The Committee discussed various ways to approach the job, including the idea of bringing in equipment by helicopter. HRRC members consulted Nils Wiberg of Fuss & O’Neill by phone and asked that he investigate other options for accessing the site. Current cost estimates for doing the borings range from $63,000 to $75,000. The Committee discussed potential funding sources for doing this work. Very likely, funds from the Year 1 NOAA grant would need to be reallocated for this purpose.
It is possible that MA DER could contribute the work, but this is uncertain at this time. If the full amount is needed from the NOAA grant, the Year 1 NOAA funding would need to be modified as follows:
Current Year 1 Grant Allocation Changed Allocation
Mill Creek Dike Design $-0- $75,000
Pole Dike Creek Roadwork $50,000 $-0-
Phase 1B Cultural Res. $40,000 $15,000
The Committee briefly discussed the projected construction costs for the Mill Creek dike and agreed that geotechnical investigations are necessary to determine a realistic design and cost estimate for the dike. Tim Smith and Margo Fenn agreed to consult Mark Husbands regarding how to address issues with the Mill Creek dike in the FEIS/EIR.
Cultural Resources: NPS Archaeologist Jim Harmon is working on a scope of work for the Phase 1B Cultural Resource investigations needed for design of the Chequessett Neck Road bridge and the Mill Creek dike. Nils Wiberg agreed to work with Tim Smith to better define the area of disturbance for the bridge/dike construction.
NOAA Grant Year 2 Funding Proposal: The Committee discussed priorities for the second year of the NOAA grant funding and noted that the goal is to get the design work for all the key Project elements up to the 25% stage, so that the Project can begin the permitting process.
National Fish and Wildlife Foundation (NFWF) Grants: Eric Derleth reported that the NFWF is seeking grant applications for projects that reduce flood risks from hurricanes. The Hurricane Sandy Coastal Resiliency Competitive Grant Program could provide up to $250,000 to plan projects that restore or enhance wetlands. Applications are due January 31, 2014.
The Committee discussed this grant opportunity and agreed that this could be a funding source for designing some key Project elements such as tide controls at Mill Creek and Pole Dike Creek. The group agreed that preparing a NFWF grant application should be a top priority assignment for the new Project Management Associate.
Preliminary Implementation and Mitigation Plan: Tim Smith reported that the USGS proposal to assist NPS in developing an Adaptive Management Plan for the Herring River Restoration Project has been approved. Tim Smith has been drafting a Preliminary Implementation and Mitigation Plan for the FEIS/EIR, which describes the proposed Adaptive Management process. He noted that he would seek feedback from the USGS team on this approach.
The Committee discussed next steps in completing the FEIS/EIR. Margo Fenn noted that the Concern Response Report prepared by the Louis Berger Group would form the basis for responding to specific comments. Fenn needs to check with MEPA officials to make sure that this approach is acceptable. There are some specific items in the DEIS/EIR text that will need to be changed, but most of the comment responses can be handled through the Preliminary Implementation and Mitigation Plan, which will be a new appendix in the FEIS/EIR.
Margo Fenn agreed to review the draft Concern Response Report and work with Tim Smith and Mark Husbands to prepare a checklist of items that need to be addressed in the FEIS/EIR. She will also check with Holly Johnson of MEPA to discuss how to meet MEPA requirements for responses to comments.
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