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CWMPC meeting minutes 06/17/10
Wellfleet Comprehensive Wastewater Commission
June 17, 2010, 7:00 pm
Wellfleet Sr. Center

Attendees:      Alex Hay, Lezli Rowell, Curt Felix, Ned Hitchcock, Bob Larsen
Guest:          Pat Daley, Cape Cod Commission Director of Water Waste, Helen Wilson, Barbara Brennessel and John Duane Shellfish Advisory Committee, Andy Koch, Shellfish Dept.
                
Chair PersonNameAlex Hay opened the meeting at 7:00 pm.  

Patty Daley – Cape Cod Commission Director of Waste Water
§       57 watersheds on cape are under regulatory jurisdiction for Total Maximum Daily Allowances from DEP for Nitrogen
§       46 are sensitive watersheds
§       ½ cross town boundries
§       Most are south facing with only 2-3 foot tides (as opposed to Wellfleet’s 8-12 ft flushing)
§       Cape Cod Commission is looking at the following mitigation measures:
o       Sewer’s for High Density
o       Cluster for moderate density
o       Onsite for low density
§       Regional vs. strictly Town Based solutions could lead to a $46 billion (?) in savings
§       Wellfleet must obtain DEP approval for its Comprehensive Waste Management Plan
§       Eel Grass growgrowth is a measure of DEP compliance (approaching 1950’s aerial photo levels will be considered a measure of success)
§       7 Sites are sampled in Wellfleet for Nitrogen; these sites are in some cases above one of our possible compliance measures: existing oyster grants and recreational             habitat, possible additional reefs and marsh improvement

Ms. Daley indicated that both the Commission and DEP would be open to and quite flexible about alternatives. She recognized that Wellfleet’s biology is completely unique relative to other regions. She acknowledged that the Town’s potential approach of natural systems built around science, continuous monitoring and alternative systems warrant and will likely be supported by CCC and DEP.  Such discussions are especially important in light of Wellfleet’s nitrogen/algae shellfish carrying capacity.  This clearly needs to be understood so as not to adversely impact the shellfish industry and could limit or restrict efforts to recover, herring, manhedin, scallops and other algae dependent filter feeders. She indicated the commission’s role is a compliance role and fostering cross town collaboration, but would also help Wellfleet coordinate with DEP.

Ms. Rowell asked many questions regarding intent of the regulations. Ms. Daly responded that DEP will drive the TMDL limits and they will be based on impact. Mr. Felix asked where the measurement points would be to determine TMDL compliance and whether the Massachusetts Estuaries Project Model would in fact as the APCC report indicated, base the compliance on flows. In discussions with Mr. Koch, Ms. Daley and Mr. Hitchcock, it appears some of the MEP measurement points are upstream of the shellfish grants and may not adequately take into account the treatment the natural systems may be offering to the harbor and estuaries. She also assured the committee that compliance would be measured based on monitored results from the estuaries and not on modeling. Mr. Felix asked further about the modeling for TMDL limits to which Ms. Daley responded those limits would be based on the best available science from work she acknowledged was largely being conducted in quite different estuaries, with less flow and less natural mitigation compared to the shellfish and marsh structure in Wellfleet. She indicated that the concerns being expressed by Mr. Felix around the setting of TMDL limits should be cooperatively addressed with DEP with respect to the harbors need for food sources for shellfish that depend on nitrogen.  John Duane suggested that the exercise should be fairly easy to quantify in terms of known existing shellfish stock and known nitrogen levels.  Mr. Felix wants to insure that ultimate carrying capacity of the harbor for shellfish and other algae dependent species such as scallops, herring and manhedin is not adversely impacted and that biodiversity is improved not reduced.  Ms. Wilson raised other concerns regarding chemical, personal care products and other possible contaminants besides nitrogen to be sure our waters are healthy and not rely strictly on nitrogen as an indicator.  Mr. Koch, Ms. Rowell and others discussed the possible diseases appearing in shellfish that could be caused by some of these sources and that we must be vigilant beyond the state requirements which may not be comprehensive enough.

Andy Koch representing Wellfleet Shellfish Department provided a detailed map of oyster grants and outlined the departments culching program which is designed to increase the wild catch of spat increasing oyster density for recreational and commercial fishermen. The committee reviewed the current program with respect to possible areas of TMDL concern and a cooperative discussion ensued regarding targeting culch, reefs etc. around areas of possible TMDL concern, including possibly migrating efforts further up Herring River, Duck Creeke and Blackfish Creek/Drummer Cove. It was agreed that real time scientific measurements of nitrogen, ph, salinity and temperature and possibly other data, real time, both above and below the oyster culch and grants would be extremely useful for both the shellfish industry, the Town and DEP relative to the effectiveness and to adjust this type of approach while also providing potentially useful data for industry to improve production practices.

The Committee discussed at some length the possibility of recycling shells from restaurants, commercial and recreational shellfish permit holders to increase the available shell for attracting new spat, consistent with the Shellfish Department’s existing culch program.  The Shellfish advisory committee represented by Helen Wilson, Barbara Brennessel and John Duane expressed some concerns and concurred with Mr. Koch that the shellfish department should be the point of control for the effort. ~Ms. Brennessel expressed strong concern that shell should be weathered so that shellfish diseases do not run the risk of being transferred from one part of the harbor to another and that shellfish from outside Wellfleet served in restaurants is not inadvertently returned to the water before its spat and or possible diseases are killed by weathering. The committee agreed that Mr. Koch is, with the support of the Shellfish Advisory Committee, in the best position to determine the particulars, and that the WCWWP committee’s interest was to support our mutual interests in improving shellfish productivity which ultimately improves water quality and can help the town meet its TMDL compliance requirements. The tentative program will:

1.      set up outside covered barrels for shells at restaurants that would like to participate (barrels will have drain holes to prevent standing water)
2.      Shellfish Dept has agreed to collect every 1-3 days depending on volume
3.      Shells will enter Shellfish Department existing Culch program to enhance spat collection
4.      Wasterwater is trying to direct culch to areas that could be of concern for TMDL
5.      Shellfish Department currently pays for culch so this could reduce (minimally) overall town expense
6.      This could be a great marketing tool for Town and Restaurants

Mr. Koch and Mr. Felix will work out details with the Restaurants who have indicated strong interest:

Pearl – interested and letter of support received (attached below)
Moby’s – interested
Winslow’s – interested
Finely JP’s - interested
Beachcomber – left message
Lighthouse - interested
VR’s – both locations interested
Bookstore - interested
Mac’s – interested
Wicked Oyster – interested


The committee reviewed a Septic Best Practices Guide which the committee has targeted to release publically before the tourist season and was presented by Mr. Felix. Ms. Rowell, Mr. Larsen and Mr. Hitchcock felt the piece should be constrained to 2 pages maximum and discussion ensued regarding format layout and simplicity to attract maximum public receptivity and impact. Mr. Hay and Mr. Felix were tasked to produce a final product for printing and distribution before July. It was agreed that the distribution of a short cardstock or 3 panel version should be targeted to:
~~~~~~~~~~~ Real Estate Agencies
~~~~~~~~~~~ Town Hall
~~~~~~~~~~~ Town Transfer Station
~~~~~~~~~~~ Conservation/DPW Town Offices
~~~~~~~~~~~ Town Hall
~~~~~~~~~~~ Beach Sticker Shack
~~~~~~~~~~~ Shellfish Department
~~~~~~~~~~~ Wellfleet Chamber of Commerce Insert

The long version with references and a web friendly format should be placed on the Wastewater Committee Website.

Mr. Hitchcock raised the question of providing a letter of support for the Town of Orleans request for peer review of Mass Estuaries Project/UMass Dartmouth study which has been somewhat controversial.  The committee concurred a letter of support should be sent.

The April 20, 2010 meeting minutes were approved 4 – 0- 1. Hay Moved, Hitchcock seconded with Felix abstaining.

The May 18, 2010 meeting minutes were approved 5 – 0.  Hay moved, Hitchcock second.

Letter of Support from Pearl was read into the record for shell recycling:

Hi Curt,

Nice talking with you today.~ I think that your idea to collect shells from the restaurant(s) is a good one and as we discussed on the phone, Pearl would be pleased to participate.~ Let me know how and when you want to proceed and we're all in!

Best regards to you and your committee,

Brian Sluis

Hay moved to adjourn the meeting at 9:25, seconded by Larsen, passed 5-0.

Chrstine Bates
on behalf of the Wellfleet Comprehensive Wastewater Committee