CAPE COD NATIONAL SEASHORE ADVISORY COMMISSIONTHREE HUNDRED AND SECOND MEETING

HELD AT CAPE COD NATIONAL SEASHORE, Marconi Station

Area, Park Headquarters, South Wellfleet, Massachusetts,on Monday, March 14, 2016, commencing at 1:11 p.m.

SITTING:

Richard Delaney, Chairman Larry Spaulding

Lilli Green Joseph Craig Sheila Lyons Judith Stephenson Mary-Jo Avellar MaureenBurgess

Nat Goddard, alternate Bob Summersgill, alternate Kathleen Bacon,alternate

Also present:

George Price, Superintendent

Kathy Tevyaw, Deputy Superintendent

Robert Cook, Acting Chief of Natural Resources and Science Mary Hake, Natural Resource Specialist

Courtney Butler, Centennial Volunteer Ambassador Audience members

LINDA M. CORCORAN CERTIFIED COURT REPORTER

P. O. Box 4 Kingston,Massachusetts 02364

(781) 585-8172

I N D E X

Page

Adoption of Agenda ...... 3

Approval of Minutes of Previous Meeting

(January 11, 2016)...... 4

Reports of Officers...... 5

Reports of Subcommittees ...... 5

Nickerson Fund Update ...... 6

Update of Pilgrim Nuclear PlantEmergencyPlanning.6

Superintendent's Report...... 13

Storm Damage/Erosion Update ...... 13

Shorebird Management Plan/Environmental Assessment Update ...... 26

Natural Resource Management Projects - Bats . ...28

National ParkServiceCentennial...... 43

Herring River Wetland Restoration ...... 49

Highlands Center Update ...... 50

NPS Policy on the Use of UAS - Drones ...... 56

Old Business ...... 69

New Business ...... 70

Date and Agenda for Next Meeting ...... 70

Public Comment ...... 73

Adjournment...... 75

Reporter's Certificate ...... 77

1P R O C E E D I N GS

2MR.DELANEY:Taketwo.At this time we allhave

3to speak loudly and clearly and articulate wellbecause

4the machine might not be working as it is supposedto.

5Okay, so with that said, I am pleased tocall

6together or call to order the 302nd meeting of theCape

7Cod National Seashore AdvisoryCommission.

8ADOPTION OFAGENDA

9MR.DELANEY:As always, you have an agendasent

10out in advance and minutes, and unless there areany

11suggested changes, let's adopt theagenda.

12MS.AVELLAR:Somoved.

13MS.GREEN:No.

14MR.DELANEY:Notyet?

15MS.GREEN:Notyet.On page 70--

16MS.LYONS:This is just theagenda.

17MS.GREEN:Theagenda?Oh, I'msorry.

18MR.DELANEY:I'm talking about theagenda.

19MS.GREEN:Sorry.

20MR.DELANEY:So I do have a motion, andwe'll

21accept asecond.

22MS.BURGESS:Second.

23MS.STEPHENSON:Second.

24MR.DELANEY:All those approve, signify bysaying

1aye.

2

3

BOARDMEMBERS:Aye.

MR.DELANEY:Okay, we'll work off thisagenda.

4APPROVAL OF MINUTES OF PREVIOUS MEETING (JANUARY 11,2016)

5MR.DELANEY:And then we will have -- dothe

6minutes, and Lilli's about to make a comment onthe

7draftminutes.

8What would you like toamend?

9MS.GREEN:Page70.At the bottom of thepage,

10Mary-Jo Avellar was clarifying that there wasone

11abstention.It wasnotMary-Jo.It wasme.

12MR.DELANEY:Okay,allright.That'sduly

13noted.

14Any other edits, changes, or corrections tothe

15draft minutes asprinted?

16(Noresponse.)

17MR.DELANEY:Okay, hearing none, let's take avote

18on approval of the minutes with thatchange.

19All those in favor, signify by sayingaye.

20BOARDMEMBERS:Aye.

21MR.DELANEY:Opposed?

22(Noresponse.)

23MR.DELANEY:Good,allright.And those werethe

24minutes from January11.

1REPORTS OFOFFICERS

2MR.DELANEY:Now, reportsfromofficers.I

3believe there are none, but I will use thisopportunity

4to introduce to us, to you Kathleen Bacon, who isback

5here.And she's been recently nominated by Wellfleetto

6be the alternate to thisgroup.

7So thank you for volunteering forthat.

8MS.BACON:Thankyou.

9MR.DELANEY:This is yourfirstmeeting.You'll

10see we have a flowtoit.Most of the alternates areat

11the table -- I mean, the delegates are atthetable.If

12not, we hope you'd be available to step in whenneeded.

13And we also have a chance for alternates tocontribute

14during the discussion on certainthings.

15MS.BACON:I'll just go withtheflow.Thankyou.

16MR.DELANEY:Good,great.Soundsgreat.

17REPORTS OFSUBCOMMITTEES

18MR.DELANEY:So how about reportsfrom

19subcommitteechairs?As always, Maureen, would youlike

20to give us an update on the Pilgrim NuclearPlant

21Emergency PlanningSubcommittee?

22MS.BURGESS:Sure.Can I just say a wordabout

23Nickersonfirst?

24MR.DELANEY:Oh,sorry,Nickerson.Thankyou.

1NICKERSON FUNDUPDATE

2MS.BURGESS:We met this morning on theNickerson

3Fellowship Committee, and we hadsixproposals.Andwe

4were able to -- we have a fund of $3,000 to workwith,

5so it's not a big potofmoney.It's always goodif

6someone would like to contribute totheNickerson.Via

7the Friends at the Cape Cod National Seashore, youcan

8earmark your contribution for theNickerson.

9We were able to fully fund one and offerpartial

10fundingtoanother.So Sophia Fox will be lettingthose

11winners know, so I can't reveal who they areuntil

12they'renotified.

13UPDATE OF PILGRIM NUCLEAR PLANT EMERGENCYPLANNING

14SUBCOMMITTEE

15MS.BURGESS:With regard to the PilgrimNuclear

16Planning Subcommittee, as you know, the focus hasbeen

17on the recent information that they will be closingdown

18in2019.Of course, the concern for many people iswhat

19is going to happen to fix the flaws that arecurrently

20in the plant and with regard to operations beforethat

21time and, also, what is going to be put in placein

22terms of making sure they've raised enough moneyto

23decommission properly so that the taxpayers don't get--

24have to foot thatbill.

1So I wanted to update you on a couple ofthings.

2Number one -- I did give youtwohandouts.Withregard

3to the decommissioning, for your information, onMarch

423 at the Plymouth Public Library at 7 p.m.there's

5going to be a decommissioning forum focusing onwho

6should pay and just trying to keep the focus onEntergy

7having their feet held to the fire to make surethat

8they stay on target in terms of proper fundingfor

9decommissioning so they don't walk away and it fallsto

10thetaxpayers.There is an extended dead-- -- soI

11encourage anybodytogo.I have a phone number forthe

12library, if you'd like, I can give you afterthe

13meeting.

14The NRC extended the deadline fordecommissioning

15comments up until March 18, so it'scomingup.Thiswas

16a first step towards developing a regulatory basis fora

17new rule on decommissioning commercial nuclearpower

18plants.And those comments, again, I have a linkif

19you'd like to refer to the docket number where youcan

20make your comments up until thattime.

21You will recall that we as an advisorycommission

22have supported bills by both Representative Peakeand

23Senator Wolf around Pilgrim, and we have writtenletters

24insupport.And in the fall I did represent youby

1testifying up on Beacon Hill in support of oneof

2Senator Wolf'sbills.

3I wanted to give youanupdate.Let me startwith

4thegoodnews.It looks like the Peake andFerrante

5bill, House Bill No. 2167, an act relative toemergency

6planning, has moved out of committee, and it lookslike

7it has a chancetopass.Specifically, it directsMEMA

8-- that's Massachusetts Emergency Management Agency--

9to assess and report on the preparedness plans fora

10radiological accident at both PilgrimandSeabrook.So

11that would include not only emergency planningzoning

12and evaluation of current procedures, but theentire

13gamut.And it would require them to make theirplan

14public, and if it is reviewed by the Governor andhe

15finds it deficient, he has the right to send it backand

16have it re-looked at to rejectitbasically.Soat

17least that'ssomething.

18With regard to Sarah Peake's other bills, H.230--

192030, that was the Department of Public Healthfunding

20for radiological monitoring outside of theimmediate

21area around Pilgrim, which would includeCapeCod.That

22has been -- it looks like it's been extended forfurther

23study, which basically means restinpeace.It'snot

24goinganywhere.The one with regard to --including

1extending the emergency planning zone to 50 miles,that

2is still -- I guess there is a possibility thatthat

3might be, but I haven't -- has anyone heardanything

4with regard tothat?

5MS.GREEN:I know that the deadline to movebills

6out of committee is Wednesday the end of the day,this

7weekWednesday.

8MS.BURGESS:So it's not looking too goodon

9either ofthose.

10And then Dan Wolf's Bill 1797, which wouldhave

11imposed a $10,000 fee on each bundle of spent fuelrods,

12that has been put out forfurtherstudy.There's afear

13of challenge of preemption because thefederal

14government has the right of preemption over whatthe

15staterequires.So that doesn't look like it's goingto

16move, but the one which imposes a $25 million fee toput

17in escrow monies for decommissioning looks like itmay

18have abetterchance.So that's where we are withthose

19bills.

20Oh, one big thing that happened was that sevenNRC

21engineers, Nuclear Regulatory Commissionengineers,

22filed a petition with their employer to eithercorrect

23or shut down all 99 plants in the U.S. due to adesign

24flaw in the electrical power system, and that systemis

1needed to cool thereactorcore.And they've askedfor

2a response from the NRC byMarch21.So localactivists

3in response to that submitted a petition to thefederal

4regulators calling on them to fix that same flaw inthe

5Pilgrim plant, and that was written by MaryLampert,

6president of the Pilgrim Watch, and co-signedby

7organizations which we are familiar with likeCape

8Downwinders, Jones River Watershed, DuxburyNuclear

9AdvisoryCommittee.

10So I think those aretheessentials.Iprobably

11have been following in the Cape Cod Times, you know,the

12continued problems with operations at Pilgrim, soI

13won't enumerate all of them because Christine Legerehas

14been doing a good job on keeping us up to date onthat.

15So unless anybody has any questions or if Sheilaor

16Lilli want to chimein.

17MS.LYONS:I don't really haveanyquestions.I

18think that they're doing a good job, and the Timeshas

19done a very good job of keeping the focus on this,but

20in addition, if anybody has picked it up, therehave

21been a couple of documentariesonPBS.One wasjust

22recently about the Fukushima fifth anniversary --and

23that was really an eye-opening experience -- andhow

24that is draining into the drinking water andtheir

1efforts to contain that right fromthebeginning.AndI

2think there's a reporter who's going tocontinue

3reportingonthis.He just -- his name is escapingme,

4but he was in the field in theMiddleEast.And hehad

5an accident and had his arm blown off, ifanybody

6remembersthis.

7MS.STEPHENSON:MilesO'Brien.

8MS.LYONS:Miles O'Brien,that'sright.Therehe

9is.So Miles O'Brien is going to be continuinghis

10focus on this, so it is going to be I think allthis

11month.And it is eye-opening, it is frightening, andI

12think it's right in line of what we're looking athere.

13Thankfully, it is not a disaster that we're facing,but

14all of those conditions, you know, we've all fearedthat

15it's been seeping into our airways,ourwaterways.I'm

16sure it is inslowtrickles.So it'salltimely.Just

17anFYI.

18MR.DELANEY:Are thereanythoughts?Judy?

19MS.STEPHENSON:Maureen, I didn'tunderstand.

20Who's petitioning the nuclear regulatoryagency?

21MS.BURGESS:So a group of -- so sevenengineers

22that work for the NRC--

23MS.STEPHENSON:Theythemselves?

24MS.BURGESS:They themselves petitionedtheir

1employers at the NRC and said basically, "Fix themor

2shutthemdown.This isveryserious."And theyhave

3till March -- they're hoping to have a response byMarch

421, but there are people, you know, in our arealike

5Pilgrim Coalition, Pilgrim Watch who really stay ontop

6of this, and they immediately, some of thesegroups,

7pulled together their own petition, which they sentto

8the NRC to supportit.

9MS.STEPHENSON:Does the NRC have a balanced --a

10fullboard?

11MS.BURGESS:Yeah, there's --what?

12MS.STEPHENSON:Well, they wanted toappoint

13someone and Republicans werestallingthis?Doesanyone

14know what the status of the boardis?

15MS.BURGESS:I don't -- I thought they werefully

16staffed.I could bewrong.

17MS.STEPHENSON:I'm out of date, so I--

18MS.BURGESS:I know that their last twochairmen

19both recommended not starting Pilgrim up again, andthey

20both werevoteddown.They both were in oppositionto

21relicensing Pilgrim for another40years.Jaczkoand

22then a woman that followedhim.

23MR.DELANEY:And then sheresigned.

24MS.BURGESS:Then sheresigned.

1MR.DELANEY:Does everyone havethis?

2MS.BURGESS:I did pass out a couple ofthings.

3MR.DELANEY:Check in yourpacket.

4MS.BURGESS:Look at yourpacket.

5MS.STEPHENSON:No, my packet'sempty.

6MS.BURGESS:I gave you ahandout.

7MS.STEPHENSON:Under the pressclippings?

8MS.BURGESS:Yeah.

9MS.STEPHENSON:No.

10MR.DELANEY:Judy, it's an article on theseven

11engineers who made the statement--

12MS.STEPHENSON:Okay, thankyou.

13MR.DELANEY:-- about their -- to theiremployer.

14I mean, these are sevenengineers.

15Okay, other comments on Plymouth nuclearpower

16plant and the good work of our subcommittee ledby

17Maureen?

18(Noresponse.)

19MR.DELANEY:Okay,thankyou.Hearing none,let's

20move on in the agenda to the Superintendent'sReport.

21MR.PRICE:Thankyou.

22SUPERINTENDENT'SREPORT

23STORM DAMAGE/EROSIONUPDATE

24MR.PRICE:So I wanted to bring up somestorm

1damageupdates.This is notnewinformation.Itseems

2like the last several years I've been talkingabout

3storm damage, but this year both topics or bothareas

4are prettyextraordinary.

5Last month we talked about our field trip thatwe

6made to the Nauset Light BeachinEastham.Ibrought

7everybody down there because we're thinkingvery

8seriously about trying to move forward withactually

9demolishing those facilities after this summerseason.

10They're not even on the list for replacement until2019,

11and that's if thatpriorityholds.So that willbe

12somethingdifferent.And part of the issue isthat

13we've had such severe erosion of the bluff atthat

14particularlocation.

15Since I reported this to you all in January,it's

16even gotten more dire, and we've been downthere

17numeroustimes.Last week I went down with GrahamGiese

18and Mark Borrelli, the coastal scientists fromthe

19Center forCoastalStudies.And now the septic tankis

20within 17 feet of the bluff itself, which ispretty

21concerning.

22So you have to realize that this is an areathat

23when I first came here we were regularly switchingout

24the stairs of that every three, four,fiveyears.Well,

1now this is the fourth year inarow.Last year wehad

218 feet of erosion at thatparticularlocation.Idon't

3even know how many feet it's been so far this year,but

4it just isprettydramatic.And I spoke withGraham

5because if you take a look over the cliff, it's notjust

6at that particular spot where thestairsare.It's

7probably about a mile swath where it'sjust

8extraordinarycutting.And when you look over theedge,

9you can see that there's like 15-20 yards' worthof

10vegetation has fallen over that is either on thebluff

11or is on the beach, and yet up here at the MarconiBeach

12it'saccretingsand.So that beach is gettingwider.

13Those stairs arewellprotected.At Coast GuardBeach,

14it hasn't changedverymuch.I was just there againon

15Saturday.So if you remember, Coast Guard Beachand

16Marconi Beach aren't thatfarapart.So right inthe

17middle is Nauset, and that section is reallygetting

18hammered.

19So Graham was saying that part of it is thatat

20this particular time the majority of the energythat's

21coming off of the North Atlantic and facing theentire

22Cape is just focused onthatlocation.He can tellby

23looking at it, and they're going to do somemore

24research.There just doesn't seem to be anysandbars

1off -- offthebeach.Normally the wave actiontakes

2the sand offthebeach.We have awinterbeach.The

3sandbars line up right beyondthebreakers.You cansee

4various lines of breakers happening before itactually

5gets totheshoreline.That's not happening atNauset.

6So it's really given us this extraordinary amountof

7energy at that particularlocation.

8So Kathy Tevyaw and I have regularly beenspeaking

9with our regional office and trying to solicitsome

10support for emergency funding and to figure outwhat

11we're going to do with this season, figure out how todo

12the demolition and ultimately the relocation ofthe

13facilities.Thrown in there we're also trying toget

14some support to explore the removable stair option,and

15I absolutely understand how people believe,"Well,

16that's acommonsensething.Why didn't you dothat

17yearsago?"Well, for one thing, for the cost ofthe

18stairs, for the cost of what removable stairs willcost,

19if you only replaced it once every three, four,five

20years, it wasn'tthatmuch.It wasexpendable

21construction.But now if it's an every yearthing,

22obviously that ups the ante, and therefore, it makesit

23more interesting toexamineit.The other reasonit's

24not all that easy to figure, however, is all thedesigns

1we've looked at still require a substantial base ontop

2ofthebluff.So understand we don't just losethe

3stairs, but we losethebluff.So if you've investedin

4a foundation on top and it gets undermined, well,then

5that's no longer viableeither.

6So there's no easy solutions here at all, butif

7you haven't been down to Nauset Light, takealook.Our

8staff just removed the rest of the boardwalk thathad

9been going down to the walkway that is closest tothe

10bluff.We left part of that boardwalk becausepeople

11could at least go out a little bit further for aviewing

12platform, and nowthat'sundermined.So it's very,very

13impressive and a little bit scary forsure.

14So we're facing a couple of things; number one,to

15make sure that we've got a safe, viable facilityfor

16this season and then, number two, getting supportfrom

17our regional office to move ahead with thedemolition

18after the season and come up with interim plans untilwe

19get a new facility constructedonthere.So forthose

20of you that were on the field trip last time, it'seven

21more dire today than it wasthen.

22Moving to the Herring Cove North parking lot,it's

23a similar story in that years ago we justhad

24intermittent dimples, if you will, that neededrepairs.

1The last several years in a row we've had toprovide

2major repairs to the revetment area at HerringCove

3North.What's happened now is a little bitdifferent

4scenario in that this year there's so much damageat

5Herring Cove North, the cost of a single repair justfor

6the summer would be as much asalmost$800,000.Andup

7until now we've been spending two hundred, twohundred

8and fifty, three hundredthousanddollars.Peoplehave

9said to me, "Even with that amount, is that a wiseuse

10of money to just do asinglerepair?"And in myopinion

11for serving the visitors, itabsolutelyis.However,

12now if it's as high as seven hundred and seventy-fiveor

13eight hundred, even I have a problem really puttingthat

14in for a repair knowing it's only for oneyear.

15So we're in the process of discussions withour

16Washington offices and the Philadelphia officesof

17staying more in the category of what they've given usin

18the past but letting us try to figure out how torepair

19as much as we can for that dollar amount, to figureout

20how many of the spaces we can actually keep open,and

21then publicize that "This is what we're allfacing,

22folks.Thisisnature."And we still have highhopes

23that the permanent fix, which you all have -- Ithink

24everybody is familiar with, but we went throughthat

1several-year vet, thatyear-longprocess.We now havea

2fix that would, you know, move it back the 125 feetand

3give us something that we believe will have a50-year

4lifespan.That project is about $5 million, andwe

5understand that priority is still on the list for2018.

6So we can -- we feel like we can almost glimpsethat,

7and in speaking with our offices, the Denver officeand

8the Washington and the Philadelphia officesare

9activating the pieces that need to be activated nowfor

10the 2018project.

11So we have aprojectmanager.We'll be goingto

12our design advisory boardinJuly.So allthe

13preliminary things that have to put a project inplace

14arehappening.So even though the 2018 project aswell

15as the 2019 project are not cast in stone,priorities

16can change, especially if there's anotherHurricane

17Sandy or something that we have to react tonationally,

18but I'm feeling very good about thatprioritylist.So

19in light of a 2018 total fix, I think I'm lookingat

20something that's less than afullfix.I haveno

21information at this point how much emergencyfunding

22we'll actually get this yearatall.So it'sstill

23totally up intheair.We wouldn't even be able tomake

24a total assessment of the total damage probablyuntil

1May, anticipating there's still somepotential

2nor'easters that can come in and do some damage,which

3we've had experiencewith.

4So the only good news is that we can saywe

5definitely will still have the parking lot open inthe

6HerringCoveNorth.We just are not sure at thispoint

7how many spaces we would have compared towhat's

8normally there on aregularbasis.So I met withthe

9town manager theotherday.I wanted to make surethat

10you all knew what Iwasthinking.Mary-Jo, Kathy, andI

11met, and then we had a field trip this morning fora

12number of you to actually go out and see whatwe're

13talkingabout.

14So I think we're just -- you know, as I usethe

15term, we're at ground zero for sea level riseand

16climate change, and we're dealing with facilities inthe