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In the News:

Outgoing Commissioner of DEP announces acting replacement 8/28

From Bob Golledge, outgoing Commissioner/new Secretary of the
Executive Office of Environmental Affairs

On behalf of Governor Romney, I am pleased to announce
the appointment of Arleen O’Donnell as Acting
Commissioner of the Massachusetts Department of
Environmental Protection.

Arleen has served at MassDEP for seventeen years, most
recently as the Deputy Commissioner for Policy and
Planning and before that for eleven years as the
Assistant Commissioner for Resource Protection.
During this time Arleen has been a leader at both the
State and the National level in efforts to deliver
environmental results while streamlining regulatory
processes. Arleen has a Master’s of Science degree in
Civil Engineering from Tufts University and a
Bachelor’s degree in Zoology from the University of
Massachusetts.

I have worked closely with Arleen throughout my career
at MassDEP, and I know that her experience and
leadership will serve the agency well. Please join me
in congratulating Arleen and welcoming her to her new
position.

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Housatonic River Natural Resource Damage and Restoration meeting 9/21

The Housatonic River Natural Resource Trustees (MA subcouncil), will hold an informational meeting to present the results of the review team’s round 1 evaluations of project proposals and ideas. The public meeting to present the results of the Round 1 Evaluation will take place on:

Thursday, September 21, 2006
5:30 7:30 PM
Lenox Town Hall
6 Walker Street,
Lenox, Massachusetts 01240

<more>

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BEAT’s report on the Pittsfield Conservation Commission hearing of 8/24

Next Pittsfield Conservation Commission hearing will be 9/14

1. The first item continued from 8/3 and this time continued to 9/14, was a Notice of Intent for 129 Thomas Island Road, listed as a Notice of Intent, but really it was a violation of the Wetlands Protection Act. The violators should have to remove the entire project – especially the huge irrigation system that BEAT feels will pour nutrients into Onota Lake contributing to the weed problems.

2. The next item continued from 8/3 and this time continued to 9/14, was a request for a Certificate of Compliance for 125 Pecks Road by Interprint. As of the 8/3 meeting, the Commission had not received the necessary “As Built” Plans, required by the Order of Conditions.

3. BEAT is particularly interested in the proposed development of Churchill Estates on a medium yield aquifer. BEAT believes there may be jurisdictional wetlands not shown on the developer’s plans. The Commission will hire an independent consultant, Tighe & Bond, to confirm whether this area is or is not jurisdictional. This will be discussed at the 9/14 hearing.

4. The Commission voted to issue a Partial Certificate of Compliance for Phase I of The Pines at Bousquet after receiving assurances that the erosion controls had been repaired and a detention basin had been cleaned out. This Certificate is mainly procedural – DEP no longer allows more than one open Order of Conditions (wetlands permit) on a project. Now when someone looks at a file for the project, all the necessary information should be in one file with reference to the previous, closed out file. BEAT feels that this is a huge improvement!

5. The Commission voted to issue a Determination of the Bordering Vegetated Wetlands (BVW) line on the Williams Street property that Hospice is proposing to develop. They were very clear that the ONLY things the Commission was considering was the BVW line. This property is an important piece of a wildlife corridor between Mass Audubon’s Canoe Meadows Wildlife Sanctuary and October Mountain State Forest. BEAT is suggesting other locations that might work for Hospice that would have far less environmental impact.

Other Business:

A. A third Enforcement Order has been issued.

B. A third Enforcement order has been issued. The violator sent a narrative, that the Commission saw for the first time the day of this hearing, claiming the stream is not perennial, but the Commission did not feel the evidence was “credible” as defined by the Wetlands Protection Act.

C. In regard to the violation at 1685 West Housatonic Street that has been on going since 2002, the owner has signed a contract to have Guntlow Associates perform the restoration once the fill has been removed. This work will be performed by October 25 and inspected by the Conservation Agent in time for the October 26 Conservation Commission hearing.

D. The Chairman of the Commission allowed no discussion of this violation. He told the Agent to talk to the violator and be sure he understood that in addition to removing the carport, he must restore the area.

E. The Commission voted to rescind the Enforcement Order in that the area is restoring itself nicely.

F. The Commission voted to adopt a new policy on violations. After issuing one Enforcement Order, if no resolution is forthcoming, the Commission will turn the problem over to the Massachusetts Department of Environmental Protection (DEP). BEAT is hopeful that this approach will be an improvement. Our one concern is that the Pittsfield Conservation Agent should still keep an eye on the violation. DEP does not have the staff to be checking on these things as often as a local agent could.

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Culverts, Bridges, and Dams Impede Westfield River Wildlife
Nature Conservancy Report Says Connectivity is Key to Watershed Health

Eighty-five dams spanning the Westfield River and a third of the 1,026 bridges and culverts that traverse it pose significant barriers to animals, such as fish, amphibians and reptiles, and to natural river processes, according to a report completed this summer by the Massachusetts Chapter of The Nature Conservancy.

Recognizing this fragmentation as a threat to habitat types across the 330,000-acre watershed, The Nature Conservancy recommended several steps, including incorporating “wildlife-friendly” features into bridge and culvert construction design, and restoration of free-flowing streams on some stretches of the river where outdated dams interfere with high quality habitat for rare or sensitive species. The majority of the 3,000 dams across Massachusetts were built to power mills that ceased operations decades ago. While some of the Westfield’s dams currently provide flood control, water supply, or hydroelectric power, the majority “are serving no apparent purpose today,” according to the report.

“The National Park Service designates the Westfield as a ‘Wild and Scenic River,’ recognizing the beauty and value of 78 miles of the river that flow unimpeded across the Berkshire Plateau,” said Wayne Klockner, Massachusetts state director of The Nature Conservancy. “With this report, we and our partners are able to identify sites as priorities for restoring a free-flowing habitat on additional reaches of this exceptional river.”

Conducted by Aquatic Ecologist Alison Bowden, who will present findings at next month’s American Fisheries Society conference in Lake Placid, NY, the Westfield River Continuity Project was funded by the Massachusetts Environmental Trust and carried out between 2003 and 2006 with the help of 30 Westfield River Watershed Association volunteers. Volunteers surveyed 662 road crossings and all of the dams (most privately-owned) that occur throughout the watershed’s approximately 1,000 miles of rivers and streams.

The study identified 85 dams and 328 bridges and culverts that cause substantial problems for wildlife. Dams, for example, often create insurmountable roadblocks for both migratory and resident fish that are unable to reach spawning and feeding habitat, while animals such as turtles risk death from terrestrial predators and motor vehicles when they are forced to leave the river and cross roads to reach upstream or downstream habitats. The study also notes that dams block critical river processes such as movement of sediment, nutrients and woody debris, and points out that slow-moving, warmer water behind a dam provides unsuitable habitat for cold water-adapted species native to the Westfield, such as brook trout.

Using criteria developed in partnership with the University of Massachusetts/Amherst, The Nature Conservancy ranked 31 of the surveyed dams and road crossings as “Priority One” for removal or redesign, and habitat restoration. Among these is the Virginia Lake dam, which impounds the headwaters of Coles Brook at the watershed’s northwest edge. With funding from the Lowe’s Foundation, The Nature Conservancy purchased that dam and 270 surrounding acres last year and has proposed a project to breach the 50-year-old dam and restore the coldwater stream and associated wetlands. The Nature Conservancy is also working with the Massachusetts Riverways Program and other partners to remove the Ballou dam in Becket, and to improve several road crossings in the watershed.

During the three-year Westfield River Continuity Project, the Conservancy, UMass Extension, and the Massachusetts Riverways Program developed a set of wildlife-friendly “Massachusetts River and Stream Crossing Standards,” which the Army Corps of Engineers have adopted for use on road projects in Massachusetts, Maine and Connecticut. Similar standards are pending in the other New England states, Bowden said.

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Savoy bylaw making wind project uneasy
from an article by Shaw Israel Izikson, North Adams Transcript

A Savoy wind turbine bylaw proposal has planners of the Minuteman Wind project concerned. The company has proposed five 420-foot wind turbines for West Hill on a 293-acre parcel owned by Diane and Harold Malloy, who run a logging operation there. The company intends to build a 12.5-megawatt facility to generate enough electricity annually for about 2,500 homes. Minuteman received a $200,000 predevelopment loan last year from Renewable Energy Trust, a division of the Massachusetts Technology Collaborative.

“We think that the current bylaw they (town officials) are considering is very restrictive and overly complicated. We would like to go into discussions with the Planning Board about the bylaw, and we are preparing some detailed comments,” said Minuteman Wind LLC President Donald McCauley.

Planning Board member Donald Phinney would not give a copy of the proposed bylaw to the Transcript, nor would he explain the details because, he said, “There is so much content in it.” [BEAT note: It would appear that not allowing access to the proposed bylaw was illegal under Mass. Public Record Law (pdf) in BEAT’s opinion.] He said the board hopes to have the bylaw approved at a special town meeting in October.

The Minuteman project is one of a number of wind-power projects that are in the planning stages in the Berkshire region. Others include the Hoosac Wind Power project in the town of Florida and Monroe, and the Berkshire Wind Power project in Hancock.

The wind power company will hold an informational meeting on the project Thursday, September 14, at 7 p.m. at the Savoy fire station.

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Berkshire County landowners invited to wildlife habitat workshop 9/9

A hands-on workshop for Berkshire County landowners interested in enhancing wildlife habitat on their property will be held on Saturday, September 9th, 9:30 am – 12:30 pm at the Eugene D. Moran Wildlife Management Area, Route 8A in Windsor. “Managing wetlands, fields, and forest for wildlife and biodiversity” is sponsored by the USDA Natural Resources Conservation Service (NRCS), the Berkshire Conservation District and MassWildlife. <more>

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Berkshire School Master Plan calls for building and paving in the ACEC and endangered species habitat UPDATE

The proponent for the Berkshire School Master Plan (EOEA #13852), has requested an extension of the MEPA review period for the Environmental Notification Form (ENF)(pdf) for this project. Originally, comments on the ENF were due on August 28, 2006 and a Certificate on the ENF was due to be issued on September 7th.

Comments on the ENF are now due Friday, September 22nd. MEPA will issue a Certificate on the ENF on Friday, September 29th.

The proponent will be distributing supplemental information about the project as requested at the MEPA site visit held on August 22nd. If you do not receive this information and would like a copy, please contact Dan Bailey, at Rackeman, Sawyer & Brewster, P.C. Tel: (617) 951-1107 dbailey@rackemann.com

From what we understand Berkshire School is proposing 298 new parking spaces – just two more and they would be mandated to file an Environmental Impact Report (EIR). The proposed new impervious area is just 0.6 acres below the threshold mandating filing of an EIR. They are proposing to build in the Schenob Brook Area of Critical Environmental Concern. The site is also in endangered species habitat.

You can get copies of the ENF by calling Evelyn Friedrich (617) 951-1123. Comments can be emailed to
Briony Angus briony.angus@state.ma.us Comments are due by September 29, 2006. Berkshire Regional Planning Commission will be writing a “Clearinghouse Review” (comments). They will hold a Clearinghouse Review committee meeting which is open to the public. Their comments, as are all comments are public record.

EOEA No. 13852, Berkshire School Master Plan, Sheffield
Comments now due by
09-29-06
For copies call Evelyn Friedrich (617) 951-1123
MEPA analyst
Briony Angus (617) 626-1029 briony.angus@state.ma.us
Briony Angus
Environmental Analyst, MEPA Office
Executive Office of Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
(617) 626-1029

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The Nature Conservancy Protects 40 Acres on Schenob Brook in Sheffield

Project Will Further Protect Schenob Brook Wetlands and Surrounding Forests

The Nature Conservancy announced the recent preservation of 40 acres of land between Schenob Brook and Barnum Street in Sheffield – a purchase which protects calcareous wetlands, lowland forests and critical habitat along Schenob Brook, and furthers the Conservancy’s larger goals for both freshwater and forest conservation in the Berkshire Taconic landscape.

Healthy streams and forests are critical to the Berkshires, since they support safe drinking water and clean air. Both the region’s tourism economy and traditional economy of agriculture benefit from protecting land and water. As it lies nearly surrounded by other properties either owned by the Conservancy or which the Conservancy helped to protect, this project bolsters these previous protection efforts and is critical to the long-term conservation of the surrounding forests and wetlands. The Conservancy purchased the property from Charles E. McDonald for $185,000.

“Schenob Brook is a beautiful piece of the history and ecology of Sheffield,” said Jason Miner, Program Director for The Nature Conservancy’s Berkshire Taconic Landscape Program. “This piece of property protects wetlands and open water streams that flow right into Schenob Brook. It’s good news for everyone who cares about the brook and about clean water.”

The larger Berkshire Taconic landscape is home to more than 150 rare and endangered species, one of the highest concentrations in New England.

Since 1984, the Conservancy has been working to protect lands in the Berkshires through fee purchase, conservation restrictions and easements, and by assisting partner organizations. The Massachusetts, New York and Connecticut Chapters of the Conservancy operate a tri-state Landscape Program in Sheffield, which opened in January 1993, and is engaged in a broad range of conservation activities.

The Conservancy will manage the new property as an addition to its Drury Preserve.

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New water source set for Mt. Greylock
By Bonnie Obremski, North Adams Transcript – Saturday, August 19

WILLIAMSTOWN — Water springing from Mount Greylock Regional High School’s bubblers is likely to be safe to drink this fall, said Superintendent Dr. William D. Travis on Friday. The school started using only bottled water for drinking and cooking in April 2004, after the well-water system tested positive for perchlorate contamination.

The school’s north well contained 2.5 parts per billion of perchlorate and the south well tested 9.6 parts per billion in 2004. The maximum contaminant level for sensitive populations such as pregnant women, infants, pre-pubescent children and people with hyperthyroidism is one part per billion. Any more and perchlorate may inhibit thyroid function.

Water now flows through the school’s tap from a well dug several years ago by the Clark Art Institute. Travis said water from the contaminated wells may be used in the future as part of fire suppression systems and for watering athletic fields.

The school still awaits results of final testing on water coming from the new well, but Travis said he anticipates the go-ahead in the next two weeks.

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New Mass. Secretary of Environmental Affairs

Governor Romney announced the appointment of Robert Golledge, former Director of the Massachusetts Department of Environmental Protection, as Secretary of the Executive Office of Environmental Affairs. Golledge will be replacing Steve Pritchard, who was appointed to lead the Governor’s Central Artery/Tunnel project safety review.

Golledge listed some of MassDEP’s accomplishments in recent years – the first state in the nation to set protective standards for perchlorate, success at reducing mercury emissions, and record-setting enforcement efforts.

Golledge worked at MassDEP for over seventeen years, and led the organization for the last three.

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Save energy and money – computer tips

–A single computer with monitor running 8 hours a day, 5 days a week
consumes approximate 850 KWH per year at a local cost of about $60.
Activation of the power management features built into your computer can
save up to 80% of that energy and cost.
http://pmdb.cadmusdev.com/powermanagement/quickCalc.html
http://www.energystar.gov/index.cfm?c=power_mgt.pr_power_management

–Limit screen-saver use. A screen saver does not save energy. In fact,
more often than not, a screen saver not only will draw power for the
monitor, but also will keep the CPU from shutting down. You can set your
computer to go from screen-saver to sleep mode.
http://www.nrel.gov/sustainable_nrel/energy_saving.html

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