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Massachusetts Transition Team Listening Session 12/12

Tuesday, 12/12 Pittsfield, 7:00pm – location to be announced.

The Energy and Environment Transition Team Committee just announced a series of public meetings or “listening sessions”. Both Chairs plan on attending each
session and a subset of the committee will also be in attendance.
Individuals and groups are invited to make written submissions to the
PATRICK/MURRAY Working Group at the session and to sign-up at the event to
speak.

For more information on the transition visit BEAT’s Advocacy page.

Note the dates and times are set – not all the details of the specific
venues have yet to be released. We will get this to you as soon as we know.

PLEASE NOTE THESE DATES and PLAN ON ATTENDING!

Tuesday, 12/12 Pittsfield, 7:00pm.

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Berkshire Gateway at Lee

BEAT has several issues with this project.

First, the proponent’s traffic study did not include downtown Lee – the location where the Berkshire Metropolitan Planning Organization has identified traffic congestion problems.

Second, the proponent’s Stormwater Management Analysis states, in Appendix G of their Notice of Intent, page 7 of 10, “Standard 5 – Higher Potential Pollutant Loads – Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs. The use of infiltration practices with our pretreatment is prohibited. The proposed site improvements do not include any areas with higher pollutant loads. Therefore, specific stormwater management BMPs are not required.”

However, on page 3 of 5 of the Notice of Intent, under B. Stormwater Management Standards, Standard 5: Higher potential pollutant loads – Does the project site contain land uses with higher potential pollutant loads, the proponent had checked YES.

Not only that, but the gasoline fueling station is proposed to be moved from out of the 100 year floodplain, to in the 100 year floodplain, but no mention of this is made in the narrative.

The new hotel is proposed closer to the river than the old one – 4 feet below the 100 year floodplain elevation and almost all in Riverfront Area.

A car wash is proposed with no mention of how the waste-water from it will be handled.

No case is made for why this project has to be so large. If it were scaled back, it would require fewer parking spaces and could be moved farther from the river allowing a 100 foot wide riverfront restoration which really might provide a wildlife corridor (as opposed to the suggested 35 foot maximum width proposed by the proponent.

There are too many issues to comment on for this article. BEAT urges people to attend the Berkshire Regional Planning Clearinghouse Review meeting on Tuesday, November 28 at 3:30 pm (see our Calendar for details).

History:

An Expanded Environmental Notification Form (EENF) has been submitted to the Massachusetts Environmental Policy Act (MEPA) office for a proposed project titled Berkshire Gateway at Lee. The EENF requests a waiver from preparing a full Environmental Impact Report (EIR). BEAT will request that the waiver be denied. This project exceeds the mandatory threshold for traffic. In addition it is in the floodplain and abuts the Housatonic River. We feel a full EIR is warranted.

The proponent is F.L. Roberts & Co., Inc of Springfield, and the engineering firm is SK Design Group.

Comments are due December 8, 2006. Send comments to MEPA analyst Briony Angus (617) 626-1029 briony.angus@state.ma.us

Berkshire Regional Planning Commission will also be submitting Clearinghouse Review comments. Their review of their comments before submission is a public meeting and well worth attending.

The project proposes a multi-use development consisting of a 93 room hotel, a 210 seat restaurant, a convenience store, a 2-bay car wash, a gasoline station and a truck fueling facility. The project site is bounded to the north by the on-ramp at Interchange #2 of the Mass Turnpike; to the east by Route 102; to the south by commercial property; and to the west by the Housatonic River. The project site is currently almost entirely developed, consisting of vacant buildings and paved or gravel parking surfaces. A portion of the site is subject to an Activity and Use Limitation (AUL) in accordance with MGL c. 21E and the Massachusetts Contingency Plan. The first four pages of the ENF can be seen on the MEPA website (pdf).

The project requires a NPDES Stormwater Permit; a Access Permit from the Massachusetts Highway Department; review from the Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program (NHESP); an Order of Conditions from the Lee Conservation Commission; and other local approvals as needed from the Lee Planning Board and ZBA.

The proponent has submitted an EENF with a request for a Full Waiver from the requirement to prepare an Environmental Impact Report (EIR) for the project. The project meets MEPA’s review threshold for a Mandatory EIR because it will result in more than 3,000 new vehicle trips on Saturdays. The proponent has submitted a Traffic Impact and Access Study and proposed mitigation with the EENF.

Comments from agencies, officials, and citizens regarding which environmental issues, if any, are significant for this project. Opinions as to the extent and significance of possible environmental impact will be welcome. The merits of the proponent’s request for a waiver will also be considered. See our calendar page for how to submit comments by mail or email.

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DFW seeks Public Comment on Forest Management Plans for the Berkshires

The Massachusetts Division of Fisheries & Wildlife (MassWildlife) is seeking public comment on forest management plans for the Taconic Mountains and Marble Valley Forest Management Zone (FMZ) and the Berkshire Highlands Forest Management Zone. Both management plans integrate principles of MassWildlife’s Biodiversity Initiative and addresses Forest Stewardship Certification (FSC) “Green Certification” requirements for habitat management planning on state forest and wildlife lands. The plans are posted on the MassWildlife website. Interested citizens, conservationists and natural resource professionals are encouraged to submit written comments postmarked by February 16, 2007 to: John Scanlon, MassWildlife Forest Project Leader, MassWildlife Field HQ, Westborough, MA 01581.

The draft Taconic Mountains & Marble Valley FMZ plan provides a summary and assessment of forest resources on over 6,600 acres of MassWildlife lands in western Berkshire County, and describes long term forest monitoring and management goals for those lands over the next two decades. Forest management activities include active management activities such as timber sales to create or enhance young forest habitat and passive management such as forest reserves identification to establish biologically mature forest habitat. A revised draft plan for Berkshire Highlands FMZ covers 34,000 acres of DFW lands in central and eastern Berkshire County. An initial draft of this plan was posted for public review in August 2005, and comments were received until December 2, 2005. Many of the public comments received are reflected in the revised draft.

MassWildlife’s Forest Management Program is an integral part of MassWildife’s Biodiversity Initiative, a habitat based approach to address the needs of wildlife in greatest need of conservation. Through the leadership of MassWildlife’s foresters, who have been actively engaged in managing valuable forest habitats for wildlife, Massachusetts became the first state in the nation where multiple state environmental agencies received a designation of GREEN certification for all of their forest management practices on approximately 500,000 acres of state forests, wildlife and water supply lands. This designation by the Forest Stewardship Council (FSC), adheres to high professional standards which ensure sustainable forest management in terms of ecological, economic and social benefits. MassWildlife Forest Management Program activities include mapping of forest and non-forest cover types, inventory of timber and other wood product volume, biological monitoring of plant and animal populations, timber harvesting to provide young forest habitat, and establishment of forest reserves to secure mature forest habitat. Ruffed grouse, chestnut-sided warbler and New England cottontail are examples of wildlife benefiting from MassWildife’s forest management activities.

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EPA fines fuel company $157,500 for oil spills
Complaint: Business didn’t keep prevention plan
By Ellen G. Lahr, Berkshire Eagle Staff
Article Launched:11/23/2006 03:03:49 AM EST

Thursday, November 23
GREAT BARRINGTON — The John B. Hull fuel company kept inadequate records of measures to prevent oil spills at its Main Street business prior to a February 2004 oil spill, according to a complaint lodged by the U.S. Environmental Protection Agency.

Although the company has since removed its outdated tanks and equipment, conducted site cleanup and testing and is now planning to install newer, safer storage facilities, the EPA said it intends to seek up to $157,500 in penalties from the company.

The EPA said the company did not have the required spill prevention plan in place at its facility as required by the Clean Water Act when a gasket broke and some 1,600 gallons of oil spilled outside of a containment dike. <more>

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Appalachian Trail Conservancy Expands Environmental-Monitoring Efforts

Trail Managers Expand Partnership to Monitor
Environmental Changes Along the Appalachian Trail

HARPERS FERRY, W.Va. — The Appalachian Trail Conservancy (ATC) and its major federal partners have decided to enlarge several ongoing land-management programs into a long-term collaborative project to comprehensively monitor changes in the mountain and valley environments through which the famed, 2,174-mile footpath meanders.

The purpose of the project, expected to launch in mid-2007 as a partnership with other nonprofit organizations and scientific agencies, is fourfold:

• To understand the changes in air and water quality and the health of the plants and animals within the 250,000 acres of public lands associated with the trail.

• To more effectively protect that land’s natural resources.

• To foster public appreciation for nature generally and conservation of the Appalachian Trail specifically.

• To better tell the story of the status of the health of the Appalachian Trail’s lands to visitors, trail neighbors in 14 heavily populated eastern states, and the general public.

For more visit the Appalachian Trail Conservancy website.

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Update written by BEAT 11/27
Dorothy Amos Park and the West Branch of the Housatonic River

On November 22, 2006, the Massachusetts Department of Environmental Protection (DEP) replied to the General Electric Company (GE)’s Addendum … and Remedial Action Proposal, and approved the Report with conditions (see DEP’s 11/22/06 letter (pdf)). The letter gives GE 90 days to submit a Remedial Action Work Plan (RAWP).

This was in response to the October 27, 2006 GE response to the DEP’s review of their Supplemental Sampling Report and submitted a Remedial Action Proposal for remediating the West Branch of the Housatonic River next to Dorothy Amos Park.

Addendum to Second Supplemental Sampling Summary Report and Remedial Action Proposal for the West Branch of the Housatonic River (pdf)

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USDA Committee elections coming up 12/4

USDA’s Farm Service Agency (FSA) office in Berkshire County is reminding farmers and other eligible voters in Egremont, Great Barrington, Monterey, Mount Washington, New Marlborough, Sandisfield and Sheffield to cast their ballots in local FSA County Committee elections before the deadline of Dec. 4. It is crucial that all farmers in Berkshire County vote in this election to give them a voice in how FSA programs are administered in the county and minority and female farmers are strongly encouraged to take part in this important voting process.

Ballots were mailed to eligible voters earlier this month. Eligible producers who did not receive ballots should contact the local FSA office immediately at the Federal Building, 78 Center St. in Pittsfield or by phone at (413) 443-1776 ext. 100. Ballots must be returned to FSA offices or postmarked by Dec. 4. Newly elected committee members and alternates take office Jan. 1, 2007.

This year, the committee member for southern Berkshire County representing approximately one-third of county farmers is up for election. Each member is elected to serve for three years beginning in January 2007.

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Massachusetts Environmental Enforcement Suffered Under Romney

Boston — Massachusetts Environmental Police say they cannot do their jobs due to political interference, poor leadership and inadequate support, according to a survey of the officers released today by Public Employees for Environmental Responsibility (PEER). Officers also cite fear of retaliation from managers who are overwhelmingly viewed as unprofessional.

This October, PEER mailed the employee-authored survey to the entire force of Massachusetts Environmental Police (MEP) officers, who are tasked with enforcing the state’s environmental health and public safety laws, ranging from hazardous waste disposal to illegal fishing and boat safety. Nearly three out of five of the 102 officers (55% percent) responded:

· Nearly four out of five (78%) disagree that “environmental enforcement in Massachusetts has become stronger in the past four years;”
· More than nine in ten (98%) feel that the MEP is neither sufficiently funded or staffed “to fulfill its environmental protection mission;” and
· One in five officers (20%) report that managers “inappropriately intervened in a criminal investigation” during the past two years and more than one-third of respondents (36%)“fear retaliation from my chain of command for advocating environmental enforcement.”

“This survey indicates the Romney administration undermined already weak environmental law enforcement in a variety of ways,” stated New England PEER Director Kyla Bennett, a former U.S. Environmental Protection Agency lawyer, who conducted the poll. “For example, officers are encouraged to focus on small-time violators and let big offenders, particularly corporate violators, off the hook.”

The officers also gave MEP management scathing reviews:

· More than half (52%) do not see their management as “committed to enforcement of environmental laws;”
· Three-fourths (75%) lack “confidence in the professionalism of the MEP mangers to whom I report;” and
· Nearly three in four (74%) do not see the current MEP Director James Hanlon as “providing able leadership.”

Perhaps not surprisingly, nearly nine out of ten responding officers (89%) feel that morale within MEP is “poor” or “extremely poor”(not one officer said morale is “excellent”). Officers also widely view (78%) promotions to management as based on favoritism rather than merit.

“The problems in the Massachusetts Environmental Police run deep and require a complete overhaul,” Bennett added, pointing to a similar survey of MEP officers that PEER conducted five years ago which produced parallel but less negative results in key areas. Significantly, the current MEP leadership also held top management positions in MEP when that earlier survey was conducted. “Hopefully, the next administration will choose better managers, remove barriers and provide adequate resources so that enforcement of environmental laws in the Commonwealth is no longer a joke.”

###

Read the MEP survey results (pdf)

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Global warming hits court

By H. Josef Hebert, Associated Press
From the North Adams Transcript

Monday, November 27
WASHINGTON — The Supreme Court hears arguments this week in a case that could determine whether the Bush administration must change course in how it deals with the threat of global warming.

A dozen states, led by Massachusetts, as well as environmental groups and large cities are trying to convince the court that the Environmental Protection Agency must regulate, as a matter of public health, the amount of carbon dioxide that comes from vehicles.

Carbon dioxide is produced when fossil fuels such as oil and natural gas are burned. It is the principal “greenhouse” gas that many scientists believe is flowing into the atmosphere at an unprecedented rate, leading to a warming of the earth and widespread ecological changes. One way to reduce those emissions is to have cleaner-burning cars. <more>

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Unkamet Brook – Pittsfield’s plan gets Watchful Eye

BEAT alerted regulators to Pittsfield’s plan to facilitate flow in Unkamet Brook. Now, the Massachusetts Department of Environmental Protection’s, Bureau of Waste Site Cleanup, will be reviewing the plans before any work takes place.

Below is our original article on this issue:

Part I of the Berkshire Eagle article introduces the City of Pittsfield’s plan to “remove sediment” from parts of Unkamet Brook. While this project might sound good, BEAT believes it may be a MAJOR PROBLEM for Unkamet Brook. At the end of the news story follow the link to Part II to see why BEAT believes this plan will causes an unknown quantity of PCBs and other hazardous chemicals to be flushed into the Housatonic River upstream of the “clean up”.

Part I:

Excerpt:

$474,600 in funds for river initiative –
Oak Hill Tributary Project gets $207K federal grant
By Tony Dobrowolski, Berkshire Eagle Staff
Article Launched:10/27/2006 03:07:04 AM EDT

Friday, October 27
PITTSFIELD — The state Department of Environmental Protection has recommended that the city of Pittsfield receive $207,000 in federal funding for the Oak Hill Tributary Project, an initiative designed to remove sediment and prevent erosion in the area where Unkamet Brook intersects with the east branch of the Housatonic River.

The city plans to use the funding to clear areas of Unkamet Brook around Glenn Drive, Oak Hill Avenue, Partridge Road and Crane Avenue, Collingwood said. Plans call for the installation of detention basins to prevent erosion, he added.

The Pittsfield project is one of 10 similar Massachusetts initiatives that the state DEP has recommended receive $1.6 million in fiscal 2007 funding through the Section 319 Nonpoint Source Competitive Grant Program. The funding is expected to be available this fall. All of the programs are expected to begin in the spring of 2007.

The entire cost of the Oak Hill project is $474,600. The remaining $267,600 will be paid out of the city’s $2 million capital budget, which includes funding for three stormwater improvement initiatives, Public Works Commissioner Bruce Collingwood said yesterday.

The Section 319 grant program focuses on the implementation of measures to control non-point sources of water
pollution, which include phosphorus and nitrogen from lawn and garden fertilizers, bacteria from pet waste and waterfowl, oil and grease from parking lots, sediment from construction sites, and soil erosion.

BEAT – While the concept sounds good, BEAT is much more concerned with the toxic waste in Unkamet Brook than the nutrients. Please read our Unkamet Brook: Making a Bad Situation Worse.

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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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