The BEAT News

August 19, 2009

In the News

CALENDAR OF EVENTS
Environmental Monitor
Public Notices Alphabetically by town
The BEAT News Archives

Advocacy News (Includes how to reach your legislators)

DEP Enforcement Actions In The Berkshire

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Effort to Gut the Mass. Endangered Species Act
from the Environmental League of Massachusetts

A "late-file" bill sponsored by Rep. Coakley-Rivera and Senator Buoniconti from Springfield would undermine the Mass. Endangered Species Act.   By limiting state action only to land designated as "significant habitat" (which is very difficult to do and has not been done in MA), the bill will make it extremely difficult to protect our rare and endangered species. The state would not be able to regulate the take of rare species, either directly or through habitat alteration. 
 
The bill will be heard by the Natural Resources Committee most likely soon after Labor Day.  We will need a good turnout to demonstrate our opposition.  Please stay tuned. 
 
Sponsors and text of the bill follows.  If you have a relationship with any of the sponsors, please let them know that you oppose the bill and that it would gut our endangered species protections.
 
Sponsor/District:
Cheryl A. Coakley-Rivera, 10th Hampden
John W. Scibak, 2nd Hampshire
Rosemary Sandlin, 3rd Hampden
Brian Michael Ashe, 2nd Hampdon
Angelo J. Puppolo, Jr., 12th Hampden
Benjamin Swan, 11th Hampden
Thomas M. Petrolati, 7th Hampden
James T. Welch, 6th Hampden
Michael F. Kane, 5th Hampden
Lewis G. Evangelidis, 1st Worcester
Peter V. Kocot, 1st Hampshire
Donald F. Humason, Jr., 4th Hampden
Sean Curran, 9th Hampden
Joseph F. Wagner, 8th Hampden
William Smitty Pignatelli, 4th Berkshire
Christopher J. Donelan, 2nd Franklin
Denis E. Guyer, 2nd Berkshire 
 
Text of the Bill:
An Act designating natural heritage functions of the Department of Fisheries, Wildlife and Environmental Law Enforcement.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 
Subsection (d) of Section 5 of Chapter 131A of the General Laws, as appearing in the 2006
Official Edition, is hereby amended by adding the following sentence:

"The director shall not impose any project review or permit requirement upon any land unless
such land is located within an area which has been duly designated as a significant habitat."
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Educational Programs at Mohawk State Forest with Bob Leverett

Bob Leverett, President of and principal ecologist for Friends of Mohawk Trail State Forest and cofounder of the Eastern Native Tree Society, will lead interpretative programs on Aug 22nd and again on August 29th. Programs are scheduled for the morning (9:30AM-12:PM) and the afternoon (2:00PM-4:30PM) of each day.  The programs will concentrate on the ecology, forest and human history, champion trees, and cultural value of Mohawk Trail State Forest.  Scientific research on Mohawk’s exemplary white pines will be discussed. Mohawk is home to the tallest trees in New England. Bob will discuss how the champion trees are located, measured, monitored, and protected. Bob will share his knowledge of the old growth forests of Mohawk to include methods used to date the oldest trees. In addition, the Indian history, past and recent, and the cultural value of Mohawk to modern-day Native Americans will be presented.  Threats to the forests in Mohawk and elsewhere in Massachusetts will be discussed. The walk covers approximately 3 miles and is easy to moderate.

DCR is running number of educational programs around the state this summer and fall.  These are mostly targeted toward elementary and middle school age children.
http://www.mass.gov/dcr/stewardship/interp/educationalprograms.htm
Several parks Friends groups offer programs for families and adults.  See the links at: http://www.networkingfriends.net/friendslinks.html
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Attorney General's Hearing on Laurel Lake on September 14  

The Attorney General's Office will hold a hearing on public access to Laurel Lake (a Great Pond) on Monday September 14 at 7 pm at the Lee High Auditorium.

    A parcel of shoreline along Laurel Lake and an access road to another piece of shoreline at the Town of Lee Beach, was conveyed in April of 2009 to a private owner.  When the owner changed the lock on the gate to the Town of Lee Beach and made a non-negotiable demand for money from the Town of Lee for access to the beach he damaged public trust interests.

    The Public Trust Doctrine says that the public always has access rights to the shorelines of Great Ponds. Laurel Lake is a Great Pond. One purpose of the petition is to enjoin the private land owner, Roger Scheurer of Lee, from further damaging public trust interests.

    Another purpose is to uphold the public's right to access  Laurel Lake through the Public Trust Doctrine. Local and regional sportsmen, sportswomen, boaters, and Lee and Lenox beachgoers and other interested citizens throughout the Commonwealth are hereby called to give testimony to their generations-old right of access to the Town of Lee Beach and the shoreline of Lenox Beach on the great pond called Laurel Lake, by way of stories told to them by their fathers or mothers, or grandfathers or grandmothers or other ancestors, or through statements about their own experiences at Laurel Lake, and/or its meaning and value in their own lives.

Petitioners for Public Access
Deidre Consolati & petitioners
57 Main Street  Lee MA 01238
413 243-2318   deidreconsolati@aol.com
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POTTING SPREE AT PROJECT NATIVE IS UNDER WAY!!! 

Our plugs are ready sooner than anticipated and we need all the help we can get potting our native perennials.  If these baby plants over grow their container they get potbound and can quickly decompensate.  Until the end of August we will be racing to pot up nearly 5,000 plugs.  We welcome help from individuals or groups in the area anytime.  All ages and levels of experience welcome and encouraged to help out.   If you've got an hour, a week, or an hour a week and want to volunteer on the farm we would be extremely grateful! 

Potting not your thing?  The time you spend volunteering at other tasks on the farm could free up someone else so they can pot.  Call 413-274-3433 for more information or just stop by the farm during business hours.  Project Native is located at 342 North Plain Road (Route 41) in Housatonic, MA.

Karen Lyness LeBlanc
Project Native
342 North Plain Rd.
Housatonic, MA 01236
(413) 274-3433
(413) 274-3464 - FAX
www.projectnative.org
projectnative@verizon.net

Recipient of the New England Wildflower Society’s 2008 Education Award for outstanding efforts in educating the public about stewardship of native plants and landscapes.
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Tom’s of Maine - SPONSORSHIP SUPPORT FOR COMMUNITY PROJECTS

Help your favorite nonprofit get $20,000 in sponsorship funding.

Small differences in a community can make a large difference in the world. So we want to support and encourage your efforts to get involved! In November we’ll award five 501(c)(3) nonprofit organizations with $20,000. Right now you can help us by encouraging nonprofits in your community to apply.

How does the program work?

We are looking for applications for community involvement projects from nonprofit organizations. A review panel will narrow down our applications to 50 finalists. Then we’ll post them on our site so you can help us by voting for which 5 projects should be awarded funding.

We're accepting submissions from June 1st - August 30th. We are looking for applications from all 50 states. Check out our application form and Terms & Conditions for more details.

See also http://www.tomsofmaine.com/rivers
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Bog Turtle Disease Alert From USFWS

ADVISORY BULLETIN
August 5, 2009

Over the past few months, the U.S. Fish and Wildlife Service has received several reports of dead and apparently diseased bog turtles from New York, Massachusetts, New Jersey and Pennsylvania. The number of bog turtles found dead in their wetland habitat (2 to 4 dead turtles in each of four wetlands in NY and MA) exceeds that which is typically reported.

In some cases, dead bog turtles have been found entirely intact, with no obvious cause of death.  On several live bog turtles, a grayish or whitish substance and/or discoloration has been documented on the skin of the head, neck and limbs, as well as on the claws. In some cases, these appear as skin lesions. Scute sloughing and loss of claws and toes has also been observed.  Based on data collected at a Massachusetts site, the symptoms appear to worsen over time.  At this time, the causative agent(s) of the observed symptoms has not been identified. However, considering the risk this poses to bog turtles and potentially to bog turtle populations, the Service is taking this matter seriously, and is seeking the voluntary cooperation of bog turtle surveyors and researchers and hobbyists with extensive knowledge, in implementing the a protocol.

FOR FULL ALERT WITH INSTRUCTIONS ON HOW TO HELP AND FURTHER INFORMATION THERE IS A 14 PAGE PDF FILE AND SPECIMEN HISTORY FORM

If you are interested please contact:

Lori Erb
Division of Fisheries & Wildlife
North Drive
Westborough, MA 01581
508-389-6357
Lori.Erb@state.ma.us
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Looking for River and Steam Restoration Projects

The Division of Ecological Restoration, in the Massachusetts Department of Fish & Game, is dedicated to restoring the ecological integrity of rivers and streams throughout the Commonwealth of Massachusetts through partnerships with municipalities, watershed associations, federal agencies, and many other organizations. The Division of Ecological Restoration was created in July of 2009 through a merger of the Riverways Program and the Wetlands Restoration Program. The Division of Ecological Restoration (DER) is seeking nominations for river restoration and revitalization priority projects [see http://www.mass.gov/dfwele/river/programs/priorityprojects/index.htm]. The intent of this process is to assist DER in identifying and selecting river and stream restoration projects that present significant benefits to the Commonwealth for directed assistance and services. Selected projects will be eligible to receive: (1) technical assistance from DER staff; (2) technical services by consultants via contract to the DER; and/or (3) limited direct funding for implementation.

Through this RFR process, DER will choose a select number of priority restoration and revitalization projects. Selected projects will be eligible for services as described above, and staff will work in partnership with the Applicant and other project partners to implement the project through the various phases of restoration and/or revitalization.  These projects will remain eligible to receive such support, until the project is complete or unless new information warrants a revision of status; project proponents do not need to re-submit the nomination form in subsequent years.
Please note: A priority designation attained through this RFR only establishes a project’s eligibility for assistance; it does not guarantee that a project will receive technical services or direct funding.

The intent of the DER is to pursue river restoration and revitalization projects that present the greatest benefit to the Commonwealth –both ecologically and socially- in consideration of the project’s cost, size, practicality, feasibility, opportunity for public education and recreation, available program resources, and partner support.

In order to provide for a fair and open process, DER is issuing this request for interested parties to submit potential or active restoration projects through the state Comm-PASS procurement system. Full details can be obtained by going to http://www.comm-pass.com/ and searching for the solicitation, “DER 2010-1”.  

CONTACT INFORMATION:                  Nick Wildman
                                                     Division of Ecological Restoration/DFG
                                                     251 Causeway Street, Suite 400
                                                     Boston, Massachusetts  02114
                                                     Telephone:(617) 626-1527
                                                     FAX: (617) 626-1505
                                                     Email: nick.wildman@state.ma.us
                                                     http://www.mass.gov/dfwele/river

RESPONSE DUE DATE:                       Tuesday September 15, 2010, 2:00 P.M.
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JUMP IN!
from the Housatonic River Museum
 
Would you like to promote your environmental organization or any of your water-related events and activities during JUMP IN! September 4-October 31 at The Lichtenstein Center for the Arts, 28 Renne Ave Pittsfield and Pittsfield's Third Thursday on September 17?
 
We will add you to our list of partners (using an email list of almost 5,000!). Please bring your printed materials for a display at The Lichtenstein Center for the Arts in Pittsfield before Sept 4 - Attention: Jenny Hersch.
 
If you'd like to have a special event (or share in one) at the gallery in Sept or Oct, please let Jenny know!! 
 
Special Events scheduled are: Third Thursday (Sept 17), Housatonic Haiku, a Family Art Workshop (IS 183), a River Clean Up (BEAT), The Trout Quintet (Berkshire Music School), Screenings of Films by Laurie McLeod and a River Painting Party (Compuworks parking lot).
 
Possible: Boat Building Workshop, BYOB (Bring Your Own Boat) Exhibition, Fly Fishing Demonstration, Fly Tying Workshop, Kayak Demonstration, Readings at Chapters Book Store...

See flier (pdf).

Thanks!

Contact:
 
Jenny Hersch 
Housatonic River Museum www.housatonicrivermuseum.org
413.717.2167 (c)
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Job Announcement - MACC Erosion and Sedimentation Control Program Coordinator

The Massachusetts Association of Conservation Commissions (MACC) seeks a dynamic person to fill the position of Erosion and Sedimentation Control (ESC) Program Coordinator. Under the direction and supervision of the Executive Director, the ESC Program Coordinator will implement an Erosion and Sedimentation Control training program for all Conservation Commissioners and Professionals in the field. The ESC Program Coordinator oversees all aspects of the program and is the key contact person representing the Erosion and Sedimentation Control training program. This position is directly responsible for the following:

Task I. Research. Collect existing Erosion and Sedimentation control information from Massachusetts and around the country.

Task II. Training. Attend erosion control workshops offered in other states to learn more about how to run training workshops.

Task III. Course Materials. Create ESC workbooks, PowerPoint presentations, possibly an exam, and other teaching materials.

Task IV. Workshops. Provide a total of 20 ESC workshops in Massachusetts, and provide ESC training materials to the other New England states.

Task V. Electronic Copies. Create digital copies of the ESC program workbooks and training info on CD’s and post to the website.

Task VI. Grant Requirements. Write reports, create and follow budget and manage implementation of the grant in concert with the Executive Director.

The successful candidate must be experienced in Erosion and Sedimentation Control regulation and practices, preferably a Certified Professional in Erosion and Sedimentation Control (CPESC), or have the qualifications that would allow becoming within three months. The candidate must be highly organized, able to multi-task, have excellent teaching, communication and computer skills, must be self directed, and must be able to network with regulatory, non-regulatory and professionals in the field. Candidate must also be very familiar with Massachusetts Conservation Commissions and their regulatory environment. This may initially be a part time position with the potential to become full time over the period of the project. Compensation will be commensurate with experience.
Interested candidates should submit a cover letter and resume in electronic format by September 4th, 2009 to Linda Mack, Executive Director by email at Linda.mack@maccweb.org. Questions can also be sent to that e-mail address, or to the MACC office by phone at: 617-489-3930.

Posted: August 13, 2009.

----------------------------------------------------------------------------

Massachusetts Association of Conservation Commissions
http://www.maccweb.org
10 Juniper Road
Belmont, MA 02478
USA
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Northampton Solid Waste Action Committee looking for members

The Northampton Board of Public Works is creating a new Solid Waste
Action Committee (SWAC), whose primary mission will be to plan and
implement new waste reduction initiatives.  The SWAC will be composed
of three BPW members and four residents, with support from City
staff.  The first task to be planned by the SWAC will be related to
waste diversion education and special collection programs to be held
at various locations in the City. The SWAC will perform outreach to
residents through Northampton’s numerous neighborhood associations and
in the various City wards.  Planned events may include collections for
unwanted medications, confidential papers (shredding events), paint
and household hazardous waste (including mercury-containing products),
electronics, styrofoam and rigid plastics.  Distribution events may
include compost bins, rainbarrels, worm bins and recycling bins.  The
SWAC may also be involved with procuring equipment and support for
public area recycling efforts at community events, as well as other
waste prevention initiatives.

Residents of Northampton are encouraged to submit an application to serve on the
committee.  In the future the SWAC will also be seeking volunteers to
assist with promotion and management at events.   The application form
may be obtained online at www.northamptonma.gov/dpw/landfill or by
calling the DPW at 587-1570 x106.  The deadline for applying is August
17th, and the Board of Public Works will announce the appointments
during their regular meeting on August 26, 2009.
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Update on Russell Biomass
from Rushing Rivers

1.  Biomass controversy heats up
The EPA presented the draft NPDES permit for Russell Biomass in a public hearing in Russell , MA . It was very well attended and very many comments submitted by residents, scientists and environmental groups. Residents, environmental groups and fishermen are almost united against it (only one comment was for permitting the project). Scientists call to caution, more diligence and pointed out poor data used in the decision making process.
 
2.  Radio Show: Moir’s  Environmental Dialogues
Russel Biomass has been discussed at Moirs Environmental Dialogues on the Green Talk Network on the Voice of America Radio. Jana Chicoine, Meg Sheehan, Dr. Piotr Parasiewicz, discussed the Westfield River and potential impacts.  You can listen to the show or download the MP3 from http://www.modavox.com/voiceamerica/vepisode.aspx?aid=40462
 
3.  Getting the word out: Radio Interview on SKY radio
If you are interested in listening to the 10 min interview on rivers and the importance of river science given by Dr. Parasiewicz to Doug Clifford http://www.thesky973.com/pages/484270.php? on One Hour of Hope Show.
Sunday, August  16th ,  at 9:05am EST
Simply log onto thesky973.com.
Go to the streaming button and enjoy.

With All Best Regards,
Rushing Rivers Institute
--
Dr. Piotr  Parasiewicz
Rushing Rivers Institute
592 Main Street
Amherst, MA 01002
tel: 617 500 4884
cell: 413 687 4740
fax: 440 425 2028
url: www.RushingRivers.org
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Proposed Changes to Mass. Drinking Water Regulations
 
Name & Citation of Regulation(s): Massachusetts Drinking Water Regulations - 310 CMR 22.00

Brief Explanation and Rationale for Proposed Changes: The major focus of the proposed revisions is to incorporate Federal Safe Drinking Water Act amendments into the Massachusetts Drinking Water Regulations. These amendments include one new rule, the Ground Water Rule (GWR), and minor revisions and corrections to the Lead and Copper Rule (LCR). The GWR is intended to increase protection against potential viral contamination in public water systems (PWS). The majority of PWSs will be required to test their source water and if necessary install or increase treatment. LCR revisions include changes to content and delivery of public education materials, compliance calculations, and monitoring and reporting requirements. The GWR will apply to all public water systems using ground water sources (1,400 PWSs) and the LCR will apply to all community and non-transient non-community systems (800 PWSs). Estimated costs for LCR compliance are minimal. Because the Department's Drinking Water Program has maintained a strong source water protection program by undertaking source water assessments, conducting sanitary surveys, and providing technical assistance to systems at risk, the Department estimates that approximately 50 out of 1,400 PWSs will be required to install treatment facilities. If GWR treatment is required, costs could range from $10,000 and greater depending on the system size and type.

The revisions clarify requirements for transfer of property, cross connection control, distribution, water supply protection, record maintenance, general reporting to MassDEP, certified operator, Total Coliform Rule, operation, compliance, and general definitions.
These regulations are intended to promote the public health and general welfare by ensuring that public water systems in Massachusetts provide to the user water that is safe and fit to drink. Many of the proposed revisions are being made as a result of the Department's primacy commitment with the Federal Environmental Protection Agency.

Web Link to View Draft Regulations: http://www.mass.gov/dep/service/regulations/newregs.htm#gwrlcr

Public Hearing Information: Public hearings will be conducted under the provisions of M.G.L. Chapter 30A.
For dates and locations for the hearings, see http://www.mass.gov/dep/public/hearings/gwrlcr.htm.

Persons planning to give oral testimony at the hearing are encouraged to provide a written summary. Written comments by any person may be submitted before, during, or after the hearing, but no later than September 11, 2009, when the hearing record will close.

Questions about the hearing and public comments on the proposed regulations should be directed to David Terry, Program Director, Drinking Water Program, One Winter Street, 5th Floor, Boston, MA 02108, (617) 292-5529. The proposed revised regulations will be made available for review at the DEP's Boston and Regional offices.
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Westfield River Action Update:
Your Words Delivered at the EPA Public Hearing In Russell, MA!
from the Concerned Citizens of Russell

Last Thursday, the EPA presented the draft NPDES permit for Russell Biomass, which allows for the discharge of polluted heated river water, at a hearing for public comments in Russell, MA. Harper Dangler and Ryan Czekanski-Moir presented your 1,000 letters, highlighting many of your great personal comments. Thanks to you the EPA learned just how much their decision matters on a national level. There was great applause and many residents expressed their gratitude for all of your well informed letters and words.

All but one of the nearly a hundred attending were opposed to permitting the facility to discharge anything into the river. Locals recalled times when the river flow was low and full of algae-covered rocks heating up. They were concerned with the temperature of the discharged water - 85 degrees - and with all the phosphorus and other pollutants allowed back into the river. The permit would allow Russell Biomass to discharge a total of 126 pollutants.

Rob Moir, of ORI, and Piotr Parasiewicz, of Rushing Rivers Institute, provided the scientists perspective in their testimonies. Rob testified about the large gravel aquifer beneath the river and shore and its role in maintaining a coldstream ecology for salmon. Piotr called for caution, more diligence and pointed out poor data used in the decision making process.

The EPA was grateful for new information, learning opportunities and need for more research.  To their credit they had already got the utility to not introduce aluminum into the discharge, only 126 "priority pollutants" left to address.

 Jana of Concerned Citizens of Russell
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Land: For People and Wildlife!

Check out Mass Audubon's new Land Protection e-newsletter  Land: For People and Wildlife!
Lots of great stories of land protection including some in the Berkshires.
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