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Environmental Monitor Archive 2007

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Index for 2007:

Statewide:

  • 12/24/07 - Notice of Public Comment Period, re: Greenhouse Gas Expendable Trust - Notice of Public Comment Period, re: Greenhouse Gas Expendable Trust (pdf)
  • 12/10/07 - Massachusetts Highly Destructive Invasive Species Draft Response Plan Notice of Public Review and Comment Period for Massachusetts Highly Destructive Invasive Species Draft Response Plan. The Massachusetts Department of Conservation and Recreation (DCR) and Department of Agricultural Resources (DAR) are releasing the draft "Massachusetts Highly Destructive Invasive Species Draft Response Plan" for public review and comment. The document is available for review on the DCR forestry website.
  • 12/10/07 - Proposed amendment to the Waterways Regulations Notice of a Public Hearing, re: Proposed Amendments to the Waterways Regulations (pdf). New sections to the Waterways Regulations, at 3 10 CMR 9.17, and to the Adjudicatory Proceedings Regulations, at 1 .01(7)(f), are proposed to require that a 10-person appeal groups document that at least 5 in the group reside in the same community as the project requirements. - Changes to the Waterways Regulations at 9.12 and 9.32 address the water-dependency of Renewable Energy projects; changes at 9.13, 9.14, 9.17 9.34 and 9.54 address participation by the MA Coastal Zone Management Office; changes at 9.32, 9.07 and 9.10 address eligibility for licensing existing structures within Areas of Critical Environmental Concern. There are also revisions for clarification purposes proposed in the following sections: 9.10, 9.1 1, 9.13,9.16, 9.17, 9.18, 9.21, 9.33, 9.35 and updating agency names where they occur in the regulations. - In March 2007, Governor Deval L. Patrick announced new initiatives to improve the efficiency and effectiveness of environmental regulation in Massachusetts without compromising environmental protection. The proposed amendments are part of that commitment and are the result of a wide-ranging review the Chapter 91 permitting process kicked off in the spring. - Copies of the proposed regulations and background information will be available for inspection during normal business hours at: the MassDEPIWaterways Program, One Winter Street, Boston, the four regional offices of MassDEP and MassDEP's web site . BEAT comment: These proposed changes reduce citizens rights to be involved in the process. People from many towns may use any given body of water. It is wrong to require 5 of the 10 citizens in any given 10 citizen group to be from the town that the water body is located in. Please submit comments asking that citizens' rights not be taken away like this!
  • 12/10/07 - National Grid USA Service Co., Inc. Submitted 12/10/07 to the MA Department of Agriculture
    Notice of Submission of a Yearly Operational Plan (pdf)
  • 12/10/07 - GEIR Update for Massachusetts Best Management Practices and Guidance for Freshwater Mosquito Control EEA# 5027 submitted by the State Reclaimation and Mosquito Control Board of the Department of Agriculture. Among other things, the Board is requesting to change from annual review to every 5 years. 29 page General Environmental Impact Report (pdf).
  • 11/12/07 - Policy for Developing Water Needs Forecasts for Public Water Suppliers and Methodology for Implementation - RESPONSE TO COMMENTS AND REVISIONS (pdf) The following documents were available for review on the Water Resources Commission website, Response to public comments received on the draft Policy for Developing Water Needs Forecasts for Public Water Suppliers and Methodology for Implementation Revised Policy and Methodology document. This policy updates and combines the WRC policy on developing water needs forecasts for public water suppliers. dated February 2001, and the forecasting methodology approved by the WRC in 1991. The WRC technical staff at the Department of Conservation and Recreation work with communities to develop forecasts of water supply needs which can be used in long-term water supply planning and for submission to MassDEP under the Water Management Act. This draft document provides the policy and methodology for developing those forecasts.
  • 11/12/07 - Draft 2007 Index Streamflows for Massachusetts released for public comment - Massachusetts Water Resources Commission (WRC) released a draft of the "2007 Index Streamflows for Massachusetts" for public review and comment. The document will be available for public review on the Water Resources Commission website at:http://www.mass.gov/envir/mwrc/streamflows.htm
  • 11/12/07 - Northeast Utilities - Notice of Yearly Operational Plan (pdf) submitted to the MA Department of Agriculture
  • 11/12/07 - Proposed listing of Right Whales as two species under the US Endangered Species Act FEDERAL CONSISTENCY REVIEW NOTICE (pdf) The Massachusetts Office of Coastal Zone Management (CZM) Office reviewed the proposals for consistency with its enforceable program policies. Project proponents have filed a statement and accompanying information with the CZM Office certifying that their proposal is consistent with these policies. This information is available for public inspection at the CZM Office.
  • 10/09/2007 - Greenhouse Gas Emissions Policy and Protocol
    EEA has released the final version of the Greenhouse Gas (GHG) Emissions Policy & Protocol, which can be viewed here. The Policy will apply to ENFs and EENFs submitted after the October 31, 2007 submission deadline if the Project is subject to the Policy. EEA has also issued a Response to Comments document for public comments that were received on the Draft GHG Policy and Protocol. This document can be viewed here: Draft GHG Policy and Protocol Response to Comments.
  • 8/8/2007 - MassHighway issued a Notice of a Public Hearing, re: Proposed Approval of Access to State Highways Regulations
  • 7/11/2007 - Draft Greenhouse Gas Emissions Policy Available for Comment - The Executive Office of Energy and Environmental Affairs (EEA) announces a new policy on Greenhouse Gas (GHG) Emissions which requires that certain projects undergoing MEPA review quantify their greenhouse gas emissions and identify measures to avoid, minimize or mitigate these emissions. The Draft Policy is now available for public review and comment.
  • 5/23/2007 - Notice of Extension of Public Comment Period for Policy for Developing Water Needs Forecasts for Public Water Suppliers and Methodology for Implementation
    Comments now due by June 6, 2007
  • 4/25/2007 - New Greenhouse Gas Emissions Policy - The Executive Office of Energy and Environmental Affairs announces a new policy on Greenhouse Gas Emissions which requires that certain projects undergoing MEPA review quantify their greenhouse gas emissions and identify measures to avoid, minimize or mitigate these emissions.
  • 4/25/2007 - Notice of Availability for Public Review and Comment of Policy for Developing Water Needs Forecasts for Public Water Suppliers and Methodology for Implementation
  • 4/11/2007 - Department of Environmental Protection -
    Notice of Public Comment Period, re: Northeast Regional Mercury Total Maximum Daily Load
  • 3/21/2007 - Department of Agricultural Resources - Notice of Receipt of Yearly Operational Plan - CSX Transportation, Inc.
  • 3/21/2007 - Department of Agricultural Resources - Notice of Receipt of Yearly Operational Plan - Boston and Maine Corporation
  • 3/21/2007 - Division of Fisheries and Wildlife - Notice of Public Meeting - Fisheries and Wildlife Board
    BEAT is confused by this posting, but there is a meeting of the Fisheries and Wildlife Board on 3/27/2007.
  • 3/7/2007 - Department of Environmental Protection - Notice of Availability of Draft Guide to Water Resource Management Planning (pdf)
  • 1/23/2007 - Department of Conservation and Recreation - Notice of Public Meeting (pdf) - Northern and Southern Berkshires and Western Connecticut Valley District Forest Resource Management Plans (pdf)
  • 1/9/2007 - 2007 Meeting Schedule of the City(of Boston)/State Groundwater Working Group

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Hall Brook Dam Removal and Proactive Environmental Restoration - Adams
EEA# 14152

Environmental Notification Form (pdf)
submitted December 24, 2007

An  Expanded Environmental Notification Form (EENF) has been submitted to the Massachusetts Environmental Policy Act (MEPA) office for this project. As outlined in the EENF, the project involves the removal of the Hall Brook Dam in Adams, MA. The first three pages of the EENF and a brief project description can be viewed here: http://www.mass.gov/envir/mepa/pdffiles/enfs/122407em/14152.pdf. A full copy of the EENF can be obtained from the project contact listed below.

The project requires the preparation of an Environmental Impact Report (EIR) because it involves a structural alteration of a dam that will cause a decrease in impoundment capacity. The Proponent has submitted an Expanded ENF with a request for a waiver of the mandatory EIR. The project requires a Dam Safety Permit from the Department of Conservation and Recreation (DCR) Office of Dam Safety; a 401 Water Quality Certificate from the Department of Environmental Protection (MassDEP); a Section 404 Permit from the U.S. Army Corps of Engineers; review from the Massachusetts Historical Commission (MHC); and an Order of Conditions from the Adams Conservation Commission.

For copies call David Leone , GZA GeoEnvironmental, Inc.,(781) 278-3700 dmleone@gza.com
MEPA analyst Briony Angus (617) 626-1029

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Reconstruction of Benedict Pond Dam - Great Barrington and Monterey
EEA# 12663

Notice of Project Change (pdf)
submitted December 24, 2007
Comments were due January 14, 2008

The proponent is requesting a previously issued scope for this project be rescinded because they have change their plans to reduce impacts below EIR thresholds.

BEAT note: in the Notice of Project Change they check off the box on the first page that says an EIR was required, but then check each "no" box for was a draft, final, or single EIR filed. Can this be correct?

For copies call Stephen Lecco (413) 525-3822
MEPA analyst Briony Angus (617) 626-1029

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Aspinwell Shops (formerly Lenox Gateway) - Lenox
EEA# 13540

Notice of Project Change
Secretary's Certificate (pdf) Issued 12-03-07 Project change is insignificant; does not require an Environmental Impact Report

BEAT complained to the Director of the MEPA office that the Notice of Project Change did not appear to have been posted in the Monitor to receive public comment before the Secretary's Certificate was issued.

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Pittsfield Plaza Renovation - Pittsfield
EEA #14131

Project submitted: October 1-15, 2007
Environmental Notification Form (pdf of first few pages)


For copies call Phil Doyle (860) 651-4971
MEPA analyst Briony Angus (617) 626-1029

A site visit was December 5.

BEAT's biggest comment is that an Order of Conditions was issued by the Pittsfield Conservation Commission without reviewing the stormwater treatment plan (because the City's Community Development office would later be doing that). Now all the wetland issues are "off the table" during the MEPA review - a review that is supposed to bring forward all environmentally relevant facts. The Commission was badly served by the Conservation Agent (who is also a voting member of the volunteer commission - a clear conflict of interest in BEAT's opinion). Allowing an Order of Conditions to be issued before the MEPA process fails to protect the environment in our opinion. This is exactly the problem that happened with Valley Mill that took three years to correct and cost the proponent lots of extra money. Developers are not well served by this premature issuing of a permit.

See Berkshire Regional Planning Commission's Clearinghouse Review Committee comments (pdf) on this project.

 

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YMCA Camp Hi Rock Driveway - Mount Washington
EEA # 14128

Secretary's Certificate (pdf)
Issued December 12, 2007
Does not require an Environmental Impact Report
BEAT note: This is a really interesting Certificate. Among other things, the proponent will be providing $92,000 toward the funding of a research study to benefit the state-listed wildlife species they will have an impact on.

Project submitted: October 1-15, 2007
Environmental Notification Form (pdf of first few pages)

For copies call Karro Frost, New England Environmental, Inc.  (413) 256-0202 kfrost@neeinc.com
MEPA analyst Briony Angus (617) 626-1029

MEPA Site Visit was Nov. 20, 2007, Comments were due 12/03/2007, A Certificate on the ENF will be issued on December 12th, 2007. 

As outlined in the ENF, the project involves the construction of a new access driveway for the YMCA Hi-Rock Camp located off East Street in Mount Washington, MA. The project site is located within Priority and Estimated Habitat designated by the Natural Heritage and Endangered Species Program (NHESP) and a section of the proposed driveway crosses the Schenob Brook Area of Critical Environmental Concern (ACEC). The project will require review by the NHESP program pursuant to the Massachusetts Endangered Species Act (MESA) and an Enforcement Consent Agreement from the Department of Environmental Protection (MassDEP).

See BEAT's comments (pdf) on this project. (Another project that received an Order of Conditions before the MEPA process was complete.)

See Berkshire Regional Planning Commission's Clearinghouse Review Committee comments (pdf) on this project.

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Notice of Public Comment Period for Proposed Playground at Carrie Bak Park (pdf)
Comments were due November 15, 2007

Send comments to:

Department of Community Development
Pittsfield City Hall
70 Allen Street
Pittsfield, MA 01201

Jim McGrath

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Reconstruction of River Road

October 27, 2007 WITHDRAWN

Submitted September 25, 2007 by Mass Highway and the Town of Florida
Environmental Notification Form (pdf) - Florida
EEA No. 14103
This includes conversion of Article 97 conservation land and impact to raare species habitat.

For copies Grace Arthur (617) 973-8251
MEPA analyst Aisling Eglington (617) 626-1024

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Route 41 Bridge replacement over Karner Brook - Egremont

Submitted September 10, 2007 by the Department of Environmental Protection
Notice of Application for a 401 Water Quality Certification (pdf)

This includes impact to rare species habitat.

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Site Remediation for Dalton Avenue - General Electric Company - Pittsfield
EOEA No. 14091

Secretary's Certificate(pdf) issued September 21, 2007
Does not require an Environmental Impact Report

Project submitted August 22, 2007 - Environmental Notification Form (ENF)[pdf]
Comments were due September 11, 2007

For copies Jeff Randall, Hill Engineers, Architects & Planners, Inc., (413) 684-0925 ext 137,  jrandall@hillengineers.com
MEPA analyst Briony Angus (617) 626-1029

An Environmental Notification Form (ENF) has been submitted to the Massachusetts Environmental Policy Act (MEPA) office for this project. The project site consists of seven separate parcels that are occupied by mainly retail businesses and parking lots. Unkamet Brook bisects the site and then flows through a culvert under Dalton Avenue. The proposed remediation area encompasses approximately 40,400 square feet with 37,000 sf of this area classified as Riverfront Area and Bordering Land Subject to Flooding. The first four pages of the ENF and a more detailed project description can be viewed here: http://www.mass.gov/envir/mepa/pdffiles/enfs/082207em/14091.pdf

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Submitted 8/22/07 -
General Electric Company
, Residential Remediation on Dalton Ave., Pittsfield
Notice of Application for a 401 Water Quality Certification

For more information - Tim Allessio at Hill Engineers, Architects, Planners, 50 Depot St., Dalton, MA 413-684-0925 x150.

Written comments - MA DEP, WERO; Division of Wetlands and Waterways, 436 Dwight Street, Springfield, MA 01103 within 21 days of this notice which appeared on August 8. Failure to comment may result in waiver of any right to an adjudicatory hearing.

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Mount Greylock Historic Parkway Rehabilitation - Adams, North Adams, Cheshire, New Ashford, Williamstown and Lanesborough
EOEA No. 12843

Secretary's Certificate(pdf) issued September 21, 2007
Does not require an Environmental Impact Report

Notice of Project Change (pdf) submitted August 22, 2007
Comments were due September 11, 2007

For copies Anthony Simmonelli (413) 499-3050 x252
MEPA analyst Briony Angus (617) 626-1029

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Oldcastle Industrial Minerals - Lee

Issued: August 22, 2007 - Notice of Issuance of Draft Operating Permit Renewal (pdf)
by the Department of Environmental Protection

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Casillis Farm Fire Pond - New Marlborough
EOEA No. 14078

Issued September 7, 2007
Secretary's Certificate (pdf) - Does not require an Environmental Impact Report

Environmental Notification Form (pdf) - submitted August 8, 2007
Comments were due August 28, 2007
For copies Gail Ceresia (413) 243-9777
MEPA analyst Briony Angus (617) 626-1029

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TransCanada Hydro Northeast, Inc. - Florida (Monroe and Buckland)

Notice of Receipt of a Yearly Operational Plan (pdf) [herbicide spraying]
Submitted July 25, 2007

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Berkshire Gateway at Lee - Lee
EOEA No. 13905

Secretary's Certificate (pdf) issued August 17, 2007
Adequately and properly complies with MEPA
Project Submitted July 25, 2007 - Final Environmental Impact Report (FEIR)

Issued: May 11, 2007
Secretary's Certificate (pdf): Adequately and properly complies with MEPA - The proponent may prepare and submit the Final Environmental Impact Report (FEIR) for MEPA review. Among other things, the Certificate states, "In the FEIR, the proponent must provide a more comprehensive analysis of alternatives, demonstrate that environmental impacts have been minimized, and provide necessary mitigation."

Draft Environmental Impact Report submitted March 21, 2007
MEPA History of this project:

Issued: December 15, 2006:
Secretary's Certificate (pdf): Requires a full Environmental Impact Report

Projects Submitted October 17-31, 2006
Environmental Notification Forms (pdf of first few pages of the Expanded ENF)

For copies of the ENF call Robert Fournier (413) 443-3537
MEPA analyst Briony Angus (617) 626-1029 briony.angus@state.ma.us

Berkshire Regional Planning Commission comments (pdf)

BEAT Note: The proponent was asking for a waiver so they would not have to submit an Environmental Impact Report (EIR) even though they met the threshold on traffic which would have required an EIR. The site is right next to the Mass. Pike Exit 2. It abuts the Housatonic River and is in floodplain. It also has an Activities and Use Limitation due to a previous chemical release. The plan calls for both a diesel fueling station and a gasoline fueling station, not to mention truck and car parking within 50 feet of the river. BEAT believes this project warrants a full Environmental Impact Report

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4/25/2007 - Becket, Lee, Otis, Stockbridge, & West Stockbridge
Massachusetts Turnpike Authority
Department of Agricultural Resources - Notice of Receipt of Yearly Operational Plan

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4/11/200 - Many towns, but the public hearing is in Stockbridge
Tennessee Gas Pipeline Company - Vegetation Management Plan
PUBLIC HEARINGS SCHEDULED:
In accordance with 333 CMR 11.05 the Department of Agricultural Resources will conduct regional
hearings to receive public comment on the proposed Vegetation Management Plan for the Tennessee
Gas Pipeline Company.
To provide all interested parties an opportunity to comment on the proposed VMP, public hearings will be
held at the following locations:
Tuesday, April 24, 2007: Town Hall, Lobby, 6 Main Street, Stockbridge, Massachusetts from 10:30 am -
12:OO pm.

The Department will accept written testimony concerning the Tennessee Gas Pipeline Company VMP
until the close of business: Friday, May 25, 2007.
Commentary should be sent to:
Rights-of -Way Program
Massachusetts Department of Agricultural Resources
251 Causeway Street. Suite 500
Boston, Massachusetts 021 14-21 51

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4/11/2007 - Great Barrington, Lee, Lenox, Pittsfield, Sheffield, Stockbridge
Housatonic Railroad Company - Yearly Operational Plan for spraying herbicide on the right-of-way
Department of Agricultural Resources - Notice of Receipt of Yearly Operational Plan

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Donny Brook Country Club 18-Hole Golf Course - Lanesborough
EOEA No. 13093

Issued 01/03/2007:
Secretary's Certificate (pdf) Requires an Environmental Impact Report

Notice of Project Change (pdf) submitted Novmeber 16-30, 2006

Issued 01/13/2006:
Secretary's Certificate
[pdf]: Does not adequately and properly comply with MEPA

Issued 12/15/2006
Secretary's Certificate
(pdf): Requires a full Environmental Impact Report (draft and final)

For copies: Virginia Allan (617) 536-0975
MEPA Analyst: Deirdre Buckley (617) 626-104 deirdre.buckley@state.ma.us

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Berkshire Biodiesel - Pittsfield
EOEA No.14037

Certificate Issued - June 22, 2007
Does not require an Environmental Impact Report

Environmental Notification Form (ENF) (pdf) submitted May 23, 2007

The project proposes the construction of a biodiesel production facility and a new rail siding connecting the biodiesel production facility to an adjacent CSX rail line. The project site is located at 448 Hubbard Avenue in Pittsfield. The proposed rail siding is located primarily in Dalton. The first six pages of the ENF and a detailed project description can be viewed here: http://www.mass.gov/envir/mepa/pdffiles/enfs/052307em/14037.pdf 

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5/9/2007 - Pittsfield - 109 South Street - currently known as the Colonial Theatre Annex
Notice of Rights of Affected Third Parties (pdf)
Brownfields Covenant not to Sue

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Berkshire School Master Plan , Sheffield
EOEA No. 13852

Notice of Project Change
Issued 4/27/2007
Secretary's Certificate (pdf): Project change is insignificant; does not require an Environmental Impact Report

Project submitted July 18 - 30, 2006
Environmental Notification Forms
Issued: 9/29/2006:
Secretary's Certificate(pdf): Does NOT require an Environmental Impact Report

Copy of the first pages of the ENF (pdf)
Site visit was Tuesday, August 22, 2006
For copies call Evelyn Friedrich (617) 951-1123
MEPA analyst Briony Angus (617) 626-1029 briony.angus@state.ma.us

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How to Submit Comments to MEPA:

The Secretary of Environmental Affairs accepts written comments on projects currently under MEPA review. Comments may be submitted electronically, by mail, via FAX, or by hand delivery. Please note that comments submitted on MEPA documents are public records.

Be sure to include the EOEA number on all comments!

The mailing address for comments is:
Secretary Stephen Pritchard
EOEA, Attn: MEPA Office
[Analyst Name], EOEA No. ____
100 Cambridge Street, Suite 900
Boston MA 02114

Be sure to include the EOEA number on all comments!

state email addresses are: first name . last name @state.ma.us
for example: Briony.Angus@state.ma.us

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