Letters to MDAR from Cape Cod Town Officials

Page 1 of 1 Secretary of the Interior

Town of Barnstable Town Council

367 Main Street, Village of Hyannis, MA 02601 508-862-4738 â—? 508-862-4770 E-mail: council@town.barnstable.ma.us www.town.barnstable.ma.us

Councillors: Jessica Rapp Grassetti President Precinct 7 Ann B. Canedy Vice President Precinct 1 Eric R. Steinhilber Precinct 2 Paul Hebert Precinct 3 Frederick Chirigotis Precinct 4 James H. Crocker Jr. Precinct 5 William Crocker Jr. Precinct 6 Dr. Debra S. Dagwan Precinct 8 James M. Tinsley Precinct 9 Sara Cushing Precinct 10 Philip Wallace Precinct 11 John T. Norman Precinct 12 Jennifer L. Cullum Precinct 13 Acting Administrator: Cynthia A. Lovell Administrative Assistant:

Mr. John Lebeaux Commissioner Massachusetts Department of Agricultural Resources 251 Causeway Street, Suite 500 Boston, Massachusetts 02114 Dear Commissioner Lebeaux: Congratulations on your recent appointment to head the Massachusetts Department of Agricultural Resources, We look forward to working with you and your staff to help protect our natural resources on Cape Cod and throughout the Commonwealth.

NSTAR, or Eversource as it is now known, has indicated they plan to spray herbicides this year on 13 towns across Cape Cod and they have submitted their proposed 2015 yearly operational plan for approval by MDAR. Considering the widespread concern about the use of these chemicals and indications that the Massachusetts Legislature is proposing changes to our current regulations, we ask that you deny Eversource’s request to use pesticides along our utility rights-of-way in 2015.

We ask that you review the attached letter to our local representatives and consider using it as a basis to create a long term solution to this ongoing issue. We believe it represents a constructive approach forward and your support would be invaluable.

Thank you for considering our request and we look forward to your reply.

Sincerely, Jessica Rapp Grassetti Barnstable Town Council President

February 24, 2015

Honorable Charlie Baker Massachusetts State House, Room 305 Boston, MA 02133 Secretary Matthew A. Beaton Massachusetts Department of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Dear Governor Baker and Secretary Beaton: As part of its five-year Vegetation Management Plan in compliance with 333 CMR 11.00, NSTAR Electric and Gas Corporation (NSTAR) is applying five different herbicides under approximately 150 miles of electrical and transmission lines across Cape Cod and the Islands.

For decades, NSTAR (formerly Boston Edison and Commonwealth Electric) used only nonchemical methods for controlling weeds along its rights-of-way, employing mechanical cutting and hand mowing exclusively across the state, including on Cape Cod. We request all permits of licenses for the application of chemical spraying of these herbicides be rescinded immediately.

Between 2004 and 2007, NSTAR began spraying pesticides on Cape Cod along rights-of-way.

Residents on Cape Cod learned of these pesticide plans when NSTAR filed a new Vegetation Management Plan in 2008. Following months of public outcry and delay, NSTAR agreed to a moratorium on herbicide spraying through the end of 2010. In the spring of 2011, they began spraying once again. These herbicides threaten public health, the environment and precious drinking water resources on Cape Cod. We, the Bourne Board of Selectmen, oppose pesticide use along rights-of-way on Cape Cod, and ask that NSTAR commit to a no-spray, herbicide-free policy on Cape Cod rights-of-way for the following reasons: •

We recognize that herbicide treatment can be less expensive in the short-term, however, the use of herbicides to control weed growth along rights-of-way on Cape Cod is an unnecessary risk for public health and the environment. The Right-of-Way being sprayed cover 85% of the contribution lands for Bourne’s drinking water.

•

The herbicides NSTAR proposes for use on Cape Cod can migrate off rights-of-way, seeping into groundwater and surface water and exposing humans and aquatic organisms to toxic chemicals. Cape Cod is an EPA-designated sole source aquifer, meaning the aquifer is the only source of drinking water for Cape Cod and if contaminated, would create a significant hazard to public health. Sandy soils across the Cape leave

groundwater particularly vulnerable to contamination. Cape Cod is very windy and documented wind velocities rarely fall within label restrictions, meaning that herbicides will drift during spraying operations. •

Non-toxic alternatives to weed control on rights-of-way already exist and are readily available. For decades before 2004, NSTAR dealt effectively with weeds on Cape Cod through selective hand-cutting and mechanical mowing. We are asking NSTAR to return to those safer, non-chemical methods of weed control.

The short-term financial benefits are far outweighed by the long-term liability for risks posed to precious drinking water, the health of Cape Cod communities, and the safety of workers. We request that NSTAR abandon its current plan to use herbicides along rights-of-way on Cape Cod and commit to a no-spray, pesticide-free policy of vegetation management on Cape Cod and the Islands.

In addition to the above, recent action of the Bourne Town Meeting has required that the Town do everything in its authority, through the Board of Selectmen to move to have the application of sprays and ground applied herbicides along utility Rights of Way fully ceased. Also, resolutions have been passed and presented to the Governor from all fifteen towns on Cape Cod and Martha’s Vineyard in opposition to the Integrated Vegetation Management Program. We ask for your intervention in this matter and all further spraying be postponed until alternative nonchemical controls be evaluated and implemented.

We additionally request a delay in the spraying by the revocation of the 5 year NSTAR 20132017 VMP (Vegetation Management Plan) for Cape Cod. Respectfully, ______________________ Peter J. Meier ______________________ Donald J. Pickard ____________________ Stephen F. Mealy ____________________ Donald E. Ellis ____________________ Linda M. Zuern Copy:

Sen. V Manuel deMacedo Rep. Randy Hunt Sen. Daniel A. Wolf Rep. Tim Whelan Rep. Sarah Peake Rep. Tim Madden Rep. David Vieira

Town of Dennis P.O. Box 2060, South Dennis, MA 02660/ Telephone: 508-394-8300 Fax: 508-394-8309 John Lebeaux, Commissioner Mass Dept. of Agricultural Resources 251 Causeway St. Suite 500 Boston, MA 02114

Dear Mr. John Lebeaux; I write at the request of the Dennis Board of Selectmen to request that you pennanently eliminate the broad-scale use of herbicides as an acceptable vegetative management practice in the management of your right of ways. The Board believes it is important for NST AR to step back and take a hard look at its Rights-of-Way Management.

The top few inches of soil on Cape Cod is living, breathing and life-sustaining. Living soil is responsible for filtering our entire water supply on Cape Cod. Living soil retains carbon, thus reducing the effects of global wanning. Native small trees and shrubs provide cover for living soil. The trees and shrubs release clean oxygen into our atmosphere. In the past, NSTAR has demonstrated responsible and sustainable management practices regarding power line easements with selective cutti,ng and mowing. These practices protect the soils capability to filter our water supply rather than kill it by the application of pesticides and herbicides which leach toxins into our finite water supply, toxins that hann the health of residents along with native plants and wildlife species.

Switching to short-tenn, short-sighted methods of applying pesticides (a combination of chemical cocktails which have not been tested when mixed together) kills off the beneficial and liv,ing micro-organisms, mycillium, etc. which nourish and maintain the living soil that constantly filters our water and retain carbon is not responsible land management.

NSTAR has always been responsible in its past efforts to work with the citizens of Cape Cod . We would appreciate it greatly ifNSTAR explored other possibilities so that it can make the responsible and sustainable rights of way management decision to benefit us all.

Sincerely,

!

Town Administrator

May 7, 2015

Honorable Charlie Baker Massachusetts State House, Room 305 Boston, MA 02133 Secretary Matthew A. Beaton Massachusetts Department of Energy & Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Dear Governor Baker and Secretary Beaton: As part of its five-year Vegetation Management Plan, in compliance with 333 CMR 11.00, NSTAR Electric and Gas Corporation (NSTAR) is applying five different herbicides under approximately 150 miles of electrical and transmission lines across Cape Cod and the Islands. Between 2004 and 2007, NSTAR began spraying herbicides on Cape Cod along these rights-of-way. Residents on Cape Cod learned of these herbicide plans when NSTAR filed a new Vegetation Management Plan in 2008. Following months of public outcry and delay, NSTAR agreed to a moratorium on herbicide spraying through the end of 2010.

In the spring of 2011, they began spraying once again. These herbicides threaten public health, the environment, and precious drinking water resources on Cape Cod. We, the Mashpee Board of Selectmen, oppose pesticide use along rights-of-way on Cape Cod. We request all licensing permits for application of chemical spraying of herbicides be rescinded immediately, and ask that NSTAR commit to a no-spray, herbicide-free policy on Cape Cod rights-of-way for the following reasons: 

Although herbicide treatment can be less expensive in the short-term, the use of herbicides to control weed growth along rights-of-way on Cape Cod is an unnecessary risk for public health and the environment.



The herbicides NSTAR proposes for use on Cape Cod can migrate off rights-of-way, seeping into groundwater and surface water, and exposing humans and aquatic organisms to toxic chemicals.

Cape Cod is an EPA-designated sole source aquifer, meaning the aquifer is the only source of drinking water for Cape Cod. Contamination of that aquifer would create a significant threat to public health. Sandy soils across the Cape leave groundwater particularly vulnerable to contamination. Furthermore, Cape Cod is very windy and documented wind velocities rarely fall within label restrictions, meaning that herbicides will drift during spraying operations.



Effective non-toxic alternatives for weed control on rights-of-way currently exist and are readily available. For decades before 2004, NSTAR dealt effectively with weeds on Cape Cod through selective hand-cutting and mechanical mowing. It is our position that NSTAR should return to those safer, non-chemical methods.

The short-term financial benefits of herbicidal use are far outweighed by the long-term liability for risks posed to precious drinking water, the health of Cape Cod communities, and the safety of workers. We request that NSTAR abandon its current plan to use herbicides on rights-of-way, and commit to a nospray, pesticide-free policy of vegetation management on Cape Cod and the Islands.

In opposition to the Integrated Vegetation Management Program, resolutions have been passed and presented to the Governor from all fifteen towns on Cape Cod and Martha’s Vineyard. We ask for your intervention in this matter, and that all further spraying be postponed until alternative non-chemical controls can be evaluated and implemented. Additionally, we request a delay in spraying by the revocation of the five-year NSTAR 2013-2017 Vegetation Management Plan for Cape Cod. Respectfully,

_________________________________ Wayne E. Taylor, Chairman

_________________________________ Michael R. Richardson, Vice Chairman

_________________________________ Carol A. Sherman, Clerk

_________________________________ John J. Cahalane

_________________________________ Andrew R. Gottlieb