Mr. Michael McClean Rights of Way Program Massachusetts Department of Agricultural Resources 251 Causeway Street, Suite 500 Boston, MA 02114-2151
October 8, 2013
Re: NSTAR 2013 Yearly Operational Plan, Right of Way #319, Pleasant Bay ACEC and Watershed Dear Mr. McClean: The Pleasant Bay Alliance wishes to express opposition to proposed use of herbicides for vegetation maintenance along Right of Way 319 as outlined in the NSTAR 2013 Yearly Operational Plan (YOP). The Alliance is an organization of the towns of Orleans, Chatham, Harwich and Brewster formed to implement the Resource Management Plan for the Pleasant Bay Area of Critical Environmental Concern (ACEC) and Pleasant Bay watershed. The state-designated Pleasant Bay ACEC encompasses all marine and freshwater resources that have a perennial hydrological connection to Pleasant Bay. Thus, the ACEC encompasses 6,483 acres of estuarine surface waters, and 180 acres in eleven freshwater ponds, including five Massachusetts Great Ponds. All waters within the ACEC are classified as Class SA Outstanding Resource Waters (314 CMR 4.06, Table 26.Cape Cod Coastal Drainage Area). Wetlands within the ACEC are subject to the standard of no adverse effect (310 CMR 10.24(5)). The ACEC boundary should be indicated on the YOP maps to ensure that Outstanding Resource Waters and ACEC wetlands are adequately protected. Based on our review of the maps provided in the YOP we note that the ROW 319: •
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passes through the boundary of the ACEC when it passes over Muddy Creek, a subembayment within the ACEC, which is not indicated on the map as having special resource significance; is in close proximity to ACEC wetlands in Harwich, which are not indicated on the map as having any special resource significance; passes through the watershed of Pleasant Bay in all four towns, and herbicide use within the watershed has the potential to influence resource conditions in the Bay
PO Box 1584 Harwich MA 02645 Tel. 508 430 2563 www.pleasantbay.org
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through leaching into the groundwater, which ultimately discharges into the Pleasant Bay ACEC; passes through recharge areas to public drinking water supplies located within the Pleasant Bay watershed in Harwich, Brewster, and Orleans.
The case for restarting use of herbicides for vegetation management has not been demonstrated by an alternatives analysis and is not compelling. Mechanical techniques employed by NSTAR have worked successfully in recent years. There is no explanation as to why the mechanical techniques to be used in areas where herbicides are prohibited (YOP, p. 13) could not be used throughout the ROW. It is our understanding that the Orleans Water Department mechanically cleared a portion of ROW 319 in the Orleans Water Supply Area, eliminating the need for any herbicide application in that area. The YOP does not include an assessment of alternative management techniques that clearly demonstrates why use of herbicides is the necessary and preferred approach. The Alliance recognizes that NSTAR is not the only source of herbicide use in the watershed, and reductions in herbicide use from other land uses also are needed. In summary, the YOP does not provide an assessment of alternative management techniques to control vegetation without herbicides. Furthermore, the YOP does not demonstrate adequate protection of Outstanding Resource Waters and ACEC wetlands, which are subject to the standard of no adverse effect. Unless these conditions are met, we urge Massachusetts Department of Agricultural Resources to direct NSTAR to abandon its proposal to restart herbicide use for ROW maintenance within the Pleasant Bay ACEC and watershed. Pleasant Bay’s designation as an ACEC is based on the health and abundance of its water resources, wetlands, and habitat, and its importance to the Commonwealth as a significant environmental resource. Sincerely,
Allin P. Thompson, Jr. Chairman Steering Committee Cc: Boards of Selectmen, Harwich, Chatham, Brewster, Orleans Representative Sarah Peake Senator Daniel Wolf William Hayes, Senior Transmission Arborist NSTAR Electric and Gas Corporation Planning, Scheduling and Contract Services Department One NSTAR Way, SE-370 Westwood, MA 02090-9230
PO Box 1584 Harwich MA 02645 Tel. 508 430 2563 www.pleasantbay.org