Flooded Bogs Lead to Enforcement Order

The Buzzards Bay Coalition, along with their engineer and contractor working on The Bogs restoration project off Acushnet Road, came before the Mattapoisett Conservation Commission on January 16. The meeting was to discuss recent flooding of the site now fully under construction, which led to the transmission of soils beyond the scope of work, namely the woods surrounding the site and the Mattapoisett River.

            During the nearly two-hour discussion, the commission heard from the on-site management team of the contractor Luciano of Taunton, the engineer Stephen Leeco of GZA, and Sara da Silva Quintal, restoration ecologist for the Buzzards Bay Coalition, owners of the property.

            Commission Chairman Mike King stated that he had been notified by a concerned abutter that something was wrong at the former commercial cranberry-bog site. What he found was the remains of flooding from recent storm events where water had breached manmade canals, pushing soils into jurisdictional, wooded areas beyond boundaries noted in the Order of Conditions issued by the commission. Soils were also present in water samples provided by the town’s agent, Brandon Faneuf, flood waters he said had reached the Mattapoisett River.

            During the meeting, each involved party was given time to explain their part in the project, offering reasons why the storm waters overtopped the canals and later sharing their part towards assuring it wouldn’t happen again.

            Luciano staff members spoke to the actual on-site, earth movement and why they had believed erosion controls in place were sufficient. Faneuf submitted photographs and a video of the site, which clearly demonstrated erosion controls failed. It was noted by the contractor that the rate of storm water flow was simply much greater than the rate of water emptying into storage quadrants; King felt such a possibility should have been anticipated.

            King was candid, saying that because the partners involved were the BBC, USDA and Massachusetts Department of Ecological Restoration, the commission, “…didn’t ask enough questions,” before conditioning the project. Now he and all the members of the commission wanted more details and a restoration plan for the flooding.

            Immediate plans, include having pumps available during future weather events to divert water away from possible flooding locations. GZA is to prepare restoration plans, and Luciano staff will monitor the weather and be prepared to react as needed.

            Quintal said several times that this bog restoration project, which has been in various stages of acquisition and restoration since 2011, was designed to keep soils on site. Faneuf explained the danger to wildlife when sediments cloud the water, making it clear such issues held dire consequences for fish and other forms of wildlife.

            But a far greater threat became a topic when commissioner David Nicolosi asked if the BBC tested the soils of the former bogs for chemicals used historically by the cranberry industry. “No testing was done,” Quintal replied, while stating again, “…the sediment wasn’t to leave the site.”

            Nicolosi said not testing for chemicals was a gross oversight and that the BBC, “…owed it to the citizens of Mattapoisett.” Nicolosi expressed concern over freshwater wells along with the town’s water supply.

            The commission issued a cease-and-desist Enforcement Order. Plans were made for the commissioners to visit the site in staggered rotation on January 17 and that the matter will return as an agenda item on February 6.

            The next meeting of the Mattapoisett Conservation Commission is scheduled for Tuesday, February 6, at 6:30 pm.

Mattapoisett Conservation Commission

By Marilou Newell

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