June 18, 2026 BREAKING NEWS: Conservation Law Foundation announces intent to sue AD Makepeace Co. for wetlands violations in Plymouth

AD Makepeace’s wetlands filling at the Wankinko Bogs in Carver at 46 Federal Road are the subject of a notice of intent to sue by Conservation Law Foundation. Read CLF’s letter here.

Excerpt from CLF’s letter:

The Wankinko Bogs Site is within an approximately 538-acre parcel identified by the Town of

Carver Assessor as Map 131, Lot 2-4. The wetlands at the Site included a perennial stream that connected to the Wankinco River. The Wankinco River flows through Tihonet Pond and into the Wareham River. These waters constitute waters of the United States. A.D. Makepeace engaged in commercial sand and gravel mining at the Wankinko Bogs Site since 2011. In doing so, it has strip-mined or plans to strip-mine approximately 60 acres of wetlands. Between June 2012 and May 2015, A.D. Makepeace filled the perennial stream, permanently eliminating it. The discharged dredged or fill material remains in place. A.D. Makepeace also entirely filled portions of the wetlands in order to build trucking roads to facilitate its mining operations.

Upon information and belief, A.D. Makepeace did not obtain an individual permit from USACE to discharge dredged or fill materials into waters of the United States at the Wankinko Bogs Site, nor did it obtain coverage under a general permit.

MAY 2026: MassDEP judge says AD Makepeace violates state Wetlands Protection Act by mining without a valid permit;  mischaracterizes sand and gravel as “agriculture”

On May 12, 2026, a MassDEP Presiding Officer found ADM Cranberry conducted sand mining in a wetland buffer zone in violation of the Wetlands Protection Act while an appeal was pending. The judge also found AD Makepeace’s project was not “agriculture” for purposes of the wetlands law, but commercial and agricultural. This sets a major precedent for all the region’s sand mines that claim their sand mining is “agriculture.” The judge found Makepeace must comply with the state stormwater rules. Read the Decision here:

MassDEP Decision on AD Makepeace Sand Mine

• Decision was in response to CLWC appeal of Town of Carver wetlands permit to allow AD Makepeace mining expansion

• In May 2024 the Earth Removal Committee gave AD Makepeace its 13th sand mining for “cranberry agriculture” since 2003

• Earth Removal Committee admits bogs not built in 20 years, issues permit anyway 

• Residents suffer from noise, dust, excessive truck traffic, threats to drinking water wells

Above: April, 2025. AD Makepeace Co. sand mining operation at 46 Federal Road, Carver, MA. The mine started in 2011 and has continued expanding since. As of 2025 it covers about 60 acres. The company claims it is building cranberry bogs. This claim is used to evade local land use laws. See the drone footage here.

May, 2024: Town of Carver issues 13th sand mining permit to AD Makepeace Co.

In March, 2024, the Town of Carver Earth Removal Committee (ERC) granted AD Makepeace Co. the 5th sand mining permit for 46 Federal Road. The mine has been operating since 2011. Today the mine covers about 60 acres. Makepeace claims mining 60 acres is necessary to build 23 acres of bogs. At this location, Makepeace has mined sand worth at least  $60 million in sand according to recent price information.  The cranberry bogs are not built and it has not harvested one cranberry in 14 years of mining.

The ERC issued the “earth removal” permits under the claim that the mining is “necessary” to level the land for a cranberry bog and “incidental” to using the land for agriculture. It is not. Makepeace uses the sand and gravel to supply is its commercial aggregate business Read Custom Soils located on the same site.

The ground-breaking investigative report Sand Wars in Cranberry Country explains how AD Makepeace and other cranberry companies evade the laws to get sand mining permits.

For the 2024  Earth Removal Bylaw permit application Makepeace recycled old plans from 2011 called “Cranberry Bog Development and Earth Removal Plan.”

This site is one of seven Makepeace mining sites in the south Carver area.

Mining harms Environmental Justice neighborhood, environment

Local residents challenged the May 2024 earth removal permit for 46 Federal Road in court. They exercised their rights under the law to protect their health, homes and their environment including their drinking water.  See lawsuit here. 

A court dismissed the case on “standing” grounds saying the residents are not harmed. Those living in Cranberry Village, a mobile home park, know better. The mining is happening over the Carver aquifer protective district.  The mining threatens drinking water according to world renown expert Scott Horsley. The mining exposes the Environmental Justice community to sand dust, excessive noise, and diesel emissions from incessant trucks.

Town ERC sided with Makepeace in getting the case dismiss — ignoring the rights of its own residents to be free from harm from sand mining.