Carver: Pontiff-Ryco Excavating Mining Site, 104 Tremont violates wetlands laws, more
May 1, 2026: Breaking News: Ten Residents Group Seeks Court Injunction to Stop Sand Mining
The court filing seeks an injunction based on Damage to the Environment in violation of environmental laws. It states:
Pursuant to M.G.L. c. 214, § 7A (“Citizen Suit Law” or “§ 7A”), Mass. R. Civ. P. 65, and Superior Court Rule 9(A)(e)(1), Plaintiffs, comprising a Ten Residents Group, submit this Memorandum in Support of their Motion for a Preliminary Injunction seeking to enjoin Defendant E. J. Pontiff Cranberries, Inc. (“Pontiff”) and those acting in concert with it from continuing the expansion of a 46.5 acre commercial sand and gravel mining1 operation at 104 Tremont Street, Carver, Massachusetts (the “Site”)(Town of Carver Assessor’s Map 123, Lot 13).
Plaintiffs seek to enjoin Pontiff’s commercial mining in violation of laws the major purposes of which are to prevent or minimize Damage to the Environment under § 7A:
- Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40 (“WPA”) and the Wetlands Regulations, 310 CMR 10.00 (“Wetland Regulations”) flatly prohibit work during a pending administrative appeal and the Presiding Officer in that proceeding has ruled, “[a]ny work is therefore already prohibited,” yet Pontiff continues land clearing and excavating resulting in the alteration of up to 7.02 acres of Buffer Zone to Bordering Vegetated Wetlands and up to 3.02 acres of Riverfront; and absent adequate erosion and sediment controls required under the WPA and Wetland Regulations;
- Town of Carver Earth Removal Bylaw, Chapter 136 (“By-law”) and Massachusetts Erosion and Sediment Control Guidelines (“Manual”) require a 50-foot undisturbed buffer to Myles Standish State Forest that has been and is being eliminated, causing tree loss and allowing emissions of sand dust exposing visitors to the park to air pollution; and
- Massachusetts Endangered Species Act (“MESA”), M.G.L. c. 131A, §§1-7 and Regulations thereunder, 321 CMR 10.00 (“ESA Regulations”) that require specific conditions to avoid a Take of the Northern Red-bellied Cooter turtle caused by the elimination of 1.7 acres of actual habitat.
Read the Lawsuit and Injunction Here:
Ten Residents Seek Injunction May 1, 2026 2026.05.01.Pl Memo ISO Short Order and PI 2683CV301 Pl.ListAppendices Appendix 1 Fanuef Affidavit Appendix 1 Fanuef Affidavit.pdf Appendix 2 Affidavit Powell Appendix 3 Fosgate Affidavit Appendix 4 Hatfield Affidavit 2026.04.02 Complaint w verificaiton Ten Residents v. Pontiff 104 Tremont
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For over 20 years mining has been destroying wetlands, endangered species habitat with no regulation except by the Carver Earth Removal Committee
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Residents sue to revoke Carver Earth Removal Permit, wetlands permit State refuses to issue cease and desist to stop illegal mining without a wetlands permit
Background
Behind the facade of “Federal Furnace Cranberry Co.” at 104 Tremont Street in Carver, Massachusetts is a history of destructive and illegal sand and gravel mining on about 120 acres. The company grows cranberries and gets permits from the Town of Carver claiming the industrial scale sand mining is “agriculture”.
In 2024, Federal Furnace Cranberry’s new owner EJ Pontiff Cranberries, Inc., obtained a permit from the Carver Earth Removal Committee mine 46.5 acres of the last forested uplands on the site. The permit is worth about $15 million in sand and gravel. Pontiff claims the mining is just to level the site for “17.8 acres for five new cranberry bogs.”
Chronology of destruction
The Sand Wars report documents that mining has leveled about 120 acres for sand and gravel at this Site with another almost 50 acres underway.
Below: Pontiff’s sand mining underway, July, 2024 at 104 Tremont Street, Carver MA
Below: EJ Pontiff Cranberry starts clear-cutting forest for strip mine, 104 Tremont St., Carver MA April, 2024
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Below: Mining operation about 2010 (Google Earth Pro image)
Below: Mining in the Plymouth Carver Sole Source Aquifer, October, 2018
This shows a mining in the Sole Source Aquifer, sand processing and dewatering operation and commercial sand and gravel processing equipment at the 104 Tremont Street site.. Dewatering by pumping water out of the aquifer makes it easier to dig deeper. The sand is washed on site to extract fine particles. The process water is then discharged on site.
This was never permitted by any local, state or federal agency. To date, the state and federal agencies refuse to take enforcement action.
Who is “EJ Pontiff Cranberries, Inc.”?
In 2022, EJ Pontiff Cranberry Co. of Duxbury MA purchased the Federal Furnace Cranberry site. Pontiff is one of the largest sand and gravel operators in the region. Pontiff has been mining in Plymouth and Carver for decades under various names and often with AD Makepeace according to town records and reports. EJ Pontiff’s mining in Carver includes a site on Ward Street done under the name of “Cedar Meadow Cranberry.” Read more here.
Pontiff and P.A. Landers recently finished a massive 1+ million mining operation on Firehouse Road in Plymouth. Pontiff bought the Firehouse Road mining site from Federal Furnace Cranberry Co. Pontiff bought the 104 Tremont Street mining site from the Federal Furnace Cranberry Co. in 2023.
Cranberries or sand mining? The cranberry industry is in decline and can’t make money, according to a number of industry, academic, and government sources. The world’s largest cranberry grower, A.D. Makepeace of Wareham is trying to sell off bogs because cranberry farming is unprofitable. Yet EJ Pontiff Cranberry in 2024 is being allowed by the state to 46.5 of forested hills to mine $15 million in sand and gravel to build bogs at some future unknown time?
Click here to read about how sand mining companies exploit agricultural loopholes to mine sand.
Advocacy Efforts
Here is an overview of CLWC and local residents’ advocacy efforts:
Lawsuit to revoke Earth Removal Permit: In February, 2024, the town of Carver gave Pontiff a new earth removal permit for the site — for about 1.5 million cubic yards – about $15 million worth of sand and gravel. This is about 40,000 truck loads. On April 19, 2024, two residents filed a lawsuit to revoke the permit. See the lawsuit here.
The lawsuit claims the permit violates the Bylaw:
- The ERC is not authorized to issue permits for Commercial Mining at this location because it is not agriculture.
- Even if it could issue the permit the ERC did not require things mandated by the law, such as a way to independently monitor how much sand Pontiff mines.
- The site plans lack required items such as Vegetation, Primary recharge areas, or groundwater levels before and after excavation.
The permit is also illegal because ERC members who were not in attendance at the hearings issued the permit, which would void the permit. The ERC members have conflicts of interest. Read more about Cranberry Country Corruption here.
Challenge to state Wetlands Permit: The 2024 mining expansion on 46.5 acres requires a permit under the state and local wetlands laws. The state granted wetland approval on April 12, 2024. On April 26th, 2024 a Carver Ten Residents group filed an Appeal Notice of MassDEP’s Superseding Order of Conditions (SOC) issued to EJ Pontiff Cranberry Co. See the appeal here. The appeal says MassDEP is not protecting wetlands.
Wetlands Appeal: On August 7, 2024, a Carver Ten Residents Group continued its advocacy efforts against illegal sand mining in Carver. The Group appealed a wetlands permit issued by the state Department of Environmental Protection (MassDEP) in April 2024. Read more here.
- Massachusetts’ environmental agencies sides with sand mining company, won’t stop illegal operations, state’s legal filings admit no wetlands permit but says enforcement of wetlands laws “discretionary”
- Experts say sand worth $24 million on 50 acre site started in early 2024
- CLWC supports Carver Ten Residents fight for environmental protection from illegal mine
- Legal filings and affidavits say state DEP lawyer interfered with Ten Residents right to obtain evidence of wetlands violations
The appeal is at the administrative hearing level at the State Office of Appeals and Dispute Resolution with MassDEP On July 17, 2024, the Group’s wetlands experts used the legal process to attempt to identify the wetlands that could be harmed by the mining operation. Pontiff and MassDEP’s lawyers interfered with the expert’s work. Pontiff refused to let the experts view important wetland areas on the site.
On August 7, 2024 the Ten Residents Group took action:
- They asked the administrative law judge for “discovery” to allow their wetlands expert to view the wetlands. Without knowing where the wetlands are, it is impossible to protect them from the mining operation. The state wetlands law requires MassDEP to protect the wetlands. Read the Ten Resident’s Legal Memo here. See the Exhibits to the Legal Memo here.
- They asked the administrative law judge to remove the MassDEP lawyer from the case. The affidavits of the Ten Resident’s lawyer and experts document the lawyer’s inappropriate actions and interference with the Group’s right to collect evidence of wetlands and to present their case. Read the Ten Resident’s Legal Memo to Remove the DEP Lawyer here.
Read more about this mining operation here and CLWC’s advocacy here.
See the wetlands permit plans here.
May, 2024: State refuses to stop illegal work. The state wetlands law prevents work when an appeal is pending. Pontiff has already started work at this site including clear cutting trees and hauling them off site. As of July 2024, the mine is in active operation. Read more here about Ten Residents request for a cease and desist.
CLWC demands MEPA environmental study. Read the August 1, 2024 demand letter here.
Notice of Intent to Sue: On August 8, 2025, a Ten Residents Group, including Community Land and Water Coalition (CLWC) and local residents, sent a Notice of Intent to Sue under M.G.L. c. 214, § 7A regarding the sand and gravel mining and related activities at 104 Tremont Street, Carver.
The notice states that since at least 2006 the site has been used for land clearing, logging, excavation, earth removal, sand and gravel mining, grading, and filling, causing “ongoing, cumulative damage to the environment.” It describes damage to wetlands, rare species habitat, historic areas, and the Plymouth Carver Sole Source Aquifer, as well as air and water pollution from dust, silt, and sand.
The letter lists multiple violations of law, including:
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The Clean Water Act
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The Massachusetts Clean Air Act
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The Wetlands Protection Act
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The Carver Earth Removal Bylaw
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The Massachusetts Endangered Species Act
The Ten Residents Group seeks an immediate cessation of all activity at the site that is causing or about to cause damage to the environment. If violations do not cease, they intend to file a civil action in Superior Court after 21 days to seek equitable and declaratory relief. Read the letter here.
Environmental Justice
The state Environmental Justice map of a portion of Carver is below. These are neighborhoods that are disproportionately affected by environmental hazards, putting them at an increased risk. Under the state’s Environmental Justice policies these communities are supposed to be protected at a higher level due to their vulnerability. Click here to learn more.
Below: Map of Carver’s EJ neighborhoods and some sand mines.
Two massive sand mines are expanding operations in Carver’s Environmental Justice neighborhoods – EJ Pontiff at 104 Tremont Street and AD Makepeace at 46 Federal Road. Makepeace also operates its trucking and freight terminal at 46 Federal Road with hundreds of sand and gravel trucks daily. Read more here. Many mines already operate in EJ neighborhoods — no one knows how many.
Exposure to Silica Sand Dust
A new federal law enacted on April 18th, 2024 acknowledges the adverse health effects caused by exposure to silica dust. These effects include silicosis, nonmalignant respiratory diseases , lung cancer, and kidney disease. Each of these effects is chronic, irreversible, and potentially disabling or fatal.
Archeological Impacts
The purple on the map below shows this is an archeological site according to the Massachusetts Historical Commission.
What has happened to any Native American cultural sites here?
TAKE ACTION: SIGN THE PETITION here
Sand Wars in Cranberry Country Report: www.sandwars.org
An investigation into the money, politics and corruption behind sand mining and its silent environmental crisis in Southeastern Massachusetts
Movie> Short Version 5 min. Long Version 10 min.
For heavens sake!! This was hardly a good harvest. Hot summer, lots of rot, and that didn’t make for profits. This is simply another ruse to remove the Town of Carver, grain by grain of sand!! We need to preserve our environment. No more Solar, no battery units, no more destruction, this may be the season of giving, but this proposal is a NOT of any benefit to the Carver townspeople.
What are they doing to the Ware Bog ? OMG 😳 Stop 🛑 the brutal mining.
What are they doing to the Ware Bog ? OMG 😳 Stop 🛑 the brutal mining.