5 Questions For Governor Healey on Sand Mining
CLWC responds to Governor Healey’s claim that the state’s environmental investigation shows sand mining in Southeastern Massachusetts
violates no laws
August 26, 2024
On August 20, 2024, a network of groups delivered a petition to Massachusetts Governor Healey for a moratorium on sand mining. Governor Healey’s top environmental spokesperson responded that the state investigated and found no violations. This is a stunning remark. The evidence collected and presented to our top environmental officials since 2019 shows clear violations of the law. If these aren’t violations, what is?
What Governor Healey said
In a story published in the State House News Service on August 20, 2024, the Healey Administration’s environmental spokesperson responded to the petition request for a moratorium on sand mining saying there are no violations of environmental laws. Spokesperson Hardiman said:
“We are aware of the concerns raised by advocates about sand mining activities and their potential environmental impacts,” EEA spokesperson Maria Hardiman said in a statement to the News Service. “We have thoroughly considered these concerns when making permitting decisions and conducting inspections, and have not yet identified violations of relevant laws, regulations, or permits and will continue to look into this issue. We met with the advocates last year to address these concerns, and we are committed to conducting a further review of the potential impacts associated with sand mining and addressing specific complaints about environmental regulations.”
This statement is in contrast to the reality before our very eyes. For years, residents have been suffering from the impacts of sand mining. Learn more in the short film, Sand Wars in Cranberry Country.
5 Questions for Governor Healey
1. What law allows open pit mines to fill people’s yards and lungs with silica dust?
Governor, what laws allow open pit mines to fill Southeastern Massachusetts communities with windblown sand year after year?
Sand from mining operations becomes wind blown and covers homes, making it impossible for residents to open their windows without being exposed to carcinogenic silica sand from the mines. This violates air pollution and public nuisance laws at a minimum. The federal Mine Health and Safety Administration just finalized a new rule that applies to sand mine works dealing with silica sand. See the federal Respirable Crystalline Silica law here. Why does the Governor allow residents to be exposed?
- SLT Construction mining operation on Spring Street and Route 44 in Carver MA. Since about 2018 sand has been blowing off the mining site on to peoples homes and yards, covering their cars. When the mining operator offered one resident coupons for a car wash, she asked for $36,000.00 — one car wash a day for 5 years. According to the resident, ‘I’m elderly, should I have to take my car to the car wash every day?” (Source available on request). Despite repeated requests to the Town of Carver and the state, the violations continue. Carver and SLT are fighting the residents in court on every level. The state is siding with SLT. Read more here and see the drone video here.
- G. Lopes Construction/Bette Maki/Johnson Cranberry mining operation on Meadow Street in Carver MA. Read more on the blog here and watch the drone video. Since 2011, residents near the mine have been trapped in their home by sand storms. Sand fills their gutters and covers their skin when the go outside their homes. The site is still an open pit mine and the Town of Carver is fighting residents in court, siding with the mining operator. A story in the Boston Broadside reports on these environmental harms.
Below: Meadow Street, Carver MA. Sand from the abutting mine covers a resident’s car. G. Lopes Construction offered this resident few car wash coupons for a self-serve car wash as compensation for years of damage. Source available on request.
2. What laws allow sand and gravel mines to pollute our ponds, rivers and wetlands?
Governor, what laws allow open pit sand pines to pollute our ponds, rivers and wetlands?
The public has given state environmental officials evidence of many violations of pollution of ponds, rivers and wetlands by mining operations.
Examples:
- SLT Construction mining operation on Spring Street and Route 44 in Carver MA. Watch this drone video of sand on Rickets Pond from the mine.
- Foley Farms – Ryco Construction mining operation on Rochester Road in Carver MA. This pollution was reported to MassDEP. It should never have occurred. MassDEP exempts these mines from pollution laws that are supposed to prevent erosion and stormwater runoff. Read more here.
Below: Sand from the SLT Construction 42 acre open pit mine on Spring Street in Carver MA covers Rickets Pond, what was once a pristine 11 acre pond. This photo was taken in January 2019 when the pond was frozen. Wind blown sand has been emitted from the Site since at least 2018 and continues.
3. What laws allow AD Makepeace Cranberry Co. and EJ Pontiff Cranberries to operate mines without final wetlands permits?
Governor, what laws allow the region’s mining giants AD Makepeace Cranberry Co. and EJ Pontiff Cranberries to conduct their current mining operations without wetlands permits?
Examples of current operations in violation of the Wetlands Protection Act:
- AD Makepeace Cranberry Co. expanding its 50 acre mine at 46 Federal Road without a Final Order – wetlands permit. The Wetlands Regulations prohibit work on a project when there is a permit appeal pending. The work is ongoing at this mine. Read more here and see the drone video here.
- EJ Pontiff Cranberries, Inc. expanding the mine at 104 Tremont Street without a Final Order – wetlands permit from the agency. In May, 2024 MassDEP REFUSED to stop this illegal mine. Instead, the agency falsely accused the lawyer for the Ten Residents Group of misconduct then had to basically withdraw the accusation. The mining continues. Read more here. We are waiting for EEA’s response on whether they will require a MEPA Environmental Impact Report on this 50+ acre mine. See the drone video here.
Both mines are in Environmental Justice Communities. With great fanfare, Governor Healey established a an Office of Equity and Environmental Justice. Why is the new office ignoring mines in environmental justice communities?
Watch the February 21, 2024 video of the Carver Earth Removal Committee public hearing on the expansion of Makepeace’s mining operation at 46 Federal Road, Carver in an Environmental Justice commuity. A speaker at hour/minute 1:45 breaks down crying and asks, “when will this end?” The speaker is a former member of the Carver Planning Board and Selectboard.
4. What laws allow mining operations to dredge in the sole source aquifer and conduct sand washing on site?
Governor, what laws allow mines to dredge in the Plymouth Carver Sole Source Aquifer and discharge process water on site?
Many, many mining operations uses the false pretense of digging and agricultural pond for cranberry farming in order to dig as deep as possible below ground to extract sand and gravel. They call this digging a “water hole” or “tailwater recovery pond” for cranberry operations. They are not required to show this is legitimate agriculture – which it is not. These are unlined ponds that expose the Aquifer to contamination from mining. They submit plans showing a 10 foot deep pond and then mine 50 feet or more. Some conduct sand washing operations on site and discharge process water on to the ground. Other mining operations that are pretending to be “subdivisions” also mine in the Aquifer.
Some examples:
- E.J. Pontiff Cranberries and P.A. Landers, 140 Firehouse Road, Plymouth MA. Read more here.
- Federal Furnace Cranberry/EJ Pontiff Cranberry, 104 Tremont Street, Carver MA. Read more here.
- G. Lopes Construction and Scott Spencer, 10 Collins Ave.-Route 3. See the drone video here.
- G.Lopes Construction/Bette Maki/Johnson Bros. Cranberry, Meadow Street, Carver MA. See the drone video here.
- AD Makepeace Cranberry Co., 24 Hammond Street, Carver MA. See the drone video and read more here.
5. Isn’t it all about the money?
Governor, what about the money? It is no secret that no one, even AD Makepeace Co., the world’s largest cranberry grower, can make a reliable profit from cranberry farming. Mining sand on the other hand reaps tens of millions in instant profits almost no overhead costs. The two mining projects permitted by the Town of Carver in 2024 are for sand worth a total of about $48 million. Will you stand up to this profiteering?
Key facts and questions:
- The cranberry farming is “break even at best” when it comes to profits according to any number of industry and government officials. At the bottom of this blog is our Nov. 2022 economic analysis of cranberries v. sand provided to MassDEP which responded only by siding with DEP in attempting to defend the 214-acre sand mining project.
- Fifty acres of sand mining generates about $24 million in sand revenues with an almost pure profits. For example, an industry expert calculates the 50-acre illegal mining operation by EJ Pontiff at 104 Tremont Street is generating just that amount. Compare that to 50 acres of cranberry farming that is break even at best.
- Is it true that the cranberry industry business association, Mass Cranberries, pays part of the salaries for Mass DEP wetlands staff to regulate the cranberry industry in Southeastern Massachusetts?
- AD Makepeace Cranberry Co. and its subsidiaries gave a total of $75,000 to Governor Healey’s inauguration party-making it one of the largest donors, according to the Boston Globe. Follow the money, we say.