• Facebook
  • Instagram
  • Youtube
  • TikTok
  • Contact Us
Community Land & Water Coalition, Inc.
  • Home
  • About Us
    • Grassroots Organizing & Advocacy
    • Indigenous Rights and Culture
    • CLWC Leadership
    • Contact Us
  • Support Us
    • Ways to Support CLWC
    • Donate
  • Our Work
    • Stop Sand Mining
    • Protecting Wetlands, Waterways and Drinking Water
    • Forests & Biodiversity
    • Responsible Solar & Energy Siting
    • Take Action Right Now!
  • Resources
    • In the Press
    • Education
    • Blog
    • Podcasts
    • YouTube Channel
    • Newsletters
  • Events
    • Calendar
  • Search
  • Menu Menu

Tag Archive for: Borrego

Wareham: 160 Tihonet Road: AD Makepeace Co. sand mining impacts on endangered species

April 29, 2025
  • Natural Heritage & Endangered Species Program (NHESP) gives Makepeace “take permit” for 10 rare and endangered species and 50 acres of Priority Habitat 601

  • Mining misrepresented as “cranberry agriculture”?

  • No earth removal permit from Wareham making the sand mining illegal 

Above: Persius Dusky Wing, Endangered Species in Massachusetts. NHESP allowed Makepeace to “take” this species by destroying its habitat.
Above: Northern Tiger Beetle, Endangered Species in Massachusetts. NHESP allowed Makepeace to “take” this species by destroying its habitat.

From 2014 to 2021, AD Makepeace clearcut and strip mined 50 acres of pristine Pine Barrens habitat classified as Priority Habitat 601 by NHESP under the Massachusetts Endangered Species Act. Makepeace leased the land to Borrego Solar to build 50- acre solar porject. Now it is owed by another solar company, Clearway.

Background


In 2014, Makepeace applied to the Wareham Planning Board for site plan review to install Phase 1 of a 52 acre ground mounted solar project to be built by Borrego Solar. Makepeace’s Jim Kane wrote to the Planning Board Chair George Barrett this was likely Makepeace’s “last large ground mounted solar project under the existing regulatory system”. A few years later, the company revealed plans to build at least three more large grounded solar projects in Wareham: at 140 and 150 Tihonet Road and 27 Charge Pond Road. Makepeace built about 15 large ground mounted solar projects in Wareham and Carver. Most of these involved sand and gravel mining. Makepeace’s solar projects, most of them preceded by mining. As of 2025, Makepeace has proposed a 40 acre ground mounted solar project and BESS system at 0 Maple Springs Road in Wareham, 2 miles of solar canopy on its Canning Bogs on Frogfoot Brook and on Jordan Road in Plymouth.

At the 160 Tihonet Road, Wareham site, in 2014, Makepeace told the state environmental review office, Massachusetts Environmental Policy Act (MEPA) “The site will be cleared and graded to a level area ranging from approximately 64’ to 68’ above sea level”. MEPA ignored the environmental impacts of changing the topography and removing groundwater protection. It blindly repeated this in its MEPA Certificate. Makepeace’s consultant Beals + Thomas said in the MEPA Environmental Notification Form: it is “anticipated that excavated earth material will be used in the vicinity of the site such that travel via town roads will be avoided.” This is implausible. 

According to witnesses, Makepeace trucked the sand to Carver to its Read Custom Soils for commercial sale and directly out of town.

Between 2014 and 2018, approximately 22 acres of the 52 acre site were cleared. Borrego installed the first phase of the Borrego solar project in approximately 2015.

State NHESP allows destruction of Priority Habitat 

The 160 Tihonet Road location was once “Priority Mapped Habitat” designated under the Massachusetts Endangered Species Act. In 2015, Mass Wildlife, which is supposed to protect our wildlife and rare natural plant and animal communities gave Makepeace a permit to kill 10 Pine Barrens species protected by law under the Massachusetts Endangered Species Act (MESA). This included the endangered Northern Barrens Tiger Beetle and Persius Duskywing butterfly.

After Makepeace destroyed 50 acres of Priority Habitat 601, NHESP redrew the map. 

Below: This map from NHESP shows Priority Habitat (PH) 601 after Makepeace destroyed 50 acres by sand mining then installed a large solar project.

Below: AD Makepeace sand mining at 160 Tihonet Road, Wareham, 2018. The sand mining is clearly visible on Google Earth. Residents complained of non-stop tractor trailer trucks leaving the site. The Wareham Select Board and the state ignored the mining. 

 

MassWildlife issued the permit through its Natural Heritage and Endangered Species Program (NHESP). The permit to kill, or “take” the species is ironically called a “Conservation and Management Permit”. The law requires “mitigation”. How can endangered species be conserved and “managed” when more and more habitat is destroyed? What is the cumulative impact of all the deforestation by Makepeace and other solar and sand mining operations in the Pine Barrens?

Below is an excerpt  from the 2015 NHESP permit for Makepeace to “take” 10 legally protected species so it could say it was strip mining 50 acres “in compliance with the state endangered species law.”

 

2015.sept-21.22take22permit-for-endangered-threatened-species-from-mass-wildlife-nhespDownload

Makepeace calls the mining and solar “cookie cutter”

In a letter to the Wareham Planning Board in 2014, Jim Kane, Makepeace CEO said “This project is the same cookie cutter solar project like Charlotte Furnace and Tihonet West solar in Wareham and Federal Road in Carver.” At these three other sites, solar was preceded by forest clear-cuts, endangered species habitat destruction and extraction and commercial sale of sand and gravel. Does “cookie cutter” mean environmental destruction and killing off endangered and rare species to Makepeace CEO Jim Kane? See the letter her:

2014 AD Makepeace Letter to Wareham Planning Board

https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png 0 0 CLwpBS https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png CLwpBS2025-04-29 11:40:002025-12-29 15:37:24Wareham: 160 Tihonet Road: AD Makepeace Co. sand mining impacts on endangered species

AD Makepeace’s bait and switch on the “TMUD” of 6,500 acres in Plymouth, Carver and Wareham

May 9, 2022

Instead of smart growth and conservation as promised in 2008, Makepeace is doing industrial sand mining and large solar

Where’s the land? And where’s the sand?

Our  state “Massachusetts Environmental Policy Act” (MEPA) requires developers of big projects minimize and mitigate  “Damage to the Environment”.

A.D. Makepeace Co. of Wareham MA is the state’s largest landowner. It owns about 12,000 acres in Southeastern Mass, primarily Plymouth, Carver and Wareham. Historically, Makepeace has been in the business of growing cranberries on its land. In the 2000s, the cranberry industry started a long economic decline. Makepeace announced it would develop about 6,500 acres of the land. 

Makepeace called this its “Tihonet Mixed Use Development” or “TMUD” project.

In 2007, Makepeace negotiated a “Special Review Procedure” for the TMUD project with the state MEPA office.  It negotiated an environmental review “light” — state officials let Makepeace off the hook in exchange for promises to  I put land in conservation, develop the rest of the land as a model of “smart growth and open space” and include the public in the process with quarterly meetings. The plan was for a 20 to 30 year “build out” of the 6,500 acres.

Makepeace’s current land holdings and the 6,500 TMUD area that was subject to the MEPA review is shown on the map below outlined in red.

Today in 2023, the TMUD area is a blighted industrial landscape of A.D. Makepeace’s sand and gravel mining operations and industrial ground mounted solar projects. This is a bait and switch.

Makepeace uses its land to supply itsRead Custom Soils operations based in Carver, in the TMUD area. For over 12 years, Makepeace has been strip mining the land, leveling hills and extracting sand and gravel to supply read. This is not “smart growth” and “open space.”

As part of the TMUD deal and as part of all the permits it got from the state’s Natural Heritage and Endangered Species Program (NHESP) to kill listed species of plants and animals and destroy their habitat, Makepeace was supposed to put significant areas of land into conservation. Instead of donating the land, Makepeace sold some of to the state, meaning taxpayer money was used to help Makepeace meet its obligations for mitigating damage to the environment under MEPA. Makepeace may also be “double-dipping” and using the same conservation acres for different projects. These include Makepeace’s such legal obligation to donate 300 acres to Plymouth in exchange for a permit from the Zoning Board of Appeals to strip mine 7.2 million cubic yards on 200 acres next to Frogfoot Brook and also for its Red Brook development in Plymouth and projects in Carver and Wareham. The state and municipal officials will not give a straight answer on whether Makepeace has met all its obligations to the public. 

https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png 0 0 CLwpBS https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png CLwpBS2022-05-09 17:45:002025-12-30 16:38:30AD Makepeace’s bait and switch on the “TMUD” of 6,500 acres in Plymouth, Carver and Wareham

Wetlands aren’t mines!

February 12, 2022

Mining companies claim they are exempt from wetlands laws as “agriculture”

These “cranberry bog” and “farm projects” are a ruse to evade wetland and water pollution laws

Groups go to court to challenge mining operations

Below: Silt running off a mining operation in Carver, Massachusetts from a mining project. The mining company claims this is agriculture. The “farm” plans were done by Grady Consulting. They did not provide for erosion control resulting in this pollution of the Weweantic River. The project was never a legitimate “farm” project but an industrial scale sand mine.

Photos above and below: Feb. 25, 2022 Foley Farms sand and gravel mining operation, 105 Rochester Road.
The unregulated sand mine cause silt and sand to wash out into Weweantic River.
Download
Foley Farms runoff from mining operation Feb 25 2022, 105 Rochester Road, Carver MA

Industrial scale sand mining is devastating Southeastern Massachusetts. Vast deposits of globally rare “silica” sand laid down by the glacier are being stripped off for commercial sale.

Often this is under the ruse of a cranberry bog project.

Up to a dozen mining operators are mining in groundwater or have mined into the ground water and filled it it, covering it with “cranberry bogs” or “solar projects.”

February 2022: STPB lawyers challenge Carver Conservation Commission claim that mining in wetlands are exempt from the law. Watch the video here. Carver Conservation Commission public hearing February 16, 2022.


Below: locations where the Town of Carver and the state allow mining in wetlands in violation of the law

Download

Read more below about 3 mining sites where the Town of Carver and the state allow mining in wetlands

#1

North Weston Cranberry Co., Carver

Owners: Eric & Elaine Weston

  Value of sand mined from wetlands: $1.2 million

In 2021, the Carver Earth Removal Committee permitted this project based on 10 year old plans. The Westons claim this is an exempt agricultural operation. They never applied to the Conservation Commission. Elaine Weston was the secretary for the Earth Removal Committee for years and was responsible for all the records and permits. As of 2024, she is the interim Town Manager.

Eric and Elaine Weston own bogs and are related to Gary Weston, owner of the land being leased for the Carver Battery Bomb site off Craig Street.

Read the STPB wetlands appeal here.

STPB-RDA-Appeal-Weston-Carver-Feb-2022_Download

#2 Cedar Meadow Cranberry Co., Carver

Owner: E.J. Pontiff of Duxbury MA

Location: 0 Rear Ward Street, Map 120, Lot 5

In 2021, the Carver Earth Removal Committee (ERC) gave EJ Pontiff a permit to mine in the last remnant of a rare Atlantic Cedar Swamp off Ward Street for about 120,000 cubic yards worth $1 million. This is BioMap 2 Critical Natural Landscape and near an Estimated Habitat of Rare Species in the area.

In 2024, the ERC gave Pontiff another permit for more mining — for 1.5 million cubic yards worth about $15 million in revenue. Read more here. The Carver Conservation Commission signed off on that too. Read more here:

Read more about Pontiff’s extensive mining operations on Firehouse Road in South Plymouth here. Pontiff has mined throughout Plymouth: read more here in the Sand Wars report.

The Ten Residents appeal in 2022 of the Ward Street mine is here:

STPB-RDA-SO-Appeal-Cedar-Meadow-Feb-24-2022_Download

At this site Borrego Solar is planning a ground mounted system. They filed subdivision plans in April 2022. This is another example of how sand mining and industrial solar go hand in hand.

# 3  Foley Farms

Location: Jabez Bridge Road, Carver

“Blueberry Farm” used as a ruse for mining

Carver ERC grants 2 permits for land recently owned by former ERC member Shurtleff

Blueberries can grow on a hillside: no need to mine a huge hill to “farm” !

Mining causes erosion and pollution of Weweantic River

Residents appeal, Town Conservation Commission, state DEP refuse to act

Posing as a blueberry and cranberry farm, Foley Farms and Ryco Excavating conducted a massive mining operation from 2020 to at least 2023. Read more here in the Sand Wars Report.

February 24, 2022: Foley Farms/ Ryco mining operation under the ruse of agriculture. Forest clearcut, Map 96, Lot 10. Drone footage by Highwinds.
  • Foley bought the land from John Shurtleff III, a former member of the Earth Removal Commitee. Shurtleff is in the trucking business. He hauls sand for companies like AD Makepeace Cranberry.
  • Foley and Ryco excavated into a pond to extract sand and gravel.
  • Grady Consulting, a company that works for many sand mining companies, did the plans for this “farm.”
  • Grady Consulting fails to prevent erosion, runoff and pollution of the River at this site
  • The Carver Earth Removal Committee issued the first earth removal permit for the Foley Farms site in 2020, shortly after it was sold to Foley. The mining leveled a hill and covered the neighborhood with dangerous silica sand. Neighbors came to the ERC meetings and complained but the dust, noise and vibration continued.
  • In 2021, the Earth Removal Committee gave a second permit to expand the mine. This was for 40,000 cubic yards.
  • The Conservation Commission gave an illegal waiver from the wetlands law in 2021. Save the Pine Barrens appealed the Conservation Commission’s refusal to enforce the wetlands law to DEP. DEP sided with the mining company, Ryco Excavating and Foley. See the appeal here
  • MINING OPERATION AT FOLEY FARMS POLLUTES THE WEWEANTIC RIVER
Above: Pollution of Weweantic River from Foley mining operation 105 Rochester Road, Carver. No erosion control measures in place. Feb. 24, 2022
Feb. 24, 2022: Weweantic River downstream from Foley’s mining operation on Jabez Bridge Road/105 Rochester Road

2022-STPB-RDA-Appeal-Foley_Download

Location of Foley Farms-Ryco Mining Operation, Carver MA

This is industrial mining, not a “farm” and is not exempt from the Wetlands Protection Act

https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png 0 0 CLwpBS https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png CLwpBS2022-02-12 21:25:002025-12-30 16:39:42Wetlands aren’t mines!

Who is Borrego Solar?

August 5, 2021

Who or What is Borrego Energy? Why should you care?

https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png 0 0 CLwpBS https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png CLwpBS2021-08-05 21:49:002025-12-30 17:10:58Who is Borrego Solar?

Carver: AD Makepeace mining operation under the ruse of cranberry agriculture and site preparation for Borrego Solar “Golden Field” project on Federal Road

April 20, 2021

 

Five years is all it took for AD Makepeace to obliterate 50 acres of pristine uplands Pine Barrens forest by strip mining under the ruse of agriculture and site preparation for solar

Makepeace never got an earth removal permit from Carver for the commercial mining operation

Makepeace misrepresented the mining operation as agricultural excavation with the sand and gravel to be used on its cranberry bogs

Instead, Makepeace used the sand and gravel to supply its Read Custom Soils business located across Federal Road from the mining site

BEFORE: Pristine Upland Forest Before AD Makepeace & Borrego Strip Mine, 2016
AFTER: 2021 after AD Makepeace & Borrego Solar Strip Mine & Solar
https://www.youtube.com/watch?v=YD-wfKZOHZw
May 8, 2021 Makepeace is expanding the strip mine – operating in violation of the Town of Carver Earth Removal permit.
AD Makepeace and Borrego Solar strip mine site, about 2019

Video of AD Makepeace destruction at the Golden Pond Site in Carver is on YouTube:

https://youtu.be/EZcN4hr1Tes?list=PLDPhmu8GbbLJ5Rd1KGXSeabcik2YzNvRO

 

Borrego partners with AD Makepeace — identifying the highest points of land with the largest volume of earth and putting solar installations there. Grabbing ratepayer and taxpayer subsidies to do this. The ruse and the cheating is being exposed.Here’s some info about Borrego Solar. Here’s the top tier management with their contact info. Source: Pitchbook.

borrego_solar_2021.corporatestatsDownload

 

 

https://www.youtube.com/watch?v=nh7fnq2y3Sg
AD Makepeace CEO Jim Kane explains the business plan that his company has with Borrego Solar: ADM does an earth removal operation generating millions in sales of valuable silica sand via its Read Custom Soils subsidiary, www.readcustomsoils.com. Then ADM leases the land to Borrego Solar for 20 years. When the solar “fad” is over Borrego takes out its “junk” and ADM puts in subdivisions. Very well thought out plan — gotta give the guy credit! Too bad most of it is based on misrepresentations and sham permits.

May 13, 2021 — BUSTED!

An explosive new video shows AD Makepeace violating its Carver earth removal permit by running trucks at 150% over the permitted level. This is at just one site-they are operating three sites. We demand that the Town of Carver shut down these operations immediately. We have sent a second request for enforcement.

Makepeace’s own reports show violations — and according to Carver, these truck numbers don’t include sand and gravel sold commercially to cranberry bog companies.

There are criminal and civil penalties for violating an earth removal permit: $100 per violation. Bylaw section 9.1.9. The truck limit is 50 per day.

These time comparison shots of AD Makepeace Read Custom Soils site on Federal Road in Carver on the Plymouth line show the strip mining between 2010 and 2018. It has been going on continuously since 2018. More has been destroyed. Photos from Google Earth Pro (free for downloading on the internet).

 

We are racing against the clock to save biodiversity and humanity from the destructive extraction of “sand and gravel” in Southeastern Massachusetts and from and the bright green lie of clean energy is destroying out pristine globally rare forests.

Our letter is here.

may-13-2021-second-requesttoercDownload

AD MAKEPEACE & BORREGO SOLAR: BUSTED!

May 13, 2021 UPDATE:

Saturday, May 8, 2021: Carver, MA, USA Location: “Golden Field” solar project site and strip mine expansion, Federal Road, Carver, Massachusetts.

BUSTED: AD Makepeace violating its earth removal permit by operating past noon on a Saturday.

https://videopress.com/v/9OYowWmb?resizeToParent=true&cover=true&preloadContent=metadata
May 8, 2021: Time is 1 p.m. AD Makepeace is violating the Carver Earth Removal Permit that prohibits work after 12 p.m. on Saturdays.

AD Makepeace Co. strip mined millions of dollars worth of sand from a Priority Habitat area in Wareham in 2014 under the ruse of agriculture. Now it is a 50 acre Borrego Solar site.

2021.requestforenforcement.final_Download

For the Borrego Solar “Golden Field” project, 50 acres of globally rare pristine upland Pine Barrens forests were leveled. Another 100 acres is currently being destroyed under an Earth Removal Permit from Carver claiming this is an agricultural operation. A total of about 500 acres will be strip mined for industrial solar “site preparation” if the 10th, 11th and 12th projects now proposed for Wareham goes ahead.

At the Golden Field solar and strip mine site, endangered Eastern Box Turtles have been killed. Unknown numbers of plants and animals and rare biodiversity of the Pine Barrens ecosystem have been destroyed at this site.

The area contained evidence of a Wampanoag work area. It was destroyed under cover of a letter from Mass Historic Commission. Note that the letter says it is for an AD Makepeace “agricultural project.” Strip mining is not an agricultural operation.

The Golden Field solar project and strip mine was allowed to pass Massachusetts Environmental Policy Act (MEPA) review without an environmental impact report. The AD Makepeace-Borrego MEPA Environmental Notification Form is filled with inconsistencies and unverified claims.

The reason there are so many trucks in Wareham is that Carver’s Earth Removal Committee makes AD Makepeace use Wareham roads to haul out the earth-not Carver roads.

To get the permit for a massive project permitted in 2020 — at least 160 truck trips a day hauling sand for 4 years — Carver told Makepeace it had to use Wareham roads, not Carver roads when leaving the site. Watch out Wareham. More dangerous truck traffic coming your way, destroying your roads.

 

 

 

https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png 0 0 CLwpBS https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png CLwpBS2021-04-20 21:51:002025-12-29 16:37:20Carver: AD Makepeace mining operation under the ruse of cranberry agriculture and site preparation for Borrego Solar “Golden Field” project on Federal Road

Archives by Month

Tags

AD Makepeace Aquifer Atlantic Coastal Pine Barrens Battery battery bomb Biodiversity Carver Carver MA corruption Craig Weston Cranberry cranberry bog Cranberry Country Corruption Cranberry County Corruption Deforestation DOER drinking water Earth removal Endangered Species Extinction Federal Road Forests Groundwater Indigenous Sovereignty Jim Kane Makepeace Massachusetts mining Pine Barrens Plymouth Reckless Development Resources sand and gravel Sand mining Solar Solar gone wrong Sole Source Aquifer strip mine Strip Mining Wareham Water water quality Wetlands Zoning Board of Appeals Zoning Violations

Community Land and Water Coalition

P.O. Box 1699, Plymouth, MA 02362
Email
Phone: 508-259-9154

Please consider making a donation to help strengthen our impact!

DONATE

You can sign our Sand Mining Petition to Governor Healy and town Selectboards here

Facebook
Facebook
fb-share-icon
YouTube
Instagram
Tiktok
JOIN OUR MAILING LIST

Join Our Email List

    Copyright © Community Land & Water Coalition   |   Privacy Policy   |   Site By LW Creative
    • Facebook
    • Instagram
    • Youtube
    • TikTok
    Scroll to top