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Tag Archive for: DOER

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

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Carver: PineGate’s “dual use” arsenic solar panel poles

January 11, 2022

Rochester Road: 44 acres, thousands of arsenic treated poles for 6,291 solar panels, lithium ion batteries in cranberry bog; earth removal nearby

Tremont Street: 57 acres, thousands of arsenic treated poles for 12,393 solar panels & lithium ion batteries in cranberry bog

Video October, 2021

340 Tremont St., Carver MA: Confirmed site of CCA-treated poles for solar, PineGate Renewables. The property may have been sold to PineGate Renewables.

September 6, 2022: Carver resident responds to the Carver Conservation Commission’s motion to dismiss her action as an abutter asking that the Conservation Commission enforce wetlands rules and address the harms caused by cancer-causing arsenic treated wooden poles on nearby cranberry bogs

Opposition-to-MTD-9.6Download

July 2022: Toxic poles contaminated with Copper Chromated Arsenate are being pulled from the Rochester Road site in Carver. Does this toxin remain in the ground or water after they are removed?

April 2022: Lawsuit update: Town files incomplete record omits records of site visits where Conservation Commission approved arsenic poles

On January 14, 2022, a homeowner abutting PineGate’s dual use solar project using arsenic treated timber poles sued the Carver Conservation Commission and PineGate Renewables. The lawsuit demands transparency and accountability from the Carver Conservation Commission. The public should not have to sue to get a straight answer and information about this crisis situation. PineGate admits arsenic is leaching into the soil. It will migrate to the groundwater. Instead of following the law, the Conservation Commission is fighting the lawsuit. It was required submit the entire record, all the documents, to the court for its review. Instead it omitted key documents.

Get the records and PineGate’s “studies” on the toxic poles here.

The January 14, 2022 lawsuit alleges the Carver Conservation Commission violated the Wetlands Protection Act TWICE:

1st in spring 2021 when it gave PineGate permission to replace the steel poles with arsenic timber poles, and

2d in fall 2021 it allowed PineGate to replace the arsenic poles with concrete.

These were two substantial changes to the project. They required a new permit application each time. They required a public hearing and a chance for public input. There should have been full and complete disclosure of PineGate’s studies of the impacts of the arsenic poles on soil, groundwater and cranberries. Instead, the Conservation Commission hid this information.

About 3,500 arsenic-treated wood poles have been driven into the Sole Source Aquifer and wetland cranberry bogs in Carver and Rochester to mount solar panels. PineGate has the poles at two locations: Rochester Road and Tremont Street. The lawsuit concerns only the Rochester Road site.

Dual use solar is called an “experiment” by Iain Ward, cranberry industry consultant and PineGate.  PineGate obtained Carver planning board and conservation commission approval for steel poles in 2019.  No state permits were required although the Department of Energy Resources issued a “statement of qualifications” for the project. oles.

In Fall, 2021, public outcry against the arsenic poles forced the Conservation Commission to act. Grassroots activists exposed the threats to public health, water and cranberry crops from PineGate’s copper-chromated arsenic poles PineGate.  With a wink and a nod and another closed door deal, the Carver Conservation Commission issued an order allowing PineGate to change the plans a second time – this time proposing to replace all 3,400 arsenic poles with concrete poles. The Conservation Commission violated the Wetlands Protection Act and Town Bylaw a second time.

The deal to replace the arsenic poles was a big win for the Pull the Poles grassroots campaign — but, the Town and PineGate refused to provide sampling result information or any details about how the replacement operation will occur, wetland impacts from the concrete poles and the results of PineGate’s water and soil sampling for arsenic. The law requires a full permit application for the concrete poles and a public hearing.

www.pullthepoles.org A grassroots campaign to protect our water from arsenic treated solar poles.=

The state’s SMART solar program gives additional subsidies for ground mounted solar on farm land. Some would say using arsenic poles for a “green” renewable energy project is not so “SMART”. Many say dual use “agrovoltaics” especially when combined with lithium ion batteries is a bad deal for our food systems and our farmland.

  • CCA toxic poles waiting to be installed at PineGate Renewables solar site at 340 Tremont Street, Carver MA, Sept. 2021

Events

July 31, 2019: Carver Conservation Commission issues Wetlands Order of Conditions.

Sept. 24, 2019: Carver Planning Board approval of site plan and special permt.

Dec. 22, 2020: Beals & Thomas construction plans submitted to the Planning Board show solar mounted on steel posts. Page 16 of the PDF.

On December 23, 2020 PineGate emailed the “Carver Permitting Department/Building Commissioner” to report on “minor updates” to the project. This included a “transition from I-Beams helical piles to timber piles.” The Public Records don’t show any response from the Planning Board, Building Commissioner or Conservation Commission in response to the email. On page 59 of the PDF. The Beals+Thomas construction plans do not say this.

Nov. 17, 2021: CCA – arsenic treated poles, Pine Gate Renewables dual use solar site, cranberry bog, 340 Tremont Street, Carver MA

February 23, 2021 Building Inspector issues Building Permit.

February 24, 2021, a letter to the Town says PineGate has taken over the project, calling it Solar Carver 1 LLC and Solar Carver 3 LLC. PDF page 51.

Spring 2021: Conservation Commission members Germain, Moore with Beals and Thomas and Monroe, Conservation Agent, tour the site, CCA poles are on site. They approve replacing steel poles with CCA timber poles

Summer, Fall 2021: Public outcry about CCA poles being installed along Route 58 and next to homes.

November 2021: Conservation Commission allows PineGate to replace CCA poles with concrete poles.

January 2022: Abutter to Rochester Road site sues Conservation Commission and PineGate for violations of the Wetlands Protection Act.

March/April 2022: Conservation Commission sends letter to DOER saying speed up the review process.

April 2022: Town of Carver Conservation Commission files “administrative record” that will form the basis for the evidence in the lawsuit. The record is incomplete. See a copy here.

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 CLwpBS2022-01-11 21:31:002025-12-30 17:07:00Carver: PineGate’s “dual use” arsenic solar panel poles

Carver: AD Makepeace/REDP “dual use” solar project using toxic CCA poles

January 11, 2022

As of October 2022, its been a year since local residents exposed Makepeace’s plan to use cancer-causing copper chromated arsenic poles to mount “dual use” solar panels on a Swan Holt bogs on Pond/Wenham Street

Public, neighbors kept in the dark about plan to drive arsenic poles into water and cranberry bog

This is more Cranberry Country Corruption, closed door deals, cover up, abysmal failure of State’s “dual use” solar program

Project developers Renewable Energy Development Partners (REDP) are former Makepeace executives, responsible for destroying 25-acres of critical ecosystems in Plymouth in 2016 for solar

At this site and others, AD Makepeace uses cranberry agriculture as a ruse to cover up sand and & gravel mining and industrial energy projects

AD Makepeace sand & gravel mining at this site is ruse for preparing the site for solar; clear-cutting forested lands, creating a “farm” for “dual use solar’

Wasting ratepayer and taxpayer money under pretense of agriculture, clean energy – $ 2 million project

Update: October 15, 2022: It appears Makepeace is shaving the CCA fromTime the poles and inserting them in the ground. Is this safe? Who approved this? Read more here.

October 14, 2022: AD Makepeace REDP “solar canopy” site, Swan Holt bogs, Carver MA installing shaved poles.

Timeline

2022: AD Makepeace & REDP installing poles that appear to be modified from original CCA treated

Solar gone wrong: AD Makepeace still trying to fix the debacle over the plan to use Copper Chromated Arsenic poles in a cranberry bog water supply to mount solar
October 14, 2022: AD Makepeace REDP “solar canopy” site, Swan Holt bogs, Carver MA installing shaved poles.

2021: Watchdogs expose arsenic poles, form Pull the Poles Campaign

October 10, 2021: Watchdogs expose Makepeace use of CCA treated poles

October 20, 2021: State, Carver Selectboard, Planning Board, Carver Conservation Commission refuse to address residents’ concerns with the CCA poles at this site striking “0 Pond Street” from its agenda at the last minute.

On Oct. 26, 2021, Carver Building Commissioner Paul Boucher issues Makepeace a Building Permit EVEN THOUGH the public had informed the Town about CCA in the poles at the site. Boucher was Building Inspector in Somerset prior to going to Carver in 2021. He resigned under a cloud and was “neck deep” in the controversy over the scrap metal yard.

Building Permit for AD Makepeace toxic pole solar project, Oct. 26, 2021

2020: Planning Board approval

In 2020, Makepeace and REDP, in concert with the Town, duped the public, hiding the use of CCA poles at this site. Here are key points from the Makepeace-REDP reports from May – September 2019. The Carver Planning Board never asked questions in 2020 and approved this project in October 2020.

Makepeace and REDP duped the Town and failed to disclose use of CCA poles: The companies and their consultants submitted a “Timber Pile Solar Canopy Pile Load Testing Report” and never disclosed the use of CCA. See, page 191 of PDF. There is only a brief mention of “environmental considerations” PDF page 199. The term CCA does not seem to appear anywhere. Why did the former Planning Board chair Bruce Maki go along with this?

Makepeace and REDP knew the arsenic poles would be put into the groundwater. Their report saysthe depth to groundwater at the site is 5.3 to 14.7 feet. PDF page 33. The poles will be embedded from 11- 16 feet into the ground – well into the groundwater that starts at 5.3 feet. PDF page 216.

AD Makepeace solar canopy site, Swan Holt bogs off Wenham St., Carver MA Oct. 10, 2021
AD Makepeace site plan for solar canopy at Swan Holt bogs, Wenham Rd., Carver MA. One mile of toxic poles lining both sides of the bog and waterway through the bogs.
Poles stacked up at AD Makepeace Swan Holt solar canopy bog site, Wenham St., Carver MA, Oct. 10, 2021
Carver MA: One mile of solar canopy over stream; toxic poles installed in riverbank. Location approximate. Project of AD Makepeace Co. and REDP solar. Project underway, Oct. 24, 2021

This is a significant archeological site. Makepeace continues to do destructive earth removal here.

The decommissioning bond is about $190,000. The Makepeace-REDP plan calls for cutting them off below grade and disposing of the above ground portion of the poles. Planning Board Files, PDF page 21, Weston & Sampson Report, 9/23/21. This is like using the bogs as a toxic waste dump!

PineGate project, Tremont Street: Insurance policy provided with Carver as Certificate Holder. Pollution insurance is $2,000,000 but expired policy expired Nov. 6, 2021. Has it been updated? Where is the pro

https://communitylandandwater.org/wp-content/uploads/2022/10/PXL_20221014_210100150-1-scaled.jpg 2560 1920 CLwpBS https://communitylandandwater.org/wp-content/uploads/2026/03/FINAL-CLWC-LOGO-no-background-297x300.png CLwpBS2022-01-11 07:47:002025-12-30 16:40:19Carver: AD Makepeace/REDP “dual use” solar project using toxic CCA poles

“Dual-Use” solar on farmland and cranberry bogs is a bad idea

November 1, 2021

Science does not support the claim that cranberries or other crops can grow under solar panels.

Why are we investing hundreds of millions of dollars on the dual use experiment?

Dual use solar is being rolled out in Massachusetts in a reckless way. Thousands of wood pilings treated with arsenic (copper chromated arsenic) are installed in wetland cranberry bogs and the drinking water aquifer for “dual use” projects approved by the Secretary of Energy & Environmental Affairs. Read about the PineGate Renewables and AD Makepeace arsenic pole crisis in Carver MA. Arsenic poles are also in place on Rochester MA at Bay State Agricultural’s bogs.

Even the leading cranberry industry spokesman from Carver MA admits this as of May, 2021: “There is a lot of thought going into how to do these things right,” said Iain Ward, a veteran cranberry farmer and solar consultant who will be operating the parcels in Carver for Pine Gate. “In five to six years, we’re going to have new best practices specifically tailored to growing crops under dual-use arrays.” Unproven results – but hundreds of millions of dollars of projects are being built in the state.

Massachusetts and other states are promoting industrial solar facilities on farm land claiming that using the land for “dual” purposes – making electricity and growing food — are compatible land uses. There is no proof of this – the cranberry industry and Blue Wave solar, one of the big corporations promoting this idea — all admit this is “experimental.”

Massachusetts “dual use” regulations are part of the so-called SMART solar program. DOER pre-approves dual use projects and then they are supposed to meet the agricultural conditions after they are built. Some DOER “ letters for dual use projects are here if you want to look for a project in your community.

It appears all solar over cranberry bogs were approved by DOER based on an inadequate and flawed 3 month study in Carver MA using plywood panels.  UMass was involved in this so called study.

This flawed, backwards approach – approve the project, build it and see if crops will grow — has backfired in a big way in Carver MA. DOER approved three dual use projects valued at $55 million for cranberry bogs. The projects were approved using wood poles treated with copper chromated arsenic (CCA). When the public exposed this, DOER looked the other way and PineGate Renewables, facing liability and penalties, announced in November 2021 that it is removing and replacing the poles.

Taxpayer funds are being used to help private corporations justify these programs. DOER and the Massachusetts Department of Agriculture work together to funned money to UMass programs to provide research for the private solar companies like PineGate Renewables and REDP-the companies with toxic poles in Carver, MA.

The UMass Clean Energy Extension “was established with funds from the Department of Energy Resources” and works in partnership with DOER “to help it fulfill its mission and programmatic activities to promote clean energy.” https://ag.umass.edu/clean-energy/about/state-partner (accessed 11/8/2021)  With taxpayer funding, UMass undertakes a wide range of activities to support privately owned solar companies, including studying how solar PV panels affect crop production under the panels. 

The UMass Cranberry Station is using DOER funds conducting pilot projects and experiments to assist privately owned solar companies like PineGate Renewables, owner of the $53 million project in Carver putting toxic poles in cranberry bogs. The Cranberry Station is seeking a $1 million taxpayer grant to help the solar and cranberry industries justify “dual use” solar on cranberry bogs.

None of the cranberry bog projects that DOER has approved can show compliance with DOER’s SMART program without long term studies showing the agricultural use will not be negatively impacted under the panels.  The DOE grant will take several years to show results.  All solar over cranberry projects should be halted in MA

The batteries make the situation even worse.

Here’s what a Massachusetts resident whose family has been farming in Southeastern Massachusetts for 70 years expresses concern about dual use in October 2021 comments to the Massachusetts legislature. Writing about dual use on cranberry bogs, the resident writes:

cogliani-comments-to-tue-oct-12-2021-on-dual-useDownload

Here’s what farmer Fred Beddall from Northampton, Mass. has to say about DOER’s dual use solar program:

05.28.2021-guest-columnist-fred-beddall_-farmers-want-answers-from-mdarDownload

On October 27, 2921, the Northampton (MA) Agricultural Commission issued a statement on “Dual Use Solar Development on Prime Agricultural Lands.” The Commission supports renewable energy but doesn’t think we need to “sacrifice our best agricultural land to meet our energy goals.” The Commission opposes the industry’s Senate Bill 590 seeking more subsidies for ground-mounted solar projects on farmland. Read the statement here.

Northhampton Agricultural Commission Statement on “Dual Use” Solar Development on Prime Agricultural LandsDownload

https://www.njspotlight.com/2021/07/large-scale-solar-projects-threaten-nj-shrinking-farming-some-crops-might-flourish-but-major-limits/

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Who is DOER Commissioner Woodcock? He’s the person behind solar gone wrong in Massachusetts!

August 13, 2021

The Massachusetts Department of Energy Resources (DOER) is the state agency charged with writing the rules for who gets subsidies. The Commissioner of DOER is Patrick Woodcock who came to Massachusetts after working for Gov. LePage in Maine.

Woodcock is not a friend of the environment but a friend of industry. In Maine he used his state office to help make an illegal deal for a Spanish company, Avangrid, to lease state land to build a $1 billion transmission corridor through the Maine woods.

On August 11, 2021, a Maine court declared the lease Woodcock helped secure as illegal saying this was public land that could not be leased. A majority of Mainers oppose the corridor that would cut a swarth through 145 acres of Maine’s wilderness to import hydropower from Canadian megadams 1,000 miles away. The electricity is for Massachusetts – the very state where Woodcock is now head of the energy office. Woodcock has been using his position at DOER to promote the corridor for Avangrid in Massachusetts.

Here’s a 2014 email from Woodcock to the state agency in charge of the public land. He asks the agency to “accommodate” the request from the developer to lease state lands for the transmission corridor.

woodcock-necec-emailDownload

Here is a recording of a Massachusetts recent hearing with Woodcock being questioned about burning forests for electricity. He wants to weaken regulations but in place in 2012-science-based laws that protect the public from particulate emissions from burning trees for electricity and that protect our forests. Woodcock wants to call burning trees for electricity “renewable” and “green” energy — just like his regulations on solar call cutting down trees for solar “green.” And he wants Massachusetts ratepayers and taxpayers to subsidize this!

Notable quotes:

“Why move ahead on something that’s not even in effect and was reserved for MEPA, why on your own authority imported into the RPS program when we can’t find anything on section 11f of Chapter 25A that authorizes you to do that?”

“But on your own, you’ve hop-scotched over to an entirely new area of law enacted without any authorization in Chapter 25A?”

“But the decision to go with a 5 mile buffer when air travels across hundreds of miles and before the legislature authorized 5 mile buffers for the MEPA act itself seems to have been an extraordinary exercise of regulation making by your agency.”

“But this seems to be the case not of sharing burdens but of concentrating burdens on the remaining 11% of Massachusetts. How does concentrating the burden square with the intuitive feeling that burden-sharing is ok but disproportionate harm is to be avoided?”   

Here, Commissioner Woodcock is seen presenting at Vermont’s 2022 Comprehensive Energy Sector Workshop on the Electricity Sector. Woodcock discusses Massachusetts’ green-washed greenhouse gas reduction plans.

Next, Woodcock was asked about deforestation by caused by the Department of Energy Resources’ solar policy.  His answer was vague. The claim that DOER policies are protecting forests and ecosystems is contrary to what we see happening on the ground.  And the word is getting out.  As this video shows, Massachusetts now has a regional reputation for promoting forest destruction as part of its “green energy” plan.  Is that the kind of image Governor Baker wants?

This is not the leadership we want for Massachusetts energy policy. Woodcock should resign.

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