TOWN OF BREWSTER 2198 MAIN STREET

BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1135

FAX: (508) 896-8089 CONSERVATION@ BREWSTER-MA.GOV

WWW.TOWN.BREWSTER.MA.US

OFFICE OF CONSERVATION COMMISSION

May 23, 2016 William Hayes Senior Transmission Arborist Eversource Energy, Eastern MA Vegetation Management - SE-370 One NSTAR Way Westwood, MA 02090 RE: Eversource Energy 2016 Yearly Operational Plan for Cape Cod and Martha’s Vineyard (Barnstable and Duke counties) from Letter dated April 1, 2016 Dear Mr. Hayes: Thank you for providing the Brewster Conservation Commission with notice of upcoming vegetation maintenance work, specifically the foliage treatment with herbicides along Right of Way 346E, in Brewster by the letter dated April 1, 2016. The Brewster Conservation Commission will be discussing the letter at its regularly-scheduled meeting on May 9, 2016. The Conservation Commission acknowledges that the work can be conducted under the Massachusetts Wetlands Protection Act and Regulations, MGL Chap. 131, Sec. 40 and 310 CMR 10.02(2)(a)(2). The work must also adhere to the Brewster Wetlands Protection Bylaw, Chapter 172. Section 172-3A of the Brewster Wetlands Protection Bylaw extends similar exemptions to those found in the Mass. Wetlands Protection Act provided that written notice is given to the Conservation Commission and that the work conforms to the performance standards and design specifications in regulations adopted by the Conservation Commission. The Brewster Conservation Commission has set performance standards for herbicide application that restricts its use within 100 feet of wetland resources and other sensitive areas, including freshwater wetlands, coastal wetlands, vernal pools, marshes, meadows, bogs, swamps as well as any lake, pond, river, stream, estuary, or the ocean. Additional resource areas under protection further include land under any of the waterbodies, as well as land subject to flooding by ground, surface, or coastal waters. Within a designated 100 foot buffer around these resource areas, mechanical removal methods for vegetation management are approved as being protective of public health and environmental quality. Resources and their associated buffers have been located along the Right of Way 346E and as such the Conservation Commission will want assurance that the planned maintenance activities within these areas will only consist of mechanical removal methods of hand cutting, trimming, and mowing as per the YOP Chapter VI. Proposed Herbicide Treatment Methods Section B. Guidelines. Maps detailing these features and their buffer zones along the Right-of-Way as per the three maps for Brewster, provided with Eversource Energy’s 2016 YOP, are included with this letter. In order to protect wildlife, the Conservation Commission recommend that vegetation removal not occur between May 1st and August 15th annually. Finally, for any work to be undertaken within Natural Heritage and Endangered Species Program’s Priority or Estimated Habitat areas the Commission recommends seeking approval from the MA Division of Fisheries & Wildlife certifying that said work will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species or result in a prohibited “take” of state-listed rare species. Thank you for your consideration.

TOWN OF BREWSTER 2198 MAIN STREET

BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1135

FAX: (508) 896-8089 CONSERVATION@ BREWSTER-MA.GOV

WWW.TOWN.BREWSTER.MA.US

OFFICE OF CONSERVATION COMMISSION

Sincerely, Noelle Bramer Conservation Administrator CC: Brewster Board of Selectman Brewster Board of Health

TOWN OF BREWSTER 2198 MAIN STREET

BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1135

FAX: (508) 896-8089 CONSERVATION@ BREWSTER-MA.GOV

WWW.TOWN.BREWSTER.MA.US

OFFICE OF CONSERVATION COMMISSION

May 23, 2016 Michael McClean Director of Rights-of-Way Programs Massachusetts State Pesticide Bureau 251 Causeway Street, Suite 500 Boston, MA 02114-2151 RE: Eversource Energy 2016 Yearly Operational Plan for Cape Cod and Martha’s Vineyard (Barnstable and Duke counties) from Letter dated April 1, 2016 Dear Mr. McClean: Thank you for providing the Brewster Conservation Commission with notice of upcoming vegetation maintenance work, specifically the foliage treatment with herbicides along Right of Way 346E, in Brewster by the letter dated April 1, 2016. The Brewster Conservation Commission will be discussing the letter at its regularly-scheduled meeting on May 9, 2016. The Conservation Commission acknowledges that the work can be conducted under the Massachusetts Wetlands Protection Act and Regulations, MGL Chap. 131, Sec. 40 and 310 CMR 10.02(2)(a)(2). The work must also adhere to the Brewster Wetlands Protection Bylaw, Chapter 172. Section 172-3A of the Brewster Wetlands Protection Bylaw extends similar exemptions to those found in the Mass. Wetlands Protection Act provided that written notice is given to the Conservation Commission and that the work conforms to the performance standards and design specifications in regulations adopted by the Conservation Commission. The Brewster Conservation Commission has set performance standards for herbicide application that restricts its use within 100 feet of wetland resources and other sensitive areas, including freshwater wetlands, coastal wetlands, vernal pools, marshes, meadows, bogs, swamps as well as any lake, pond, river, stream, estuary, or the ocean. Additional resource areas under protection further include land under any of the waterbodies, as well as land subject to flooding by ground, surface, or coastal waters. Within a designated 100 foot buffer around these resource areas, mechanical removal methods for vegetation management are approved as being protective of public health and environmental quality. Resources and their associated buffers have been located along the Right of Way 346E and as such the Conservation Commission will want assurance that the planned maintenance activities within these areas will only consist of mechanical removal methods of hand cutting, trimming, and mowing as per the YOP Chapter VI. Proposed Herbicide Treatment Methods Section B. Guidelines. Maps detailing these features and their buffer zones along the Right-of-Way as per the three maps for Brewster, provided with Eversource Energy’s 2016 YOP, are included with this letter. In order to protect wildlife, the Conservation Commission recommend that vegetation removal not occur between May 1st and August 15th annually. Finally, for any work to be undertaken within Natural Heritage and Endangered Species Program’s Priority or Estimated Habitat areas the Commission recommends seeking approval from the MA Division of Fisheries & Wildlife certifying that said work will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species or result in a prohibited “take” of state-listed rare species. Thank you for your consideration.

TOWN OF BREWSTER 2198 MAIN STREET

BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1135

FAX: (508) 896-8089 CONSERVATION@ BREWSTER-MA.GOV

WWW.TOWN.BREWSTER.MA.US

OFFICE OF CONSERVATION COMMISSION

Sincerely, Noelle Bramer Conservation Administrator CC: Brewster Board of Selectman Brewster Board of Health

Right of Way 346E Map 1 West to East. Map scale 1:2,000

Right of Way 346E Map 2 West to East. Map scale 1:2,000

Right of Way 346E Map 3 West to East. Map scale 1:2,000

Town of Dennis P.O. Box 2060, South Dennis, MA 02660/ Telephone: 508-394-8300 Fax: 508-394-8309

January 7, 2016

John Lebeaux, Commissioner

Mass Dept. of Agricultural Resources

251 Causeway St. Suite 500

Boston, MA 02114

Dear Mr. John Lebeaux;

I write at the request of the Dennis Board of Selectmen to request that you permanently eliminate the broad-scale use of herbicides as an acceptable vegetative management practice in the management of your right of ways. The Board believes it is important for NSTAR to step back and take a hard look at its Rights-of-Way Management.

The top few inches of soil on Cape Cod is living, breathing and life-sustaining. Living soil is responsible for filtering our entire water supply on Cape Cod. Living soil retains carbon, thus reducing the effects of global warming. Native small trees and shrubs provide cover for living soil. The trees and shrubs release clean oxygen into our atmosphere. In the past, NST AR has demonstrated responsible and sustainable management practices regarding power line easements with selective cutting and mowing. These practices protect the soils capability to filter our water supply rather than kill it by the application of pesticides and herbicides which leach toxins into our finite water supply, toxins that harm the health of residents along with native plants and wildlife species.

Switching to short-term, short-sighted methods of applying pesticides (a combination of chemical cocktails which have not been tested when mixed together) kills off the beneficial and living micro-organisms, mycillium, etc. which nourish and maintain the living soil that constantly filters our water and retain carbon is not responsible land management.

NSTAR has always been responsible in its past efforts to work with the citizens of Cape Cod. We would appreciate it greatly if NSTAR explored other possibilities so that it can make the responsible and sustainable rights of way management decision to benefit us all.

Sincerely,