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Wareham to audit AD Makepeace sand mining without permits at 4 sites or more, over 10 years

For over a decade and likely much longer, Makepeace has been mining sand and gravel in Wareham under the ruse of an “agricultural exemption.” Makepeace never applied for an Earth Removal Permit or proved that the sand and gravel it extracted was used on its cranberry bogs.

The Board of Selectmen were supposed to be watching this. Instead, they watched hundreds of thousands of truckloads of sand and gravel leave Town. Without a permit. Without an environmental assessment of the impacts on the aquifer, and without the required earth removal fees.

Wareham Town Meeting Warrant Article 18 urged the Board of Selectmen to hold Makepeace accountable for sand mining without a permit

On Jan. 4, 2022, in response to a Town Meeting resolution passed unanimously, the Board of Selectmen voted to hire an expert to audit volume of sand AD Makepeace has mined without permits and if any fees and penalties are owed.

Read the Jan. 4, 2022 news from Wareham Week here.

In October, 2021 at Town Meeting Wareham voters overwhelmingly passed Warrant Article 18 urging the Board of Selectmen to require AD Makepeace to account for all the sand removed from the town under the guise of agriculture — and possibly without the Earth Removal Permits required by the Town General Bylaw.

Article 18, Wareham Town Meeting, Fall 2021

The Earth Removal Permit would have required Makepeace to pay the Town 25 cents per cubic yard of earth removed and enormous penalties – potentially in the millions – if it cheated the permit system.

Wareham General Bylaw, Earth Removal Regulations. Section 4

Makepeace is finally being forced verify by credible evidence where all the sand really went — to bogs or out of town via all the trucks seen up and down the roads heading to its industrial sand mining operations and mixing facilities in Carver and Westford or to to third party buyers via the interstate highways?

In 2021, then Chair of the Board of Selectmen Peter Teitelbaum wrote in a letter responding to a Public Records Request there was no earth removal permit for Makepeace’s 160 Tihonet Road earth removal operation and later confirmed that no earth removal permits had been granted by the Board of Selectmen for any Make

At the January 4, 2022 Selectboard meeting on the vote, Selectman Peter Teitelbaum, a Makepeace apologist, complained that seeking to enforce the bylaw was a “slippery slope”. Barry Cosgrove who proposed the Town Meeting resolution commented:

“If fulfilling a legal obligation under bylaw and respecting the will of the people is a slippery slope, what is the metaphor for ignoring a legal obligation and ignoring the will of the people?”

Wareham Week reported, “Cosgrove said the petition article — which voters supported — was “an unambiguous complaint” to the town about possible earth removal bylaw violations. ” More news here:

Expert opinion could quell earth removal ‘innuendo’ in Wareham

Makepeace’s earth removal in Wareham likely deprived the town of significant revenue from earth removal fees. Makepeace has claimed time and again that earth removed from Wareham is for its “agricultural operations” such as building, refurbishing and winter sanding its own cranberry bogs.

Makepeace will necessarily also have to account for all the sand it has removed in abutting towns like Plymouth and Carver, since it has frequently claimed sand taken from those towns was also use on the same cranberry bogs and supposedly subject to agricultural immunity. In other words, the region-wide math does not add up. Nor do the Makepeace claims that the mining operations are “necessary” to build new agricultural projects.

Here’s what the voters’ October Town Meeting Warrant Article says:

Makepeace mining sites subject to investigation

160 Tihonet Road, Wareham

Before, during and after photos below

Before: the old “land strip” area used by planes doing aerial spraying of pesticides and fertilizers

During AD Makepeace sand mining. Excavation into the Sole Source Aquifer to extract the best sand.

After: land denuded to the point where nothing can grow in human time. Ground mounted solar.

Oct. 23, 2021 Google Earth Image 160 Tihonet Road, Wareham MA

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.

The 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”. There is supposed to be “mitigation” when this happens but how can a species be conserved and “managed” when large swarths of its 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?

Here 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.”

71 Charlotte Furnace Road, Wareham

Before and after images below show 42 acres of forest clear-cut, mining and Borrego Solar project as of 2021.

Makepeace Charlotte Furnace earth removal and solar site 2009
Makepeace Charlotte Furnace Solar Site, October 2021
Makepeace Charlotte Furnace Solar Site, overlain with prior topography

64, 77 and 299 Farm to Market Road

What happened for earth removal at these three sites needs a thorough investigation and accountability from local and state regulators. Between 2010 and 2021, it appears that Makepeace conducted an earth removal operation in the areas known as numbers 64, 77 and 299 Farm to Market Road. State regulatory documents are unclear and are inconsistent with maps and site plan review documents from the Wareham Planning Board.

The site appears to be between 11 and 23 acres. Before earth removal, it appears topography before was about 69 feet and after about 54-64 feet

Makepeace submitted an Environmental Notification Form to the state MEPA office in 2019. The state’s MEPA Certificate 13940, p. 2, May 2, 2019 states,

The “area of work [for installation of a solar project] is largely cleared and previously disturbed.”

“The site was formerly used for sand mining, which cleared the site of vegetation….Because sand mining is ongoing, site grades fluctuate; final grades will range from 54 ft to 64 ft NAVD.” 

Makepeace earth removal and Solar Site, 64 Farm to Market, may also be known as 299 Farm to Market Road

Makepeace and Borrego Solar Project, Farm to Market Road, Wareham, 2021

Where did the sand go?

On the Trucks leaving Read Custom Soils or on Makepeace’s cranberry bogs?

Makepeace Read Custom Soils sand marketing and sales facility, Federal Road, Carver MA
Map of some Makepeace earth removal and solar sites, Wareham, Carver and Plymouth MA, December 2021
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