Phil Gilfeather-Girton: State and local eyes on FirstLight erosion control

The state Department of Environmental Protection (MassDEP) 401 Water Quality Certification (WQC) for FirstLight needs to require input and oversight by the Franklin Regional Council of Governments (FRCOG) and conservation commissions in Erving, Gill, Montague and Northfield over the erosion control plan. Special Condition No. 25 requiriesFirstLight to work with MassDEP to repair and stabilize existing erosion, develop a Monitoring Plan, report on the plan, stabilize new erosion and create a Barton Cove no-wake zone.

MassDEP acknowledges the important work, and almost 30-year effort put in by the FRCOG and the Connecticut River Streambank Erosion Committee to monitor and mitigate erosion. MassDEP Condition 25 does not require local input and oversight. Under the current FERC operating license, FirstLight is required to control and repair areas of erosion. Regulation and oversight is part of the Massachusetts Wetlands Protection Act (WPA).

In 2009, the Gill Conservation Commission issued an Order of Conditions for stabilization work. The intent was to establish a vegetative bench to reduce erosion. A final report was submitted in 2016. No Certificate of Compliance has been issued. Bank stability has not been fully achieved, and FirstLight must continue monitoring and undertake remediation.

The Gill Conservation Commission requested help with enforcement. In response, MassDEP distinguished between the Water Quality Certification and the Order of Conditions, stating that while consistency is sought, each has its own process for enforcement: MassDEP has responsibility for the Water Quality Certification, while the Order of Conditions is enforced by conservation commissions — although MassDEP has concurrent jurisdiction. Requiring input and oversight by FRCOG and the conservation commissions provides consistency between the authorities.

Phil Gilfeather-Girton

Gill