MassDEP to take oversight of wetlands violations, erosion at Falls Farm

The Montague Conservation Commission meets with Falls Farm representatives on July 18. On Thursday, the board’s Sunderland counterparts voted to have the state Department of Environmental Protection begin overseeing the erosion and wetlands issues at Falls Farm.

The Montague Conservation Commission meets with Falls Farm representatives on July 18. On Thursday, the board’s Sunderland counterparts voted to have the state Department of Environmental Protection begin overseeing the erosion and wetlands issues at Falls Farm. STAFF FILE PHOTO/ERIN-LEIGH HOFFMAN

By ERIN-LEIGH HOFFMAN

Staff Writer

Published: 07-26-2024 5:50 PM

SUNDERLAND — The state Department of Environmental Protection will begin overseeing the erosion and wetlands issues at Falls Farm following a unanimous vote of the Sunderland Conservation Commission on Thursday.

Diane McClellan, representing Falls Farm, told Sunderland officials that, since the Montague Conservation Commission’s meeting last week when the problem was most recently discussed, the farm has contacted a wetlands specialist with proper credentials and has spoken with a MassDEP representative. The farm has property in both Montague and Sunderland, though Sunderland’s commission has been the only one thus far to issue an enforcement order seeking a restoration and mitigation plan in the wake of wetlands violations and erosion stemming from tree clearing on 3 acres of land.

McClellan said Michael McHugh, wetlands section chief of MassDEP’s Western Regional Office, is the specialist who will be overseeing the farm. McHugh visited the site on Monday, July 22.

“We are trying to be cooperative to get things at the farm restored,” McClellan said, adding that the farm is now in the process of getting a wetlands report to Sunderland as part of the enforcement order. “We’re trying to get our people on the project to restore the land. It’s a process to get there, and we are working with the towns to get to a resolution.”

The Sunderland Conservation Commission voted to transfer oversight to MassDEP due to the complexity of the issue and a desire to allow for both towns to be informed on the actions being taken by the farm and MassDEP. McHugh could not be reached on Friday for comment on his involvement.

As noted by the Sunderland commission, MassDEP has a greater scope of resources and funding to take on the project, including an ability to impose fines on Falls Farm if necessary, although both Sunderland and Montague can enforce compliance with the state Wetlands Protection Act. However, issues with the land — including erosion that is clogging culverts and silt collecting in nearby waterways in both towns — have been difficult to manage. The Sunderland board believes state involvement will help streamline enforcement and communication.

Sunderland Conservation Commission Chair Jennifer Unkles explained the commission will still oversee the farm until all paperwork with MassDEP and Falls Farm is signed. From that point on, the commission will be in contact with MassDEP regarding updates on the progress of the land’s restoration.

“[We’re] likely requiring the same things that we’ve been talking about as we move forward, and it would incorporate the [farm] building and any other work that is on that Sunderland side, along with the erosion controls and all mitigation and restoration efforts,” Unkles said.

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Those living near Falls Farm attended the meeting to express their concerns. Sunderland resident Karen Nolan said while she is content with the state becoming involved, she hopes that accountability for the land isn’t dependent on the actions of one MassDEP official.

“It’s that there’s only one human being that is holding some sort of accountability,” Nolan said. “What does that mean for us? Does it mean we have somebody to communicate with? ... It’s not enough eyes, considering how much damage has been done without permission.”

Although Nolan has mixed feelings on state involvement, she hopes that this results in accountability for what has been done on the land. Nolan hopes there will still be open communication and that residents can still bring their concerns to the Sunderland board.

After the meeting, Unkles expressed her desire to continue receiving community input in meetings regarding Falls Farm and MassDEP.

“I’d like to see community input come through us and have us be a conduit,” Unkles said.

The Sunderland Conservation Commission will meet next on Tuesday, Aug. 6, at 6:30 p.m. at Sunderland Town Hall. The Montague Conservation Commission is scheduled to meet on Tuesday, July 30, at 6:30 p.m. to discuss Falls Farm, according to the posted meeting agenda.

Erin-Leigh Hoffman can be reached at ehoffman@recorder.com or 413-930-4231.