Our Thoughts on Commuter Rail

The proposed South Coast Rail Line to Fall River and New Bedford will continue to generate much discussion. On July 25th, members of the Campaign and other environmental groups met with Kristina Egan, of the Executive Office of Transportation, and staff of the Executive Office of Energy and Environment to begin a dialogue about the many environmental issues at stake.

EOT has set up a web comment system at the website for the South Coast Rail. Please make your own concerns known through their web portal - and stay in touch this fall.

The following statement was delivered to Ms. Egan on behalf of the Taunton River Watershed Campaign:

Background: The Massachusetts Bay Transportation Authority (MBTA) is planning a major extension of its commuter rail system from Boston through southeastern Massachusetts to New Bedford and Fall River. The projected cost is approximately $1.4 billion. Benefits identified by the MBTA include enhanced access to public transportation and regional economic growth and development. The Commonwealth has hired a project manager to conduct a land use study in the project corridor and to work with the affected communities to plan for concentrated transit oriented development around the proposed new train stations. An environmental consultant has also been hired to conduct further environmental analysis and planning in relation to permitting requirements.

Position: The Taunton Watershed Campaign generally supports commuter rail improvements as an alternative to highway widening. The Campaign also supports mixed-use development concentrated on land that is appropriate for development and in close proximity to transit and other infrastructure. However, we have identified serious environmental concerns summarized below associated with this particular rail extension project.

A number of key environmental concerns were not addressed adequately or in sufficient detail during the previous Massachusetts Environmental Policy Act (MEPA) review process conducted for this project. This process extended from October of 1995 to August of 2002. These issues must be reconciled in full before the project is permitted and constructed.

The Final Environmental Impact Statement (FEIR) identified the “Stoughton route” as the preferred alternative for this project. The Stoughton route would impact several major wetland systems in the Taunton River Watershed, including the Hockomock Swamp and the Pine Swamp. The Assonet Cedar Swamp will be impacted no matter which route is used. Affected ecosystems (wetlands, uplands and streams) include globally rare habitats supporting numerous rare species. The significance of these species and their habitats have been documented by the Massachusetts Natural Heritage Program and are protected by the Massachusetts Endangered Species Act and the Massachusetts Wetlands Protection Act. Some of these lands are designated as Areas of Critical Environmental Concern. The proposed line runs through conservation lands in several locations. Some are owned by the Massachusetts Division of Fisheries and Wildlife or other land conservation agencies and are protected under Article 97 of the Massachusetts Constitution. Additional areas are protected by private conservation organization s such as Mass Audubon.

The MBTA has indicated its intention to review the alternative routes that were rejected during the previous process (the “Attleboro route” and the “Middleboro route”). The environmental impacts of using these routes have not been fully documented. The MBTA should provide detailed analysis of all environmental impacts of the alternatives routes to compare and select the least environmentally damaging practicable alternative as required by the federal Clean Water Act and other laws. We look forward to reviewing this data and providing comments.

The Campaign’s specific concerns include the following four major points

1. Wetlands and Rare Species Impacts

As presently proposed, the project will cause significant adverse impact to wetlands, intermittent and perennial streams and rare species.

* Impacts extend well beyond the footprint of the actual work. Some of these were described in the 2002 Final Environmental Impact Report. Impacts that have not been adequately evaluated to date include:

- Hydrological effects on sensitive wetlands and streams – even small changes in hydrology as a result of a railway embankment or other structures in a wetland can have large changes on the entire wetland. This is of particular concern for Atlantic White Cedar Swamps, which are especially sensitive to changes in hydrology or water quality.

- Fragmentation effects – railway embankments divide habitats and create unnatural edges within contiguous habitats. This can affect the viability of local populations of plants and animals.

- Secondary growth impacts – experience with other rail projects shows increased rates of development in the areas surrounding rail stations. If communities are not prepared in advance and sensitive habitats protected through project related mitigation commitments, these secondary impacts are likely to be significant.

* The MBTA has not demonstrated that the anticipated impacts are unavoidable, cannot be minimized or adequately mitigated against as required by federal and state law.

* In some areas wetlands, vernal pools, streams and rare species habitats have not been correctly documented and potential impacts evaluated.

* Some of the wetlands impacted, particularly by the Stoughton route, feature globally rare wetland habitats, such as Atlantic White Cedar swamps, that are not replaceable. The Hockomock Swamp includes the largest Atlantic White Cedar swamp in Massachusetts. Several globally rare species are also found in the Hockomock Swamp including the Water-willow Steam Borer (moth), Long’s Bulrush (plant) and Hessel’s hairstreak (butterfly).

* For other impacted wetlands, wetlands replication cannot completely and effectively replace the functions and values lost due to destruction and fragmentation of existing natural systems. Therefore adequate environmental compensation must be proposed, including protection of additional sensitive lands within the affected sub-watersheds.

2. Growth Management in Affected Communities

* Preparation for growth impacts prior to project permitting and construction in all impacted communities is essential. This preparation should include adoption of updated open space plans and innovative zoning that take into consideration the expected impacts. The plans should identify areas appropriate for development and areas that warrant protection based on ecological, agricultural, historical or cultural significance.

* State financial and technical assistance must be provided to help understaffed municipalities undertake planning, zoning and project review during the project.

* Mitigation must include financing for high priority open space protection.

* Rail station locations must be carefully selected in relation to existing infrastructure and town/city centers, and avoid areas of particular environmental sensitivity.

3. Transportation Planning Considerations

* The estimated cost of the project now stands at $1.4 billion. This figure has continually escalated since the project was first proposed in 1995. Full cost estimates must include a comprehensive approach to avoiding the most critical environmental impacts and mitigating others. The high cost of the project must not be used as an excuse to avoid environmental impact minimization or mitigation measures.

* While a reduction in vehicle traffic could improve air quality and pollution caused by roadway runoff, the MBTA has yet to demonstrate that the projected ridership on this line will significantly reduce vehicular traffic. MBTA should do a full analysis of potential traffic reduction, taking into account the population growth that is likely to be spurred by the rail development. It remains unclear, for example, whether the new rail line would preclude or delay the need to widen Route 24.

4. Air Quality and Alternative Energy

Typically rail projects in New England are fossil fuel dependent. However hydrocarbon emissions from locomotives degrade local and regional air quality, affecting people and negatively impacting wetlands, waterways, groundwater and natural habitats. In addition we face global climate change as a result of burning diesel fuel and will face critical limitations on the availability of fossil fuels in a matter of a decade or less.

The Taunton River Watershed Campaign urges further analysis of the potential for implementing alternative energy design and sources in the South Coast rail project in order to support sustainable regional development and smart growth. Specifically, the MBTA should analyze the use of electric locomotives in order to avoid the damaging effect of fossil fuel emissions upon sensitive receptors and the environment generally.

For more information on this position or the Taunton Watershed Campaign, contact:

Priscilla Chapman, Taunton Watershed Advocate
Mass Audubon
The River Center
Gertrude Boyden Refuge
Taunton, MA 02780
(508) 828-1104
pchapman@massaudubon.org

Inspiring TRWA meeting in Taunton

Curt Spalding, of Save The Bay, Engages Activists to Protect America's Estuaries

Curt Spaulding, Executive Director of Save The Bay in Providence, gave a wonderful speech at the 19th annual Meeting of the Taunton River Watershed Alliance (TRWA) held at First Parish Church, Church Green, in Taunton, on Wednesday, November 8th.

Curt spoke with passion about the ecological link between the Taunton and Narragansett Bay. He spoke of his networking with environmental groups around the country to bring greater public attention -- and respect -- for the estuary zone which is so critical to all life.

Curt has been Executive Director of Save The Bay since 1991, and is regarded as a national leader in estuary and watershed restoration. Save The Bay is one of the largest environmental groups in New England, with 40 staff and 20,000 members.

Save The Bay and the TRWA have both benefited from a strong collaborative working relationship over the years. The Taunton Watershed is the largest watershed contributing fresh water to Narragansett Bay—and therefore one of the largest potential sources of nutrients and other pollutants. Narragansett Bay, one of the most productive estuaries in the world, returns anadromous fish that spawn and support the full web of ecosystem life in our Taunton watershed.

Don't Give Up The River!

With the issuance of a state environmental certificate, we are all one step closer to the prospect of huge tanker ships bearing flammable Liquefied Natural Gas through Mount Hope Bay and the mouth of the Taunton River – past thousands of homes and businesses, highways, and fishing grounds – leaves one gasping for breath. The years of discussion, revisions, and dueling are exhausting for all, but we urge all involved to stay the course and continue to fight this misguided and dangerous proposal.

The Massachusetts Secretary of Environmental Affairs has ruled that Weavers Cove must satisfy the Department of Environmental Protection and the Office of Coastal Zone Management on several key issues related to water quality, use of the public tidelands and coastal policy. The Secretary strongly suggested that Department of Environmental Protection should re-open the public hearing on water quality impacts, a step that will give citizens another opportunity to comment on the disastrous effects of dredging the river to make way for LNG tankers.

The outcome of the poorly conceived Weaver’s Cove Energy project is not certain. Rhode Island has enacted a law that prevents the transport of LNG cargoes through the Bay by expanding the required security zone to 1,000 feet. Representative Robert Correira and Senator Joan Menard have been working to get similar protections in the Bay State. Governor Mitt Romney has gone on the record opposing the Fall River LNG proposal. However, he is concerned that legislation on his desk would restrict the state’s current LNG facility in Everett. If the Governor vetoes the bill or sends it back to the House for changes, Fall River legislators should work out a solution or file a new bill that could be taken up after the November elections.
At a critical time for the Taunton River – the Aquaria water plant in Dighton is also moving through final permitting, the City of Brockton has agreed to clean up its large wastewater treatment plant, and the Brayton Point power plant in Somerset has been ordered to vastly improve its environmental performance – to allow the LNG terminal would be a massive step backwards.

On the regulatory front, several state and federal permits must still be obtained by those proposing this dangerous misappropriation of the public’s waterways.

Next up: although the Federal Energy Regulatory Commission has signed off on the Weaver’s Cove plan, the U.S. Army Corps of Engineers and the Coast Guard have not. The Coast Guard is grappling with the navigation issues and the Army Corps will have to approve the dredging plans. Lawsuits have also challenged the project.

As currently proposed, Weaver’s Cove has refused to cut back on dredging when anadromous fish return to the sea in the fall. It is misguided and ineffective to protect the parent fish migrating upstream in spring if the young of the year will not be able to reach the ocean come fall because giant dredges are stirring up sediment across nearly the entire width of the river in Fall River.

We believe Weaver’s Cove so-called “mitigation” measures will not protect the species in the River and utterly fail to address the impact of three years of dredging 191 acres of river bottom.

Weaver’s Cove also contends that the future operation of the terminal, and the regular churning of the river bottom by ships entering & leaving, would have no impact on fish and shellfish. This head in the sediment attitude must be challenged.

Around New England and eastern Canada, other LNG proposals are also being considered. One LNG terminal is already under construction in Canada. Our region does need clean, reliable energy but LNG tankers through the City of Fall River are not the answer. Weaver’s Cove should be compared to the other available sites and a decision reached on the public benefits and the worst-case scenario of each location rather than giving carte blanche to the for-profit companies seeking to serve the region. A special commission of the Massachusetts legislature recently recommended that a proposal for one of the Boston Harbor Islands at least deserves further study.

The Taunton River Watershed Alliance is part of the Taunton River Watershed Campaign, a coalition of eleven conservation and planning organizations working to preserve the landscape and natural resources of the watershed. Five campaign organizations [Save the Bay, Taunton River Watershed Alliance, The Nature Conservancy, Mass Audubon, and the Jones River Watershed Association] filed written comments last month strenuously opposing the dredging of the estuary of the Taunton River to create a turning basin for LNG tankers.

DEP should reopen the public hearing to address concerns about water quality and the loss of public waterfront and Governor Romney should sign the bill setting reasonable set-backs for ships carrying LNG cargoes.

Karen Augeri Benson
TRWA Advocacy Attorney

Kate Kilguss
TRWA Executive Director

Susan Speers
Taunton River Watershed Campaign