From the ProtectSudbury.org newsletter:
Receiving an email with the words “Notice of Project Withdrawal” in the subject line is enough to get your heart racing. And while it wasn’t the big win that we are all working so hard for, it signified a win nevertheless!
Protect Sudbury volunteers’ thorough review of the “Final Environmental Impact Report” (FEIR) yielded a procedural error by Eversource, which we were able to capitalize on. PS filed an objection with the Massachusetts Environmental Protection Agency (MEPA) and within 24 hours Eversource was forced to withdraw their FEIR.
The error, caught by PS eagle eyes, delays their process by six weeks and gives PS and the Town of Sudbury additional time to prepare and submit comprehensive comments regarding the deficiencies in FEIR, before Eversource re-files.
While MEPA does not approve or deny the project, the lack of a MEPA certificate stops the approval process in its tracks for now. PS had time for a 5-minute victory dance before we were back at work turning over every stone to secure the final victory.
As volunteers continue their work on the FEIR, the Energy Facilities Siting Board (EFSB) continues to deliberate. When the EFSB makes a decision, Protect Sudbury must be prepared for a possible appeal before the Massachusetts Supreme Judicial Court where we would defend our case in front of a more balanced court.
You may notice that VHB, the Eversource contractor, has been on the ROW lately with an archeological team seeking to identify historical and cultural artifacts that may exist. This requirement resulted from Protect Sudbury’s work with many State agencies, the Sudbury Historical Commission, and Sudbury Historical Society.
PS does it’s own due diligence and does not rely on contractors hired by Eversource so PS, the Sudbury Historical Society and the chief preservation officers from both the Wampanoag and Narragansett Native American tribes walked the length of the right of way (ROW) in Sudbury to do our own survey. Tribe members identified at least two sites as potentially culturally significant. This information will be submitted to MEPA and the EFSB. Other potential historic sites were identified that require further investigation. Sometime in September, representatives from each tribe will return to Sudbury and present their findings to our community.
Sudbury’s Conservation Commission has been working hard as well on protecting Sudbury’s cherished green spaces and water supply. Eversource wants to begin doing ‘test borings’ on the ROW, work which requires bringing in heavy equipment like drill rigs and trucks to clear trees and brush. This work presents a potential risk to Sudbury’s water supply, as well as endangered species of plants and animals on the ROW, and would alter the visual landscape for a project that has not been approved! The next Conservation Commission hearing is August 6th at the Town Hall and our community. All, particularly our friends and neighbors who live in close proximity to the rail bed, are urged to attend in order to enter your comments into the official legal record of these proceedings.
For all of the above reasons and more, PS continues fundraising to support these efforts. PS has an $80,000 goal. Through your generosity, we are already halfway there and closer to being able to respond to the EFSB decision when rendered
Funds go to Richard Kanoff, PS attorney and used to pay existing legal bills, support work being done currently, and prepare, if need be, for the Supreme Judicial Court.
Share this great work PS volunteers do every day with others! PS is forever grateful for your continuing support which has fueled our work over these past 2 and a half years. We ALL look forward to achieving that ONE BIG WIN for all of us, where our victory dance will last longer a lot longer than 5 minutes!