Association to Preserve Cape Cod

Photo by Sue Machie

What I'm Thinking...

What's Behind the Curtain?

by Andrew Gottlieb, APCC's Executive Director

APCC will be in court on Friday to compel the Massachusetts Guard to immediately produce public records on a pressing matter of great public importance, which APCC properly requested and the Massachusetts Guard is unlawfully withholding, in violation of the state public records law. Back in July, APCC filed a lawful records request with the Massachusetts Guard to produce without delay its records “relating to the preparation, formulation and submittal of ‘Project # 250194 Automated Multipurpose Machine Gun Range REBID – Camp Edwards’ by the Massachusetts Military Division.’”

The requested records are not protected from disclosure under any applicable statutory exemption, and the Massachusetts Guard’s contentions to the contrary cannot withstand scrutiny. APCC has filed 21 state and federal records requests related to the machine gun range project and, as a matter of routine, the Guard resists responding until ordered to do so by the Secretary of State (SOS). Even then, of the eight times the SOS has ordered a response, only six times has the Guard complied. None of the nine records requests filed under the federal disclosure law have been responded to. Given the Guard’s well-established pattern of ignoring its legal obligations, APCC felt compelled to ask the court to vindicate its rights and to hold the Massachusetts Guard immediately accountable to comply with its legal obligation to produce the records.

The requested records concern the Massachusetts Guard’s preparation, formulation, and submittal of the public constructing rebidding documents by which the Guard now seeks—quickly, quietly, and without any public scrutiny—to contractually commit over $9 million of imminently-expiring federal funding to the construction of just a portion of its highly controversial, environmentally unacceptable, and fundamentally unnecessary larger project, which federal and state environmental authorities have not permitted it to build. The project in question is a proposed multipurpose machine gun range at Camp Edwards on Joint Base Cape Cod, a military base that spans parts of Mashpee, Bourne, and Sandwich, and abuts the town of Falmouth. The Massachusetts Guard seeks to build directly on top of the sole source aquifer that provides the critical drinking water supply for a substantial portion of Cape Cod, notwithstanding the U.S. EPA’s alarming preliminary determination that the project entails a significant public health hazard.

While the substance of the issue of the MPMGR is familiar to many, there is another critical principle at stake here that seems lost on the Guard. There are public records laws for a reason. The public, in whose name the Guard and other government agencies work, has a right to know what is being done in its name and to then use information to hold agencies accountable. The practice of shielding deliberative information from public view is corrosive to the proper operation of our system of government and conveys a contempt for the rights of the governed to basic information. To be clear, APCC is not seeking classified documents, nor bids from contractors that would compromise the fairness of the contracting process. What we are seeking are insights that went into the decision to change the scope of the project at the 11th hour.

Even saying that implies that APCC agrees that our request for records must meet some litmus test. It does not. The law presumes a public right to know, except under very narrow circumstances and does not require further justification of the request. The truth is, we don’t know what the records we have requested will reveal. The people that do know are working awfully hard to make sure we never know. I am left to wonder what they don’t want you, me or the governor to see. We expect the judge to agree and you can be sure we will share what we discover.

APCC on the Radio

Best Of BPR 8/19/24: Adam Reilly Previews The DNC & Andrew Gottlieb On Protecting Cape Cod. (Interview starts at 17:00 min).

APCC Ecosystem Restoration Program

Above: The Oyster Pond culvert running under the Shining Sea Bikeway.

Breathing New Life into Oyster Pond: A Tidal Restoration

Oyster Pond is a small estuarine system embayed from the West Falmouth Harbor watershed by the Shining Sea Bikeway. Tidal waters currently flow under the bikeway through an undersized culvert resulting in reduced tidal exchange, excessive nutrient loading, and degradation of the salt marsh ecosystem. APCC is working with the town of Falmouth, the Cape Cod Conservation District, Fuss and O’Neill, and the Woods Hole Group to replace the existing 3.8’ diameter pipe with a 5’x 4’ box culvert.

This summer, staff from APCC were out in the field sampling at Oyster Pond to determine baseline conditions prior to the replacement of the culvert. The data we are collecting will help the project partners gauge the effectiveness of the restoration efforts. Our areas of monitoring include:

Water quality metrics, such as dissolved oxygen (DO), salinity, water level, and temperature, are indicators of aquatic species habitat and the wetland’s overall integrity. Two continuous DO data loggers have been placed in the estuary—one upstream in Oyster Pond and one downstream of the culvert in Harbor Head. Additional loggers are deployed in tandem with the DO loggers to measure water level and salinity. APCC staff clean and service the loggers regularly to ensure proper functioning and high-quality data collection.
Vegetation surveys are used to establish a baseline for plant cover that can be used to track habitat changes following restoration of the tidal exchange, including shifts in invasive species such as Phragmites australis, or the common reed.
Topographical or elevation data collected using a Real Time Kinematic (RTK) GPS device to understand the current condition of the marsh and identify any loss in marsh elevation that might impede recovery.

Our goals for restored tidal flow are to improve salt marsh habitat for native plant and wildlife species, restore water quality in Oyster Pond for fish and other aquatic species, and increase resilience to the community through storm surge protection and reduced flood risk with sea level rise. Long-term monitoring of our project sites is an important component of successful restoration programs. This monitoring work is funded by the Cape Cod Conservation District. For more information about APCC’s restoration projects, please visit our website.

Above: A data logger installed at the Oyster Pond site immediately downstream of the culvert. The data loggers are used to record water quality metrics, such as dissolved oxygen, salinity, water level, and temperature.

APCC's 2023 Impact Report - look for it in the mail this week.

Dog Walkers - When in Doubt, Stay Out

Be observant and keep your pet safe. Cyanobacteria blooms can occur well into the fall.

APCC Webinar

Thursday, September 12, 2024

at 12:00 p.m.

The Everyday Conservationist: Nurturing Nature at Home

with Danae Wolfe

Climate change and biodiversity loss are creating existential threats to people and nature. But we can help. In this presentation, you’ll learn about how traditional landscape management is contributing to climate change and biodiversity loss and discover small steps we can all take in our own backyards and communities to steward our landscapes for nature and wildlife.

REGISTER HERE.

Danae Wolfe is an award-winning conservation photographer, writer, educator, and TEDx speaker focused on fostering appreciation and stewardship of backyard bugs and wildlife. Ever the pragmatic, she believes that everyone has the power to make a difference in combating climate change and biodiversity loss. Danae was the 2022 recipient of the Garden Communicators International Emergent Communicator award, and her work has been featured in various outlets, including CNN, The American Gardener magazine, and Nature Conservancy Magazine. Through her community conservation initiative, Chasing Bugs, Danae has reached global audiences with science-based education about the importance of gardening for biodiversity and has inspired gardeners to appreciate the beauty of our natural world and embrace their role in its protection.

We will be recording Danae's presentation and will post the video on our website under Events.

The Power of Pollinators

(6 minute video)

Take Action to protect the Upper Cape Water Supply Reserve

If you've already written the governor, thank you!

The Massachusetts National Guard, acting through the Massachusetts Military Division, is once again seeking bids to construct a multipurpose machine gun range (MPMGR) on top of the Upper Cape Water Supply Reserve.

Please write Governor Healey today

and demand that she direct her staff to cancel this bid solicitation.

Please use the state's contact form to send the governor a message (see the link to the state's website below). Here's a sample message you can copy and paste into the comments box on the state form:

Dear Gov. Healey,

I am writing to urge you to use your authority in putting a stop to the multipurpose machine gun range proposed for the Upper Cape Water Supply Reserve. I am very concerned about the Massachusetts National Guard’s recent transparent efforts to prevent existing project funds from expiring on September 30 by opening up another bidding process and securing a construction contract. A construction contract signed before October 1 would enable the Guard to continue to try to force the MPMGR on Cape Cod residents who are justifiably concerned that the project threatens the Upper Cape’s only source of drinking water.

This action by the Guard to advance contracting of the project is a further breach of the public trust and the commitment by your administration—which was agreed to by the Guard—that the project would not move forward until the U.S. Environmental Protection Agency has completed its work on the Sole Source Aquifer study and the state’s Environmental Management Commission has reviewed the project. Please use your authority as governor to order the bidding process to stop and to put a halt to this ill-conceived project. Thank you.

Link to state's website: https://www.mass.gov/info-details/email-the-governors-office#email-the-governor-&-lt.-governor-using-this-form-

We'd like to exceed 1,000 emails to Governor Healey,

demanding that she ensure this project does not go forward.

REGISTER HERE.

APCC's Cyanobacteria Monitoring Program

Our cyanobacteria monitoring map remains live for 2024. Results are displayed on the interactive map. For a list of ponds being monitored through October, click here. For any information on Brewster ponds, email Marty.Burke@brewsterponds.org. You can sign up for cyanobacteria bloom alerts here—and receive a notice when a bloom is detected, except for any occurrences in Brewster.

Guidelines for Cape-friendly Landscapes - an APCC publication

The Guidelines gives homeowners steps they can take in the design and maintenance of their properties that will support pollinators and birds, manage stormwater, conserve water, and protect the Cape's water quality. This 40-page booklet is beautifully illustrated by Marcy Ford with content that is easily digestible and supported by numerous resources for additional learning.

Thank you for this important book! Hopefully everyone of us with a yard will read it and put it to use! - Vicky Titcomb of Titcomb Bookshop

We've enjoyed creating it and hope it will help you with ideas to help you steward your piece of Cape Cod and maybe foster an environmental ethic in the decisions we all make in our own managed landscapes. Get your copy here—and maybe one for a friend?

We are grateful for the several retail shops that are partnering with us to make this publication more widely available: Brewster Book Store, Birdwatchers General Store, Crocker Nurseries, Wellfleet Audubon Wildlife Sanctuary, Cape Abilities Farm, Cape Cod Museum of Natural History, the Cape Cod Lavender Farm, Heritage Museums and Gardens, Titcomb's Bookshop, Sea Howl Bookshop, Soares Flower Garden Nursery, and Eight Cousins Bookshop.

If you are a retailer and would like to sell this publication at your store, contact Kristin at kandres@apcc.org.

You can also view the book's content as a pdf on our website.

The Pollinator Pathway Cape Cod is a group of organizations promoting native plants and pollinator-friendly land care practices to create a boat load of safe oases for our native bees, butterflies and a whole host of other pollinators that are crucial to the health of our ecosystems.

Join us! It's easy. There are no fees. You just need to pledge to ADD native plants, SUBTRACT a little lawn, AVOID yard chemicals, especially pesticides, and LEAVE the leaves. And, help us spread the word. Please get on the map to show your support of pollinators on Cape Cod!

You can purchase now your 9-inch aluminum Pollinator Pathway Cape Cod sign at Hyannis Country Garden, Crocker Nurseries, Brewster Book Store, Orleans Conservation Trust, and

Cape Abilities Farm.

If you are a retailer, and you would like to sell the signs, you can order online here, or email pollinators@apcc.org.

APCC Merch