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WILLIAMSBURG
A 17 acre Dynamic industrial solar project in Williamsburg has caused $1.4 million in environmental damage. A similar project is being proposed.
TIMELINE
Dynamic consults with abutters and agrees to a stormwater management plan.
2018
Dynamic constructs a 4-megawatt, 17,000-panel solar energy project at a former sand and gravel pit at 103 Briar Hill Road
2018
Environmental damages such as chasms caused by flooding and sand deposits in wetlands begin to appear. The DEP is involved.
2018
April 2020
A lawsuit is filed by the Healey’s office alleging that Dynamic Energy Solutions LLC disregarded “fundamental pollution control requirements” for construction sites under federal and state law when it constructed an 18.5-acre solar array on a steep hillside above the West Branch Mill River.
2021
Dynamic agrees to pay approximately $1.14 million to settle allegations that it violated federal stormwater requirements, damaging protected wetlands, and polluted the West Branch of the Mill River in Williamsburg
Currently
Environmental restoration is underway. Local residents note that the process has significantly disrupted their lives and that ecological damage has been done beyond the power of restoration efforts to fully repair. For example, a significant amount of sand has been deposited into a nearby river.
Another large-scale solar project is proposed for 103 Briar Hill Road.
SITE
The Williamsburg project, located on East St.
IMPACTS
According to Mass.gov:
"the AG’s Office alleges that Dynamic caused sediment-laden stormwater to flow in extreme amounts off the array site, which led to eroding the hillside, scouring out perennial and intermittent streams, uprooting trees, destroying streambeds, filling in wetlands with sediment, and causing the river to become brown, in violation of federal and state laws protecting water and wetland resources.The AG’s Office alleges that Dynamic’s failure to comply with construction stormwater pollution control requirements altered approximately 97,000 square feet of protected wetlands and more than 41,000 feet of riverfront area and covered the bottom of the West Branch Mill River with the equivalent of more than an acre of sediment pollution.
"The complaint further alleges that Dynamic’s actions destroyed wildlife habitat and vegetation and changed the flow of the tributaries feeding the West Branch Mill River. The West Branch Mill River is a valuable cold-water fishery that is important to the Northern Spring Salamander and a dragonfly species known as the Ocellated Darner. Dynamic also allegedly failed to comply with an enforcement order issued by Massachusetts Department of Environmental Protection (MassDEP) requiring the stabilization of the site, stormwater controls, and restoration of the damaged resources. MassDEP’s Western Regional Office investigated the case and referred it to the AG’s Office for further enforcement.
"Under the terms of the consent decree, Dynamic must comply with state and federal laws to protect water quality and natural resources at the solar array, restore impacted resources at an estimated cost of $530,000, and place a parcel of 24 acres near the West Branch Mill River into conservation at an estimated cost of $210,000. The company must also pay $215,000 to fund the acquisition of land by a trust to benefit water quality in the Mill River, pay a penalty of $100,000 to the Commonwealth’s General Fund, and pay $80,000 to the AG’s Office for costs, including attorney fees."
TAKEAWAYS
Like solar development proposals across the Massachusetts, the Williamsburg case shows the ecological and financial damage an inappropriate solar project can cause.
Here's what we can learn from this case to protect forests and communities across the state:
Prevention is Key
Ecological damage is longterm and causes financial damage. The solar company responsible for the damages is now responsible for paying $1.4 million in restoration fees. This is money and time that could be going towards building other renewable energy systems.
Even with restoration, environmental damage will continue. It takes centuries for a forest ecosystem to develop, and destruction at this level will likely take decades to recover.
It is also important to note that, without the community lawsuit against the company, they would not have been held responsible for this damage. Again, the time and money spent on a damage lawsuit like this could be going towards smart energy solutions.
Solar projects require impact evaluations
Without community involvement early on, an impact evaluation was not done on this site, resulting. Luckily, towns have begun to learn from one another and are now insisting on impact evaluations before the implementation of such projects.
LEARN MORE
Legal complaint against Dynamic for wetlands protection violations.
Article by Dan Crowley detailing the development and lawsuit process
Mass.gov article describing the development and lawsuit