Michael Muadin v. Department of Conservation and Recreation (SPR 20231693)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 4, 2023 SPR23/1693 Michael Tencellent Records Access Officer Department of Conservation and Recreation Office of the General Counsel 10 Park Plaza, Suite 6620 Boston, MA 02114 Dear Mr. Tencellent: I have received the petition of Michael Muadin appealing the nonresponse of the Department of Conservation and Recreation (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 7, 2023, Mr. Muadin requested the following: [1] Digital copies of any and all e-mails, notes, memoranda, exhibits, records, reports, photographs, maps, recordings of Zoom meetings, and any and all material relating to the Beaver Dam on Smith Mountain in the Hancock portion of the Pittsfield State Forest which released millions of gallons of water across state lines and down into Lebanon Springs, New Lebanon, New York, on the night of June 28-29, 2023…. [2] Digital copies of any and all material related to the calculation of the size of the beaver pond before the dam failed and the amount of water which poured into New York State. [3] Digital copies of the results of any testing and analysis of the water remaining in the beaver pond for the presence of the parasites which cause Giardiasis or “Beaver Fever” or any other parasite or substance harmful to human health. [4] Digital copies of any and all e-mails, notes, memoranda, exhibits, records, reports, photographs, maps, recordings of Zoom meetings, and any and all material regarding monitoring, inspections, and remediation of the beaver activity on Smith Mountain in the Hancock portion of the Pittsfield State Forest for the One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Attorney Michael Tencellent SPR23/1693 Page 2 August 4, 2023 period from 2010 through the date your office fulfils this Public Records Request…. [5] Digital copies of any and all e-mails, notes, memoranda, exhibits, records, reports, photographs, maps, recordings of Zoom meetings, and any and all material regarding any current plans being developed, as a result of the flooding of 28-29 June 2023, to prevent future flooding across state lines. The information sought includes, but is not limited to, any plans to permanently relocate the beavers or to otherwise build an additional, permanent barrier, including, but not limited to, the so-called “beaver reliever.”… Claiming to not yet have received responsive records, Mr. Muadin petitioned this office and this appeal, SPR23/1693, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether the Department has provided a response. Accordingly, the Department is ordered to provide Mr. Muadin with a response to his request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Mr. Muadin may appeal the substantive nature of the Department’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Michael Muadin