Aug 19, 2017

Rockland Comprehensive plan overhaul - updates 8 /17/17 on water uses, recreation, forestry & more. AUDIO

Rockland Comprehensive Planning Commission meeting August 17, 2017 
Audio mp3s of  the meeting. *  Meeting agenda  Commission webpage 
Includes: (1) Reports on Comprehensive plan updates. (2) Rockland Farms & Forests Report 59min

(1) Update Reports

Recreation & Open Space  16min 9sec

Above reports as one audio. 27min 35sec

(2) Presentation:  Rockland Farms & Forests Report by Amy Files &John Grondin

Meeting Attendees
Commission members 
Julie Lewis, Chair
Eileen Wilkinson
Amy Files,  Renew Rockland
Callie Black,  Rockland heart and soul 
James Kalloch Workboat operator, snowplowing

Members Not attending
Michelle Gifford
 Michael Silverstein  (resigned)

Also attending 
Ann Kreig from Midcoast Regional Planning Commission
Bill Butler - "staff"
Ron Huber  WRFR LPFM radio producer, FOPB
John Grondin head of Parks Commission

Members Not attending
Commissioner Michelle Gifford  wasnt there 
Commissioner Michael Silverstein  has quit 

Terry Pinto,Rockland Sewage Treatment Plan
 Shelley Kushner, Alternate

Aug 9, 2017

Penobscot Bay threatened AGAIN with offshore dumping of lead & PCB-laden dredge spoils

Is the US Army Corps of Engineers trying to fast track dumping of unacceptably contaminated sediments from the mainland into waters 3 miles off Vinalhaven?

The location for dumping sediment spoils dug up from the harbor floor has ping-ponged from the Rockland Disposal Site off the Fox Islands, onshore to Rockland's own Snow Marine Park and now back to the bay!

As we try to make sense of this Rockland Fishpier Dredge plan, here are some background documents and emails  to bring you up to speed.

EMAILS Discussions of the below documents, as well as about the now-dropped plan to land dump the spoils onto Snow Marine Park in Rockland,

2016 DOCUMENTS  Sediment test and Army Corp response

7/16/16 Army Corps of Engineers Suitability findings on Rockland Fishpier sediments  Quote:  "These sediments are not suitable for unconfined open water disposal at the Rockland Disposal Site (RDS) as proposed."

2017 DOCUMENTS Army Corps issues new plan for fishper dredge spoils  going to RDS



How we got where we are.  Above documents get  referred to below
1. July 6 2016, the Army Corps of Engineers rejects dumping fishpier dredge spoils into the Rockland Disposal Site - located between the Fox Islands and Rockland The Corps cites a toxic mix of wastes in the spoils Here are excerpts from their suitability findings on the spoils "
"These sediments are not suitable for unconfined open water disposal at the Rockland Disposal Site (RDS) as proposed. There are alternatives available to the applicant. These include upland disposal or biological testing of the materials.
Metals "in the sediments represented by Composite 2, cadmium (Cd), copper (Cu), lead (Pb) and mercury (Hg) concentrations for the project are more than twice the “mean plus two times the standard deviation” of the RDS reference value." .
"Five PAHs (phenanthrene, fluoranthene, pyrene, benzo(a)anthracene, and chrysene) concentrations are at least 10 times reference values.
PCBs, "most of the congener concentrations in the project were above the analytical detection limits.
End of excerpts

2. In 2017 the city of Rockland then turned to the land disposal option and found two possible sites.
One would be a fresh topping* of Snow Marine Park in Rockland's south end with the spoils. This would elevate the height above sea level of the park by a certain amount. The second would cap the now filled-to-capacity Rockland Quarry Dump with the spoils, over which a sodded surface would be planted
However Nature has reasserted Herself. The waters that formerly flowed down slope through the South End as a stream into the cove now disperses itself through the filled-in spoils, upwelling as significant wetlands across the north end of the park, making that area off limits and apparently reducing the available area to too small for the spoils . In addition the city councilmembers seem to oppose topping a public park with sediments tainted with lead, cadmium PCBs and other toxins
* Snow Marine Park was created by filling an intertidal cove with dredge spoils - about half a century ago. (From where?)
3. Back to the bay! On July 27, 2017, Army Corps' Charles Farris sent an email to two other Corps officials and Bud Brown the rep of EcoAnalysts Inc . The short message:
"Here is the final sampling plan for the Rockland Fish Pier. Please contact me with any questions."

Aug 7, 2017

Jul 30, 2017

Bay History: September 2000. Huber appeals MBNA soccer field development at base of Ducktrap Mountain.

MBNA's soccer field OK with BEP, but board wants to look at big picture

By Lynda Clancy | Sep 27, 2000
AUGUSTA — Maine's Board of Environmental Protection voted unanimously last week to uphold the state permit that allowed MBNA to build a soccer field last spring on its land in Northport. At the same time, the BEP discussed at length rules assessing cumulative impacts of large developments.
"I do think this is something the board needs to address," said board member Ernest Hilton during the BEP meeting last Thursday in Augusta.
The BEP is a 10-member citizen advisory panel that hears appeals of decisions made by the Maine Department of Environmental Protection, and acts in a policy-making capacity.
Ron Huber, of the Rockland-based Coastal Waters Project, filed the appeal last May, saying the DEP failed to evaluate secondary and cumulative impacts of the soccer field when taken in conjunction with MBNA's previous development on its Northport land.
While the soccer field appeal was the catalyst, Huber's larger goal was to highlight how Maine's Department of Environmental Protection processes project applications.
"Cumulative impacts," according to Maine's environmental policy, are "those impacts that are realized when the incremental effects of individual developments add up to the point where certain thresholds of tolerance are exceeded."
Besides revoking the artificially-turfed soccer field permit, CWP wanted the state to create a policy for defining thresholds that trigger offsite and cumulative impact reviews of any development reviewed under the Site Location of Development
Law, and that the DEP suspend review of other development projects in certain areas around Penobscot Bay, including aquaculture projects, until such a policy is established.
This wasn't Huber's first protest of an MBNA project; last winter, he unsuccessfully appealed the credit bank's plan to build 40 cabins on a portion of its 254-acre Northport parcel. That land, which extends up the slopes of Ducktrap Mountain, lies at the town border with Lincolnville and is accessed from Route 1.
An outcome of Huber's appeal, however, was the BEP's stipulation that MBNA establish a conservation easement there, something that MBNA said it was already working on at the time.
According to the DEP, MBNA submitted a site plan review for developments at its Point Lookout land in 1996, when the bank first wanted to build a conference facility near the top of the mountain. Since 1996 and at various times, MBNA has amended the plan to build an additional function building, pavilion, access roadway, several additions, fitness center, softball field, 40 cabins, access drive, and utilities.
MBNA also built the Lincolnville Central School on a parcel of land adjacent to the soccer field land.
"We were encouraged the board has seen the cumulative impacts of sprawl as a real concern," Huber said after the hearing. "We are discouraged the board allowed this development, which ignores cumulative impact, to proceed."
According to MBNA, the DEP did its job in reviewing the corporation's application, and that CWP's arguments were factually incorrect. MBNA argued that Huber and his organization lacked the requisite standing to appeal, particularly because it had no members.
"Our contention is that there is no group," said MBNA regional director Shane Flynn at the hearing.
In MBNA's written response to the appeal, Portland attorney Philip Ahrens, of Pierce Atwood, wrote: "Here, all that CWP has alleged is that unspecified members of its 'association' live in the the towns of Northport and Lincolnville, as well as 'other sites' in the area that will be impacted by 'implicit sprawl' caused by the project. CWP has offered absolutely no evidence to prove any specific impact on any specific CWP member caused by the proposed development."
CWP, according to Huber's statements filed with the BEP, is a citizen's association "dedicated to restoring and protecting the ecological integrity of the nearshore waters of the Gulf of Maine through local oversight and citizen action.�The CWP includes members from Northport and Lincolnville, the two towns that share stewardship of the Ducktrap Mountain and its watershed, in addition to others sites around the bay's Route 1 corridor that will be impacted by the sprawl implicit if thise development is not revoked."
BEP board member Andrew Cadot asked Huber at Thursday's hearing to respond to the issue of CWP's standing and organizational focus in relation to his opposition to the soccer field.
"You really can't look at the water and land as a separate place," Huber said. Impacts to coastal land affects the water below, he said. "You can't isolate one from the other."
Board member Jean Wilkinson responded to MBNA's opinion on Huber's standing by saying the BEP has a responsibility to hear "the Mr. Hubers who come before us who may not have top-knotch legal resources."
BEP member John Wardwell asked Flynn who the soccer field would serve.
Flynn responded that is was built for the company's fitness center, as well as the larger community. Now, he said, students at the Lincolnville school (which was built by MBNA for Lincolnville) can also use it.
"Was the soccer field part of the master plan for the site?" Wardwell asked.
"No," Flynn said.
Board member Hilton pointed out that MBNA has had a substantial impact on the Maine coast, increased employment, and created attractive buildings. He also said he wondered if the MBNA "bounty" "purchases an opinion of you."
"I find that an extremely difficult point to answer," Flynn said. "We try to get involved in things that make a difference."
"We've had a free-ranging discussion," BEP chairman John Tewhey said.
"MBNA is not on trial here," said board member Irving Faunce.
While the BEP did vote to uphold the soccer field permit, it requested that attorney Jan McClintock, of the state's attorney general's office, produce a short report about what the board's actual authority is in guiding the issue of cumulative impact.
Lynda Clancy can be reached by email at:

Huber appeals Ducktrap Deeryard demolition by MBNA to Maine BEP January 2000

Opponent appeals MBNA Northport permit to BEP

By Lynda Clancy | Jan 11, 2000
NORTHPORT — Coastal Waters Project has appealed the state permit issued to MBNA allowing the construction of 40 cabins on Ducktrap Mountain to the Maine Board of Environmental Protection, hoping the board will revoke the permit.
The appeal was submitted Dec. 30. Now it's up to the Department of Environmental Protection, which issued the permit, to form a recommendation on how it thinks the BEP should proceed.
Coastal Waters has actively protested the DEP permit issued last month. That permit approved the construction of 40 recreational cabins on the side of Ducktrap Mountain. Cabin sizes range from 468 to 650 square feet in size.
Ron Huber of Coastal Waters is appealing the permit on multiple counts, saying the permit should be revoked and MBNA be required to remove the cabins and roads and revegetate the site.
A spokesman at the DEP commissioner's office said last week that the BEP will probably not hear the appeal before Feb. 17. In the appeal process, MBNA has the opportunity to file a rebuttal and interested parties have 15 days to comment on the DEP recommendation after it is issued.
At the time of the DEP approval of the MBNA permit, an MBNA spokesman said the company gives no credence to Huber's protests.
"Mr. Huber's continued attempt to inflame public concern over this project by raising unsubstantiated and incorrect facts benefits no one," said MBNA's Blaine Buck in a pre-approval letter to DEP.
The BEP is a citizen advisory board whose 10 members are appointed by the governor. The BEP interprets, administers, and enforces laws relating to the environment. It also makes rules, decides selected permit applications, and reviews the Commissioner's licensing and enforcement actions. Decisions made by the DEP can be appealed to the board.
In the appeal, Huber said the DEP should have notified the public of changes to the final permit before it was signed by the commissioner's office. Huber maintains that significant alterations were made to the draft permit after it was circulated to various parties for review.
"We are challenging the authority of the Department of Environmental Protection to accept and incorporate last-minute significant changes to the project's application without reopening the comment period and providing notice to the stakeholders and other parties of interest of the modification to the application," the appeal says.
"The department unlawfully deleted requirements embedded in three places in the draft permit from the final permit. Specifically, the department excised the requirement that the developer remove its 40 buildings and roads from the deer wintering area, if the developer and the Department of Inland Fisheries and Wildlife could not come to an agreement on a plan to protect the Ducktrap Deer Yard."
The appeal also maintains the DEP should have considered the cumulative impact of MBNA's development on the mountain. MBNA has already built a fitness center, garage, shed, and playing field on the lower part of the mountain, near Route 1. Closer to the crest of the mountain is its conference building overlooking Penobscot Bay.
Huber also said in the appeal that the DEP should have held a public hearing on the proposal because of "significant public interest."
Coastal Waters Project also says the DEP did not correctly coordinate with the New England Fishery Management Council to gauge the impact of the development on the Ducktrap River, home to endangered Atlantic Salmon.
"We appeal the Department's failure to evaluate the significant direct impacts on the mountain's resources, as well as the substantial adverse indirect, secondary and cumulative impacts to the Ducktrap River/Harbor estuarine complex, to forest interior dwelling wildlife, to threatened and endangered species, to aquatic resources, to freshwater wetland resources and to marine and estuarine resources.
Huber said his organization has submitted a Freedom of Information Act request for state documents relating to the MBNA permit acquistio

Jul 26, 2017

Rockland Harbor, 1999. MBNA dredges harbor near new waterfront facility, has spoils trucked to Rockland Quarry Dump.

Prock Marine's dredger and barge work with George C Hall trucks to move sediments from harbor floor to Rockland's Quarry Dump, 2006. A photo essay. Scroll down for photos

Flash forward to trucks dumping spoils into Rockland Quarry dump from Old County Roadside

Jul 20, 2017

Rockland Fishpier Dredge plan FOAA docs June 2016 to July 2017.

On July 20th,Rockland Harbormaster Matt Riley responded to Friends of Penobscot Bay's  request for info on dredge plans for Rockland's Municipal Fish Pier  with the below emails and documents. They date from June 26, 2016 to July 19,2017. Thanks Matt!

2016 first then 2017

NOTE: attachment links at ends of pages won't work. Those attachments are posted separately with an  * asterix* in front of name.

2016  Emails relating to Rockland Fishpier dredging and renovation

062616_Richard Whitman fisherman, Matt Ripley

062616_Bud Brown president EcoAnalysts, Inc to Audra Caler-Bell Rockland community development spec; Matt Ripley, Rockland Harbormaster Cc: Tim Forrester & Lisa Vickers (EcoAnalysts)

* 070816 Refined sample map

070916_Bud Brown. Audra Caler-Bell; Matt Ripley Cc: Tim Forrester; Lisa Vickers

071116_ Bud Brown, Audra Caler-Bell; Matt Ripley Cc: Steve Durrell -Prock Marine

080916_Peter Tischbein ACOE Cc: Jay Clement ACOE; Shawn Mahaney ACOE; Audra Caler-Bell; Matt Ripley; Tim Forrester; Lisa Vickers(biologist,EcoAnalysts) 

* 080916 Rockland Fish Pier Grain Size Analysis for Use of Sand as Cover for Dredge Material.

090216_Kim King (MDOT) to Brian Downey (ME Pilotage Assn) re Port Safety Forums 106 & 107

090916_Peter Blanchard DEP  to Matt Ripley.

091916_Peter Tischbein to Ripley

112216  Carol Woodcock (Senator Collins), Matt Ripley, Nick Battista (Island Institute), Patricia Aho, (Collins)

2017 Emails relating to Rockland Fishpier Dredgeing and renovation

Jul 19, 2017

Rockland Harbor Commission 7/19/17 mtg ponders fish pier dredge issues, weighs costs of alternatives. AUDIO

At their  July 19, 2017 meeting  the Rockland Harbor Mgmt Commission discussed  plans to  dredge the sides and end of the Rockland Fish Pier and dump the spoils either on Snow Marine Park or at the Rockland Disposal Site in mid Bay Background info.

Audio recordings of the two Fish Pier dredge plan-related discussions at the meeting. Below the meeting photo is a recording from the June 27th mtg of the Harbor Commission about the dredge plan.   

Part 1  "Fish Pier Dredge Report & discussion. 8 minutes 

Part 2, "Snow Marine Park Spoils Report" 7min 44sec

Harbor Commission 6/27/17 
Fish Pier Dredge Report, discussion  6 min 13sec

Jun 24, 2017

Dredging - Rockland Harbor Fishpier and beyond.

Quick facts Rockland harbor existing dredged channels info

1. Army Corps of Engineers on Rockland harbor navigation  Harbor map 

3. Reviews, discussion of Maine dredging  governance

January 2016 .Safe Harbors: A Comparative Analysis of Dredging Regulation in New England U Maine School of Law.  (Scroll down for Maine section)

State Govt Role in dredging in Maine
Maine Coastal Program (MCP) coordinates state agencies involved in dredging and disposal

Maine DMR  Environmental Permit Reviewer
Penobscot Bay Dredging reviews by former DMR  reviewer Brian Swan
11/8/12 Camden Harbor Dredge (to DEP) 
12/18/12 Camden Harbor Dredge (to BPL) 
12/18/12 Camden Inner Harbor dredge . BPL


Contaminated Sediment Remediation Guidance for Hazardous Waste Sites

Cleaning Up Contaminated Sediment Citizen's Guide

Applications to Dredge or to Dispose of Dredged Material in Coastal Waters

Maine Natural Resources Protection Act (NRPA)

38 §480-D. Standards. 9. Dredging

9. Dredging. If the proposed activity involves dredging, dredge spoils disposal or transporting dredge spoils by water, the applicant must demonstrate that the transportation route minimizes adverse impacts on the fishing industry and that the disposal site is geologically suitable. 
The Commissioner of Marine Resources shall provide the department with an assessment of the impacts on the fishing industry of a proposed dredging operation in the coastal wetlands. The assessment must consider impacts to the area to be dredged and impacts to the fishing industry of a proposed route to transport dredge spoils to an ocean disposal site. The Commissioner of Marine Resources may hold a public hearing on the proposed dredging operation. 
In determining if a hearing is to be held, the Commissioner of Marine Resources shall consider the potential impacts of the proposed dredging operation on fishing in the area to be dredged. If a hearing is held, it must be within at least one of the municipalities in which the dredging operation would take place. 
If the Commissioner of Marine Resources determines that a hearing is not to be held, the Commissioner of Marine Resources must publish a notice of that determination in a newspaper of general circulation in the area proposed for the dredging operation.
 The notice must state that the Commissioner of Marine Resources will accept verbal and written comments in lieu of a public hearing. The notice must also state that if 5 or more persons request a public hearing within 30 days of the notice publication, the Commissioner of Marine Resources will hold a hearing. If 5 or more persons request a public hearing within 30 days of the notice publication, the Commissioner of Marine Resources must hold a hearing. 

In making its determination under this subsection, the department must take into consideration the assessment provided by the Commissioner of Marine Resources. The permit must require the applicant to:

A. Clearly mark or designate the dredging area, the spoils disposal route and the transportation route;
B. Publish in a newspaper of general circulation in the area adjacent to the route the approved transportation route of the dredge spoils; and .]
C. Publish in a newspaper of general circulation in the area adjacent to the route a procedure that the applicant will use to respond to inquiries regarding the loss of fishing gear during the dredging

(End of dredge section of statute)

Applications to Dredge or to Dispose of Dredged Material in Coastal Waters

May 13, 2017

ME Legis' Marine Resources Comm May 10, 2017 worksession on LD 1438 AUDIO MP3

On May 10, 2017, the Maine Legislature's Marine Resources Committee approved an amended version of LD1438 "An Act To Improve the Aquaculture Leasing and Licensing Laws."   Listen to the 5/10/17 work session on LD 1438 (47min)  
Or in parts: Pt 1 12min  **  Part 2. 8min54sec  **Part 3. 9min 44sec  ** Part 4. 8min 50sect **  Part  5  to end    Listen to May 1, 2017 public hearing on 1438. (46min)

Read Official summary of LD1438 below links to filed comments 

Belle, Sebastian
Maine Aquaculture Association
Crimp, JamesIsland Institute
de Koning, FionaAcadia Aqua Farms, LLC
Devin, MichaelMaine State Legislature
Dobbins, PaulOcean Approved, Inc.
Gilbert, DeirdreDepartment of Marine Resources
Steverlynck, ValyFreeport

"This bill amends the aquaculture leasing and licensing laws. 

* It removes the prohibition on the provision by the Department of Marine Resources of promotional and marketing assistance to the aquaculture industry. 

* It extends the potential term of an aquaculture lease from 10 to 20 years. 

It changes the order of preference for lease applications to include in the 2nd position an individual who currently holds a limited-purpose aquaculture license for the area. 

It provides a process by which a holder of a standard lease could seek an expansion of the lease area by up to 10% once during the duration of the lease without having to apply for a new lease. 

It places the licensed activities and criteria for limited-purpose aquaculture licenses in separate statutory provisions. 

It requires a limited-purpose aquaculture license holder to specify if the license is for commercial or personal use and to identify the growing area and current classification of the area. 

It adds consideration of any risk to public health to the criteria used in determining whether to grant a limited-purpose aquaculture license. 

It adds to the eligibility criteria for a limited-purpose aquaculture license the completion of any educational courses that may be required by the Commissioner of Marine Resources.