Maine DEP has reacted to the joint submission by Upstream Watch and Maine Lobstering Union challenging Nordic's application as fatally inaccurate by ordering Nordic to show otherwise. Can they?
The two NGOs had written to the Board of Environmental that the Nordic application is "fatally flawed and must be dismissed for lack of title, right or Interest (“TRI”). Nordic’s deficiencies in TRI are fatal and incurable ..."
The two NGOs had written to the Board of Environmental that the Nordic application is "fatally flawed and must be dismissed for lack of title, right or Interest (“TRI”). Nordic’s deficiencies in TRI are fatal and incurable ..."
Two of the points UW'S attorneys David Losee and Kim Ervin Tucker are arguing: (that DEP finds credible - see below)
1. Nordic and DEP failed to include Northport in its review process despite the outfall pipe passing through several private Northport properties.
2. Nordic does not have permission from the Northport property owners whose land the pipeline would have to pass through. Nor any right, title or interest in those properties.
Ergo, Uptream Watch observed, as Nordic cannot access Penobscot Bay with its pipelines, it cannot operate a land based aquaculture operation from the Belfast site. Therefore the application must be rejected.
DEP's Brian Kavanah
Acting Co-Director, Bureau of Water Quality wrote a terse letter to Nordic Aquafarms stating that
" In light of recently received evidence that the Department has determined to be credible, the Department is requesting further information regarding 1) the location of the structures associated with the Nordic Aquafarms MEDPES application, including all portions of the outfall pipe from the proposed facility, and 2) the applicant’s title, right or interest (TRI) in the area proposed to be developed or used. The Department requests all such information be submitted no later than February 6, 2019." (end excerpt)
"Location of the structures" because Nordic has insisted it's all in Belfast, but the revised application shows a goodly bit of the obligate pipeline locations within Northport. Makes it wrong for them to have moved ahead without including that town in the review .
"Title, right or interest (TRI)" because, lacking those, it cannot operate its proposed RAS salmon tankfarm.
What will Nordic's response be?
