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Jun 15, 2019

Board of Environment


Bertocci, Cynthia S

Attachments5:08 PM (29 minutes ago)
to Cynthia
Dear Interested Person:

You are being sent this email because you are on the Board of Environmental Protection’s list of persons who have asked to be notified of matters pertaining to Nordic Aquafarms’ applications for the RAS Atlantic salmon facility proposed to be located in Belfast and Northport.

Please see the attached correspondence.

Sincerely,
Cindy Bertocci

Cynthia S. Bertocci
Executive Analyst, Board of Environmental Protection
17 State House Station, AugustaMaine  04333-0017
Phone:  (207287-2452
Cynthia.s.bertocci@maine.gov


From: Bertocci, Cynthia S
Sent: Friday, June 14, 2019 5:04 PM
To: Kim Ervin Tucker <k.ervintucker@gmail.com>; Joanna B. Tourangeau (JTourangeau@dwmlaw.com) <JTourangeau@dwmlaw.com>
Cc: Bensinger, Peggy <Peggy.Bensinger@maine.gov>; Boak, Scott <Scott.Boak@maine.gov>; Loyzim, Melanie <Melanie.Loyzim@maine.gov>; Callahan, Beth <Beth.Callahan@maine.gov>; Wood, Gregg <Gregg.Wood@maine.gov>; Martin, Kevin <Kevin.Martin@maine.gov>; Gilbert, Jane <Jane.Gilbert@maine.gov>

Subject: Nordic Aquafarms - Board Meeting June 20, 2019


Dear Ms. Tucker and Ms.Tourangeau:

The purpose of this email is to confirm that Board Chair Mark Draper has determined that the Board of Environmental Protection will consider the requests that it assume licensing jurisdiction over Nordic Aquafarms’ applications for an RAS Atlantic salmon facility at its meeting on Thursday, June 20, 2019.  While Ms. Tucker has a scheduling conflict and will not be able to attend the meeting, Chair Draper has decided to proceed because, in this case, the matter of Board jurisdiction is not discretionary since both the Commissioner and the applicant, Nordic Aquafarms, have requested Board jurisdiction. Also, it is not a contested matter as Ms. Tucker, on behalf of Upstream Watch, has requested that the Board assume jurisdiction of the applications as well.  In part because Ms. Tucker cannot attend the meeting, and in part because it is not a discretionary decision for the Board, the Board will not allow comment at the meeting from the petitioners (Upstream Watch and Maine Lobstering Union), the applicant (Nordic Aquafarms), or the public. 

When the Board accepts licensing jurisdiction, it will vote on whether to have a public hearing (but would not set a date for that) and would set a deadline for the filing of petitions to intervene.  Under the Department’s Chapter 3 Rules Governing the Conduct of Licensing Hearings, section 11(A)(1), the deadline for the filing of a petition for leave to intervene is within 10 days of the Department’s publication of notice of opportunity to intervene, or such other time as may be specified in the notice.  The parties may submit written comment by Wednesday, June 19, 2019 at 5 pm on an appropriate deadline for the filing of petitions to intervene in the licensing proceeding. 

A copy of the Board agenda and Commissioner Reid’s request that the Board assume licensing jurisdiction over Nordic Aquafarms’ applications are attached.

Thank you for your attention to this matter.

Sincerely,

Cindy Bertocci

Cynthia S. Bertocci
Executive Analyst, Board of Environmental Protection
17 State House Station, AugustaMaine  04333-0017
Phone:  (207287-2452

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