Attorney Kim Ervin Tucker has been a leader of the effort to keep Land based fishfarm wannabee Nordic Aquafarms building and operating i.e. discharging wastewater from their project into Befast Bay and Penobscot Bay, She is representing the Maine Lobstering Union and the Friends of the Harriet L. Hartley Conservation Area in opposing to the Nordic Aquafarms plan
Excerpts of her response to the Sampling and Analysis Plan for the Nordic Aquafarms Pipeline CorridorDredging, Belfast and Northport, ME ALSO READ commentary by Paul Bernaki & Tucker
Kim Ervin Tucker:
"The proposed sediment testing plan, as it must for CWA Section 404 reasons, includes the intertidal land that is protected by a recorded Conservation Easement that my clients, Jeffrey Mabee and Judith Grace, own and my other clients, the Friends of the Harriet L. Hartley Conservation Area, hold. I have repeatedly filed documentation demonstrating that NAF has no legally cognizable expectation to use this intertidal land."
.......
"The SAP [Sampling and Analysis Plan] fails to require any sediment testing in the submerged lands area where NAF proposes to place pipes above ground after “grading and filling” to place brackets holding these pipes above the seafloor every 15 feet, secured by cement anchors into this methane-rich, unstable holocene mud.":
"The USACE is aware of the instability of the sediment in this area and the significant methane deposits in this area — it is part of the reason this area has been determined to be unsuitable for dredge spoils disposal since at least 1999.
I"n light of the SAP’s acknowledgement that this area has buried HoltraChem mercury in the upper 1-foot of sediment — including in the area proposed for “grading and filling” that would likely disturb and re-suspend this buried mercury — this omission from the SAP is inexplicable and needs to be corrected immediately."
That is what caught my attenti0n
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