SHAM's NRPA Application to DEP Broken into its sections

Below are linksto the compnent parts of SHM's application  for ease of reading.

* Cover intro

* Exhibit A legal description

* Attachment 1. Activity description

* Attachment 2 alternatives analysis

* Attachment 3 USGS site map

* Attachment 4 Photos of area

* Attachment 5 Plans of activity

*  Attachment 6 Additional plans cross section

* Attachment  7 construction plan

* Attachment 8 Erosion control plan

* Attachment 9 Site condition report

* Attachment 10 Notice of intent to file

* Attachment 11. Me Historic Preservation

* Attachment 12. Functional assessment

* Attachment 13. Compensation

* Appendix A.  Visual Evaluation

* Visual Checklist

* Appensix B Coastal Wetlands 

* Appendix C  Dredging activity

*  DEP dredging application

* DEP Permit Fees

* Public Notice Certification

LBA bill of 2019

A  bill that I had introduced in 2019   by Belfast State Rep Janice Dodge.  Require cumulative impact study when more than  one  Land Based Aquaculture  operation  gets proposed in a  single waterbody. (a bay or reach of a river)

1.	LD 620, HP 448,129th Legislature	An Act Regarding Licensing of Land-based Aquaculture Facilities
	Bill & Fiscal InformationPrinted LD PDFLD Quick ViewWord Document

CLICK HERE for testimony for and aagainst  LD620

Safe Harbors' NRPA Application broken into its sections

 Safe Harbors' Maine subsidiary is attempting to make  Rockland's Inner  Harbor other users lose  public moorings spaces on behalf of this  overly  mega yacht-friendly  proposal .Below is Safe Harbors; application for a Natural Resources Protection Act permit, broken it into its sections for ease of access. Complete NRPA application  as a  89 page PDF  at bottom of links 

Cover of application,introductory information

Title, Right or Interest, Warranty Deed, Knox County Registry Of Deeds Book 5663 Pg 224,   Certificate Of Good Standing Letter Of Agent Authorization

Attachment 1 _ Activity Description

Attachment2   Alternatives Analysis

2a. Project Scope, Overview

Attachment3  USGS Quadrangle Site Location Map And Aerial Tax Map

Attachment4  Photos Of Area

Attachment5   Plans Of Activity

Attachment 6  Additional Plans – Cross Sections

Attachment7  Construction Plan

Attachment8  Erosion Control Plan

Attachment 9  Site Condition Report

Attachment 10 Notice Of Intent To File

Attachment11 Maine Historic Preservation Commission & Five Indian Tribes

Attachment12 Functional Assessment

Attachment 13  Compensation

APPENDICES 

Appendix A   Visual Evaluation

Appendix B  Coastal Wetlands Evaluations

Appendix C   Supplemental Information for dredging Activity in Coastal Wetland

 Full NRPA application  here  89 pages 

Fort Point Cove pollution information

 The following are links to pdf files of  information on Fort Point Cove and its pollution status.  Most  concerns mercury pollution. 

To locate relevant information , download  or open these pdfs and use a Ctrl-F search for Fort Point 

 US District Court 2008  Phase I of the PenobscotRiver Mercury Study (21 Fort Point Mentions)

Maine DMR  2014 Penobscot River Estuary Lobster and Rock Crab Mercury Study  (40 Fort Point  mentions)

US District Court Ordered 2018  Phase III Engineering Study Report Penobscot River estuary.  (26 Fort Point  mentions) 

Federal Water Pollution Control Administration 1967 Pollution_report_Penobscot Navigable river and upper bay ( 20 Fort Point mentions)  Other pollutants than mercury

 April 11, 2019 testimony about mercury by activist atty Kim Ervin Tucker ) No mention of Fort Point,  but much info  about the movement of mercury down the River and into the Bay

A bill to set up a zone council for LBA aquaculture licensees

 proposed legislation

Why:  Maine already has  742  LPAs  licenced to operate in state waters.  And counting.

But state laws and rules of  these licenses  allow multiple oyster farmers per license  and  cross ownership /cross employment between licenses.

https://www.mainelegislature.org/legis/statutes/12/title12sec6072-C.html

 A bill to set up a zone council for LBA aquaculture licensees.

https://www.maine.gov/dmr/aquaculture/data/lpa-table.html

The Problem.  L

SHaM to host pub meeting Oct 13th on its plan to turn half of downtown Rockland Harbor into a used mega-yacht lot & ruin the view.

Safe Harbors is a Texas holding company that's been buying up marinas around the United States and transforming them into their own version.  Sort of a Wal-mart of marinas.

Its plan here is to retool the withdrawn Yachting Solutions marina plan into one setting aside considerable space for  hosting mega-yachts. Even butting into the public navigation channel.  

For restless billionaires roaming the Northwest Atlantic expect marinas  in every coastal reach, with all the amenities these 1%-ers must have, to distract them from the dull grind of rulership over their various corporate kingdoms

For Rockland is, in their eyes,  useful as  place to dump their wastes, a refueling base, and,  with a  corporate jet-friendly  airport  in  nearby Owls Head, a place to join up with their yacht without the noise and clutter of  embarking and debarking in Boston  and  Portland harbors.

And  with a weak city government that historically has reflexively kowtowed to every developer coming down the pike.  It it weren't for ordinary Rockland residents and public  harbor users citizens stepping in and  fending off  these irritating  s

Chapter 13-B: Uncontrolled Hazardous Waste Sites

from Maine Revised Statutes
Title 38: WATERS AND NAVIGATION

Chapter 13-B: Uncontrolled Hazardous Substance Sites TOC

§1361. Findings and purposes

"The Legislature finds and declares that uncontrolled hazardous substance sites within the jurisdiction of the State present a hazard to all the people of the State and that hazard poses a threat or potential threat to the public health, safety or welfare, to the environment of the State and to owners and users of property near or adjacent to uncontrolled sites...."

§ 1362 Definitions

"...B. Any substance which has not been so designated by the United States Environmental Protection Agency may be identified by rule as hazardous matter by the board. "

§1363. Prohibited acts
No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter. [PL 1983, c. 569, §1 (NEW).]

§1364. Powers and duties of the department

1 Tech Services.  2 Rules.   3.  Investigation and evaluation, 4 Designation.  5 Mitigation 

§1365. Designation of uncontrolled hazardous substance sites

Investigation. 

n
A. Designate that  location as an uncontrolled hazardous substance site; [PL 2005, c. 330, §34 (NEW).]
B. Order any responsible party dealing with the hazardous substances to cease immediately or to prevent that activity and to take an action necessary to terminate or mitigate the danger or likelihood of danger; and 
C. Order any person contributing to the danger or likelihood of danger to cease or prevent that contribution.

§1366. Abatement, clean up and mitigation costs.  "Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontrolled sites. "

§1367. Liability; recovery by the State for abatement, clean up or mitigation costs and for damages   "Each responsible party is jointly and severally liable for all costs incurred by the State resulting from hazardous substances at the site or from the acts or omissions of a responsible party with respect to those hazardous substances and for the abatement, cleanup or mitigation of the threats or hazards posed or potentially posed by an uncontrolled site, including, without limitation, all costs of acquiring property. "

§1367-B. Limited exemption from liability for state or local governmental entities

"Liability under section 1367 does not apply to the State or any political subdivision that acquired ownership or control of an uncontrolled hazardous substance site through tax delinquency proceedings pursuant to Title 36, or through any similar statutorily created procedure for the collection of governmental taxes, assessments, expenses or charges, or involuntarily through abandonment, or in circumstances in which the State or political subdivision involuntarily acquired ownership or control by virtue of its function as a sovereign."

§1367-C. Limit on obligation to replace or treat water supply wells

1.  Delineated contaminated area.  Neither the commissioner nor any responsible party is obligated under this chapter to reimburse any person for the expense of treating or replacing the well if the well is installed in an area delineated by the department as contaminated as provided in section 548, subsection 1; a

§1368. Emergency 
Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor.

§1369. Immunity "neither the State nor any agency or employee thereof engaged in any abatement, clean up or mitigation activity, while complying with or attempting to comply with this chapter, or with any rule promulgated or directive issued in the implementation of this chapter, may be liable for the death of or injury to persons, or damage to property, as a result of that activity. "

§1370. Property forfeited

"The following property shall be subject to forfeiture to the State in accordance with the procedures set forth in section 1319-U and all property rights therein shall be in the State: [PL 1987, c. 517, §30 
1. Real estate. 
2. Moneys.

[End of  Chapter 13-B: Uncontrolled Hazardous Waste Sites]

------------------------------------------------------------------------------------------

short version

from Maine Revised Statutes
Title 38: WATERS AND NAVIGATION

Chapter 13-B: Uncontrolled Hazardous Substance Sites

§1361. Findings and purposes

§ 1362 Definitions

§1363. Prohibited acts
No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter. [PL 1983, c. 569, §1 (NEW).]

§1364. Powers and duties of the department

§1365. Designation of uncontrolled hazardous substance sites

§1366. Abatement, clean up and mitigation costs

§1367. Liability; recovery by the State for abatement, clean up or mitigation costs and for damages

§1367-B. Limited exemption from liability for state or local governmental entities

§1367-C. Limit on obligation to replace or treat water supply wells

§1368. Emergency 
Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor.

§1369. Immunity

§1370. Property forfeited

§1371. Lien established

[End of  Chapter 13-B: Uncontrolled Hazardous Waste Sites]

Housing and the natural resources laws a hearing by the afa

Commissioner Heather Spaulding  MOFGA  

Senator Matt  Poulioc (?) Augusta dist 15

Commissioner Dadeiline Hill me assoc realtors

Kate Dufour MMA

Cheryl Golek  Equal Justice Partners, 

Pingree Gov Office of Policy ,  Innovation and the future

Dana Totman  Augusta Housing

C0omm Dan Brennan Dir  MSHA

Comm Anthony Jackson community justice 

Amy Arata legis dist 65

CommJohn Napolitano Pres Me State Building Construction Trades Council   

Staff 

dierdre snyder opla 

hillar y  opla

Sm powell opla

Dierdre 

Last session, Maine Legislature's Appropriations and Financial Affairs Committee, requested the Mills administration and other interested parties work together as a commission.

Purpose Examine Maine's current land use laws and Zoning restrictions and see what could be changed to "Increase Housing Opportunities in Maine".

This Commission to Increase Housing Opportunities in Maine by Studying Zoning and Land Use and Zoning Restrictions reported back to the AFA committee on its findings to date

They'll be in the Appropriations and Financial Affairs Committee Room and you can listen at https://legislature.maine.gov/audio/#228