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Showing posts with label Penobscot Bay Watch. Show all posts
Showing posts with label Penobscot Bay Watch. Show all posts

Sep 29, 2022

Safe Harbor draft Environmental Assessment for land side of Rockland megayacht plan. EA and Appendices breakouts.

Texas marina holding company Safe Harbor Marinas (SHM) has just released a draft Environmental Assessment of the impacts on the harbor and harbor users of the landward side of their marina expansion plan to make Rockland Maine's inner harbor a fueling center for megayachts and superyachts chugging along the Maine coast. The Safe Harbors proposal will require the city to surrender a portion of one of its few public beach parks to create the petroleum transfer point. MDOT and USFWS want to know what you think about that.

Below LINKS 1 Table of Contents for each section of the 150 pg draft EA

LINKS 2 Appendix A through Appendix I

LINKS 1







    5.2 Future Compliance Needs/Permits



LINKS 2 APPENDICES

2 Appendix B Issued Regulatory Permits























Aug 2, 2015

Maine Lobster Festival 2015: Penobscot Bay Watch was there!

Rockland. Huge crowds  daily filled the living heart of the Maine Lobster Festival - the Marine Experience Tent during the July 29 to August 2, 2015 event.

Penobscot Bay Watch had several duties at the Festival, being educators at the baylife touchtank  There, living wild residents of Rockport Harbor and Owls Head Harbor greeted curious humanity.


Cradled in careful hands, lobsters waggled antennas, scallops squirted, urchins prickled,  a horseshoe crab used its spiketail repeatedly in a sort of tumbling acrobatics, hermit crabs kept peeping from their borrowed periwinkle and whelk shells. Sponges bobbed about, like misshapen small potatoes, 

 Rockweed was a comfortably thick floating layer topping the touch tanks' surfaces, whence lobsters could get out of sight of the thousands of Marine tent visitors. 

Of course, only a few dozen yards away, lobster cookers were busily sending their cousins off to their next lives and preparing their bodies to feed the human masses filling the nearby food tent, 

"People who care about Maine's biggest bay." That's the motto of Penobscot Bay Watch and that's who  joined me at PBWs table in the Marine Experience Tent over the five days of the 68th annual Maine Lobster Festival:

 Sandra Schramm, Sally Jones, Larry Litchfield, Debby Atwell, Sheila Dassatt.
There for the bay. Thank you!


How it went: thousands of festival goers drifted table to table throughout the marine tent. They passed both sides of our display table, many lingering over the eye catching maps, bay charts and aerial photo posters (thanks David!).  

Whereupon these Bay Friends held forth singly or en masse, telling of the the pollution past present and future of Penobscot Bay.and of What Needs Doing.

We  spoke of the 21st century threat of mega-dredging Searsport Harbor's mercurious substrates and dumping it at the head of the drowned river canyon that lies between Turtle Head & Northport. 

Releasing these spoils - the Corps of Engineers acknowledges ruefully - into killing mushroom mudclouds well beyond maintenance needs. 

On behalf of - what else? Big Oil. 

How Big Oil's top Maine lobbyist - doing a revolving door stint as Maine Commissioner of Environmental Protection - was skillfully ramrodding the project through.  

There were GAC Chemical's 19th and 20th century industrial wastes, staining and burning Stockton Harbor from on highOf our hopes that the company will finally dig out its worst wastes next to the abandoned sulfur pile. This year!
There were google earth posters showing the  airshed adjoining  a proposed gas gobbling power plant in Rockland Maine, and the proximity of the burner's exhaust stack to the city's little league field, elementary and middle schools.  To sprout gas feeder lines to stimulate sprawl along west Penobscot Bay's thickly forested lobster coast, between Rockland  and Belfast appears to be a long term goal of the would be suburbanizers and urbanizers. 

That such would slowly but irreparably degrade lobster habitat and water quality does not appear to merit their attention.  But it does  get our attention!

Around Sandra, Debby, Larry, Sally, Sheila  & I, the visitors swirled, closing up in ranks 4 and five deep nearby as they awaited their turn to meet the wild maine sea life that was holding court in the two elevated shallow salt pools at the southeast end of the tent.  

Or watching two Brooks trapmill men put lobster traps together.
A nautical knot-master at work. (He told me the secret of the Gordian Knot, but I'm forbidden to pass it on.) It was loud..I mean LOUD in the Marine Experience Tent! One had to shout, or at least project well, to be heard by the person next to you. 


Along with local nautically flavored authors and artists displaying their wares in the tent, I interviewed Sheila Dassatt, executive director of Down East Lobstermen's Association on how the Maine lobster industry fared under the legislature.  Her recorded voice may be only barely louder than  the crowd-roar filling the tent. We'll see

Again, thanks Sally, Sandra, Larry and Debby and Sheila for helping enlighten the People as to the challenges Maine's biggest bay has faced, is facing and will face.

Feb 20, 2015

Penobscot Bay Data maps, aerials, charts and more


ELMR data (Estuarine Living Marine Resources)
https://penbay.org/gom/elmr_data_1994_bluehillbay_penbay_muscongus.jpg
https://penbay.org/gom/noaa_elmr_distr_abund_1994_northatlantic.pdf

Virtually fly  the Gulf of Maine  https://penbay.org/gom/fly_gom.mpg

ROCKPORT

Harbor maps
https://penbay.org/rockport/rockport_rockland_hbr_watersheds.jpg
https://penbay.org/rockport/rockport_harbor_chart_lg.jpg
https://penbay.org/rockport/Rockport_hbr_bathy_chart_sm_vert.jpg
https://penbay.org/rockport/rockporthbr_quartzcliff_topo.jpg
http://penbay.org/rockport/rockport_hbr_quartz_cliffs_1sm_071714.jpg

Underwater photos/video
https://penbay.org/rockport/rockport_hbr_101912_biofoulingpictures/

Sewer expansion
https://penbay.org/rockport/rockport_sewer_expansion2.jpg
http://penbay.org/rockport/rockport_sewer_expansion.jpg
http://penbay.org/rockport/rockport_sprawl_map_capt.jpg
http://penbay.org/rockport/rockporthbr_quartzcliff_topo.jpg

Aerial
GAC Chemical aerial photo 5.1.13 Waste plumes at low tide
GAC Aerial looking southeast, includes Sears island Islesboro more
GAC aerial abandoned sulfuric acid plant, sand bar and causeway 2013

Historic
1940 Kidder Pt industrial waterfront, horizontal     1940 waterfront vertical






Oct 3, 2011

Cape Jellison's scenic resources at risk from LPG supertank.


Pictures taken on Cape Jellison, and of Cape Jellison, from the location  across Long Cove and Stockton Harbor from where energy company DCP-Midstream wants to build a giant Liquified Petroleum Gas storage tank. Biggest in New England! while Maine DEP is doing little.    (Click Here for  photos of endangered scenic resources from Searsport Shores Campground in Searsport)

Panorama of Stockton Harbor Click Here for larger  
a - Colonel Petterson Park (public access to beach)
b - Stockton Harbor Public Docks
c - Sears Island 601 acres Conservation Easement  Maine Coast Heritage Trust
d - The Village Condos Stockton Springs
e -  Rocky Point (private homes)
 
More Photographs 
View From Stockton Harbor Docks 9.26.11 Helicopter Click Here

View from Stockton Harbor dock 9.26.11 Helicopter closer  Click Here

View from Stockton Harbor Docks 9.27.11 proposed site marked
This photo was taken the morning after the helicopter flew over, so  site marked is an estimate, but based on studying the photos. 

Note that Stockton Harbor Public docks serves  commercial and recreational fishermen, as well as sailboats. There are approximately 150 moorings. Stockton Harbor hosts a significant boating community, centered around the Stockton Harbor Sailing Center.

From Stockton Harbor and Cape Jellison perspectives , the location of this new proposed development is  a huge sprawl of industrial development into unbroken natural forestland, rich with Indian artifacts in an undeveloped irreplaceable natural coastal forest on Mack Point

Aug 15, 2009

Activists into Eco-Yuppies Part 2: Islesboro Islands Trust-worthiness in question

Continuing on in our review of the role of moderate and astroturf green groups in the industrial attack on Sears Island, we come inevitably to the Islesboro Islands Land Trust and its executive director Steve Miller.

What a difference a decade and a half can make! Check out Steve Miller back then:

On September 28 1995, in a letter to the US Army Corps of engineers - one of many IILT letters to federal and state regulators about Sears Island - Mr. Miller urged the Corps "to deny the Maine Department of Transportation (MDOT) application for a permit to build a cargo port at Sears Island in Searsport, Maine and, in so doing, irreparably alter marine and freshwater wetlands."

A few months later, December 11, 1995, Miller wrote to Maine's Marine Resources Commissioner Robin Alden, telling her that his initial reaction to DMR's
October 13, 1995 letter to the Army Corps of Engineers challenging the federal agencies' evaluation of the effects on fisheries habitat of Angus King's Sears Island port plan: "ranged from disbelief to horror.....it is abundantly clear that the letter was not intended to further either conservation or development of Maine's marine and estuarine resources."

In his letter to DMR, Miller went on to write: "... I believe the [National Marine Fisheries Service's] Evaluation is pointing to a complex grouping of numerous attributes that, altogether, create an impressive and significant ecological assemblage. I live on an island just two miles south of Sears Island but we do not have nearly the numbers of different species and attributes as were collected in the one 940 acre area on Sears Island. Its proximity to the mainland, while still being an island, as well as its position at the mouth of the river, is truly unique. "

Alas, that was then. This is now:
“The governor’s involvement was very important,” fawned Steve Miller in the Downeast Magazine bizarre tale on How Sears Island was enslaved. “I don’t know that we would have been functioning without the governor’s support. He was critical.”

According to Diane Smith the virago who worked as flak catcher during JUPC meetings, allow Miller and his fellow buy-ins to avoid having to answer any questions from the inquiring audience.

Now it turns out , according to Smith, that Miller finds the idea of filling the bay with container freighters bearing cargo bound for Montreal, and turning the upper bay into as Asthma cluster zone with the incredible array of internal combustion machines aboard ships, trains and trucks at the port, will be somehow "greener". Judging by his happy countenance at the later JUPC meetings, the green that Steve and his bank-owned land trust are actually so thrilled by is known as the Long Green" c-notes. Lots and lots of 'em.

How the mighty have fallen!












Jan 22, 2009

Baldacci, Cole okay dismembering Sears Island; activists vow to contest final rule.

Opponents of a Maine DOT-devised plan to partition Penobscot Bay's Sears Island into a port zone and a protected zone said that they will contest today's approval of a controversial conservation easement by the Baldacci Administration.

Because the easement is a Final Agency Rule, those seeking to overturn the rule have thirty days to bring suit before state or federal court.

"Sears Island will not be dismembered," said Ron Huber, executive director of Penobscot Bay Watch. "The final rule is based on false and misleading information, purposely fed to both MDOT's Sears Island Joint Use Planning Committee, and to the members of the Legislature's Transportation Committee*. Garbage in/garbage out. It won't hold up to judicial scrutiny."

* Under Public Law 277 the Maine Legislature's Joint Committee on Transportation has authority to review all Sears Island development proposals. After the committee reviewed the Joint Use Plan on November 18, 2008 and in December, Transportation Committee co-chair Dennis Damon who had promised on June 26, '08 to bring the Sears Island issue before the legislature's Marine Resources Committee, declined to do so.
Instead, brushing aside concerns from new legislators on the Transportation Committee, and refusing to allow Sears Island fishery concerns to be brought up before the Marine Resources Committee on January 14th (the Senator co-chairs that committee, too) , Damon shoved approval of the Joint Use Plan (15 minute mp3) through on January 15, 2009: in the process dealing a tremendous slap in the face to Midcoast groundfishermen struggling to keep their industry alive in the current ecomoic climate.
Huber said his group and others have worked with many others to restore Penobscot Bay's finfisheries and shellfisheries.

"The chronic pollution and permanent destruction of groundfish nursery habitat and salmon habitat in the upper bay that a container port on Sears Island would make it far less likely that the bay's cod, haddock and flounder will make a comback in our lifetime.

In addition, 'smolts', young Atlantic salmon transitioning from freshwater to saltwater life, gather in the shallow brackish protected waters near Sears Island while they morph from being fresh to saltwater breathing. These too will find their essential nearshore habitat destroyed or fouled with ballast water, bilge and other tainted runoff from a functioning container port. The same holds true for Penobscot River's sturgeon

The groups will ask that the MDOT's Final Order partitioning the island into conservation zone and port zone be set aside, and that Maine DOT be made to carry out and pass an environmental review as required under federal and state law before moving ahead with any partition plan

Penobscot Bay Watch is part of a larger regional coalition, Fair Play for Sears Island, which will take part in the expected litigation. "This is not the first time we've fought off a Sears Island proposal, said Harlan McLaughlan, director of Fair Play for Sears Island, "but we hope it will be the last."

At issue is whether Maine DOT and its Joint Use Planning Committee (JUPC) erred when they declined during their two years of deliberations to consider the environmental damage a container port might have on the island's and bay's natural marine resources. The agency claimed its JUPC group, which operated as a state rulemaking consensus process could voluntarily exempt itself from having to consider the potential environmental impacts of their evolving plan.

Critics say this contravenes the Sensible Transportation Policy Act (STPA), Maine's key transportation law. STPA warns that MDOT's decisions on transportation plans (like Sears Island) can: "have profound, long-lasting and sometimes detrimental impacts on the natural resources of the State, including its air quality, land and water."

Becuase of that concern, in its rules, STPA "requires that MaineDOT identify and develop strategies that are context sensitive and minimize adverse affects to environmental quality."

"Evidently Commissioner Cole forgot to look at his rulebook," Huber said. "Now we'll have to have a judge 'throw the book at him'.

Baldacci/Cole plan goes against Legal Precedent. The January 22 2009 decisions also run MDOT afoul of established federal Sears Island legal precedent. Consider the 1989 federal court case Sierra Club v. Marsh (pdf), 1989 US App (1st) 75 - a critical Sears island precedent case.

In his decision, then-1st Circuit Chief Judge Breyer wrote thusly about the folly of MDOT's planning process playing down the likely harm a port on Sears Island could have:
"..... the harm consists of the added risk to the environment that takes place when governmental decisionmakers make up their minds without having before them an analysis (with prior public comment) of the likely effects of their decision upon the environment."
Breyer held that decisions about Sears Island need to be made in
"...a process whereby administrators make important decisions with an informed awareness of how the decision might significantly affect the environment."

But Maine DOT and its Joint Use Planning Committee have done just the opposite. Wouldn't Judge Breyer - now a US Supreme Court justice - be disappointed to learn of Maine DOT's repeat of its 1980s blunder?

Huber said he is not surprised by the Baldacci Administration's machinations. "When it comes to Sears Island, Maine's government has a sad history of ignoring economic and ecological reality, and of skirting or outright ignoring the law." he said.

In 1995, facing certain denial of his cargo port plan for environmental reasons, Governor Angus King and members of the Maine congressional delegation infamously pressured EPA's regional administrator into agreeing to transfer the EPA's staff reviewing Sears Island off the Sears Island port plan review.

When he learned of King's plot, Huber notified legal advocacy organization Public Employees for Environmental Responsibility, which filed a lawsuit that forced the EPA administrator to reverse his decision and keep the staff on the job. Once the EPA official backed down, PEER withdrew its suit, the staffer returned to work and, based on her recommendations, the US Army Corp of Engineers set stiff requirements for mitigating the damage the port would cause to island and bay. Unable to foot the bill, Angus King withdrew his Sears Island port plan in early 1996. (short mp3)

Huber said he was not surprised that Maine DOT didn't seek a review of their plan by the Maine Department of Marine Resources. "DMR kowtowed completely to the port proponents under King" he said.

In October 1995, then-DMR Commissioner Robin Alden submitted a controversial letter to the Army Corps of Engineers and FHWA that pooh-poohed the value of Sears Island's shoals and eelgrass meadows as fish habitat, earning her a rebuke from federal officials as well as New England's marine science community - including one of the scientists she quoted in her letter.

Steve Miller of the Islesboro Islands Trust wrote in a letter to Commissioner Alden that his "initial reaction ranged from disbelief to horror.. .your letter seemed more like a defense of the cargo port than a discussion of natural resources and their preservation."

Ironically, Miller is now himself committed to port development on Sears Island, as a consensing member of the Joint Use Planning Committee, a decision that has put him at odds with many former allies.

""We likewise reacted with disbelief and horror, when we learned that Steve Miller had joined the dark side", McLaughlan said. "Go figure."

Perhaps mindful of Alden's debacle, present day Marine Resources Commissioner George Lapointe has kept mum.

"Hopefully something will finally penetrate MDOT's leaders' thick skulls", said Mclaughlan. "Their brains always turn to mush when Sears Island gets put on their to-do list."


Below: Governor Baldacci's January 2 press release (includes full text of governor's executive order)

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

January 22, 2009

An Order Implementing the Recommendations of the Sears Island Planning Initiative's Joint Use Planning Committee

WHEREAS, the State of Maine is dedicated to preserving its historic coastline while providing economic opportunities to its citizens that its proximity to navigable waters offer; and

WHEREAS, the State of Maine owns Sears Island in the Town of Searsport, County of Waldo, where both of these goals can be compatibly and responsibly pursued; and

WHEREAS, Sears Island lies centrally on Maine's largest bay, Penobscot Bay, which has seaports, manufacturing centers, farms, rocky headlands and well over 100 islands on its waters and shores. The Bay, which serves as the economic domain of a thousand or more working fishing and lobster boats, includes a major shipping channel, and is a recreational and ecological location of world class standing; and

WHEREAS, Sears Island located in the harbor of Searsport is uniquely suited, through its deep water ship access and its rail connection allowing double stacked rail cars to travel unabated from Searsport to Chicago, to be the location of a future freight container port; and

WHEREAS, Maine's future economy will be strengthened by the inclusion of Sears Island in the global freight transportation routes; and

WHEREAS, the parties to the Consensus Agreement, that created the Joint Use Planning Committee, shared a good faith belief that opportunities to pursue a port and conservation uses were compatible and should be given equal weight and attention and should all be vigorously pursued ; and

WHEREAS, the Sears Island Planning Initiative Consensus Agreement established that the appropriate uses for Sears Island are compatibly managed marine transportation, recreation, education, and conservation, therefore, the joint use planning process defined two significant land use parcels on the Island, a 601-acre conservation parcel known as the "Protected Property" and a 330-acre "Transportation Parcel", for the benefit of the Town of Searsport, County of Waldo and the State of Maine; and

WHEREAS, Sears Island Planning Initiative Consensus Agreement established that the Maine Department of Transportation (MaineDOT) will actively market, solicit proposals and create partnerships for a cargo/container port on Mack Point and/or Sears Island on the Transportation Parcel; and

WHEREAS, Sears Island Planning Initiative Consensus Agreement established that the MaineDOT, with the Town of Searsport and appropriate others will provide for light recreation, education and conservation facilities on the Protected Property by conveyance of an easement covering that area; and

WHEREAS, the Final Report and Recommendations for Implementation of the Sears Island Planning Initiative Joint Use Planning Committee, prepared pursuant to the Sears Island Planning Initiative Steering Committee Consensus Agreement has been presented to and approved by the Joint Standing Committee on Transportation of the Maine Legislature in accordance with Maine Public Law 2005, Chapter 277;

NOW, THEREFORE, I, John E. Baldacci, Governor of the State of Maine, do hereby order and direct as follows:

The Maine Department of Transportation will in all respects implement the recommendations of the Sears Island Planning Initiative's Joint Use Planning Committee.

o MaineDOT, as Grantor, will grant a Conservation Easement on a 601-acre conservation parcel known as the Protected Property on Sears Island to the Maine Coast Heritage Trust, the Holder, with the Maine Department of Environmental Protection as the Third Party Enforcer.

o MaineDOT will fix the boundaries of the Transportation Parcel and the Protected Property as determined by the Joint Use Planning Committee and defined in the Conservation Easement.

o The Transportation Parcel is reserved by MaineDOT for future transportation use, allowing for joint or concurrent development of a marine transportation facility, compliant with 23 CFR 774.

o MaineDOT will create a "Sears Island Conservation Area Advisory Group" to provide public input on future land use and guidance to MaineDOT with respect to the management of the Protected Property.

o MaineDOT, upon execution of the Conservation Easement, will actively and aggressively work with the Maine Port Authority and other interested parties to initiate the process of marketing and development of a cargo/container port on Mack Point and Sears Island in accordance with the Agreement including initiating a request for proposals for a cargo/container port facility which will utilize environmentally-responsible technologies to minimize impact to natural resources, cultural values and existing marine activities while creating significant economic opportunity for the citizens of the State of Maine.


Effective Date:

The effective date of this Executive Order is January 22, 2009.

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

END

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

Aug 7, 2008

Sears Island planning - before it went off track

The good old days...



Sears Island preservationists prevail at meeting

Monday, June 26, 2006 - Bangor Daily News by Tom Groening

BELFAST - Those wanting to preserve Sears Island in a mostly natural state were out in force on Saturday at a daylong information gathering session, and their vision for the state-owned island dominated discussions.

The facilitated meeting at the University of Maine Hutchinson Center drew more than 60 participants. It is the first of two sessions in which public input is being gathered by a steering committee to guide a planning process for the 941-acre island, linked to the mainland in Searsport by a causeway. ... The Saturday session used a process that allowed participants to brainstorm ideas for an agenda and then meet in small groups to flesh them out.

...

"Sue Inches of the State Planning Office and Jonathan Reitman read the summaries of the small group sessions and created a list of the dominant topics:

  • Gathering more information on Mack Point's capacity, shipping trends, and the value of nonport development.
  • Restoring the natural habitat on the island and returning a tidal flow through the causeway.
  • Finding a balance between conservation and compatible economic development and fisheries.
  • Creating a people- and nature-friendly ecotourism experience on the island.
  • The need for coordinated management of current and future island uses.
  • Drawing up principles to guide development.
  • Keeping the steering committee process open and transparent."
end excerpt Full Article

How did things get so far off track?

Ron