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Agenda

BOARD OF ENVIRONMENTAL PROTECTION

Holiday Inn / Ground Round at 8:30 a.m.

April 16, 2009

 

I. Departmental

A. Commissioner's Comments

B. Chairman's Comments

C. Executive Analyst Comments

D. Board Calendar

E. Department Orders Applications Accepted

F. Executive Session

II. Consent Agenda Items

1. BEP Minutes – January 15, 2009 ( approval )

2. BEP Minutes – March 19, 2009 ( approval )

3. JAMES KING, Wilton - Administrative Consent Agreement (BLWQ - Water)

4. TRACY GORDON, Avon – Administrative Consent Agreement (BLWQ - Water)

5. BIRGIT FRANDSEN, Kittery – Administrative Consent Agreement (BLWQ – Water)

6. FRASER PAPERS LIMITED, Madawaska - Administrative Consent Agreement (BLWQ – Water)

7. IRVING FOREST PRODUCTS, INC., Strong – Administrative Consent Agreement (BLWQ – Water)

8. DELORES CHAPMAN, Harrison – Administrative Consent Agreement (BLWQ – Land)

9. JOHN P. CARROLL FAMILY TRUST, Limerick – Administrative Consent Agreement (BLWQ – Land)

10. ROBERT GLADU and RALPH SAWYER d/b/a PEPPERELL ASSOCIATES Lewiston – Administrative Consent Agreement (BRWM)

11. F.R. CARROLL, INC., Limerick – Administrative Consent Agreement (BAQ)

12. BANGOR HISTORIC TRACK, INC., d/b/a HOLLYWOOD SLOTS, Bangor – Administrative Consent Agreement (BAQ)

13. HARRY C. CROOKER & SONS, INC., Whitefield – Administrative Consent Agreement (BAQ)

14. TROMBLEY INDUSTRIES, INC., Caribou – Administrative Consent Agreement (BAQ)

15. POND COVE MILL WORK, INC. South Portland – Administrative Consent Agreement (BRWM)

 

Administrative Consent Agreement:

Proposed wastewater discharge enforcement resolution open for public comment

Pursuant to 38 M.R.S. §347-A(6)

WILLIAM K. SANBORN / SUSAN A. SANBORN / DAVID A. SANBORN / SCOTT W. SANBORN AND ELIZABETH SPAZEK f/k/a ELIZABETH L. SANBORN // Windham -- (Pete Carney 287-4305)

Comment Deadline : May 11, 2009 - Tentative schedule for BEP action : May 21, 2009 

 

 III. Regular Agenda Items

1 CHAPTER 127, NEW MOTOR VEHICLE EMISSION STANDARDS / AMENDMENTS (adoption*)

Staff: Lynne Cayting, Bureau of Air Quality

*At its meeting the Board will accept additional public comment on a rule proposed for adoption. Additional public comment will be accepted only if it is directly related to comments received during the formal rulemaking comment period or is in response to proposed changes. Comments must be presented orally except by leave of the Chair

• Memo to the Board of Environmental Protection and draft proposed Chapter 127
• Chapter 127 -- Basis Statement (response to comments)

2. CHAPTER 305, PERMIT BY RULE / AMENDMENTS (post to public hearing)

Staff: Mike Mullen, Bureau of Land and Water Quality

• Memo to the Board of Environmental Protection
• Draft Proposed Chapter 305, Permit By Rule
• Draft Proposed Chapter 305, Permit By Rule (annotated)

3 SCRIBNER's MILL PRESERVATION INC., / WATER QUALITY CERTIFICATION PERMIT DENIAL DEP [L-21190-35-B-N] (appeal)

Staff: Dana Murch, Bureau of Land and Water Quality

• Memo to the Board of Environmental Protection and draft proposed Board Order
• Scribner's Mill Site Plan
• Department Order Under Appeal [L21190-35-B-N - Denial]
• Appeal Documents
  • Appeal submitted by Mr. Scott Hatch
  • Appeal Exhibits 1 through 4
• Scribner's Mill Upstream Fish Passage Report (June 20, 2007)
• Scribner's Mill Fisheries Report (January 2006)
• Agency and Public Comments on Revised Application
• Agency and Public Comments on Revised Application -- continued
• Applicant's Reply to Comments
  • August 28, 2008
• Applicant Attachments B through G
• Applicant Attachments H through I
• Applicant's Response to Dept. Inland Fish and Wildlife Comments (10/28/08)
• Applicant's Response to Draft Denial Order (12/02/08)
  • Applicant 12/02/08 response continued
• Dept. of Inland Fish and Wildlife - Crooked River, Description of Habitat Based Modeling
• US Dept. Interior - Habitat Suitability Index Model for Atlantic Salmon
  • Habitat Suitability continued
• Maine Historic Preservation Commission Comments
• Newspaper articles (May 1983 and August 2008)

Board to reconvene at 1:00 p.m. for consideration of the remainder of the agenda.

4. DAVID E. RICE / COMMERCIAL PIER, RAMP & FLOAT / NRPA PERMIT DEP LICENSE #L-23698-4E-A-A (appeal by Cornelia Johnson, John Rounds A.C. Pavis-Rounds, Peter Rounds, Dirk & Linda Brunner)

Staff: Beth Callahan, Bureau of Land and Water Quality

Staff: James Cassida, Bureau of Land and Water Quality

• Memo to the Board of Environmental Protection and draft proposed Board Order
  • GIS Location of Project Site
  • Regulatory References
• Department Order Under Appeal [L-23698-4E-A-A -- Approval]
• Appeal Documents
  • Appeal submitted by Cornelia Johnson, John Rounds, A.C. Pavis-Rounds, Peter Rounds, Dirk and Linda Brunner
  Appeal attachment 1 through 2
  • Appeal attachment 3
  • Appeal attachment 4 through 5
  • Appeal attachment 6
  • Appeal attachment 7
  • Appeal attachment 8
  • Appeal attachments 9 through 12
• Licensee Response to Appeal
• Excerpts from the Department's License Record
  • Application for Natural Resources Protection Act Permit (06/01/07
  • Application continued
  • Application continued - Army Corp. Approval - Summary of DEP site visit
  • DEP site visit photos (6/22/07 -- 07/02/07 -- 08/23/07)
  • Visual
  • Applicant - Supplemental Information (08/31/07 and 09/04/07)
  • Applicant - Supplemental Information (12/17/07 - Jones Point)
  • GIS Location map - Jones Point alternative site
  • Appellant - submittal
    • Comments - reveiw on remand from Superior Court (04/15/08)
    • April 15, 2008 comments continued
    • April 15, 2008 comments continued - contour Maps
    • April 15, 2008 comments continued
  • Applicant - submittal (Jones Point Alternative 05/22/08)
    • May 22, 2008 Exhibits
  • DEP Phone notes - Harbormaster (05/28/08)
  • Appellant - comments on draft Department Order (08/25/08)
    • Attachments

 

 

Next Regular Board Meeting - Thursday, May 7, 2009 - Holiday Inn Ground Round-

updated agenda and documents expected availability (04/30/09)

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