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Agenda

Board of Environmental Protection

Augusta Civic Center, Augusta at 8:30 a.m.

March 18, 2010

I.  Regular Agenda Items

1. LEIGHTON GROCERIES and SERVICE STATION REGISTRATION #9671 – UNDERGROUND OIL STORAGE FACILITY (appeal)

• Department Order Under Appeal
• Appeal and Waiver Agreement
• Regulatory Statutes
• Draft Proposed Board Order

2. RECORD HILL WIND POWER – DEP PERMIT APPROVAL #L-24441-24-A-N and #L-2441-TF-B-N 50.6 MEGAWATT WIND ENERGY GENERATION PROJECT IN ROXBURY (appeal submitted by Rufus Brown on behalf of Concerned Citizens to Save Roxbury)

Staff: Beth Callahan, Bureau of Land and Water Quality

• Department memo to the Board
• Draft Proposed Board Order
• Department Order Under Appeal (pages 1 through 25)
• Department Order Under Appeal (pages 26 through 50)
• Department Order Under Appeal (pages 51 through 60)
• Appeal submitted by Citizens to Save Roxbury
  • Appeal Exhibit A (pages 1 through 25)
  • Appeal Exhibit A (pages 26 through 50)
  • Appeal Exhibit A (pages 51 through 60)
  • Appeal Exhibit B (pages 1 through 26)
  • Appeal Exhibit B (pages 27 through 42)
  • Appeal Exhibit B (pages 43 through 60)
  • Appeal Exhibit C
  • Appeal Exhibit D
  • Appeal Exhibit E
  • Appeal Exhibit F
  • Appeal Exhibit G
  • Appeal Exhibit H
  • Appeal Exhibit I
  • Appeal Exhibit J
  • Appeal Exhibit K2
  • Appeal Exhibit K7
  • Appeal Exhibit K8
  • Appeal Exhibit K12
  • Appeal Exhibit K14 (pages 1-15)
  • Appeal Exhibit K14 (pages 16 thru 2-37)
  • Appeal Exhibit K14 (pages 3-37 thru 32-37)
  • Appeal Exhibit K14 (pages 33-37 thru 3-7)
  • Appeal Exhibit K14 (4-7 to end)
  • Appeal Exhibit K15
  • Appeal Exhibit K16
  • Appeal Exhibit M
  • Appeal Exhibit N
•  Licensee Reply to Appeal
  • Licensee Exhibit 1
  • Licensee Exhibit 2
  • Licensee Exhibit 3
  • Licensee Exhibit 4
  • Licensee Exhibit 5
  • Licensee Exhibit 6
  • Licensee Exhibit 7
  • Licensee Exhibit 8
  • Licensee Exhibit 9
  • Licensee Exhibit 10
  • Licensee Exhibit 11
  • Licensee Exhibit 11 continued
  • Licensee Exhibit 12
  • Licensee Exhibit 13
  • Licensee Exhibit 14
• Excerpts from the Department's License Record
  Statutory References -- Chapter 661
  • Excerpts from Chapter 2
  • Excerpts from Site Law Rules
  • Excerpts from Chapters 335 and 500
  • Project Plans and Maps
  • Excerpts regarding Noise
  • Excerpts regarding Decommissioning Plan
  • Excerpts regarding Scenic Issues
  • Scenic Issues - Photos
  • Excerpts regarding applicant revision to Section 30 (turbine change)
  • Maine's Finest Lakes Report (October 1989)
  • Excerpts regarding Financial
  • Excerpts regarding Title, Right, Interest (TRI) - Ground Lease
  • TRI Excerpts - Warranty deed
  • TRI Excerpts - easement options and CMP upgrade project
  • Excerpts regarding Wildlife - from application
  • Wildlife Excerpts - IFW comments
  • Wildlife Excerpts - Methodologies for evaluating Bird, Bat Interaction with Wind Turbines
  • Excerpts regarding Stormwater - from application
  • Stormwater Excerpt - Stormwater Management Plan & DEP review comments
  • Excerpts regarding Shadow Flicker

 

BOARD TO RECONVENE AT APPROXIMATELY 2:00PM TO CONSIDER THE REMAINDER OF THE MEETING AGENDA

I. Departmental

A. Commissioner's Comments

B. Chairman's Comments

C. Executive Analyst Comments

D. Board Calendar

E. Department Orders/Applications Accepted for Processing

Departmental Orders filed w/BEP (air)

Departmental Orders filed w/BEP

Applications Accepted for Processing (air)

Applications Accepted for Processing

F. Executive Session

II. Consent Agenda Items

Administrative Consent Agreement:
Proposed wastewater discharge enforcement resolution open for public comment

Pursuant to 38 M.R.S.A. §347-A(6)

Town of Farmington/Farmington	DEP contact person - Andrew Flint 287-7774
Town of Bar Harbor/Bar Harbor	DEP contact person - Phil Garwood 287-7695
Bryan Emery and Kristi Emery/Detroit	DEP contact person - Valerie Derosier 941-4581
Chauncey Vieira/Sanford	DEP contact person - Chris Coppi 822-6327
McLaughlin's Timber Trucking, Inc./Orrington	DEP contact person - John Cullen 941-4565
Comment Deadline: March 15, 2010	Tentative schedule for BEP action: April 1, 2010

 

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

2. BEP Minutes – December 3, 2009 (approval)

3. BEP Minutes – December 17, 2009 (approval)

 

4. PORTAGE CONSTRUCTION CO., INC., Portage - Administrative Consent Agreement (BLWQ - Land)

5. SPRAY MINE, INC., South Berwick - Administrative Consent Agreement (BRWM)

III. Regular Agenda Items

* 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

 

3. CHAPTER 150, CONTROL OF EMISSIONS FROM OUTDOOR WOOD BOILERS / amendment (adoption*)

CHAPTER 160, OUTDOOR WOOD BOILER REPLACEMENT AND BUY BACK PROGRAM / amendment (adoption*)

Staff: Ron Severance, Bureau of Air Quality

• Department memo to the BEP; enabling legislation; basis statement
• Chapter 150 - legislative format
• Chapter 160 - legislative format

4. CHAPTER 161, GRAPHIC ARTS – OFFSET LITHOGRAPHY AND LETTERPRESS PRINTING / new (adoption*)

Staff: Deborah Avalone-King, Bureau of Air Quality

• Department memo to the BEP and basis statement
• Chapter 161 - legislative format
• Chapter 161 - final format

5. CALAIS LNG PROJECT COMPANY LLC – Site Location and Development Act and Natural Resources Protection Act (NRPA) applications (#L-24843-26-A-N, #L-28843-TG-B-N, #L-24843-IW-C-N, #L-24843-L6-D-N, #L-24843-4P-E-N, #A-1029-71-A-N, and #W-9056-5O-A-N ) (Request for Board Jurisdiction)

Staff: Becky Blais, Bureau of Land and Water Quality

• Department memo to the BEP
• Request for Board Jurisdiction
• Applicant's Submission regarding Board Jurisdiction (February 10, 2010)
• Applicant's Submission regarding Board Jurisdiction (March 8, 2010)
  • Applicant Exhibit 1
  • Applicant Exhibit 2
  • Applicant Exhibit 3
  • Applicant Exhibit 4
  • Applicant Exhibit 5
  • Applicant Exhibit 5 continued
  • Applicant Exhibit 6
  • Applicant Exhibit 7
  • Applicant Exhibit 8
  • Applicant Exhibit 9
  • Applicant Exhibit 9 continued
• Other Correspondence regarding Board Jurisdiction
• Other Correspondence regarding Board Jurisdiction (continued)

Next Regular Meeting –Thursday, March 18, 2010 – Augusta Civic Center

 

updated agenda and documents expected availability (3/11/10)

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