Maine Yankee natural resource settlement gets green light
July 9, 2008
CONTACT:
Scott Whittier (207) 287-7674 Scott.Whittier@maine.gov Mark Hyland (207) 287-7890 Mark.Hyland@maine.gov
(AUGUSTA)—Maine Yankee ceased operations over a decade ago, and the cleanup process for the site began in 2000. One of the final steps, nearly two years in the making and signed earlier this month, is an agreement addressing a settlement for long-term damage to groundwater resources on Bailey Point in Wiscasset. This Natural Resources Damages Restoration Plan (NRDAR) and Settlement Agreement was drafted and made available for public comment in late 2006, and details were subsequently worked out incorporating numerous public comments and changes to the restoration plan.
Maine Yankee still owns land on Bailey Point where some of the groundwater contains low levels of contaminants, but it is currently impracticable to remediate beyond those low levels. Restrictive covenants are in place to prevent groundwater use and exposure to the contaminants such that there shall be no significant health or environmental risks.
The NRDAR funds are allocated to restore, rehabilitate, replace or acquire the equivalent of injured natural resources and services. The Natural Resource Damages Assessment and Restoration Plan is entirely compensatory without any punitive element. The goal is to make the public “whole” following a release of a hazardous substance or oil to the environment.
In 2004, previous to this settlement agreement, Maine Yankee transferred 470 acres to the town of Wiscasset for potential redevelopment and 200 acres to the Chewonki Foundation. Because these 670 acres known as the “Backlands” were not developed by Maine Yankee, it was investigated separately to allow for the transfer of the property for reuse. The Town of Wiscasset subsequently sold their 470 acres to Ferry Road Development Co. LLC.
The Maine Yankee NRDAR and Settlement Agreement was designed to compensate for non-radiological groundwater impacts by allocating $930,000 to several projects in the region of the former Maine Yankee site ranging from land conservation easements along the Sheepscot River to the restoration of a large area of salt marsh. The settlement was negotiated between Maine Yankee and several state agencies that were designated as trustees for Maine’s natural resources, with the Department of Environmental Protection (DEP) as the lead trustee. Other agencies included the Departments of Conservation, Marine Resources, and Inland Fisheries and Wildlife. The agreement was signed by all parties and the Attorney General’s office.
DEP Commissioner David Littell said, “The parties to this agreement are to be congratulated on working together to develop a plan to compensate for impacted groundwater resources at the Maine Yankee site. The Natural Resource Damages funds will provide important natural resource and habitat protections in the same ecological region as the Maine Yankee property. The result of this signed agreement will be enhanced protection of important natural resources for our wildlife and for future generations of Maine’s citizens to enjoy.”
According to Maine Yankee spokesperson Eric Howes, “The NRDAR settlement benefits the community and the environment. Maine Yankee appreciates the hard work of the state trustees in reaching this innovative agreement.”
Private and federal funds are also being used in concert with the settlement funds to further leverage the benefits to the public and Maine’s environment.
The seven projects on the NRDAR project list proposed for funding are as follows:
Heart of the Watershed (Sheepscot Valley Conservation Association (SVCA)) $170,000
The protection of three properties will result in the preservation of 543 acres including roughly three miles of Sheepscot River shoreline. The program will protect riparian buffers along the Sheepscot River from the Reversing Falls in Sheepscot to the dam at Head Tide in Alna. It will protect habitat important to wild Atlantic salmon, bald eagles, brook floater and other uncommon mussels, globally rare and threatened plant communities on the riverbanks, and other anadromous fish that use the river. Part of this project will expand SVCA’s existing Bass Falls Preserve with its public hiking trails and hunting and fishing opportunities. Conservation easements on the three properties will enable continuation of existing forestry activities which is an important part of the local economy. Maine Yankee funds will complete the final contributions necessary to move forward on the land and easement acquisition.
Sherman Lake/Salt Marsh Restoration (State Planning Office) $100,000
The dam under Route 1 that previously created Sherman Lake was partially washed out in October 2005. The subsequent dewatering of Sherman Lake has allowed for the natural restoration of a 216 acre saltwater marsh to begin but the wetland is not a fully productive saltwater marsh because the remaining portion of the dam has hampered the flow of tidal water into the Sherman Marsh. The Maine Department of Transportation has agreed to restore the salt marsh using a design for the bridge replacement that all parties agreed will provide the best opportunity for maximum restoration. The NRDAR settlement money is for use in restoration activities that are otherwise not required for the bridge repair work.
Fish Passage for Sheepscot River (Department of Marine Resources) $127,500
The project will benefit aquatic species within the Sheepscot River watershed. The Department of Marine Resources has identified high priority projects within the Sheepscot River watershed that will remove barriers to fish passage, improve habitat. and provide more effective fish passage to premier spawning habitat for Atlantic Salmon and other diadromous species (e.g., eels, alewives, sea-run brook trout and brown trout).
Cooper’s Mill Fish Ladder (Department of Marine Resources) $30,000
In November 2007, the town of Whitefield held a special town meeting and voted to repair the Cooper’s Mill dam rather than removing the dam and constructing a rock ramp as originally proposed. In light of the town’s decision, the Trustees modified its support for this project. The Trustees have allocated funds necessary to repair the fish ladder. The Department of Marine Resources is responsible for operations and maintenance of the fish ladder adjacent to the dam. The aging dam will need to be adequately repaired before the funds will be used for repair of the fish ladder. However, currently no federal, public or private funding has been identified for dam repair. Once repaired, the fish ladder will provide for more effective fish passage on the Sheepscot River.
Chewonki Back River Trail system (Chewonki Foundation) $267,000
These funds will acquire a one-third common and undivided interest in 30 acres with three-quarters of a mile frontage on a saltwater pond and the Sheepscot River. This project will complete the link for the Back River Trail which the Chewonki Foundation is currently building from Chewonki Neck, over former Maine Yankee lands, and across the Cushman Mountain Preserve to Birch Point (Mason Station). Although not part of the current project, Chewonki hopes to eventually extend the trail system into the center of Wiscasset.
Monstweag Brook, including land, flowage rights and dam (Chewonki Foundation) $115,000
With transfer of 42 acres associated with 2.9 miles of riparian habitat along Montsweag Brook along with its dam and the utility right of way that extends from the dam to the Maine Yankee site, the Chewonki Back River Trail will offer an opportunity for walking trails to be connected to the Town of Woolwich. This represents one of the important relatively undeveloped corridors in the entire eastern flyway for migratory waterfowl. An assessment will be made for removal of the lower dam on Montsweag Brook to facilitate a potential return of diadromous fish such as eels, alewives and sea run brook trout. A feasibility study to evaluate the potential use of the lower Montsweag Brook as a secondary water supply for the Wiscasset area will also be conducted. Natural drainage to the ocean would result in a more natural watershed that provides public benefits like scenic trails and natural flowing water. The adjacent corridor could be developed into a public walking trail or kept as is.
The Natural Resources Mitigation Fund (Maine Department of Environmental Protection, Army Corps of Engineers, The Nature Conservancy) $120,500
The purpose of this fund is to create an in-lieu fee mitigation program to provide a mechanism to restore, create, enhance or preserve aquatic resources and their associated uplands. The funding is provided for use on projects in Biophysical Region 13 (the Mid-coast area) within the Sheepscot River Watershed that will leverage additional sources of funding. The impact of this program will be the protection of high value environmental conservation areas.
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