Opportunity for Comment

Opportunity to File Written Petition for Leave to Intervene Relating to Searsport Navigation Improvement Project

Comment deadline: August 7, 2015

Notice to the Persons Whose Legal Rights, Duties or Privileges Are at Issue

On May 13, 2015, the Maine Department of Environmental Protection (?Department?) accepted as complete for processing an application submitted by The United States Army Corps of Engineers (USACE) and the Maine Department of Transportation (MEDOT) for the Searsport Navigation Improvement Project. The Water Quality Certification (WQC) and Natural Resource Protection Act (NRPA) permit application?Department Project DEP #L-26487-08-A-N/L-26487-4E-B-N is for the proposed navigation improvement and dredging in Searsport Harbor in Penobscot Bay. The relevant criteria associated with the Department?s review of the application are under the Clean Water Act at 33 U.S.C. §1341 (a) and the Natural Resource Protection Act (NRPA) at 38 M.R.S.A. §§480-A through 480-HH as well as the Department?s rules at 06-096 CMR 310 (?Chapter 310?). By letter dated June 24, 2015, the Commissioner exercised her discretion pursuant to the Department?s Rule Concerning the Processing of Applications and other Administrative Matters (?Chapter 2?), 06-096 CMR 2(7)(B) (last amended August 25, 2013) to hold a public hearing (?hearing?) on the application. On that same day (June 24, 2015), the Commissioner designated Susanne Miller, an employee of the Department, as the Presiding Officer for purposes of carrying out the hearing on the matter. Notice of the hearing date, time, and location will be published at a later date in accordance with the requirements of the Maine Administrative Procedure Act and Department regulations.

Any person desiring to participate as a party to the proceeding must file a written petition for leave to intervene. The petition for leave to intervene must show that the petitioner is or may be substantially and directly affected by the licensing proceeding, or that the petitioner is a federal, state, or local government agency. The Department may, at its discretion, allow other petitioners to intervene as a full or limited party to the proceeding. Interveners should have reasonably specific contentions regarding the subject matter of the hearing and be prepared for and capable of participation in the hearing in order to support such contentions. The petition submitted to the Department must include the information set forth in the Department?s Rules Governing the Conduct of Licensing Hearings (?Chapter 3?), 06-096 CMR 3(11)(A)(1) (last amended March 4, 2013).

Persons granted intervenor status will have the right to offer testimony and evidence and cross-examine the witnesses of other parties. Intervenors will have the responsibility to attend pre-hearing conferences and abide by all procedural orders. Intervenors may be required to file all testimony in writing prior to the hearing for review by the Department, the applicant, and other intervenors. Testimony at the hearing will be limited to the review criteria associated with the application at 33 U.S.C. §1341 (a) and 38 MRSA 480-D and the regulations thereunder, including the Department?s Chapter 310.

Members of the public who wish to testify at the public hearing and/or provide written comments to the Department about the application do not need to petition to intervene in order to do so. A portion of the hearing will be reserved for the purpose of receiving testimony from the general public. The Department will accept written comments from the public during the application review period from now through the close of the hearing. Members of the public who wish to receive notices related to the hearing may ask to be put on an ?interested persons? list, without the need to intervene.

Written petitions for leave to intervene must be received by the Department on or before August 7, 2015 at 5:00 pm. Petitions should be directed to:

By mail:
Susanne Miller, Presiding Officer
Maine Department of Environmental Protection
106 Hogan Road, Suite 6 (Third Floor)
Bangor, ME 04401

Electronically:
Susanne.miller@maine.gov

By hand:
Susanne Miller, Presiding Officer
Maine Department of Environmental Protection
106 Hogan Road, Suite 6 (Third Floor)
Bangor, Maine

Petitions for leave to intervene must be typewritten or printed on white opaque paper 8 ½ by 11 inches in size. The final page must be dated and signed. All petitions must be received by the date and time set forth above at least electronically. If a petition is filed electronically, a signed identical paper version must subsequently be mailed to the Department at the mailing address set forth above and received by the Department within five (5) working days.

Questions regarding petitions to intervene or requests to examine the licensing file associated with DEP #L-26487-08-A-N/L-26487-4E-B-N may be directed to Jim Beyer at the Maine Department of Environmental Protection, 106 Hogan Road, Bangor, Maine 04401, at Jim.R.Beyer@maine.gov or at (207) 446-9026. Application materials are also available to the public at the Department?s website at: http://www.maine.gov/dep/land/nrpa/projects/index.html The Maine statutes referenced herein are available online at http://legislature.maine.gov/legis/statutes/ and Chapters 2, 3and 310 of the Department?s regulations are available online at http://www.maine.gov/sos/cec/rules/06/chaps06.htm