Maine

Last week, by remand order of Maine’s Law Court, the Board of Environmental Protection heard oral arguments by attorneys for opponents as well as for Nordic Aquafarms. The question at hand was what impact, if any, did the Supreme Court’s decision regarding Title, Right, and Interest of an intertidal area of land have on the permits awarded to NAF in 2020.

The short answer to that question is none. Furthermore, the Commissioner of the DEP has the sole authority to revoke or suspend permits once they’ve been issued (pursuant to 38 M.R.S. § 342(11-B) and Chapter 2, § 25). Commissioner Loyzim, by request of Nordic Aquafarms as well as Upstream Watch, granted a suspension of the permits in April 2023.

https://www.maine.gov/dep/ftp/projects/nordic/Suspension%20Proceeding/2023-06-21%20Nordic%20Suspension%20Order%20.pdf

Attorney Kim Tucker called for Board member Mr. Pelletier to recuse himself prior to the hearing. In response, he indicated there was no conflict of interest in his role with Stantec, his previous employer, nor was there a relationship of any sort with NAF. Mr. Pelletier is a certified wildlife biologist, wetlands scientist, and professional forester with over 20 years of experience in wildlife ecology. It’s safe to say any input came from the perspective of one with an extensive background in science. 

Given the narrow scope for which the BEP must operate with the remanded case in answering the Law Court’s questions, the statutes were very clear as conveyed by counsel and staff for Dept. of Environmental Protection. The vote to approve the recommended order was unanimous.

Additionally, within the above link, it’s important to note that the suspension order excluded our MEPDES permit. A special condition of the permit requires Nordic Aquafarms to conduct water quality monitoring, and we have the results of two years of study of Belfast Bay. This is a significant amount of information for establishing a good baseline. We are looking forward to sharing those results- stay tuned!

The Little River Trail, which belongs to the City of Belfast, skirts around the Nordic Aquafarms project site along two reservoirs. It is a beautiful hike of up and down terrain and a variety of scenery. You’ll encounter pine-needle trails under tall pines, sections of boardwalk over boggy, fern-covered areas, and plenty of birding opportunities.

It’s a 5-mile trek from one end to the other or it can be done in smaller sections. From the Nordic Aquafarms site, previously owned by the Belfast Water District, there is plenty of parking near the South Trailhead kiosk at the back of the lot. This part of the trail is one mile to the Perkins Rd. crossing (about 45 minutes), and then you can opt to continue for three miles to the next kiosk, located at Walsh Ball Fields on ME-52 (a little over 2 hours). There’s a great big boulder next to the river about halfway down, and a great spot for a snack.

If you are game to tackle the last mile, you’ll need to head across the street and behind the YMCA where the blue blazes will lead you through the community garden. Then, you’ll head over a bridge, around the Troy Howard Middle School, and on through brook crossings and woods trail to arrive at the ME- 3 North Trailhead (45 minutes). By the way, if you love Geocaching, this trail has many!

The trail has been managed by volunteers through the Belfast Bay Watershed Coalition, and this website http://belfastbaywatershed.org/trail-guides.php provides nice references for trail birds and plants. Visitors are welcome every day. We ask that you carry out what you brought with you, be wary of downed trees from the recent storm, and most of all- enjoy the hike!

After a review of the Quiet Title case on intertidal property formerly owned by Janet and Richard Eckrote, Maine’s Supreme Court disagreed with the 2021 Superior Court decision in Nordic’s favor.

The intertidal ownership issue will return to the City of Belfast eminent domain case, which had been stayed pending this Law Court ruling. The intertidal mud flats on which this process is focused, is property now owned by the City.  The plans include Belfast Parks & Recreation having a notable addition of public access to the water.  As a future public park, the Poor-Eckrote legacy will be the City of Belfast’s southernmost access point to the water, offering new possibilities for water recreation. Additionally, the Little River Trail, which had previously been owned by Belfast Water District, will be preserved in perpetuity for future generations.

“This decision today by the law court is disappointing and we are evaluating all options, not least of which is the eminent domain action already taken by the City,” says Brenda Chandler, interim CEO of Nordic Aquafarms. “In addition to more opportunity for water recreation in the Little River area, the Poor-Eckrote land has wonderful potential for becoming a unique area of respite for our community.”

This culmination of public benefit for the greater good of Belfast includes a contribution to the Belfast Water District; a 6-year commitment of 100 million gallons at the applicable rate. Whether or not that amount of water is used, this commitment means the resolution of long-needed upgrades to antique infrastructure, where the cost does not pass on to Belfast’s ratepayers.

When Nordic Aquafarms announced plans to build a land-based aquafarm in 2018, the Belfast community embarked on a journey with us. With every milestone, city event, and classroom visit, the people of Nordic have become an integral part of the community.

On September 1, 2022, Justice Robert Murray ruled in favor of Nordic Aquafarms upholding the project authorizations issued by the City of Belfast and the Bureau of Parks and Lands for the Nordic project.

In September of 2020, the Bureau of Parks and Lands (BPL) granted Nordic the Submerged Lands and Dredging Leases needed for the installation of intake and outfall pipes. Jeffrey Mabee & Judith Grace, Wayne Canning, David Black, and the Maine Lobstering Union appealed the BPL decision in October 2020. Per Justice Murray, the original decision by the BPL was AFFIRMED, and both appeals were DENIED.

In December of 2021, the City of Belfast Planning Board approved all five of the permits required for Nordic’s aquafarm project. Upstream Watch failed to demonstrate that it would suffer any injury from the City permits when it appealed to the Zoning Board of Appeals (ZBA). Justice Murray DISMISSED the entirety of Upstream Watch’s appeal because of its failure to properly appeal to the ZBA.

The facts and reasoning were thoroughly outlined, communicating the history and applicable laws surrounding both cases. “Nordic prevails again, no further permit appeals are pending in Superior Court”, said Brenda Chandler, Interim CEO/CFO.

“In the three years since applications for permits were submitted, we’ve seen them approved on all three levels- city, state, and federal,” continues Chandler. “Our project has been thoroughly vetted by every regulatory, municipal, and judicial body and in every challenge to date, the positive results demonstrate the integrity of our permits and project. Each day brings us closer to the production of ultra-fresh, sustainably raised, healthy seafood and we remain steadfast in our commitment to Belfast.”