Q_A_Addendum_1_0002.pdf

Project:

Rachel Carson Multipurpose Facility 188 Brown Street Kennebunk, ME 04043

1.) There are door hardware items spec’d that do not fall under Buy American. Should we carry the hardware as spec’d at this point and exclude Buy American?

Response: The Door Hardware specification includes products from companies with products that comply with Buy American Act including, Allegion, Sargent, Hager, and Dorma. The Buy American Act does apply to this project.

2.) Tags:

a. All 60-minute rated Tags vary in required material and finish. Should all of the 60-minute rated openings be receiving the Fire Frames – Timberline Series frames?

Response: Only door 102 will receive Fire Frame Timberline Series, with 120-minute fire rating for the frame and window, and 90-minute fire rating for the door.

Other openings will receive fire-rated stile and rail wood doors and fire-rated wood door frames as described in specification section 081433.

b. Tag 104 is an exterior opening that is scheduled as a wood door and wood frame.

Should this door and frame be quoted as fiberglass?

Response: Exterior doors S05A, 104, and 122 should be updated to fiberglass doors (type F) and fiberglass frames.

3.) Drawings AE101, AE103 & AE106 have a Section designation for Drawing A222 and AE222. I cannot find this drawing. Does it exist?

Response: A222 should read ‘AE222’ and A221 should read ‘AE221’.

4.) Drawings AE701 Partial Basement Reflected Ceiling Plan North, Storage Room 008, is indicating open structure above but Keynote #1 indicates acoustical tile. Please clarify.

Response: Storage Room 008 will be open to structure above – keynote 1 should be removed from Storage Room 008.

5.) There is a lot of mention about the mockup. Can you please clarify the extent required?

Response: Mockups may be constructed in place and become part of the final construction assembly once reviewed and approved by the Contracting Officer and Architect.

a. Will an onsite building be the location of the mockup?

Response: Please refer to response #5.

b. Volume #1 of the specifications on page 88 indicated that the Lab mockup to be constructed at the testing facility, please clarify where that would be or if this is needed?

Response: Laboratory mockups will not be required.

c. Exterior mockup consists of multiple products assemblies and sub-assemblies, please clarify the limits. Some of these products will be exposed to the weather.

Response: Please refer to response #5. To minimize weather exposure of assemblies, provide appropriate notification to Contracting Officer and Architect for mockup review.

d. Room mockup to include all finishes (how will weather protection be accomplished?)

Response: Please refer to response #5. Room finish mockup may be located inside.

e. Specification Section 086300 page 589 indicates that a mockup of the skylight will be required. Will a separate skylight be required just for the mockup? If we are proceeding with approved submittals for the requested skylight would any change at that point, be just part of the quality control process? Is a mockup necessary? Please clarify.

Response: Please refer to response #5. A separate skylight mockup will not be required.

6.) Meeting Room 017 shown on Drawing AE102 shows 3 windows and Door 017A. Please confirm these are existing with no work required.

Response: Door 017A and windows in meeting Room 017 are existing with no work required.

7.) Drawing AE620 Window Types is showing a window C8 but I have not been able to locate this window on the project. Can you clarify if this window is being used?

Response: Window types C8 and C9 are part of the C6 aluminum clad wood window system, located at the ends and rotated 90 degrees at the building corner.

8.) We respectfully request the schedule to be changed from 5 to 10 pages. Please Confirm Response: Request considered and page limitation for Sub-factor 2, Proposed Progress Schedule, remains at 5 pages.

9.) Is there a Masonry Cleaning & Restoration Specification?

Response: A masonry cleaning & restoration specification is not included.

10.) Drawing C-001 Civil Notes & Legends Civil Notes paragraph 6 - Has the "Stormwater Permit" been obtained?

Response: Yes, a copy of the Maine DEP Stormwater Permit is attached.

11.) On page 32 of the RFP reads “please submit proposal in three volumes reflecting the factors listed in Section M. Each Factor and/or subfactor will be submitted with a maximum of four pages.” Can the government increase the page counts for The project work plan to at least 15 pages since the other subfactors include their page limitations?

Response: Sub factor 1 is set at a maximum of four pages. Pages are limited to four unless otherwise stated in section M.

Specifically note in Section M:

Sub factor 2 is limited to five pages.

Sub factor 3a is limited to five pages and 3b is limited to three pages for each Key Person.

12.) Subfactor 2: Proposed Progress Schedule: in addition to the project schedule, and our approach to scheduling related to the challenges associated with the current volatile market and development of submittal and procurement of materials, does the government what text on our management approach?

Response: Yes, management approach is requested. Sub-factor 2 states "The offeror shall provide a Proposed Progress Schedule, limited to five (5) pages, which describes its management approach, construction approach, and the ability to schedule and manage the partial demolition and renovation of an existing historically sensitive building and construction of a new addition and site work at the Rachel Carson NWR."

Note regarding bid due date: The July 6, 2023 due date will not be extended. The July 4th Holiday was considered when selecting this date.

STATE OF MAINE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017

DEPARTMENT ORDER

IN THE MATTER OF

U.S. FISH AND WILDLIFE SERVICE ) STORMWATER MANAGEMENT LAW

Kennebunk, York County )

MULTI-PURPOSE FACILITY )

L-29826-NJ-A-N (Approval) ) FINDINGS OF FACT AND ORDER

Pursuant to the provisions of 38 M.R.S. § 420-D, and Chapters 500 and 502 (06-096 C.M.R.

Chap. 500 and 502, last amended August 12, 2015) of the Department’s Regulations, the

Department of Environmental Protection (Department) has considered the application of U.S.

FISH AND WILDLIFE SERVICE (applicant) with the supportive data, agency review comments, and other related materials on file and FINDS THE FOLLOWING FACTS:

1. PROJECT DESCRIPTION:

A. Summary: The applicant proposes to construct a stormwater management system for the conversion of an existing residential property into a multi-purpose facility as a visitor contact station and administrative offices for the Rachel Carson National Wildlife

Refuge. The proposed project includes a parking lot with 78 parking spaces plus four larger parking spaces for buses or recreational vehicles, additional access drives, a unit paver parking area expansion, a building expansion, additional walkways, and 135 feet by 70 feet fenced in lawn area with solar panels. The proposed project will have 1.64 acres of developed area, of which 1.16 acres is impervious area. The project is detailed on a set of plans the first of which is titled “U.S. Fish and Wildlife Service Multipurpose

Facility, Rachel Carson National Wildlife Refuge, Kennebunk, Maine,” stamped by

Maine professional engineer #8093, Paul J. Miller, and dated February 16, 2022, with a latest revision date on any of the sheets of June 28, 2022. The project site is located at

188 Brown Street in the Town of Kennebunk.

B. Current Use of the Site: The site of the proposed project is currently partially developed with a large single-family home that was constructed in the 1950s, a small cottage, a small, detached garage, a large, detached garage, a driveway, approximately

0.3 acres vehicle circulation and parking areas with unit pavers surface, several acres of lawn with mature landscaping, approximately 4.2 acres of meadow and the remaining areas are forested. There is a dam on the property that includes a covered pedestrian walkway on it that creates a freshwater pond in Fernald Brook on the south side of the lawn area. The brook below the dam is tidal and is a tributary to the Mousam River.

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2. STORMWATER STANDARDS:

The proposed project includes approximately 1.64 acres of developed area, of which 1.16 acres is impervious area. It lies within the watershed of Fernald Brook and the tidal section of the Mousam River. The applicant submitted a stormwater management plan based on the Basic and General Standards contained in Department Rules, Chapter 500.

The proposed stormwater management system consists of four grassed underdrained soil filters and one bioretention filter.

A. Basic Standards:

(1) Erosion and Sedimentation Control: The applicant submitted an Erosion and

Sedimentation Control Plan that is based on the performance standards contained in

Appendix A of Chapter 500 and the Best Management Practices outlined in the Maine

Erosion and Sediment Control BMPs, which were developed by the Department. This plan and plan sheets containing erosion control details were reviewed by, and revised in response to the comments of, the Bureau of Land Resources (BLR).

Erosion control details will be included on the final construction plans and the erosion control narrative will be included in the project specifications to be provided to the construction contractor.

(2) Inspection and Maintenance: The applicant submitted a maintenance plan that addresses both short and long-term maintenance requirements. The maintenance plan is based on the standards contained in Appendix B of Chapter 500. This plan was reviewed by and revised in response to the comments of the BLR. The applicant will be responsible for the maintenance of the stormwater management system.

Grit, sediment, and other materials removed from stormwater structures during maintenance activities must be disposed of in compliance with the Maine Solid Waste

Management Rules.

(3) Housekeeping: The proposed project will comply with the performance standards outlined in Appendix C of Chapter 500.

Based on BLR’s review of the erosion and sedimentation control plan and the maintenance plan, the Department finds that the proposed project meets the Basic

Standards contained in Chapter 500(4)(B) provided that grit, sediment, and other materials removed from stormwater structures during maintenance activities must be disposed of in compliance with the Maine Solid Waste Management Rules.

B. General Standards:

The applicant’s stormwater management plan includes general treatment measures that will mitigate for the increased frequency and duration of channel erosive flows due to runoff from smaller storms, provide for effective treatment of pollutants in stormwater, L-29826-NJ-A-N Page 3 of 6 and mitigate potential thermal impacts. The proposed project is a redevelopment project.

The applicant calculated the ranked impact change due to redevelopment as 0.43 as detailed under Chapter 500, § 4(C)(2)(d). Based on this ranked impact change due to redevelopment, 60 percent of the developed area must be provided with treatment of the stormwater runoff based on Table 3 of Chapter 500. The applicant’s stormwater management plan includes general treatment measures that will mitigate for the increased frequency and duration of channel erosive flows due to runoff from smaller storms, provide for effective treatment of pollutants in stormwater, and mitigate potential thermal impacts. This mitigation is being achieved by using Best Management Practices that will treat runoff from 66 percent of the developed area.

The stormwater management system proposed by the applicant was reviewed by and revised in response to comments from the BLR. After a final review, the BLR commented that the proposed stormwater management system is designed in accordance with the Chapter 500 General Standards and recommended that the applicant’s design engineer or other qualified professional oversee the construction of the underdrained soil filters and to ensure that they are installed in accordance with the details and notes specified on the approved plans. Within 30 days from completion of the entire system or if the project takes more than one year to complete, at least once per year, the applicant must submit a log of inspection reports detailing the items inspected, photographs taken, and the dates of each inspection to the BLR for review.

Based on the stormwater system’s design and BLR’s review, the Department finds that the applicant has made adequate provision to ensure that the proposed project will meet the Chapter 500 Basic and General Standards provided that construction oversight of the stormwater BMPs must be provided and reported as described above.

BASED on the above findings of fact, and subject to the conditions listed below, the Department makes the following conclusions pursuant to 38 M.R.S. § 420-D, and Chapters 500 of the

Department’s Regulations:

A. The applicant has made adequate provision to ensure that the proposed project will meet the Chapter 500 Basic Standards for: (1) erosion and sediment control; (2) inspection and maintenance; (3) housekeeping; and (4) grading and construction activity provided that grit, sediment, and other materials removed from stormwater structures during maintenance activities is disposed of in compliance with the Maine Solid Waste

Management Rules.

B. The applicant has made adequate provision to ensure that the proposed project will meet the Chapter 500 General Standards provided that the applicant’s design engineer or other qualified professional oversees the construction of the underdrained soil filters and ensures that they are installed in accordance with the details and notes specified on the approved plans, and that within 30 days from completion of the entire system or if the project takes more than one year to complete, at least once per year, the applicant submits a log of inspection reports detailing the items inspected, photographs taken, and the dates of each inspection to the BLR for review.

L-29826-NJ-A-N Page 4 of 6

FILED

July 13th, 2022

State of Maine

Board of Environmental Protection

THEREFORE, the Department APPROVES the above noted application of U.S. FISH AND

WILDLIFE SERVICE to construct a stormwater management system for the proposed multi-purpose facility as described herein, SUBJECT TO THE FOLLOWING CONDITIONS, and all applicable standards and regulations:

1. The Standard Conditions of Approval, a copy attached.

2. In addition to any specific erosion control measures described in this order, the applicant shall take all necessary actions to ensure that its activities or those of its agents do not result in noticeable erosion of soils or fugitive dust emissions on the site during the construction and operation of the project covered by this approval.

3. Severability. The invalidity or unenforceability of any provision, or part thereof, of this

License shall not affect the remainder of the provision or any other provisions. This

License shall be construed and enforced in all respects as if such invalid or unenforceable provision or part thereof had been omitted.

4. Grit, sediment, and other materials removed from stormwater control structures shall be disposed of in compliance with the Maine Solid Waste Management Rules.

5. The applicant shall retain the design engineer or other qualified professional to oversee the construction of the stormwater management structures according to the details and notes specified on the approved plans. Within 30 days of completion of the entire system or if the project takes more than one year to complete, at least once per year, the applicant shall submit a log of inspection reports detailing the items inspected, photographs taken, and dates of each inspection to the BLR for review.

THIS APPROVAL DOES NOT CONSTITUTE OR SUBSTITUTE FOR ANY OTHER

REQUIRED STATE, FEDERAL OR LOCAL APPROVALS NOR DOES IT VERIFY

COMPLIANCE WITH ANY APPLICABLE SHORELAND ZONING ORDINANCES.

DONE AND DATED IN AUGUSTA, MAINE, THIS 12th DAY OF JULY 2022.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BY: ________

For: Melanie Loyzim, Commissioner

PLEASE NOTE THE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES.

CGW/L29826AN/ATS#89311

L-29826-NJ-A-N Page 5 of 6

STORMWATER STANDARD CONDITIONS

STRICT CONFORMANCE WITH THE STANDARD AND SPECIAL CONDITIONS

OF THIS APPROVAL IS NECESSARY FOR THE PROJECT TO MEET THE STATUTORY

CRITERIA FOR APPROVAL

Standard conditions of approval. Unless otherwise specifically stated in the approval, a department approval is subject to the following standard conditions pursuant to Chapter 500 Stormwater Management

Law.

(1) Approval of variations from plans. The granting of this approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the permittee. Any variation from these plans, proposals, and supporting documents must be reviewed and approved by the department prior to implementation. Any variation undertaken without approval of the department is in violation of 38 M.R.S. §420-D(8) and is subject to penalties under 38 M.R.S. §349.

(2) Compliance with all terms and conditions of approval. The applicant shall submit all reports and information requested by the department demonstrating that the applicant has complied or will comply with all terms and conditions of this approval. All preconstruction terms and conditions must be met before construction begins.

(3) Advertising. Advertising relating to matters included in this application may not refer to this approval unless it notes that the approval has been granted WITH CONDITIONS, and indicates where copies of those conditions may be obtained.

(4) Transfer of project. Unless otherwise provided in this approval, the applicant may not sell, lease, assign, or otherwise transfer the project or any portion thereof without written approval by the department where the purpose or consequence of the transfer is to transfer any of the obligations of the developer as incorporated in this approval. Such approval may only be granted if the applicant or transferee demonstrates to the department that the transferee agrees to comply with conditions of this approval and the proposals and plans contained in the application and supporting documents submitted by the applicant. Approval of a transfer of the permit must be applied for no later than two weeks after any transfer of property subject to the license.

(5) Time frame for approvals. If the construction or operation of the activity is not begun within four years, this approval shall lapse and the applicant shall reapply to the department for a new approval.

The applicant may not begin construction or operation of the project until a new approval is granted.

A reapplication for approval may include information submitted in the initial application by reference. This approval, if construction is begun within the four-year time frame, is valid for seven years. If construction is not completed within the seven-year time frame, the applicant must reapply for, and receive, approval prior to continuing construction.

(6) Certification. Contracts must specify that "all work is to comply with the conditions of the

Stormwater Permit." Work done by a contractor or subcontractor pursuant to this approval may not begin before the contractor and any subcontractors have been shown a copy of this approval with the conditions by the permittee, and the permittee and each contractor and subcontractor has certified, on a form provided by the department, that the approval and conditions have been received and read, and that the work will be carried out in accordance with the approval and conditions. Completed certification forms must be forwarded to the department.

L-29826-NJ-A-N Page 6 of 6

(7) Maintenance. The components of the stormwater management system must be adequately maintained to ensure that the system operates as designed, and as approved by the Department. If maintenance responsibility is to be transferred from the permittee to another entity, a transfer request must be filed with the Department which includes the name and contact information for the person or entity responsible for this maintenance. The form must be signed by the responsible person or agent of the responsible entity.

(8) Recertification requirement. Within three months of the expiration of each five-year interval from the date of issuance of the permit, the permittee shall certify the following to the department.

(a) All areas of the project site have been inspected for areas of erosion, and appropriate steps have been taken to permanently stabilize these areas.

(b) All aspects of the stormwater control system are operating as approved, have been inspected for damage, wear, and malfunction, and appropriate steps have been taken to repair or replace the system, or portions of the system, as necessary.

(c) The stormwater maintenance plan for the site is being implemented as approved by the

Department, and the maintenance log is being maintained.

(d) All proprietary systems have been maintained according to the manufacturer’s recommendations. Where required by the Department, the permittee shall execute a 5-year maintenance contract with a qualified professional for the coming 5-year interval. The maintenance contract must include provisions for routine inspections, cleaning and general maintenance.

(e) The Department may waive some or all of these recertification requirements on a case-by-case basis for permittees subject to the Department’s Multi-Sector General Permit (“MSGP”) and/or Maine Pollutant Discharge Elimination System (“MEPDES”) programs where it is demonstrated that these programs are providing stormwater control that is at least as effective as required pursuant to this Chapter.

(9) Transfer of property subject to the license. If any portion of the property subject to the license containing areas of flow or areas that are flooded are transferred to a new property owner, restrictive covenants protecting these areas must be included in any deeds or leases, and recorded at the appropriate county registry of deeds. Also, in all transfers of such areas and areas containing parts of the stormwater management system, deed restrictions must be included making the property transfer subject to all applicable terms and conditions of the permit. These terms and conditions must be incorporated by specific and prominent reference to the permit in the deed. All transfers must include in the restrictions the requirement that any subsequent transfer must specifically include the same restrictions unless their removal or modification is approved by the Department.

These restrictions must be written to be enforceable by the Department, and must reference the permit number.

(10) Severability. The invalidity or unenforceability of any provision, or part thereof, of this permit shall not affect the remainder of the provision or any other provisions. This permit shall be construed and enforced in all respects as if such invalid or unenforceable provision or part thereof had been omitted.

November 16, 2005 (revised August 15, 2015)

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DEP INFORMATION SHEET

Appealing a Department Licensing Decision

Dated: August 2021 Contact: (207) 314-1458

SUMMARY

This document provides information regarding a person’s rights and obligations in filing an administrative or judicial appeal of a licensing decision made by the Department of Environmental Protection’s (DEP)

Commissioner.

Except as provided below, there are two methods available to an aggrieved person seeking to appeal a licensing decision made by the DEP Commissioner: (1) an administrative process before the Board of Environmental

Protection (Board); or (2) a judicial process before Maine’s Superior Court. An aggrieved person seeking review of a licensing decision over which the Board had original jurisdiction may seek judicial review in Maine’s

Superior Court.

A judicial appeal of final action by the Commissioner or the Board regarding an application for an expedited wind energy development (35-A M.R.S. § 3451(4)) or a general permit for an offshore wind energy demonstration project (38 M.R.S. § 480-HH(1)) or a general permit for a tidal energy demonstration project

(38 M.R.S. § 636-A) must be taken to the Supreme Judicial Court sitting as the Law Court.

I. ADMINISTRATIVE APPEALS TO THE BOARD

LEGAL REFERENCES

A person filing an appeal with the Board should review Organization and Powers, 38 M.R.S. §§ 341-D(4) and 346; the Maine Administrative Procedure Act, 5 M.R.S. § 11001; and the DEP’s Rule Concerning the

Processing of Applications and Other Administrative Matters (Chapter 2), 06-096 C.M.R. ch. 2.

DEADLINE TO SUBMIT AN APPEAL TO THE BOARD

Not more than 30 days following the filing of a license decision by the Commissioner with the Board, an aggrieved person may appeal to the Board for review of the Commissioner’s decision. The filing of an appeal with the Board, in care of the Board Clerk, is complete when the Board receives the submission by the close of business on the due date (5:00 p.m. on the 30th calendar day from which the Commissioner’s decision was filed with the Board, as determined by the received time stamp on the document or electronic mail). Appeals filed after 5:00 p.m. on the 30th calendar day from which the Commissioner's decision was filed with the Board will be dismissed as untimely, absent a showing of good cause.

HOW TO SUBMIT AN APPEAL TO THE BOARD

An appeal to the Board may be submitted via postal mail or electronic mail and must contain all signatures and required appeal contents. An electronic filing must contain the scanned original signature of the appellant(s). The appeal documents must be sent to the following address.

Chair, Board of Environmental Protection c/o Board Clerk

17 State House Station

Augusta, ME 04333-0017 ruth.a.burke@maine.gov http://legislature.maine.gov/statutes/35-A/title35-Ach34-Asec0.html http://legislature.maine.gov/statutes/38/title38sec480-HH.html http://legislature.maine.gov/statutes/38/title38sec636-A.html http://legislature.maine.gov/statutes/38/title38sec341-D.html http://legislature.maine.gov/statutes/38/title38sec346.html http://legislature.maine.gov/statutes/5/title5sec11001.html https://www.maine.gov/sos/cec/rules/06/chaps06.htm https://www.maine.gov/sos/cec/rules/06/chaps06.htm mailto:ruth.a.burke@maine.gov

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The DEP may also request the submittal of the original signed paper appeal documents when the appeal is filed electronically. The risk of material not being received in a timely manner is on the sender, regardless of the method used.

At the time an appeal is filed with the Board, the appellant must send a copy of the appeal to: (1) the

Commissioner of the DEP (Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017); (2) the licensee; and if a hearing was held on the application, (3) any intervenors in that hearing proceeding. Please contact the DEP at 207-287-7688 with questions or for contact information regarding a specific licensing decision.

REQUIRED APPEAL CONTENTS

A complete appeal must contain the following information at the time the appeal is submitted.

1. Aggrieved status. The appeal must explain how the appellant has standing to bring the appeal. This requires an explanation of how the appellant may suffer a particularized injury as a result of the

Commissioner’s decision.

2. The findings, conclusions, or conditions objected to or believed to be in error. The appeal must identify the specific findings of fact, conclusions of law, license conditions, or other aspects of the written license decision or of the license review process that the appellant objects to or believes to be in error.

3. The basis of the objections or challenge. For the objections identified in Item #2, the appeal must state why the appellant believes that the license decision is incorrect and should be modified or reversed. If possible, the appeal should cite specific evidence in the record or specific licensing criteria that the appellant believes were not properly considered or fully addressed.

4. The remedy sought. This can range from reversal of the Commissioner's decision on the license to changes in specific license conditions.

5. All the matters to be contested. The Board will limit its consideration to those matters specifically raised in the written notice of appeal.

6. Request for hearing. If the appellant wishes the Board to hold a public hearing on the appeal, a request for hearing must be filed as part of the notice of appeal, and it must include an offer of proof regarding the testimony and other evidence that would be presented at the hearing. The offer of proof must consist of a statement of the substance of the evidence, its relevance to the issues on appeal, and whether any witnesses would testify. The Board will hear the arguments in favor of and in opposition to a hearing on the appeal and the presentations on the merits of an appeal at a regularly scheduled meeting. If the

Board decides to hold a public hearing on an appeal, that hearing will then be scheduled for a later date.

7. New or additional evidence to be offered. If an appellant wants to provide evidence not previously provided to DEP staff during the DEP’s review of the application, the request and the proposed supplemental evidence must be submitted with the appeal. The Board may allow new or additional evidence to be considered in an appeal only under limited circumstances. The proposed supplemental evidence must be relevant and material, and (a) the person seeking to add information to the record must show due diligence in bringing the evidence to the DEP’s attention at the earliest possible time in the licensing process; or (b) the evidence itself must be newly discovered and therefore unable to have been presented earlier in the process. Requirements for supplemental evidence are set forth in Chapter 2 § 24.

OTHER CONSIDERATIONS IN APPEALING A DECISION TO THE BOARD

1. Be familiar with all relevant material in the DEP record. A license application file is public information, subject to any applicable statutory exceptions, and is made accessible by the DEP. Upon request, the DEP will make application materials available to review and photocopy during normal working hours. There may be a charge for copies or copying services.

https://www.maine.gov/sos/cec/rules/06/chaps06.htm

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2. Be familiar with the regulations and laws under which the application was processed, and the procedural rules governing the appeal. DEP staff will provide this information upon request and answer general questions regarding the appeal process.

3. The filing of an appeal does not operate as a stay to any decision. If a license has been granted and it has been appealed, the license normally remains in effect pending the processing of the appeal. Unless a stay of the decision is requested and granted, a licensee may proceed with a project pending the outcome of an appeal, but the licensee runs the risk of the decision being reversed or modified as a result of the appeal.

WHAT TO EXPECT ONCE YOU FILE A TIMELY APPEAL WITH THE BOARD

The Board will acknowledge receipt of an appeal, and it will provide the name of the DEP project manager assigned to the specific appeal. The notice of appeal, any materials admitted by the Board as supplementary evidence, any materials admitted in response to the appeal, relevant excerpts from the DEP’s administrative record for the application, and the DEP staff’s recommendation, in the form of a proposed Board Order, will be provided to Board members. The appellant, the licensee, and parties of record are notified in advance of the date set for the Board’s consideration of an appeal or request for a hearing. The appellant and the licensee will have an opportunity to address the Board at the Board meeting. The Board will decide whether to hold a hearing on appeal when one is requested before deciding the merits of the appeal. The Board’s decision on appeal may be to affirm all or part, affirm with conditions, order a hearing to be held as expeditiously as possible, reverse all or part of the decision of the Commissioner, or remand the matter to the Commissioner for further proceedings. The Board will notify the appellant, the licensee, and parties of record of its decision on appeal.

II. JUDICIAL APPEALS

Maine law generally allows aggrieved persons to appeal final Commissioner or Board licensing decisions to Maine’s Superior Court (see 38 M.R.S. § 346(1); 06-096 C.M.R. ch. 2; 5 M.R.S. § 11001; and M.R. Civ.

P. 80C). A party’s appeal must be filed with the Superior Court within 30 days of receipt of notice of the

Board’s or the Commissioner’s decision. For any other person, an appeal must be filed within 40 days of the date the decision was rendered. An appeal to court of a license decision regarding an expedited wind energy development, a general permit for an offshore wind energy demonstration project, or a general permit for a tidal energy demonstration project may only be taken directly to the Maine Supreme Judicial Court. See 38

M.R.S. § 346(4).

Maine’s Administrative Procedure Act, DEP statutes governing a particular matter, and the Maine Rules of

Civil Procedure must be consulted for the substantive and procedural details applicable to judicial appeals.

ADDITIONAL INFORMATION

If you have questions or need additional information on the appeal process, for administrative appeals contact the Board Clerk at 207-287-2811 or the Board Executive Analyst at 207-314-1458 bill.hinkel@maine.gov, or for judicial appeals contact the court clerk’s office in which the appeal will be filed.

Note: This information sheet, in conjunction with a review of the statutory and regulatory provisions referred to herein, is provided to help a person to understand their rights and obligations in filing an administrative or judicial appeal. The DEP provides this information sheet for general guidance only; it is not intended for use as a legal reference. Maine law governs an appellant’s rights.

http://legislature.maine.gov/statutes/38/title38sec346.html http://legislature.maine.gov/statutes/5/title5sec11001.html mailto:bill.hinkel@maine.gov