HomeMy WebLinkAbout1999-03-22 99-131 ORDERCOUICIL ACTION _
Date: March 22 1999
Item No. 99=131
Item/subject: Authorizing Grant Application to the U.S. Environmental
Protection Agency - Brownfield's Assessment Demonstration
Pilot Program
Responsible Department Community A Economic Development
This order would authorize the City Manager to apply to the Environmental Protection
Agency for $100,000 in grant funds to undertake ans smant of the problems created
by coal tar deposits in the Penobscot River, andfor planning and design of site
cleanup. A complete environmental s
assessment will be helpful, if not necessary, in
moving the dredging process forward.
neper tment xe d
danger's Comments:
Budget Approval: -
Legal Approval:
Kl ` D
PinanC Director
94 ftt
City Solicitor
Introduced For JK -Passage g First Reading ❑ Referral
Page 1 of 1
jjjw
City
`
Manager
Associated
InYormatlon QA
Budget Approval: -
Legal Approval:
Kl ` D
PinanC Director
94 ftt
City Solicitor
Introduced For JK -Passage g First Reading ❑ Referral
Page 1 of 1
(TITLE) Mrl
Anignell to C,u!ncilor Avbe Rarch 22. 1999
CITY OF BANGOR
AuthorrAng Great Applicationto the U.S. Environmental Protection
Agency - Brownfield's Assessment Demonstration Pilot Program
By Cita Oamol effAe CAV gflldp )
ORDERED,
MT WHEREAS the City has taken the necessary steps to imitate a feasibility
study of navigation improvements and dredging ofthe Penobscot River necessary to
maintain and improve the flow of goods to the Bangor region; and
WHEREAS, the City has periodically reviewed and discussed the problems
created by mal tar deposits in the Penobscot River adjacent to and near the Bangor
Harbor, and
WHEREAS; the U.S. Environmental Protection Agency (EPA) has made
available grants to assist communities assess, safely cleanup and promote the sustainable
reuse ofbrosmfields ander the Brownfields Economic Redevelopment Assessment
Demonstration Pilot program; and
WHEREAS, these grants can be used for activities preliminary to cleanup
such as site assessment, site clumnarvention and/or site cleanup planning and design; and
WHEREAS, grant funds would enable the City to undertake the steps
necessary to perform a site assessmerA, site chamcteriration and site cleanup plamung
and design for the Penobscot River,
NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF BANGOR THAT, the City Manager is hereby authorized to submit an
application to the Environmental Protection Agency for a Brownfields Economic
Redevelopment Assessment Demonstration Pilot grant, a copy of which is on file in the
Office of the City Clerk, to provide such additional information as may be requested by
EPA, and upon grant approval, to take all necessary actions and execute such documents
as may be necessary to receive and disburse such funds in accordance with grant
..guidelines.
IN CITY COO n
!larch 22. 1999
passed
99-131
ORDER
Title. Antho ioE Stant Application to
the O.S. Eav tal Protection Ageocy-
Sro n ield'n Aasesament Deaonstration i
roar.p[oBrin.........................
......................... .........
G
Arigned 1p
Councilman
99-131
Assigned to Councilor February 22, 1999
CITY OF BANGOR
Authorizing Grant Application to the U.S. Envrromnental Protection
(TITLE.) (®rber, .... ._... --- ....... _. __...
Agency - Brownfield'a Assessment Demonstration Pilot Program
By tea City Coaxil of W City ofBaayor:
ORDERED,
THAT WHEREAS the City has taken the necessary steps to initiate a feasibility
study of navigation improvements and dredging of the Penobscot River necessary to
maintain and improve the flow of goods to the Bangor region; and
WHEREAS, the City has periodically reviewed and discussed the problems
created by coal tar deposits in the Penobscot River adjacent to and near the Bangor
Harbor; and
WHEREAS the U.S. Environmental Protection Agency (EPA) has made
available grants of up to $200,000 to assist communities assess, safely cleanup and
promote the sustainable reuse ofbrownfields under the Brownfields Economic
Redevelopment Assessment Demonstration Pilot program; and
WHEREAS these grants can be used for activities preliminary to cleanup such
as site assessment; site characterization and/or site cleanup planning and design; and
WHEREAS grant funds would enable the City to undertake the steps
necessary to perform a site assessment, site characterization and site cleanup planning
and design for the Penobscot River; and
WHEREAS the application deadline is March 22, 1999;
NOW THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF BANGOR THAT, the City Manager is hereby authorized to submit an
application to the Envimmnental Protection Agency for a Brownfields Economic
Redevelopment Assessment Demonstration Pilot grant, a copy of which is on file in the
Office of the City Clerk, to provide such additional information as may be requested by
EPA, and upon grant approval, to rake all necessary actions and execute such documents
as may be necessary In receive and disburse such funds in accordance with grant
guidelines.
`+
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
?A
REGION 1
pg e
Jg N F. KENNEDY FEDERAL BUILDING
F �
BOSTON. MASSACHUSETTS 02203 Wit
February 26, 1999
Mayor Joseph M. Baldacci
City Hall
73 Harlow Street
Bangor, ME 04401
Dear Mayor Baldwci:
I two writing to let you know of a grant opportunity that may assist your city's growth planning
On Febmary, 2, EPA -New England announced our Livable CommuninevSmart Growth Action
Find. With the assistance of environmental, business, and public sector leaders, we are pursuing a
strategy designed to achieve sustainable economic development, a healthy environment, and a
high quality of life for New Englanders. A full copy of the plan is enclosed for your review.
One of the cornerstones of our Action Plan is our Brownfields program. By redeveloping
brownfields rather than greeN'telds, communities are often able to increase economic growth
while preserving and enhancing town centers and maintaining open space.
Through our Brownfield program, EPA has made available, grants of up to $200,000 to assist
continuities ities assess, safely cleanup and promote the sustainable reuse ofbrownields. These
grants can be used for activities preliminary to cleanup such as site assessment, site
characterization and/or site cleanup planning and design. Enclosed is a package of information
including a fact sheet, application guidelines and success stories. 73kooglySA`cpuvg"e yai fd 7•
review thepackage pnd apply faFthis gaii[7The grant application deadline is March 22.
If you have any questions about EPA -New England's Livable Communines/Smort Growth Action
Plan you may call Paula Fitodmmons, Associate Director for Policy, at (617) 918-1204. If you
have any questions about applying for a browrlfelds grant you may call John Podgurski,
Brownfelds Coordinator at (617) 918-1209.
We look forward to working with you.
Sincerely,
Iter! IN i ) �/`• .
John P. DeVillars
Administrator
Interna AWrezc luRL1. nnyflwmr.WIWI
W.res n..vnmi..0VwIdaOs NOdI.u. 11 vegGa eco• tatuinm asn wwXwtIw
CITU OF
MAINE e<norea aMAMCsw+os
E%E(xInvE DWAfRMEM -4400
Edward A. Barth, i4aroper
March 22, 1999
U. S. Environmental Protection Agency
OSWER Oumeach and Special Projects SUIT (5 101)
401 M Street, SW
Room SE 385
Washington, DC 20460
Dear Sir:
Enclosed is the City of Bangor, Maine's application for assistance under the Brownfields
Assessment Demonstration Pilots program of the Brownfields Economic Redevelopment
Initiative. The requested assistance is in the amount of $2011,000 over two years.
The assistance requested is to enable the City to move forward with the assessment of coal tar
deposits in Bangor Harbor in the Penobscot River, and to develop a mitigation plan to
eliminate or substantially reduce Lie migration of coal tar globules and slicks on the water's
surface during the warmest weeks of summer. This continuing condition contaminates shore
lands, piers, bulkheads, and vessels with a foul smelling, hard -to -remove, toxics-conaining
black sticky on. The presence of [Itis material inhibits growth of pleasure boating, deters
redevelopment of shore lands, endangers river fisheries, and makes the river unsuitable for
aquatic recreation.
An analysis of a coal for sample taken from Bangor Harbor by the Maine Department of
Environmental Prediction, Table 3 of dre department's 7/30/98 "Final Assessment Report
Penobscot River Project", is atacbed to this letter. The analysis indicated significant levels of
six metals including heavy meals, six volatile organic compounds, 19 send volatile organic
compounds, petroleum hydrocarbons, and cyanide. Coal tar is not friendly to humans or tlse
=rural envlromm nt.
Bangor's economic strategy for the early 21st century depends heavily on the growth of the
tourism and visitor sector of the economy. The Penobscot River is Bangor's greatest and most
visible natural attraction. An effective coal tar mitigation process is essential to the successful
implementation of me City's economic strategy. Available local and State of Maine funds
have been committed to actions to implement the tourism/visitor strategy. There are
insufficient funds to complete the investigation of the coal tm deposit(s) and the preparation of
a mitigation plan. EPA funds are requested to assist with this effort. Once the mitigation plan
is available, complete with a detail methodology, and cost estimate, we are confdem that some
combination of government and private fund; can be sensed to implement the mitigation plan.
Thank yen for your favorable consideration of this application for assistance. Application of
FPA funds to this project will idemify an effective investigative methodology, and useful
mitigation tecMiques which my be used in numerous cases of coal tar contamination of
submeargM lands at the sites of coal tar -based fuel gas manufacturing facilities which were
supplied with coal by waterborne vessels during the late loth and early 20th centuries.
Sincerely
Edward A. Ba exit
City Manager
Attachment: Table 3
EAB/sem
99-131
Table 3
Results bltlu Coal Tal Dea l Seal (11-07)
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APPLICATION FOR FUNDS
BROWNFIELDS ASSESSMENT
DEMONSTRATION PILOTS
From
U. S. ENVIRONMENTAL PROTECTION AGENCY
By
CITY OF BANGOR, MAINE
MARCH 22, ]999
99-131
Cover Page
1
Project Area Map
2
Project Overview
3-4
Budget
5
Responses to Evaluation Criteria
6- 15
Attachments: Letters of support
Maine Dept. of Envir. Prot.
16
Maine Dept. of Transportation
17-18
Maine State Planning Office
19
U.S. Senator Susan Collins
20
Congressman John Baldacei
21
Proposal: Recover Past Costs
22-26
Adgenda: 12/3/98 meeting
27
Dredge Prioritization Process
28
Meeting Notification List
29
Meeting Notice - Penobscot
River Dredging
30
Penobscot River Committee
2/10/99 Agenda & Attendees
31 -32
Authorization for Application
33
EPA'S BROWNFIELDS ASSESSMENT DEMONSTRATION PILOTS
Amount of assistance requested: $200,000 over two years
Population of pilot area: City of Bangor 1990 U. S. Census popula0on - 31,181
Applicant identification: City of Bangor, Maine
Ponied Director: Rodney G. McKay
Director of Community and Economic Development
73 Harlow Soxtt Bangor, ME 04401
phone: (207) 945-0400 fax: (207) 945-4447
City Council Chairman: Joseph M. Baldami City. Manager: Edward A. Baron
Date. submitted: March 22, 1999
Project period: July 1, 1999 -June 30, 2001
Community background: The demonstration pilot will be located is Bangor Harbor on
Penobscot River. The immediately adjacent neighborhoods are census marts 1, 6, and 7.
Census tract 1 is Bangor's downtown central business district characterized by mixed-use
retail, commercial office, government and] institutional, and residential ones. The census tract 1
population of 504 is beavily elderly and 73.8% low and moderate income, and is concentrated
in 6 residential facilities including a HUD Section 8 Substantial Rehabilitation of a historic
hotel, a recently constructed market -rate congregate housing complex, a luxury condominium
reuse of an old parking garage, a market -rate apartment reuse of a former high school
building, an assisted living apartment reuse of a former department store building, a market -
rate apartment reuse of the upper floors of a former clothing store. Census tract 6 is a mixed
residential and ship commercial neighborhood with a population of 2,607 consisting of a low
and moderate-morme range of mostly traditional family households. Census tract 7 has
extensive industrial, recreational and transportation infrastructure, but also bas one large and
two small isolated residential neighborhoods with total population of 3033, mostly of a wide
income range of traditional family households.
Cooperative partnere Maim Departm rrat of Environmental Protection
Maim Department of Transportation
Maine Stam Planning Office Coastal Zone Manangement
U. S. Coast Guard
R'..
PROJECT OVERVIEW
Project Title: MITIGATION PLAN: COAL TAR MIGRATION IN BANGOR HARBOR
Background: The City of Bangor, Maine was as industrial center during the 1800's
and early 1900's, primarily because of its riverboat location and proximity to the northern
Maine woods. The successive decline of some industrial sectors left a legacy of abandoned
buildings, vacant land, and a polluted river. Action to improve water quality have resulted in
the return of the Atlantic Sabnon and a renewed use of the Penobscot River for recreational
purposes. During the Inst 20 years, the City of Bangor bas gradually, but consistently, taken
steps to redevelop the waterfront and return it W its former prominent roll in consonantly
affairs. Examples include the redevelopment of an abandoned shoe factory into a brewpub
and restaurant, clean-up of a former petroleum tank faun for conversion to a water from park,
and development of a boat docking facility. The City of Bangor bas acquired and is carrying -
out clean-up of the largest piece of fire Penobscot River waterfront, a former railroad yard.
Despite significant success and a reasonable potential for redevelopment of do sonchront, one
legacy of Bangor's past continues to thwart local efforts - coal tar. The river bottom in a cove
adjacent W both the existing waterfront park and the former railroad yard, is partially covered
with a layer of coal tar "mousse'. Each summer, as the water temperature increases, "blobs'
of real tar Float to the surface. Through the tidal action and current of the river, the tat blobs
are deposited along the shore, bulkheads, docks, moorings, Midge piers, and boa% within
Bangor Harbor. The Maine DEP bas responded to numerous complaints, has investigated and
sampled the coal tar "mousse", and has issued a report on the problem. The DEP report
suggests father investigation to examine de risks to public health and the environment before
deciding if remedial actions would be appropriate. The City believes that if the problem can
be further defined, and steps are taken to mitigate the seasonal migration of coal tar, then the
Bangor Harbor will once again help sustain the economy, while improving the quality of life
for local residents and the Flora and fauna of rise river.
Project description: The City of Bangor requests the award of $200,000 in EPA funds to
carry out, in a 24 month period, a course of actlou designed to: 1) Incate, identity, ascertain
de condition of and quantity of coal tar -like material present in Banger Harbor; and 2) to
develop a work plan designed to mitigate the seasonal migration of coal tar and derivative
materials to the surface of the river and the subsequent revtamination of the shore tantls,
intertidal region, marine facilities and watercraft. Work will be performed by an expert
environmental consultant experienced is the control of coal tar migration.
Anticipated project results: Determining the location, identification, quantification and
condition of coal tar deposit in the Penobscot River in the Bangor Harbor adjacent to the
former Maine Central Railroad switching yard; and creating a mitigation plan W eliminate the
seasonal migration of air Ile material W the water's surface and rensequent contamination of
the shore, intertidal area, Floating docks and water craft, and the diminishment of sit quality
due W the aromatic moire of the coal tar contamination. This project will provide a workable
plan for the effective mitigation of a long-term environmental problem which has hindered the
redevelopment of the Penobscot River waterfront for commercial and recreational uses.
Mitigation of recurring coal far migration will eliminate seasmml water, air quality, and
shoreland contamination which has fouled decades -long efforts by the City of Bangor to attract
as increased level of recreational boating in Bangor Harbor and development of marine
services, tourist facilities and shore amenities on the Penobscot River waterfront.
Project goals: The ultimate goal of this project is to rerew and protect the waters and
associated wetlands and shoreUad of the Penobscot River, increase recreational and
commercial use of the Penobscot River and the Bangor waterfront, and to stimulate the
recreational and commercial development of adjacent, now vacant, shore lands. The
objectives by which this goal will be achieved through flus project are:
a. Develop a plan to mitigate the seasonal migration of coal tar from deposits in Bangor
Harbor on the Penobscot River to the water's surface and the consaluenf contamination of the
intertidal area, the shore, marine structures, floating docks and watercraft, and consequent
aromatic degradation of air quality in the immediate area.
It. Acquire adjacent IaM from the Maine Central Railroad, remediate on-site
environmental hazards which deter commercial/recreational development, market portions of
Bre land for commercial and recreational development, and create recreational and leisure
opportunities, tourists attractions, and erect interpretive guides to significant historic, cultural,
artistic, and natural assets.
c. Design, engineer, and replace the severely deteriorated and coal tar -contaminated
timber bulkhead in the immediate area.
Project strategy: In partnership with the Maim Departments of Environments] Praection,
and Transportation; the U. S. Army Corps of Engineers, the Bangor Harbor Committee, the
Bangor Harbor Master, and abutting shore]and property owners, the City of Bangor will
contract with a professional enviromnenml engineering consutmm to: 1) review the existing
documentation relative to the river bottom coal tar deposit(s), 2) investigate the river bottom to
determine the extent of coal tar deposits, the quantity and condition of Ne coal tar and its
underlying and overlaying sediments, the existence of any active source of new quantities or
deposits of coal tor, and any apparent movement or migration of the deposibs); to identify and
analyze alternative methodologies of mitigation of coal tar migration for cwt, effectiveness,
and feasibility; and, in consultation with the City of Bangor, Maine Depamnent of
Envrtoamemal Protection, and U. S. Anny Corps of Engineers, to prepare a plan for the
mitigation of coal tar and derivative materials in Bangor Harbor.
Authority: Under the State of Maine constitution, the City of Bangor is chattered as a
municipal corporation with all the delegated authority of a political subdivision of Maine.
The City of Bangor has the authority to apply for and receive funds under CERCIA section
104(d), to enter into an agreement with US EPA, and to carry out the work of Nis application.
City of Bangor Brownfield Project Budget
nesetlollen of Tasklsl Staff Rale Houm Cost
Phase Ill. Surface and UndalwaNr Coal Tarlmnflgaflon
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RESPONSES TO EVALUATION CRITERIA
1. Problem Statement and Needs Assessment
Effects of Brownffelds on the Community
1. Def your community or communities: The browafield is locand within the City
of Bangor, Maine. The impacts of the brownfreld, however, wend across the Penobscot
River to the City of Brewer, and, to a lesser degree, downstream an the town of Hampden.
The Project Area is the Penobscot River and adjobdng shore bads located between the
downtown, at Union Street and the Joshua Chamberlain Bridge, and Interstate Highway 395,
and generally extending intend to the vicinity of Main Suets. See Project Area map.
2. Characterize the impact of brownfrclds on your community: There is, according to
documented Maine Department of Environ mal Protection records, at least one known coal
tar deposit in the Penobscot River, and located on the river human adjacent to the former
Maine Central Railroad switching yard in the area of Main, Railroad, and Fromm Streets in
Bangor. There may be other such deposits associated with the known deposit.
According m' Final Asseumunit Report Penobscot River Project-, dated July 30, 1998,
prepared by Nicholas J. Hodgkins of the Maine Department of Environmental Protection
(DEP), 'The delineation of the deposit indicated that Use current and tide had greatly effected
the size and shape of the deposit, limiting it to an area downstream of the old dock cribwork
adjacent to the railroad yard...... 'Estimates on the size of the deposit were made using
conservative assumptions, such as the deposit is one and a half feet thick (no actual thickness
greater than one foot was found); the deposit extends 400 feet down river, and; the deposit
extends 150 feet out into the river. Given these measurements, approximately 3300 cubic
yards of heavily commitment coal tar sedimens/deposits exist m the area of the river. The
deposit 'hugs' Ne shoreline, releasing small blobs of coal tar from the rocks, mibwork, and
bosom sediments on But, sumry, days when the fide is low.'
The DEP report further describes the environmental impacts of the river bottom coal
tar deposit, "The M1DEP Division of Response Services in Bangor has filed numerous spill
reports for Nis section of the river; these reports include the preaerce of rod tat globules and
slicks in the river, as well as petroleum spills from the bulk petroleum storage facilities (4). A
majority of the spill reports regarding coal tar irwidents have occurred during the hottest days
of the summer when the dde is low. During such conditions, coal tar residues on the rocks,
docks, cribwork, and river bed are beamed enough to flow, producing globules and/or slicks.
In addition, the Harbor Muter has reported numerous complaints from boaters of tar deposits
on the bottom of boats."
Although there are no Brownfields pilots in proximity to the Project Area, there are
other contaminated industrial sites which have been or being remadiated including:
1. The site of the former Maine Utility Gas Company's' Gas Works' which for a
century convened coal and other hydrocarbons into a utility fuel gas which was distributed to
homes, businesses and public facilities by underground pipes throughout the community. This
she has been remediated by the City of Bangor, interim owner, and the Brines Company,
developer for a Shaw's Supermarket which now occupies the site. A DEP-approved Voluntary
Response Action Program (VRAP) agreement gained the remedial action of this sire.
2. The site of a fanner commercial petroleum product tank farm storage facility located
on the back of des Penobscot River on Bangor's Front Street was acquired by the City of
99-131
Bangor, and petroleum -saturated soil comaminged by the leaking storage tanks was, with the
assistance of the Maine Army National Guard and with the oversight of the DEP, removed and
land spread for evaporative decontmnination at an unused sirpon taxiway.
3. The former Maine Central Railroad switching yard and round house locomotive
maimmnrace and refueling facility is being rernediated by the City "angor under a DEP-
approved VRAP agreement. The remediation effort involves passive recovery of petroleum
contaminant from groundwater and a rover system for residually contaminated! soils in the
former switching yard which abuts the shores of the Penobscot River at this Project location.
Value Added by Federal Support
Use of EPA grant funds: The requested funding ($200,000) will be used to carry -out
the following investigative tasks:
1. Records of previous investigation will be reviewed (phase I, 66 hours, $61,120) and
assimilated to develop a search and sampling plan (phase B, 120 hours, $35,240).
2. A systematic surface and underwater search of the suspected location(s) of the coal
tar deposit(s) will be made and documented (phase III, subcontracted by the job, $45,1m)).
3. The extent of the suspected coal w deposit(e) will be mapped and samples of
material taken, analyzed and documented for composition and condition. Verified coal tar
deposit(s) will be mapped for later mitigation action (phase W, 156 hours, ($29,96)).
4. Alternative mitigation actions will be identified and compared for effectiveness,
feasibility and cost (phase V, 132 hours, $10,920).
5. A recommended plan of mitigation action(s) will be prepared for review by Maine
DEP, US Army Corps of Engineers, US Coast Guard, Bangor Harbor Committee, and Bangor
City Council (phase VI, 94 hours, $6,600) . A 6% contingency is included in grant request.
Concurrent with the above listed EPA -funded activities, the following tasks will be
carried -out with local funds:
I. Complete the acquisition of Maine Central RR land by the City of Bangor.
2. Complete mitigation of environmental hazards on the acquired land.
3. Market and sell for redevelopment suitable portions of the acquired land.
4. Complete the design and engineering of the replacement of
deteriorated/coutamiruted bulkhead in the immediate area.
Qlasc IlEA assistance which achievement of Bangor'
goals by funding further tasks beyond the isssalue of his pilsd
Implemention of coal our mitigation plan. No other EPA grants or cooperative
agreements are currently being utilized by that City of Bangor, however, it is our
understanding that DEP staff Ins informed EPA Region 1 staff of these mitigation projects.
EPA assistaace for this Project will leverage additional resources, support, or
assistance for addressing browndelds by:
1. The Army Corps of Engimers, United States Coast Guard, Maine Department of
Transportation, PenBay Pilots Association, Barrett Paving Materials, Webber Energy Fuels,
Maine Congressional Delegation and City of Bangor are cooperating in a joint effort to seek
funding for a Penobscot River dredging project to maintain river channel and ship berm depths
so lost existing commercial mance activities can continue and new river uses can be planned.
Existing commercial activity includes coastal maker and barge delivery of fuel products to the
interior of eastern and norhem Maire. Contemplated moire activities unlade high-speed
coastal passenger terry service between Bangor and paints along the Maine coast W provide an
alternative to auWmobile travel by Wurists and commuters. Theconfirtroulmstenteand
extent of coal tar deposits on Ne Penobscot River bottom is needed information for the
planning of river and harbor dredging in the Penobscot River.
2. Knowledge of the location, extent, and mnue of river -bottom coal or is essential
information for the design, planning, and construction of new waterside, bulkhead, remining
wall, and or rip rap bank stabilization to replace existing deteriorated and failing bulkhead.
Without this information a $1.2 million State bond issue to fund this bulkhead replacement
project may not he implemented out of concern about the potential for construction disturbing
coal deposits and the related possibility of currents and titles moving disturbed coal tar
deposits into currently uncontamiva[ed areas of the river boaom.
2. Community -Based Planning and Involvement
Existing Local Commitment
The City of Bangor is acquiring, at a cost of $1,258,484, the adjacent 33+/- acre
shorelarM property formerly owned by the Maine Central Railroad, carrying out the
mediation of identified soil communication at an estimated cost of $300,", and will market
this riverhont IoM for water-rehmed redevelopment for such uses as a marina and associated
hotel. The City has also designed, engineered, and partially constructed, at a cost of
$350,000, the replacement of a severely deteriorated section of timber bulkhead along the
shore of the Penobscot River. The State of Maine Department of Transportation has proposed
a State bond issue of $1.2 million to complete the bulkhead replacement project. This section
of bulkhead has been seasonally contaminated by migrating coal tar carried by eddying river
currents, and Nese contaminating coal tar deposits are, themselves, a source of potential
contamination to Ne river and the adjacent intertidal area. During warm weather, these
aromatic coal an deposits are the source of air quality complaints frequently received from
boaters who lease dock space at the City's nearby floating docks, and from Neater -goers
attending the annual Shakespeare Festival held on Ne adjacent shorthand.
Total eventual project cost for the land acquisition, environmental remediation,
Penobscot River coal tar mitigation plan and the bulkhead replacement is $4,723,415, all of
which will be Ideal, state and public funds, including this grant of $200,00.
Partnerships With Other Stakeholders
Due to this project being located in a navigable river, implementation of the
investigation and development of the mitigation plan will require coordination with the US
Coast Guard, Maim Stare Planning Office Coastal Zone Management Coordinator, and
permitting by the US Army Corps of Engineers. The assistance of the Maine Depart an of
Environmental Protection will he sofa:ited m defining the parameters of the investigation and
in suggesting approaches W the mitigation plamung. The Maine Department of Transportation
is participating in the bulkhead replacement, the nail construction, and the planning of
transportation impacts associated with the Maine Strategic Passenger Transportation. The
Bangor Harbor Contained, composed of citizens with an interest in the harbor and a City
Council representative, will provide citizen input for this project. O st ers and operators of
nearby marine and shore facilities will be kept informed of in -river activities to preclude
conflicts between the investigation and commercial and recreational water traffic. The Bangor
Harbor Masai will he the primary liaison between the City and marine activity and water
traffic. Two public meetings, one already conducted and one planned for April 6, 1999,
provide forams for public input into the waterfront planning process. The Bangor Region
Chamber of Commerce, da Convention unit Visitors Bureau, Bangor Beautiful and Bangor
2000, support, participate in, and encouraged members to auend this public input opportunity.
Community ProgBroWnfield Assessment. CI & Revotalization
1. The site of the former Maine Utility Gas Company's "Gas Works" which for a
century converted coal and other hydrocarboru into a utility fuel gas which was distributed to
berms, businesses and public facilities by underground pipes throughout the community. This
site has been remediated by the City of Bangor, rotation owner, and the Scales Company,
developer for a Shaw's Supermarket which now occupies the site. A DEP-approval VRAP
agreement guided the remedial action of this site across Main St. from the Project Area.
2. The site of a former commercial petroleum product tank farm storage facility located
on the bank of the Penobscot River on Bangor's Front Street was acquired by the City of
Bangor, and petroleum-saturated soil contaminated by the leaking storage tanks was, with the
assistance of the Maine Army leationd Guard and with the oversight of the DEP, removed and
land spread for evaporative decontamination at an umrsed ahport taxiway.
3. The former Maine Central Railroad switching yard and round house locomotive
maintenance is being remediated by the City of Bangor under a DEP-approved VRAP
agreement. The remediation effort involves passive recovery of petroleum contaminants of
soil under a former locomotive refueling area, and sod coverage of stained sods N the former
switching yard which abuts the shores of the Penobscot River at the Project Area location.
Community's Creative Solutians in Master-Planning. Pollution Prevention
and Sustainable Development Linked to Brownflelds
The browndald involved in this application's Project Area is a river bottom marine
environment. Bangor has addressed water quality, wetlands, and shore and issues in its
Comprehensive Plan, Land Use Ordinance and Site Plan Review..
Bangor's Comprehensive Plan mcorlromtes Maine environmental scams permuting to
Shore land Zoning, Resource Protection, Site Lamaism of Develop Review, and Wetlands
Protection to prevent illegal destruction by development of areas of wildlife habitat, special
eavirommenml significance, unique and endangered species. Local site plan review and local
administration of State Site of Development review requirements ensue that development does
not contribute to mereased mnoff, erosion, or water quality degradation.
The City of Bangor is implementing a decades-long program to separate storm water
from rine samory sewer system to ehumnate system overflows during period of heavy runoff
and Flooding. A 1.3 million gallon in-grouts overflow storage tank is oaring completion in
Ne Project Area to catch and store, for later release to the waste water treatment plant,
sanitary sewer surges during flooding conditions; to prevent outflows of untreated waste water.
After several storage tank designs proposed by consulting engineers were dismissed because of
excessive cost, inefficient design, and high maintenance requirements, an in-house culvert
based design was adopted which reduces cost to a fraction of da other designs, is self
cleaning, and does not require a single large expmise of surface area, deep excavation, or
internal supports. Another unique feature of this creative design is that its vent system utilizes
park nail lamp posts to discharge the vented and odoriferous storage took air well above user
of park land to be located over the storage tank. The top of Ws 1300 foot-long concrete tank
may also be used as a base for a paved bicycle rad through the planned shore park.
Project Addrusec Environmental and Public Health Priorities
Bangor was one of the first municipalities in the Penobscot River watershed and in the
State of Maine m effectively and comprehensively address issues of water quality through
sewerage treatment, shamland management, erosion control, protection of wetlands from
development, and a thorough site plan review and permitting process. These efforts, over a
sustairred period of time, have resulted in marry health and environmental berefrts:
1. Bangor has permanently protected from development hundreds of acres of wetlands,
imiuding bogs, through the use of the Resource Protection Zone.
2. HurWreds of acres of forested watersheds have been acquired and managed with
sustainable forest practices by the City of Bangor to provide a permanent source of pure
ground water for valuable wetlands and streams.
3. Resource Protection Shoreland Zoning has protected from development extensive
continuous riparian areas along Kenduskeag Sue=, Penjajawoc Stream, Meadow Brook,
Osgood Brook, the Bangor hrernationd Airport dmhmge flowage, and the Penobscot River.
4. An extensive system of separate storm water sewers, interceptor sewers, a 1.3
million gallon waste water storage tank now being completed, and strict management of
development rurwff insures that erosion is controlled, and that untreated sewerage is not
allowed to contaminate streams/watersheds, and maintains high water quality in water courses.
The one remaining continuing threat to water quality in Ne City of Bangor is the
unmitigated presence of coal tar deposits in the Bangor Harbor of the Penobscot River. This
coal tar presence exists through no fault of the City of Bangor, as it is believed by the Maine
Department of Environmental Protection to have originated at the nearby Maine Utility Gds
Company fuel gas production facility and allowed to flow untreated into the river. Neither is
the City of Bangor the owner of the submerged land upon which the coal tar deposits rest, as
all submerged lands associated with the Penobscot River are owned by the State of Maine. In
fact, it is the Maim Department of Environmental Protection which has investigated the
existence of the coal tar deposits and speculated as to their origins. It is, however, the
citizens, businesses, and property owners of Bangor who are harmed by the presence of the
road tar deposits in the harbor, and, thus, the City of Bangor believes it to be appropriate to
initiate actions which will eventually lead to the satisfactory mitigation of the presence of this
large and active communization along Bangor's redeveloping waterfront. Continued presence
of the harbor coal on deposits is a deferent in the expanded use of the Penobscot River for
recreational purposes, and inhibits the conversion of shore lands from prior industrial was to
water-oriented commercial, remit, residential, and recreational uses. Mitigation will improve
the quality of the river water to enhance the Atlantic Salmon and eel fisheries, to permit m-
water recreational activity, to remove a seasonal source of frustration and inconvenience to
boat owners who most remove coal tar deposits from their pleasure and work craft, and to
remove odoriferous and unsightly black coal tar deposits Rom the intertidal area, shore lands,
docks, piers, and bulkheads. The decades-long continuous presence of this river
contamination must be removed if the scenic Penobscot River is to become the pride of the
community and once again be recognized as this city's most important natural asset.
Community involvement Pl
Although the contamination of the coal tar migrates during hot weather in waters in
other municipalities, the source deposit of coal tar is located in Bangor Harbor, where its
impacts are concentrated. The City of Bangor owns a mile of shoreline adjacent to the coal tar
deposit and Inds its goal of increasing river and shoreland activity is inhibited by the presence
of the coal car deposit It is, and will continue to be a powerful motivation for the City of
Bangor to seek mitigation of the coal tar Consummation so that progress can be made toward
the goal of waterfront revitalization and rejuvenation of recreational river activities. These
goals me instimtionalbrA in the City's Penobscot River Waterfront Redevelopment Plan and
are the basis for the permitted land uses is the Waterfront Development District of the Land
Use Ordinance. Over $3.5 million is public investment to achieve these goals in the past 15
years and an estimated like amount of investment to complete actions necessary to achieve
waterfront redevelopment are evidence of the very high level of commitment of the City of
Bangor to take appropriate actions to implement its waterfront redevelopment goal.
Expertise Available in the Community
The City of Bangor has talented engineering staff with considerable expertise for
planning and designing creative solutions to shorelznd issues. Exmuples include:
1. Design of a 1300 fcot-long stmorwamr overflow storage tam, which unlike
commercially proposed designs, is self clearing, does not require deep or broad excavation,
require no internal roof supports, requires no special or unique construction methods, does not
reduce Ne developable land area, and costs a fraction of other concepts.
2. Design of a gabion-based waterside bulkhead structure which achieves the goal of a
vertical shore remming struuure which is ma isram to the determining effects of tidal action,
river currents, ice Rows, vermin, weathering and freezing, is permeable m the passage of title
water and ground water in equalize water pressure on both sides of the structure, boundaries no
soluble chemical preservatives inns the enviromnenq is constructed of Inial and inexpensive
materials, and require no specialized construction equipment or skilled labor.
3. Design of an oblong cross-section drainage conduit for use in the very limited width
available through ancient buried cribwork structures. This designochieves the necessary
capacity in a narrow profile allowing installation without disturbing the timber cribwork
through which it passes, saving the time and excavation and replacement of the cribs.
Professional private mu itecong, engineering, and enviromnental consulting expertise
also exists in the local area for effectively addressing shoreland and marine issues which
require a level of expertise beyond that of City staff. In the past, Bangor has commend with:
1. Ames Corporation to inventory waterfront land uses and structure;
2. Imes W. Sewall Co. as investigate, defint, and evaluate existing bulkhead
structures and to identify and evaluate alternative replacement structures where needed;
3. American Concrete industries to design and build custom culvert sections for use in
constructing the in-ground stonnwarer overflow storage tadr;
4. WBRC Architect/Euglmers to identify existing waterfront infrastructure, to
determine the type and scale of redevelopment possible and appropriate for dat site; and
5. S. W. Cole Engineering Inc. to conduct subsurface investigation of the nature and
extent of buried coal tar at the former fuel gas production facility, to create a remediation plan
for presentation to, and approval by dw Maine Department of Environmental Protection.
Additional specialized expertise exists in the local area including: 1.University of
Maine's Civil and Environmental Engineering Department, Environmental Chemistry
laboratory, Fish and Wildlife Research Unit, School of Marine Sciences, Water Research
Imtitue, 2. Maine Divers, 3. U. S. Department of Agriculture Natural Resources
Conservation Service, 4. U. S. Department of Interior Marine Field Office, 5. Atlantic Sea
Run Commission, and 6. Maine Department of Environmental Protection.
Environmental Justice Plan
Certain; trans 1, 6, and 7 are located adjacent to the Project Area. Respectively, these
tracts have populations which are 73.8%, 57.8% and 27.6% low and moderate -income.
Residents of Census tract 6 bad been most immediately impacted by the hazardous byproducts
of the mal gasification processes used for a century by the Maine Utility Gas Company and its
predecessors. These processes produced and released hazardous and noxious materials which
fouled me land, water, and air at the gas production facility and the surrounding residential
neighborhood. The City of Bangor acquired this industrial intrusion in a residential
neighborhood in 1978, and carried out a series of actions over the next decade and a half to:
remove the industrial facilities, remove coal tar and contaminated water from in -ground
storage tanks, protea buried coal tar deposits from transport by ground water by capping the
site, reuse of some of the former industrial lands to expand a neighborhood Fork, and facilitate
and partially finance the redevelopment of the site for use by a supermarket, a needed service
in the neighborhood. These actions principally benefited the low-income neighborhood sur-
rounding the former fuel gas production facility. Residents of this neighborbmd, as well as
the general public, participated in aminal public hearings which invited public continent and
suggestions concerning the uses of public birds to remove the former fuel gas production
facility and m mitigate the hazardous and noxious materials deposited on the site.
Neighborhood residents, other interested parties, and the general public are currently
participating in a series of public meetings in offer input and help establish goals for the
redevelopment of the Penobscot River waterfront which abuts and includes the Project Area.
This input is being considered by the Waterfront Redevelopment Steering Committee, and the
waterfront planting and design consultant. Input at meetings have centered around public
actions necessary to maximize the recreational uses in the waterfront and the Penobscot River.
As the source of, and areas most impacted by, the river bottom coal lar deposits are
located m and immediately adjacent to the river itself, and as me nearby residential
migbbod odds are separated from the river by a former railroad yard, an active railroad track,
an area undergoing environmental remediation involving land covering, an area in which a 1.3
million gallon stormwaer storage tank is being constructed, and Main Street, it is un ikely that
the neighborhood residents will be adversely impacted by the proposed Demonstration Pilot.
3. Implementation Planning
Government Support
This project proposal is being initiated by the City of Bangor and will be coordinated
and managed by its Engineering Department and its Community and Economic Development
Department. The waterfront redevelopment project is being funded by the City of Bangor,
with funds from its general revenues and reserves, from its annual HUD Community
Development Block Grant, and grants from the Maine Department of Transportation. The
waterfront environmental remediation project in the former Maine Cental Railroad lands has
99-131
been reviewed and approved by the Maine Department of Environmental Protection, which
also provides periodic oversight. The U. S. Coast Guard, the U. S. Anny Corps of
Engineers, and the Maine Department of Transportation are now participating in a series of
meetings to plan and seek federal funding for the maintenance dredging of the Penobscot River
charmel and commercial terminal berths. The proposed Demonstration Pilot will provide dam
on, and recommendations for the removal/mitigation of, the river bottom coal tar deposits.
Site Selection and EnnimpnenAgil Site Amagiianent Plan
The location of the assessment site is defined by de Final Assessment Report
Pambscot River Project, dated July 30, 1998, prepared by Nicholas J. Hodgkins, of the Maim
Department of Environmental Protection with EPA fulling pursuant to the Multi Site
Cooperative Agreement (MSCA). Forder site assessment will be conducted in the
Demonstration Pilot in locations established by the above reference report as containing coal
Or deposits. The site is publicly owned; the submerged lands are owned by the State of Maine
all the adjacent shore lands are owned by the the applicant: the City of Burger.
Demonstration Pilot foods are needed because available City of Bangor funds are being
expended in complete the environmental mitigation activities and purr development actions
previously described. Available Maine Department of Environmental Protection foods have
been used in the investigation all assessment for the referenced DEP report by Mr. Hodgkins.
Anticipated results of the proposed Demonstmtion Pilot are:
1. Development of a plan to investigate the over bottom for coal tar deposit(s).
2. Conduct a systematic underwater search for coal Or deposit(s).
3. Map prepared of the location(s) of suspected coal Or deposit(s); analysis and
documentation of the composition and condition of material samples taken from suspected coal
Or deposits, all a map of the verified coal Or deposit(s).
4. A comparison of the effectiveness, feasibility and cost of alternative mitigation
actions intended to mitigate the seasonal migration of coal Or from river bottom deposits to the
water's surface ad the subsequent contamination of the intertidal area, shore, marine
facilities, floating docks and water craft.
5. A plan of recommended mitigation whom for review by state and federal regulatory
agencies, the Harbor Committee, interested citizens and groups, all the Bangor City Council.
6. Mitigation of environmental hazards which deter the commercial/recreational
development of Use former Maine Central HR lad, estimated cost of $300,000.
7. Marketing of the purchased land by the City of Bangor for commaciallrecreational
development, and recovery of the purchase cost all cost of enviunmrevml mitigation.
8. Sale of former railroad lards for commercial/recreatlonal redevelopment.
9. Engmeaing plans for the replacement of the severely deteriorated and coal tar -
contaminated amber bulkhead in the immediate area.
10. Tasks will be undertaken subsequent to the tasks listed above in implement the coal
Or mitigation plan, sell and redevelop the purchased land and replace the deteriorated and
contaminated bulkhead. Tasks j-1 are beyond the scope of the project for which grant fulls
are now rtquestd, and will require additional funding from future grant rounds, proteins of
the sale of the railroad land purchased by the City, or other public or private funds.
Quality of assessment actions will be assured by contracting with a qualified and
experienced envirorunental engineering consulting engineer to Prepare, and seek approval from
the Maine DEP of a detailed assessment plan for the project area; and to perform professional
oversight and contract monitoring during the actual assessment. The consulting engineer will
also enforce appropriate health and safety requirements, and prepare a Quality Assurance
Project Plan (QAPP) to ensure the quality of sampling and analysis.
Reuseng and Proposed Cleanup Dung Mechanisms
1. The City of Bangor but contacted with Hunter Interests of Annapolis, MD for
planning and design services for the Penobscot River Waterfront. These services include: a
physical planning study of reuse potential for the waterfront, a market analysis to determine
market support for (be redevelopment of the waterfront, and the preparation of an RFP
soliciting redevelopment proposals. Sub-coaoactors assisting Hunter Interests include:
Charles Norris of New York, who contributed to the development of a high-speed coastal ferry
system wbich could fink Bangor with Mt. Desert Island and Rockland which appears in the
Maine Department of Transportation Strategic Passenger Transportation Plan; Caplan
Associates of Bar Harbor which assisted in the preparation, for the soliciting town of
Hampden, this Hampden Waterfront Study; and The Waterfront Center of Washington, DC, a
world-known expert on waterfront redevelopment. Shore-side environmental remediation,
currently being implemented by the City of Bangor, will be completed prior m a development
agreement being finalized. Should a selected development proposal include a water-side
component such as a marina or pier N [be area of the known coal tar deposit, an agreement
would be reached between all patties involved m cover the cost of mitigation of the coal tar
deposit. Parties to the agreement would include, but not necessarily be limited to, the selected
developer, the City of Bangor, and! the State of Maine, owner of the submerged lands on
which the coal tar deposits rests. Also m be included are any successor an the Maine Utility
Gas Company, believed to be the party originally responsible for the the coal tar deposit.
2. Potential sources of hands to mitigate the river bottom coal tar deposit could,
depending upon the waterfront redevelopment proposal selected, include: successors to the
Maine Utility Gas Company, the City of Bangor, the selected developer, the State of Maim
through its Department of Transportation and/or Department of Environmental Protection, the
United Stores Coast Guard, the U.S. Army Corps of Engineers, and private terminal
operators. As a viable mitigation plan is not yet available (that would be a product of this
proposed project) and, therefore, an estimate of the cost and scope of mitigation actions is not
yet available, no funding commitments are possible at this time. Legal research into the
existence of a successor to the Maine Utility Gas Company is now being conducted by the City
of Bangor Legal Department in consultation with a private legal firm in Georgia.
Flow of Ownership Plan
L Maine law mandams that submerged lands trader navigable waters, including land
within the tidal zone, such as those upon which the coal tar deposit in the Penobscot River is
located, are owned by the State. No action by the Maine Legislature is anticipated to modify
ownership of the submerged lands applicable to this project. Potential furore developers of
structures over submerged lands would pay an annual submerged land use fee to the State.
2. Liability of the owner of the contaminated land, submerged Intel owned by the State
of Maine, is a question to be answered by applicable State agencies such as the Department of
Environmental Protection and the Sate Planning Office. Liability of the suspected source of
the coal ter, Maine Utility Gas Co., is being investigated by the City of Bangor.
4. Long-Term Benefits and Sustainability
IsainS Term Renefi[�
While a derail description of the technical methods to mitigate the river-bottom coal far
must await the preparation of a mitigation plan, it is anticipated that removal by dredging or
capping may eliminate or subsmmizlly reduce the bot-weather migration of coal tar to the
water's surface and in-river structures and search. The brownfields pilot will provide funding
to complete the investigation and analysis of the coal tar deposit and to create a mitigation
plan. This plan, with a methodology and cost estimate for mitigation, should make it possible
to persuade interested parties in participate in (urging the mitigation. This information would
also help to determin the magnitude of settlement with the responsible successors of the Maine
Utility Gas Company. It is known that there existed in earlier times a great many coal
gasification facilities producing coal tar as a byproduct. It is expected that marry of these
facilities were located near navigable waters to faJiace the delivery of coal to the facility. It
is, therefore, logical in assume that there are other existences of coal in deposits in navigable
waters associated with other gasification facilities, which occurred either by accident during
trampon of the coal far from the gasification facility, or which were allowed N he deposited
N navigable waterways. This pilot will test mitigation methodology of such coal tar deposits.
Sustainable Reuse
The City of Bangor will soon distribute an RFP inviting redevelopment proposals for
the redevelopment of shore lands in the project area. The City's desigu/plarming consultant
has already received developer interest in the area. The waterfront location is expected to
encourage submission of development proposals remaining waterside uses. Waterside
development proposals will necessitate mitigation of the coal tar migration and create an
investment motivation to fund the mitigation plan. Developments will be solicited which invite
the public back to the waterfront to enjoy a waterfront experience which is free from the
mvimmnenal consequences of former industrial uses including coal on migrdfion.
Meacu______res of Such=_
1. Completion of shore-side remediation of the former railroad lands and mitigation of
the river bouom coal tar migration will make possible the successful marketing of this former
industrial land for redevelopment for water-related uses. Elimination or substantial reduction
of seasonal coal not migration and resulting fouling of the shore, vessels, and structures, `
removes an engramsental threat in aquatic life and a deterrent to waterfront revitalization .
2. River water quality relative to the presence of coal tar contamination in Ne form of
globules and/or slick will be monitored on a daily basis by the Harbor Master during the warm
temperatures of July and August when water temperatures are highest and water levels are
low. Any significant presence of coal tar centam-tuition may indicate a failure of the
mitigation effort or unamigated coal tar deposits not identified during river bottom assessment.
3. The measures of success will be functional N nature: numbers of complaints re-
ceived annually by the Maine Depart. of Enviromrtemal Protection and US Coast Guard about
the presence of coal tar in Bangor Huber. The base lire of past numbers of annual com-
plaims is a matter of DEP and Coast Guard rand. Mother measure will be the number of
days normally when the Harbor Master observes coal tar on the surface of harbor water. M
amoral report of this data will be provided to EPA to document project success.
STATE OF MAINE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
March 15, 1999
ME Rodney G. McKay
Director of Community and Economic Development
TS Harlow Strew
Bangor, Maine 04401
RE: EPA Brownfields Asssument Dearonsumion Pilots Grant Application
Dear Mr. McKay,
The Maine Department of Environmental Protection (the "DepartmenC)has recently received
and reviewed your proposed gram application,Earned 'Mitigation Plan: Coal Tar Migration in
Bangor Harbor". Based on our previous knowledge of me proposed Brownf Ids propetty and
she information you have provided us, she Department supports your application for grant funding
from the United States Environmental Protection Agency (USEPA) and racognians the merit of a
Brownfields initiative aimed at reclaiming and revitalizing the Bangor Harbor mea of the
Penobsroa River.
The Department also assures the City of Bangor that we will actively participate as a member in a
Brownfields getup composed ofmher saakeholders. in addition, Nicholas Hodgkins, the
oordinmor of the Department's voluntary cleanup program, will provide oversight of
investigation Bud remedial activities conducted by contractors at she property.
The Department shares She City of Bangor's goal m mitigate the environmental and human health
threats posed thyme coal tvcona ination in the Iver. Please feel free to call Nicholas
Hodgkins at 207-2874854 if the DclB rlment may be of further assistance.
erely,
w Sullivan
Cc:Nicholas Hodgkins
17 STATE HOUSE STATION BANGOR PORTLAND PRESSITTE ISLE
AUCUSTA, MAINE 04333.0017 106 HOGAN ROAD 322 CANCO ROAD 1235 CENTRAL DRIVE SKYWAY PARK
(207) 267-7698 BANGOR MAINE 04401 PORTIAND, MAINE 04103 P1I$AEA1 ]$Ic MAINE 047SMOR4
RAY BLDG , HODPMAL EF (207) 941-070 PAX DQU 941,1364 (207) SI -000 ROF ('TO 822 foOl (BAD 7644477 FAX, DIO 164,1507
STATE OF MAINE
D£PARTMLNT OFTRANSPORTATION
16 STATE HOUSE STATION
AOOUSTA. MAINE
04ua0oM
NpI561SAA Y QPEeJ1 S
February 23, 1999
Joseph M. Baldacci, Mayor
City of Bangor
73 Harlow Street
Bangrer,ME 04401
Den Mayor Baldaeci
Commissioner Melrose asked that I pass on our thanes for your letter of support for the
So-megic PassengerTramporrarion Plan Hangar is identified as a'Gateway Intermodal Hub' in
the Plan and will be akey component of the proposed h mrinodal transportation network
The upcoming bond issue proposal and the Biennial Transportation Improvement
Program (HTTP) include projects that will go fa in assisting Bangor in becoming a Incorporation
hub. This funding will not only provide necesse y feasibility studies, it supports initial
improvernnitsfor many of the infrantocure investment outlined in your herrn. These include:
• $12 Million for waterfront development to replace bulkheads.
• 8980,000, in addition to funds currently available, for a feasibility study and
preliminary engineering fur linking Bangor to Trenton by rail. This includes funds to
match S1.3 Million in federal funding for the design and permitting of intermodal
facilities at Bangor International Airport and Hancock County -Bar Harbor Airyort in
Treatoe. We will work with Bob Zlegelsar to ensure that this work is consistent with
BIA's master plan.
$2.8 Million to begin the upgrade of the Calais Branch rail line between Brewer and
Ellsworth This work will be consistent with the mentioned feasibility study. We
will also be requesting 511.2 Million in federal discretionary, funding to bring this
segment of the Calais Branch to the FM Class III standards necessary to Support
passenger service.
• $169,000 in the Airport Program to provide one half of the local Such for projects at
BIA
THE MAINE DEPARTMENT OF T AIQPORTATION IS AN A Tt4 RMATrvE A=IOry EQUAL OPPORTUNITY SMW1
Joseph M. Baldacci, Mayor
February 2J, 1999
Page two
$85,000 in the Mass Transit Program to assist with the local match for replacement of
five buses for The Bus.
These investments will go far in developing the intermodal iNrazvuctme necessary to
carry out the Strategic Passenger Transpormrion Plan's goal of creating an intermodal hub in
Bangor to support air, mil, marine, and momrcozch services. I look forward to working withyou
on these projects.
Sincerely,
o ed rector
Office of Passenger Transportation
RLPjdc
cc: John G. Melrose, Commissioner, MOOT
PRR-22-19Y9 11:13 FR IE STATE P RINIIL OFFICE TU 99454449 P.02
. I : I , 99-131
STATE OF MAINC
EAECUTIVE OEPAITMENT
STATE PLANNING OFFICE
se STATE HOUSE STATION
AUGUSTA. MAINS -
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VyeIIHave r Sed the pr Get for the "MiG9ation Plan: Coal Tar Mitigatich In
h'an' r 1 ad I ibuld like to support you application for fire BroWnfields grant IF the
U S.�ETrvim4 ehW ProteWon Agency We haw: been mncemed about the IBI of
tips Waters 4 ling me PenobSmt BaYi and see this project having an imbonantllink
Witlti btmaaftons.
Wei bunny with the Dent, and the
of EnviMaine
M mental Bond Protection
E,co7omlc a Com[or the'Dtial Phme'l and pre Maine Mutuelpal Bond dank al
fMornrlg s kali for Ne initial Phase'l and Phase y to m misty of theses andour
(ropM ). Efik's atck Erik Carson wouldre happy to assist you g that eMe4!
reeds55). Edk's background n histaFic preservation and planrtilg can t yqu as
�s be
I
Wei kpa II'b City's continuing effort's m Support redevelopment and reuse, eflods
0 premed by our own to foster appropriate development in our state's'
$ Ce, � mmmundies. Redevelopment in Mese communities can;inimlie'
devlbptlletit awl outside the mmmimay, while providing sustainable Yard fon
lot WWM when City services are or can be made available.
t'Ie&w let US 1017w if vre Can be of hlmler assistance.
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March 18,1999
Mr. Rodney G. McKay
Director
CityofBmgor
Downtown of Community and Economic Development
73 Iferlow Streit
Bangor, ME 04401
Dear Mr. McKay:
I write to express my fill support for the application of the City of Bangor to the
Environmental Protection Agency for Brownfields Assessment Demonstration Pilot Grant
funding to mitigate potential environmental and health problems from coal tar contamination in
the Penobscot River.
Your application, "Mitigation Plan: Coal Tar Migration in Bangor Huber," is supported
by the State of Maine Department of Environments! Protection. During the briefing, you and
other officials of the City of Bangor provided to me on February 26, the issue of the deposits of
coal in was explored. The plan provides a means to address the issue and is worthy of support.
I wish you every success with this project. Please do not hesitate to call me or a member
of my staff at 945-0417 if there is anything more I can do to be of assistance.
Sincerely,
SMCjdc
Susan M.Collins
United States Senator
0 mum... wN.awrv..
99-131
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March 18,1999
Mr. Rodney G. McKay
Director
CityofBmgor
Downtown of Community and Economic Development
73 Iferlow Streit
Bangor, ME 04401
Dear Mr. McKay:
I write to express my fill support for the application of the City of Bangor to the
Environmental Protection Agency for Brownfields Assessment Demonstration Pilot Grant
funding to mitigate potential environmental and health problems from coal tar contamination in
the Penobscot River.
Your application, "Mitigation Plan: Coal Tar Migration in Bangor Huber," is supported
by the State of Maine Department of Environments! Protection. During the briefing, you and
other officials of the City of Bangor provided to me on February 26, the issue of the deposits of
coal in was explored. The plan provides a means to address the issue and is worthy of support.
I wish you every success with this project. Please do not hesitate to call me or a member
of my staff at 945-0417 if there is anything more I can do to be of assistance.
Sincerely,
SMCjdc
Susan M.Collins
United States Senator
0 mum... wN.awrv..
March 18, 1999
Mr. Rodney McKay
Director of Community and Economic Development
73lfarlow St.
Bangor, Maine 04401
Dear Mr. McKay:
I ran writing in support of the city ofBangoes application under the EPA's Brownfields
Assessment Demonstration Pilots Christ program.
As both a member of Congress and a lifelong resident of Bangor, I am aware that the
city's waterfront Brea plays a vital role in the economic future of both the community and the
Bavgor area as a whole. During the past 20 years, many people have worked extremely hard is
reclaim the health of the Penobscot River, as well as the economic viability of this historic asset.
Removing the coal tar deposits that have plagued boating enthusiasts in Banger Harbor
would be amajor and crucial first step in the city's waterfront redevelopment designs, and would
also mitigate the environmental and health hazards now experienced by the contamination.
Again, your proposal has my highest recommendation, and I wish you the best of luck. If
I can be of additional assistance, please ds not hesitateto contact me.
With best wishes,
y
o E. Bi
Member of f Conovgress
99-131
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ME IM
March 18, 1999
Mr. Rodney McKay
Director of Community and Economic Development
73lfarlow St.
Bangor, Maine 04401
Dear Mr. McKay:
I ran writing in support of the city ofBangoes application under the EPA's Brownfields
Assessment Demonstration Pilots Christ program.
As both a member of Congress and a lifelong resident of Bangor, I am aware that the
city's waterfront Brea plays a vital role in the economic future of both the community and the
Bavgor area as a whole. During the past 20 years, many people have worked extremely hard is
reclaim the health of the Penobscot River, as well as the economic viability of this historic asset.
Removing the coal tar deposits that have plagued boating enthusiasts in Banger Harbor
would be amajor and crucial first step in the city's waterfront redevelopment designs, and would
also mitigate the environmental and health hazards now experienced by the contamination.
Again, your proposal has my highest recommendation, and I wish you the best of luck. If
I can be of additional assistance, please ds not hesitateto contact me.
With best wishes,
y
o E. Bi
Member of f Conovgress
Q004
99-131
1. INTRODUCTION
This memorandum summarizes a proposed approach for seeldW cost recovery for the
envinoumeard costs and other losses sufferedby the City of Bangor ("Bangor) in connection
with the former manufactured gas Plant site ("MGP') located on Main Street in Bangor. For
Purposes Of this discussion, basic familiarity with the site's history and the various PRps is
assumed. Additiowd information may be obtained fiom the briefing booklet delivered to the
City Council on November 9,1998.
Included in brackets following each subsection below is a preliminary estimate ofdle
expected range (i.e., not the but or worst case) Of cumulative torts necessary m complete that
stage. The first number is the projected Cumulative total for legal fees (as measured by standard
hourly rates) and the second number is the projected total for ether coats and expenses (such ss
expert fen). Thus, the entry ($5,000/$25,0001 at the cud Of subsection II(a) indicates that the
legal fees for this effort are expected to be less am $5,00) and expenses are expected to be las
dsu $25,000. Ibe entry [$10,000/$26,00010 315,000/$28,0003 following subsection 11(b)
S 15,000. and indicates that the expected cumulative legal tees Wovgh flat stage might range from and
S28,000.
28to
ve
od for
her
Further,
that
yoftheu Ceps be Onamad, me could expect
theght cumulative
$total W be reduced
Fudhea should any of the steps be omitted, one could expect the cumulative total to be reduced
by ted amouv¢attnbutable to chat step. The estimates should beunderstood as preliminary and
subj act to materia] revision.
The presumed 9031 of the e$ort described below is only to recover past coati
Acootdingly, the approach outlined seeks to maximize the net recovery to Bangor by facadng on
a single PRP, Citizens Utilities Company CCUC), and by attempting m avoid filing a lawsuit or
at least aggressively pursuing litigation. In the event Bangor desired (or CUC chose 10 force) a
cora npsakLw
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November 16,1998
&=a:
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Memorandum
PRIVILEGED AND CONFWENTL4L
TO: Erik M.SVzWfel
FROM: William Scott Laseter
RE: Bangor MGPSite--Cort Recovery
1. INTRODUCTION
This memorandum summarizes a proposed approach for seeldW cost recovery for the
envinoumeard costs and other losses sufferedby the City of Bangor ("Bangor) in connection
with the former manufactured gas Plant site ("MGP') located on Main Street in Bangor. For
Purposes Of this discussion, basic familiarity with the site's history and the various PRps is
assumed. Additiowd information may be obtained fiom the briefing booklet delivered to the
City Council on November 9,1998.
Included in brackets following each subsection below is a preliminary estimate ofdle
expected range (i.e., not the but or worst case) Of cumulative torts necessary m complete that
stage. The first number is the projected Cumulative total for legal fees (as measured by standard
hourly rates) and the second number is the projected total for ether coats and expenses (such ss
expert fen). Thus, the entry ($5,000/$25,0001 at the cud Of subsection II(a) indicates that the
legal fees for this effort are expected to be less am $5,00) and expenses are expected to be las
dsu $25,000. Ibe entry [$10,000/$26,00010 315,000/$28,0003 following subsection 11(b)
S 15,000. and indicates that the expected cumulative legal tees Wovgh flat stage might range from and
S28,000.
28to
ve
od for
her
Further,
that
yoftheu Ceps be Onamad, me could expect
theght cumulative
$total W be reduced
Fudhea should any of the steps be omitted, one could expect the cumulative total to be reduced
by ted amouv¢attnbutable to chat step. The estimates should beunderstood as preliminary and
subj act to materia] revision.
The presumed 9031 of the e$ort described below is only to recover past coati
Acootdingly, the approach outlined seeks to maximize the net recovery to Bangor by facadng on
a single PRP, Citizens Utilities Company CCUC), and by attempting m avoid filing a lawsuit or
at least aggressively pursuing litigation. In the event Bangor desired (or CUC chose 10 force) a
zoos
99-131
PRIVILEGED AND CONFIDENTIAL,
Memorandum to Erik M. Stumpfel
November 16,1998
Page 2
broader motor= ofmy issue onsite and offsite habihdes mannotsd with the MGP, the
optimal sMahgy would likely involve Sling a lawsuit immedimety age= all known PRPs and
Pressing forward towards summmyjvdgmevt on the issue of the City's right to persue a
CERCLA Section 107 claim (i.e., adowivgi0int and several liability). In addition to involving a
different strategy, R would be expected that such litigation would be significantly more
expensive than the limited effort contemplated by this memorandum.
Finally, the strategy and cost estimates assume that City personnel would be available
assist in so leas[ some additional local, factual reaeaucL FmNer, it is Manuel due one or more
attorneys&em the City Solicioes office could act as local counsel. To the extent outside local
counsel Proved necessary, additionalcasts would be incurred, par¢cularly if the matter reached
the more advanced stages of litigation.
H. OUTLINE OF PROPOSED APPROACH
a) Prelimivary Aval fC rain Ofki[e Imus
As uudined in the lever from the writer to Erik Stumpfel dated November 16, 1998, the
City should consider engaging an expert to confins the err -like material in Ne Penobscot River to
determine whetharics chemical Properties give a clear indication of its origin This step is not
directly related m the cost 1x0very appmach outlived below but is included because any such
effort would obviously affect the overall coats. In the event the City chose not be persue this
sainal effort' the expected costs should be subtracted from both the low and high ranges for each
of the stages that follow. [>$5,0001>$2 ,000)
b) Background Resesreh andFormal D d
The East direct steps toward Meaning money Som COC would involve E
and legal research and padajpg might Pbsereieen, Ira Or formal ing witnesses,
and
Mal hang f r might
include reciting title i96or 0, M aCcv any surs of f ie M wihresses, and searching fsrefuidto
Plans, drawings,demand,iirecommended
Photographs or ender that c nsidece be cam eical operation Wicmeegacd to
theformaldconsuitisrecommendedthatcility, wacarebe takenmsommmuecue
thorough and convincing can forCUC's arae tthi at swell would the City's Jude sc u ing an
recovery, Wfclai Citym thed0veaeaiatanee,00013agetas$2soincludesec]. and
assignment of claims from the developer. [$10,000/$26,000 to $20,000/$30,000].
0006,.,
99-131
PRIVMECrED AND CONFIDMIAL
Memorandum to Erik M. Sa mpfel
November 16,1998
Page 3
C) Pre -Lith, hum Nee0Oati
Ideally (and, the writerbelievee most likely), CUC would respond W the initial demand
with some indication of an interest in setting ratherNm a complete demad of any liapiI,ty,
Assuming CUC does respond withsomething other thea wmplemdenial, the pre -litigation .
negotiationa will be aimed either at tilting to reach an acetal setflement or at seeming the higbat
possfblepre-fitigationoffer. Hopefully, the prelitigation offer would then provide a basis
alcohol wbich to evaluate Aurher actions. This stege might include one or more face -W -face
meetings, the production of relevant documents related W site history and damages, and
numerous otbu<ommunicatiovs. Somewhat ironically, the better the results of this stage, the
higher the likely costs, because Bangor would quickly dispense with pre -litigation efforts if CUC
denies all liability (orrefuses to offer any aumova'huismco value',. Itis possible that Ore
matter could be resolved a this stage.[$12,OOW$27,000to$35,000/$33,000)
d) Prepare and File Lawsuit
Assuming that CUC either denied all liability or refused an offer high cough to justly
continued negotiations. the next step would be to file a lawsoir. most likely in federal district
court W Maine. The efforts involved'm this step might include additional Incrust and legal
research ami would clearly include drafting a complaint and my mandatory discome, required
under total rule, and Particlpalm to say seMdalivg/discoveryon
eferecOne. [$17,0001$28,OOOto
%35,000/533,000)'
a) jLs2ond to Possible CIIC COUseterclalmoMird Parte Complaints
CUC would likely counterclaim asserting Nat BeJaPr is also a liable party and, deerefoce,
my amount it owes should be reduced by Borges and my other viable Ms, mepamonrte
share. With regard W Ourd-party practice, CUC would probably prefer to point to Ne -empty
chan"but theoretically could move to add other PRPE. [820,000/528,000 to $35,000/$33,000)
f) Participate N Addidionad SeedementEN
The pretiromary scheduling mail discovery discussions would preset an additional
opportunity W pursue m MIYresoludam. Depending on the POsinretakeaby CUC, Bangor
would likely be well saved by participating in any informal coun-ydded mediation or oche
' Tbeuppv-evil errOe expmedsaetmmgeumesamesse(c)iamsegnidw spat nye maximum wvastmarivpm
LLngetion v<Bosiatiom would ovtYbemede itse_,_ appmrMGWdy. FmNq. Howeser itPould benotteie
deomeabc acmes can amowlaoo a bold Maeymr{atmvVpoc. ive certainly
cowe5itahouldbe aorcd that
cbeor fma¢dfigualsteses or c,aal®i¢d, sous -a bsoowoappmach. Iso cos of doruge Wtdmasa,
epperlOr udiw;dwpna8es ersmmWedrelY. soWdmbemtinlly aeeM tlm upper -mad of dr rm8a presenmd
0007.. .....
..,_.
99-131
PRWILEGED AND CONFIDENnAL
MemosavdumOn Erik M. Sturepfel
Nov®ber 16, 1998
Paged
settlement efforts. Like the pso-litigation seulemrnt eff", the more pmdoctive Nese efforts
appear, the more time and money it would make sense to invest at this stage. [$22,000/$29,000
to $38,000/$35,000]
g) WVritan Ddscovery
Assuming m unusual Procedures, the ordinary near stage would be to serve and respond
towrittndiscovery. Bangorwould make everyeltert to keep its costs low during this stage.
Obviously, the defendnd(s) would bove the opposite interests. [$27,000/$30,0Wja
$501000/$0,0003
h) Deooaitlon of Fact Witnesses
Faetwuresses might include one or mom •30(6)(6)" witnesses for each party, redress or
neighbors prean[ st or near the MGP during its aluse es- Persons fanuliar with the various real
sense trenaactiom involving the site, and present who en account for expenditures made on the
Par" of the City and (assuming an assignment of claims can be secured) the developer.
[840,000/$37,000 to$75,0001$50p00]
0 Daivnadoo fF art W' p f1'estim dD 'tl
As a tactical matter, Bangor would probably be well served to delay the designation of
exputsaslongaspossible. Howevet, at somepcint, Bangorwould need 0 identify ata
minimum an nvuommnmtal expert to explain the ain (perhaps someone from S.W. Cole) ad an
appraisal expert for property valuation. Additonally, particularly if it is unable to identify fact
witnesses or other evidence showing releases during the CUC period, it may need to identify sen
expert on 60 historical operations of MOPS dust can testify to Ne ways in whinb ordinary
Operation ofthe BangorMGP would have resultedin"disposal"ofhaxardone sabsnnnus CUC
would likely designate one ormore similar experts in each category, and might also designate
raper OR the issue of compliance with the NCP. aEght of the current expectation for the range
of likely renvery, it seems unlikely Bangor would prune the matter dueugh the end of this
stage Wean additional facts are nnvmW suggesting a higber recovery is probable or the City's
objectivesforthelitigationchangemincludereseludonoffrp Wues. [$60,000555,000m
$110,000/100,000]
)) S J d t
Aa suggested above, it sews fairly aalikely Nat the matter would reach this stage
Without asetdemeut or without Bangor having decided to terminate the effort. However, the
next step in the Ordinary course OfEtigation would be for dre parties m file motions for sumruary
11/16/98 15:19 FAS 404 815 $011 KILPAMICC 6 Si0 GN
99-131
PPIVMEGED AND CONFD)MM7
Memorm lam to Erik M. Stumpfel
November 16, 1998
Page 5
judgment Bangor tight seek to eslabl sb that it was entitled 0 pursue a CERCLA acdon 107
claimandthatCUCwasaliablepaity. 7feuceessfiddamages would be the main issue formal.
COnvase3y, CVC would likely seek to establish that Bangor u also a liable party.
[$75,OON$65,000 to $140,000/5110,000]
k) Other PretrialM 5 s/C f /o.a«s 10 de
N the mlikely event the matter reach ct this stage, the parties would likely have
additional formal and informal settlement confeteoces, scheduling meetings with the coup, and
theopportuwtyforvariousmoaoosinlimne. ]leper ieswouldakobegiuworkonapud
pmldalorder. f$90,000/$67,000to S175,OOW125,000J
1) mal
In the extrmrdmazy event that either the mattarhad not settled crotherwise terminated,
the next stage would be niat. (S125,000/$100,000 to 8250,000/8200,000]
m) Appeal
Prospects for an appeal appear too remote to merit further comment ar this time
($175,000/$110,000 m 1300,000/$225,000]
Bangor City Council/Army Corps of Engineers
December 3,1998 at 10:00 a.m.
City Council Chambers
Agenda
Introduction
Welcome by Mayor Baldacci
Opening Remarks by Congressman Baldacci
Overall Roles and Responsibilities - Army Corps of Engineers
a. Maintenance dredging/discussion of Penobscot River Federal Charnel -Carl
Boutilier -
b. Improvement dredging -Mike Keegan
C. Environmental dredging authority -Mike Keegan
d. Regulatory program -Shawn Mahaney
Roles and Responsibilities, MDOT-Brian Nutter
Objectives and Needs
a. Pilotsperspectives on over navigation, maintenance and improvement
dredging needs -Capt. Mike Martiolf and Capt. Dave Gelinas
b. Terminal operators' perspective on berthing area dredging
(1) Barrett Paving -Roland Fogg
(2) Webber Oil -Dick Harnum
(3) Webber Tanks.JeffMindy
(4) Coldbrook Energy -Paul Gerald
(5) City of Bangor Future needs -Jim Ring, City Engineer
C. City's perspective on other objectives
(1) Bulkhead replacement -Jim Ring
(2) Environmental cleanup -Jim Ring
(3) Waterfront development -Rod McKay, City Director of Economic
Development
Next Steps
(1) Maintenance dredging
-information on nips and drafts from pilots
-information from City on prospective traffic, trips and drafts
-State's assessment of need
(2) Improvement dredging
-letter of request from City
-the same information needed for maintenance
(3) Berthing -dredging plans from oil companies, paving company, and
City
(4) Bulkhead -City's identification of need
(5) Environmental cleanup -City's identification of need
(6) Waterfront development
h��y�p�9-131
Dredge Prioritization Process
1. Communities in the project area
2. Evidence of need
a. Safety
b. Osage (Current and potential)
3. State Economic Benefit
4. Local Economic Benefit
5, Local Public support
b. Public AccesslUse
7. Encroachments
S. Special Interests
Other factors that affect the decision-making process
Enviromnental Issues
Alterratives Analysis
Causes of Sedimentation and/or pollutants
RedesigalReconsttuction
99-131
Meeting Notification List
The Honorable Olympia J. Snowe
United States Senate
One Cumberland Place, Suit 306
Bangor, Maine 04401
ATN: Gail Kelley
FAX 941-9525
The Honorable Susan M. Collins
United States Senate
Room 204 Federal Building
202 Harlow Street
Bangor, Maine 04401
ATTN: Judy Cuddy
FAX 9904604
The Honorable John E. Baldacci
United States House of Representatives
Post Office Box 858
Bangor, Maine 04401
Arm John Ripley
FAX 942-5907
Michael Keegan, PE
US. Army Corps of Engineers
696 Virginia Road
Concord. MASS 01742-2751
Shawn B. Mahaney
U.S. ACE
Maine Project Office
RR 92 Box 1555
Manchester. ME 04351
Brian Nutter
MDOT - Office of Freight Tmnsporlation
16 Sate House Station
Augusta, ME 04333-0016
FAX 0 287-2032
r MAINE ra �N. AM:TFEET
eaI
y 4400
ENGINEERING DEPARTMENT 45-4400
James
0. Ping, P.E. FAX amAas�aaae
City Eng^eer/grecbr
of Public Serves
February 5, 1999
MEETING NOTICE
PENOBSCOT RIVER DREDGING
The City of Bangor has scheduled a meeting on February 10, 1999 with
representatives from the local offices of our Congressional Delegation, the U.S. Army
Corps of Engineers, MDOT, City Staff. and other interested patties to further discuss
potential dredging of the Penobscot River and related projects.
This meeting will assemble a working group to further identifyneeds, naluate
feasibility, and develop strategies for implementation of these projects.
The meeting will be at
Location: Third Floor Conference Room
Bangor City Hall
73 Halow Street
Date: Wednesday. Febrturg 10. 1999
Time 9:30 A. M.
antes D. Ring, PE
City Engineer
"-131
PENOBSCOT RIVER IMPROVEMENT COMMITTEE
FEBRUARY 10, 1999-9:30
Bangor City Hall — 3rd Floor Conference Room
nfA�NDA
1. Introductions
2. Overview of Potential Projects and Needs
• Maintenance Dredging
• Improvement Dredging
• Enviromnental Dredging_
• Bulkhead Replacement
n. Process for Development of Projects
• Technical
Regulmory
Funding
4. Implementation Steps
Additional Information
Support
Public
Stakeholder Regulatory Agencies
Congressional
5. Schedule
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