NRCM Blog

Maine Public Radio reports: Plum Creek's Payments to Supporters Raising Questions

Here is an excerpt of the report by Susan Sharon of Maine Public Radio:

"Opponents of the controversial Plum Creek development project are raising questions about the fact that the company has paid groups that testified in support of the project before state regulators. In addition, a company spokesman also acknowledged today that Plum Creek has now paid $1.7 million to the Land Use Regulation Commission, the regulatory body that approved its plan after five years of review."

Read and listen to the full story here and then tell us what you think about this latest news.

See you in court: NRCM appeals Plum Creek decision

Today NRCM filed an appeal in Maine Superior Court of LURC’s decision on the Plum Creek development plan for the Moosehead region.  After spending countless hours reviewing LURC’s decision, and sharing the frustration of Maine people, it became clear that there were substantial grounds for an appeal and a need to do so.

We took on the Plum Creek issue knowing that the odds were stacked against us.  Appeals of this type are an uphill battle.  But we believe we have a strong case, and we are confident in the legal team that is representing us.  And without the strong commitment of our members and activists, we could not be doing this important work. 

We’ve posted information about the appeal on our website.  This includes a detailed position statement, a Question-and-Answer list, and the full text of the appeal for those of you who are interested in the details.

Plum Creek Update following LURC meeting last week

For months now it has become clear that Maine’s Land Use Regulation Commission (LURC) is heading toward an approval of Seattle-based Plum Creek’s revised development proposal for the Moosehead Lake region.  On Tuesday in Bangor, NRCM had one last opportunity to address LURC in person. 

After more than four years battling for changes in Plum Creek’s plan, and winning many improvements, NRCM and our partner, Maine Audubon, held a press conference in Bangor and presented a final statement to LURC.  This appears to be the last time that the Commissioners will deliberate on the proposal before casting final votes at a meeting in August or September.

We told the media and LURC that the world has changed dramatically since their last deliberations in September 2008. We explained that the global economic collapse, increased concern about energy costs, and designation of the entire Plum Creek plan area as critical habitat for Canada lynx should all be taken into account.  We urged LURC to pause, reconsider, and restructure the plan so that it is smaller and focused near the existing communities of Greenville and Rockwood.

In the current context, we believe that Plum Creek’s plan looks like land speculation that is simply designed to serve the interests of Plum Creek shareholders.

We urged the Commission to not sacrifice the undeveloped shorelines of Moosehead Lake, and remote stretches of Lily Bay peninsula, simply for the benefit of out-of-state real estate speculators like Plum Creek.  As we’ve said before, once it’s gone it’s gone forever. 

You can read Brownie’s (our Executive Director) press statement and watch part of our press conference here. 

At the end of the day’s deliberations, the Commission, unfortunately, directed its staff to prepare a final decision document for approval of the plan.  They will likely make their formal vote to approve this plan at their regular August or September LURC meeting.

In a surprise move by Plum Creek, the company attempted to create a massive loophole for itself that would have resulted in rezoning approvals around Moosehead Lake without having to provide conservation lands.  The company’s spokesman tried to get this change in the event that Plum Creek were to initiate termination of their Concept Plan project.  Maine’s Land Use Regulation Commission (LURC) rejected this request by Plum Creek.

Here is how we now understand that LURC dealt with Plum Creek’s request:  Plum Creek may file a request to LURC to terminate the Concept Plan, but the Plan would not be terminated until LURC and Plum Creek agree.  In the meantime, the provisions of the conservation easement will apply for up to five years even though the easement would not officially be in place.  This would allow LURC to put in place an alternative rezoning plan for the area.

We will continue to explore all of our options to affect the final outcome.  We ill continue working to protect Maine’s North Woods from poorly located development and those who seek to exploit what remains of the largest undeveloped forest east of the Mississippi.

For more information about our work to protect Maine's North Woods, visit http://www.nrcm.org/project_woods.asp.

Plum Creek documents released - new public comment period open

It’s been six months since the Land Use Regulation Commission (LURC) gave tentative approval to Plum Creek’s development proposal for the Moosehead Lake region.  LURC's staff and consultants have been working since then to rewrite the proposal so that it reflects the changes the Commissioners requested at the September meetings.    

Last week, LURC released and posted for public comments the final draft of the proposal.  You can find it here on LURC’s website.  Totaling over 1,000 pages, the documents include the revised plan, easements, development standards and several other documents. 

You can provide LURC with written public comments until April 3.  We have begun to review these new drafts but it will take us some time to comb through the details (as we have seen in the past with Plum Creek, the devil is in the details).

We’ll keep you up to date. In the meantime, any comments you would like to submit can be sent to LURC@maine.gov or Maine Land Use Regulation Commission, 22 State House Station, Augusta, ME 04333. 

-Diano
North Woods Policy Advocate and Outreach Coordinator

"Darth Vader" returns - Plum Creek is at it again

Once again Plum Creek’s bad behavior has put them in the spotlight.  When Seattle-based Plum Creek came to Maine in 1998 they had a reputation as the “Darth Vader” of the timber industry - a brand put on the company by a Republican congressman from Washington state who was upset over the company’s aggressive and controversial forest practices. 

Here in Maine, just a few years ago, NRCM used Maine’s Freedom of Access Act to review internal documents, which we used to compile a report on Plum Creek’s bad logging practices.  We found that Plum Creek had received the largest fine in state history for 18 violations of Maine’s Forest Practices Act.  Not only had Plum Creek broken the law by overharvesting, it had also destroyed deer wintering areas, violated water quality laws, and developed a power line corridor through a forest without a permit.

If we needed any confirmation that Plum Creek hasn’t changed, we got it last week. A group of local citizens and sportsman (The Native Forest Network) warned that the company was logging near a deer wintering area in Indian Stream Township (just west of Greenville) and were likely preparing to cut in the area.  After the story was reported, the company admitted that it had logged in the deer wintering area in violation of the agreement they had made with the state.  This was the same agreement Plum Creek signed to protect these critical deer wintering areas after public outrage flared over the violations reported by NRCM.  Since the Native Forest Network reported the likely violations, Plum Creek has denied members access to the area.

But this wasn’t the only bad news about Plum Creek last week.  Since late this fall, NRCM has been researching Plum Creek clearing on Kibby Mountain in Kibby Township (northwest of the Bigelow Preserve).  Again we reviewed internal documents and put together a detailed report of Plum Creek’s logging violations.  We found that Plum Creek, after ignoring the “stop work” recommendation of an independent inspector, caused significant erosion resulting in an unprecedented 900-foot mudslide.  You can find the story here.  Plum Creek spokesman Mark Doty said this was “not a mudslide,” instead, he said, “There was an erosion event in which sediment moved down a hill.”

These stories paint a bleak picture of Plum Creek management and give us great concern for the future of the Moosehead Lake region.  We don’t believe that a company that repeatedly violates fundamental Maine natural resource laws, rules, and agreements can be trusted to protect our Moosehead Lake region or treasured North Woods.

Diano Circo
North Woods Policy Advocate and Outreach Coordinator

Moosehead News from Diano in Bangor

Welcome to the Plum Creek finish line.  While we haven’t quite reached the end of the road yet, I think we can see it from here.  At the moment I’m in the hearing room at the Bangor Ramada Inn.  Just in front of me a row of Plum Creek attorneys are nodding and bobbing there heads as the Commission debates parts of their development proposal.  Along with the attorneys, Plum Creek’s private security has returned as well.  It’s been fun to see them again as they patrol the hallways and stake out positions at the corners of the room; I feel much safer.   

Yesterday more than a hundred people packed this room to listen to the interveners give closing arguments.  There were many well spoken and passionate speeches.  Our attorney, Russ Pierce of Norman, Hanson and DeTroy (who have graciously represented us pro-bono), delivered a great closing.  He focused on the need to protect Lily Bay and talked at length about the more than 1,700 people who provided public comments in opposition to this proposal (less than 10 comments were in support in the last comment period).  Several other interveners gave inspiring closings.  The comments ranged from detailed critiques of the conservation easements to issues with how the Commission determined there was a “need” for this project.  Part of the rezoning process is that the applicant must prove to the Commission that there is a need for a change of zoning.  Several of the interveners have argued that Plum Creek hasn’t proved the “need” argument.

Following the closing arguments the Commission had a discussion about the development at Lily Bay.  Several commissioners mentioned their concerns about Lily Bay and the LURC staff admitted that adding 404 "units" to Lily Bay would change the character of the area.  Despite this, it looks like the Commission is going to approve the development.  They won’t vote on the staff’s recommendations until later today but there were no major changes suggested by the Commission.  For more information take a look at Cathy Johnson’s blog post here.

The hearing went until 8:30 last night and we started up again at 8:30 this morning.  Today the Commission will discuss the easements that are a part of the Plum Creek proposal.  The hot topic is likely to be whether Plum Creek should be allowed to double-dip.  The Commission requires that developers off-set development with conservation.  In every instance in which we've been involved, the developer is required to donate the conservation.  Because of side deal with The Nature Conservancy, Plum Creek would be paid $35 million for most of the easement lands involved in this process.  Recently a group of attorneys, including a former Maine Attorney General, wrote a letter to the Commission expressing their concerns about paying for required mitigation.  Allowing Plum Creek to double-dip sets a scary precedent.  An op-ed that ran in the Bangor Daily News does a good job describing the issue.  You can see it here. 

Can You Hear Us Now?

We’ve been convinced that the unprecedented amount of public comment that came in to the Commission on Plum Creek hasn’t been given the attention it deserves.  Yesterday morning, before the official deliberations started, an amazing group of folks came to Bangor to make sure that the public comments were heard.  Seventeen volunteers, most who had written comments themselves, spent an hour reading excerpts of the public comments.  It was amazing to hear the heart-felt comments that came from all over Maine.  Reporters from Maine Public Radio, the Bangor Daily News, and all of the Bangor area TV stations were there to record the event.  You can find video and reports on the event here.  We hope that by reading a small selection of the public comments the Commission will better understand how passionately the public feels about protecting places like Lily Bay from development.  We thank all of those who were able to take time out of there day to come to Bangor and read.

Diano Circo
North Woods Policy Advocate and Outreach Coordinator

Moosehead News Direct from Bangor

After three and a half years of public hearings, written comments and hours of testimony, the Plum Creek process reached the decisive moment today – the LURC Commission tentatively voted to approve Plum Creek’s plan for 2000 house lots including two resorts surrounding Moosehead Lake.

Maine people can take great pride in the number of changes that they caused to be made in Plum Creek’s plan over the last three years.  As a result of persistent and heartfelt public opposition, all development was removed from multiple small remote ponds, from the north end of Moosehead Lake at Big W Township, the northwest shore of Brassua Lake, the north shore of Long Pond, East Outlet, the eastern shore of Upper Wilson Pond, and Prong Pond.  These changes will help maintain the remote character of these areas in the future.

However, despite repeated and passionate public opposition over three long years to the overall scope of development and to development at Lily Bay, the LURC Commission failed to heed the call of Maine people to decrease the overall amount of development or to remove the proposed resort including 404 accommodation units proposed for Lily Bay. This is very disturbing, particularly given the concerns and questions raised by a number of the Commissioners.  But, this major decision now appears to have been finally made.

But this process is far from over. Over the next few months, the decisions made today by LURC will be written up in the necessary legal language.  As we have learned repeatedly throughout this process, there can be a lot of devils in the details and NRCM will continue to review all the details and legal documents to ensure that the improvements that have been made in this plan are not lost.

In the meantime, we will explore all possible future options to protect the Moosehead Lake region and Maine’s North Woods.  Despite this setback, we remain committed to protecting the natural character, wildlife, and recreational opportunities of Maine’s North Woods. 

Cathy Johnson
NRCM North Woods Project Director

LURC deliberates about Plum Creek

So, today is the day.  Plum Creek's massive development proposal is being discussed today by Maine's Land Use Regulation Commission at a two-day meeting in Bangor.  The closing arguments are being given today, and NRCM held a press conference along with Maine Audubon this morning in advance of the start of the deliberations - sharing with everyone many of the public comments about Lily Bay and why so many people want this beautiful wilderness area preserved.

I am listening to the hearings online as I do other work in my office today.  You can listen in at http://www.maine.gov/doc/lurc/commissionwebcast.shtml.  I can't believe that after more than three years, thousands of public comments (both written and presented in front of LURC at last fall's public hearings), and many updates of maps and factsheets that I have posted on our website, that the time for LURC's making a decision on Plum Creek has finally arrived.

I read many of the 1700 comments that were sent in during the month-long comment period this summer and was moved by the passion with which many people in the Moosehead area and from around the state and the country wrote - telling their stories and their family histories of time spent at Moosehead and on Lily Bay.  You can read some of the comments here.

I have my fingers crossed (which makes it hard to type this entry!) that LURC will do the right thing and protect Lily Bay and the Moosehead area.  As we have said all along - once this area is gone, it's gone forever.  You can't undo the development once it has begun - and for the people and wildlife who love and inhabit this area, I hope that Lily Bay is kept as wilderness and not spoiled by a 404-unit resort area.

We will keep you posted on the deliberations and all of the happenings related to Plum Creek's development proposal.  Thank you to all of you who have emailed us, attended hearings, written comments, and supported and participated in our work to protect this natural gem. 

Beth

The Public Has Spoken: No Development on Lily Bay

Well it took us a few days to read through them all, but finally we know what the public really thinks about the latest proposal for development at Lily Bay.  I think that Julie Sawtelle’s comments are a good summary of the public’s response.

“Just tell Plum Creek: 'No thanks, Lily Bay is just fine the way it is….'"  -Julie Sawtelle, Litchfield

In the end, after a four week comment period that ended last Friday, the Land Use Regulation Commission (LURC) received 1,768 individual letters and emails.  1,762 were opposed the Plum Creek proposal, 1,517 of those comments specifically mentioned Lily Bay.  On the other end of the spectrum, LURC received six letters in support of the development proposal.  Two of those said they’d support development on Lily Bay.

Here’s a picture of the stacks of comments.

Overall 99.6% of the comments LURC received raised objections to Plum Creek’s proposal.  85.8% opposed development at Lily Bay.  Eighty percent of all comments were from Maine residents.

The comments came from more than 300 Maine towns in all sixteen counties, from Allagash to Kittery, Rangeley to Eastport. They came from the communities and outposts surrounding Moosehead Lake (Greenville, Greenville Junction, Rockwood, Beaver Cove, Tomhegan Township, Sapling Township, Frenchtown Township, and Jackman). And they came from families that have enjoyed the quiet remoteness of Lily Bay State Park for generations...

The Plum Creek Hearings - An Update and Summary

After four long weeks and hundreds of hours of testimony the technical intervener sessions on Plum Creek’s development proposal for Moosehead Lake have ended; at least for now.  The Land Use Regulation Commission closed this phase of the sessions on Friday and gave at least some indication of how the process may move forward.  On the final day of the sessions the Commissioners were offered three options from the Attorney General’s office.  The first option was for the Commissioners to vote up or down on the proposal as it is now.  The second was for the Commission to allow Plum Creek to make amendments to its development scheme.  The third option was for the Land Use Regulation Commission staff to draft a series of suggested options for potential changes.  The Commissioners voted unanimously in support of option three.  Comments from the interveners on the three options were due yesterday.  NRCM believes that the Commission should vote yes or no on the application that is in front of them now, but it appears that this not the direction the Commission is going to go.  Knowing this we think option three is the next best choice.  We don’t want to see Plum Creek continue to make only symbolic changes and attempt to drag this process out in a never ending war of attrition.  Once the Commission has a chance to review the intervener’s comments they will decide how to continue the process.  We should know more about this in the next week.

The one clear conclusion of these sessions is that Plum Creek’s current proposal is fatally flawed and significant changes are necessary.  Now we just have to figure out how to best make this happen.

-Diano Circo, North Woods Policy Advocate and Outreach Coordinator