Microsoft Word - ReClass Comment Summary 11-06-08.doc

MDEP ReClassification Response to Comments October 29, 2008

RESPONSE TO COMMENTS RECEIVED ON

MAINE DEP-SUPPORTED UPGRADE PROPOSALS

Proposal for The Basin (The Nature Conservancy; Friends of the Basin)

Marine, Sagadahoc County
The Basin, including The Narrows, to the New Meadows River Estuary, Phippsburg
upgrade from marine Class SB to Class SA (214 acres; 6.7 miles of shoreline)

Recommend revising § 469.5.B as follows:

5. Sagadahoc County.

B. Phippsburg.

(1) Tidal waters east of longitude

69`-50'-05" W.

and west of longitude

69`-47'-00" W.

- Class SA.
(2) Tidal waters of The Basin, including The Narrows east of a line drawn
between

69°-51'-57" W and 43°-48'-14"N

Class SA

General comments in support expressed by: Nick Bennett, Natural Resources Council
of Maine; Steve Hinchman, Conservation Law Foundation; Landis Hudson, Maine
Rivers.
Paraphrased comments received in support
Richard M. Kelly, Friends of the Basin
James Sidel, Friends of the Basin
Nancy Sferra, The Nature Conservancy

1. The Basin has exceptional ecological and social value and is surrounded by one of

the largest unfragmented forests along Maine's midcoast.

2. The Nature Conservancy established the 1,900 acre Basin Preserve, affording

protection to over 4 miles of shoreline.

3. The Basin supports highly productive and economically significant soft-shell

clam beds, yielding an average of 53 bushels per acre.

4. The Basin is a favored anchorage for pleasure boats seeking overnight refuge.

No comments in opposition

Proposal for Abbott Brook (MDIFW)

Abbott Brook, including all tributaries, in Lincoln Plantation upgrade from Class A to
AA (4 miles)

Recommend revising 467.1.C as follows:

C. Androscoggin River, Upper Drainage; that portion within the State lying above
the river's most upstream crossing of the Maine-New Hampshire boundary - Class
A unless otherwise specified.

(8) Abbott Brook and tributaries (Lincoln Plantation) Class AA

MDEP ReClassification Response to Comments October 29, 2008

General comments in support expressed by: Nick Bennett, Natural Resources Council
of Maine; Steve Hinchman, Conservation Law Foundation; Landis Hudson, Maine
Rivers; Maine Department of Inland Fisheries and Wildlife;
No comments in opposition

Proposal for Aunt Hannah Brook (MDEP)

Aunt Hannah Brook, including all tributaries, in Dixfield - upgrade from Class B to A
(approx. 4 miles)

Recommend revising § 467.1.D as follows:

D. Androscoggin River, minor tributaries - Class B unless otherwise specified.

(7) Aunt Hannah Brook and its tributaries (Dixfield) Class A.

General comments in support expressed by: Nick Bennett, Natural Resources Council
of Maine; Steve Hinchman, Conservation Law Foundation; Maine Department of Inland
Fisheries and Wildlife; Landis Hudson, Maine Rivers
No comments in opposition

Proposal for the Kennebec River mainstem (MDEP)

Kennebec River from downstream of the Shawmut Dam to confluence with
Messalonskee Stream, including excluding all impoundments. Fairfield, Clinton, Benton,
Waterville, Winslow - upgrade from Class C to Class B (11 5.35 miles). Note: On
September 18, 2008 at the BEP Public Hearing, the Kennebec River proposal was revised
by the Department as follows:

Recommend revising § 467.4.A as follows:
A. Kennebec River, main stem.

(10) From the Fairfield-Skowhegan boundary to its confluence with

Messalonskee Stream, including all impoundments the Shawmut Dam - Class C.

(10-A) From the Shawmut Dam to its confluence with Messalonskee

Stream, including excluding all impoundments Class B.

Paraphrased comments received in support of the 9/18/08 proposal (impoundments
excluded)
Robert J. Nadeau, SAPPI Fine Paper, Skowhegan, Maine
Michael Barden, Maine Pulp and Paper Association, Augusta, Maine

1. The data supporting the Kennebec upgrade is "very limited (one or two samples)

and almost 10 years old.

2. There is insufficient data to determine if Class B water quality criteria are met

during periods of high temperature and low flow.

3. Upstream discharges would be placed in non-compliance due to excursions of

water quality criteria (WQC) by the upgrade.

MDEP ReClassification Response to Comments October 29, 2008

4. The classification system was intended to apply to free-flowing rivers; all Maine

impoundments without discharges above them are classified GPA which does not
have numeric criteria for dissolved oxygen (DO).

5. The 2000 Kennebec River modeling report (David Miller) indicates that Class B

instantaneous DO standard of 7 ppm is not attained at all times in the Hydro
Kennebec (H-K) impoundment (rivermile 18.5); this is confirmed by an August
13, 1997 DO reading of 6.5 ppm near rivermile 20 in the H-K impoundment.

6. Biocriteria attainment is also questionable in the deepest sections of the H-K

impoundment (39 feet) as evidenced by occasional non-attainment of Class C
biocriteria in the Shawmut impoundment. Biomonitoring data are not available
for the H-K and Lockwood impoundments.

7. Public hearing comments implied that MDEP "must recommend water

classification upgrades whenever water quality data shows higher standards are
achieved". This is an untenable interpretation because most waters in Maine
could be expected to meet the standards of Class A at some time during the year
while failing to attain standards during critical conditions.

8. State law 38 MRSA §646(4)(D) requires the MDEP evaluate compliance with

WQC at 7Q10 (critical conditions). MDEP also uses licensed discharge loads to
ensure compliance during worst case conditions.

MDEP Response
We disagree that the data in support of the upgrade is "very limited". A well-
calibrated water quality model exists for the segment in question, based on 28
sampling locations from Madison to Richmond, collected during two different years.
The Department also disagrees with the contention in comment #4 that the
classification system was intended to apply only to free-flowing rivers. There are
many impounded segments of rivers in Maine that retain riverine classifications and
38 MRSA §464(10) provides for "Existing hydropower impoundments managed
under riverine classifications". Further, with respect to comment #6, Chapter 579
(the biocriteria rule) references standard sampling habitat requirements that restrict
sampling for assessment of aquatic life use attainment to habitats that have hard-
bottom, periodically scoured substrates. To assess attainment of aquatic life use
(biocriteria) the Department samples habitats other than the deepest sections of the
impoundments.

We do agree that data specific to the Hydro-Kennebec and the Lockwood
impoundments are not sufficient to confirm dissolved oxygen and biocriteria
attainment in those impoundments at critical conditions. While the water quality
modeling report from 2000 indicates that diurnal DO swings below the Class B
instantaneous standard of 7 ppm are likely to occur in a portion of the H-K
impoundment, the modeling report also makes the following points:

· Nutrients, algal growth, and point sources are the most important causes of

water quality impacts;

· There are indications that nutrient loading may become a major water quality

issue in the future;

MDEP ReClassification Response to Comments October 29, 2008

· The paper mills are the major source of phosphorus and MDEP should work

with the paper mills to investigate methods to reduce phosphorus loading
through process controls.

The Water Quality Classification law finds that it is "the State's objective to restore
and maintain the chemical, physical and biological integrity of the State's waters".
The Department views that the proposal to upgrade the above described segment, of
the Kennebec River (excluding impoundments) to Class B is consistent with the
Legislature's goal. The Department agrees that it is appropriate to secure the missing
impoundment data and to implement all reasonable and cost-effective measures to
reduce phosphorus loading from the mills' discharges with the intention of proposing
the upgrade of the impoundments if and when the Department deems those measures,
or other appropriate measures, are sufficient to secure attainment of Class B criteria.

Paraphrased comments received in partial support of the 9/18/08 Kennebec
proposal (impoundments excluded)
Nick Bennett, Natural Resources Council of Maine, Augusta, Maine
Steve Hinchman, Conservation Law Foundation
John Burrows, Atlantic Salmon Federation
Landis Hudson, Maine Rivers

1. The Kennebec is an exceptional river and has seen dramatic improvements in

quality and ecological health but the work is not finished.

2. It has been described by MDIFW as "one of the best brown trout rivers on the

East Coast". It holds great economic importance for central Maine and it deserves
greater protection than its current Class C designation.

3. The U.S. Departments of Commerce and Interior are considering whether it is

appropriate to expand the Endangered Species listing for Atlantic salmon to the
Kennebec and other rivers and upgrading this section would count in Maine's
favor.

4. The entire Class C segment of the Kennebec River (Skowhegan boundary to

Messalonskee Stream) was proposed by NRCM for upgrade to Class B in 2002
based on outstanding fishery values but was not passed.

5. The Board is specifically prohibited in the Clean Water Act from considering

waste discharge as a designated use. If the Kennebec River is meeting Class B
water quality criteria the Department must upgrade to Class B

6. The Department initially proposed to upgrade only from the Shawmut Dam to

Messalonskee Stream (about half of the 2002 proposal) and then, at the public
hearing the Department changed the posted proposal to exclude impoundments
due to weather-related failure to secure necessary data to confirm attainment in
the impoundments.

7. MDEP has had six years to collect the necessary impoundment data and has not

done so.

8. Available data indicates this section of the Kennebec either already attains or has

a reasonable expectation of attaining all standards and criteria for Class B.

9. MDEP should upgrade the entire remaining 15 mile Class C segment to Class B

MDEP ReClassification Response to Comments October 29, 2008

10. If the Board adopts the MDEP recommendations to upgrade only the free-flowing

sections then it should ask MDEP for a written plan and commitment to collect
the necessary data to upgrade the entire Class C segment.

MDEP Response
The Department agrees that decisive action to upgrade the Kennebec has been hampered
by the limited data from the impounded sections and we agree the data should be
collected and expeditiously analyzed to establish a factual basis for determining the
reasonableness of attainment of Class B water quality criteria in all parts of the Class C
segment. We also agree that assimilation of waste discharges is not an allowable
designated use. However, Maine law allows for wastewater discharges that do not cause
the receiving waters to fall below the standards of their designated classification (38
MRSA §464(4).

Maine water quality law (38 MRSA §464(4)(D) and the MDEP antidegradation policy
(MDEP Antidegradation memo from Brian Kavanah 6/13/2001, Doc.#DEPLW0267)
specifically require the MDEP to evaluate discharger compliance with water quality
criteria at "critical conditions" using actual or modeled 7Q10 flows ("10 year low flow")
and licensed loads. Models are developed based on licensed loads and low river flows in
order to present a clear understanding of the effects of critical conditions to ensure that
resources will be protected for all allowed activities. The SAPPI mill discharges at
approximately 65%-75% of their licensed BOD limit and 25%-30% of TSS limit during
the summer. The 7Q10 modeling from 2000 does show excursions of Class B dissolved
oxygen criteria in several parts of the segment. As noted above in response to SAPPI and
MPPA comments, MDEP views that it is appropriate to secure the missing impoundment
data and to implement all reasonable and cost-effective measures to reduce phosphorus
loading from the mills' discharges. The DEP will propose to upgrade the impoundments
if and when those measures, or other appropriate measures, are sufficient to secure
attainment of Class B criteria under critical conditions, per the Department's
antidegradation policy.

It is important to note that all of Maine's water quality classes are designed to be
protective of all fish, including salmonids, based on statutory requirements provided in 38
MRSA Section 465.

Proposal for Kennebec River, tidal sections of tributaries (MDEP)

Proposal includes upgrade of all tidal portions of tributaries including: Bond Brook
(Augusta) - upgrade from Class C to Class B (0.25 miles); Cobbosseecontee Stream
(Gardiner) - upgrade from Class C to Class B (0.25 miles); Togus Stream (Randolph,
Pittston) - upgrade from Class C to B (0.4 miles)

Recommend revising § 467.4.I as follows:

I. Kennebec River , minor tributaries Class B unless otherwise specified.

MDEP ReClassification Response to Comments October 29, 2008

(2) All tidal portions of tributaries entering between Edwards Dam the
Sidney, Vassalboro, and Augusta townline and a line drawn across the
tidal estuary of the Kennebec River due east of Abagadasset point Class
C B unless as otherwise specified.

(a) Eastern River from head of tide to confluence with Kennebec

River Class C.

General comments in support expressed by: Nick Bennett, Natural Resources Council
of Maine; Steve Hinchman, Conservation Law Foundation; Landis Hudson, Maine
Rivers.
Specific comments in support: John Burrows, Atlantic Salmon Federation

· The tidal Kennebec tributaries are important waterbodies for Atlantic salmon, sea-

run trout, and other native diadromous fish species and they deserve the additional
protections of Class B.

No comments in opposition

Proposals for Tributaries of the Piscataquis River (The Nature Conservancy)

Seboeis Stream tributaries in T4R9 NWP, T3R9 NWP, Seboeis Plt, Mattamiscontis
TWP, Maxfield, Howland - upgrade from Class B to Class A (miles undetermined)
Alder Stream, and its tributaries; tributary to the Piscataquis River in Dover-Foxcroft,
Atkinson, Orneville TWP, Milo - upgrade from Class B to Class A (18 miles)

Recommend revising 467.7.E.(2) as follows:

(2) Piscataquis River, tributaries - Class B unless otherwise specified.

(m) Sebois Seboeis Stream, including East and West Branches, and
tributaries - Class A.
(n) Alder Stream and its tributaries Class A

General comments in support expressed by: Josh Royte, The Nature Conservancy; The
Sweetwater Trust; Nick Bennett, Natural Resources Council of Maine; Steve Hinchman,
Conservation Law Foundation; Landis Hudson, Maine Rivers.
No comments in opposition

Proposal for Tributaries to Mattamiscontis Stream (The Nature Conservancy)

Mattamiscontis Stream, tributaries. upgrade from Class B to Class A (miles
undetermined)

Recommend revising § 467.7.F as follows:

F. Penobscot River, minor tributaries - Class B unless otherwise specified.

(11) Mattamiscontis Stream, and tributaries - Class A.

MDEP ReClassification Response to Comments October 29, 2008

General comments in support expressed by: Dan Kusnierz, Penobscot Indian Nation,
Josh Royte, The Nature Conservancy; Nick Bennett, Natural Resources Council of
Maine; Steve Hinchman, Conservation Law Foundation; Landis Hudson, Maine Rivers.
No comments in opposition

Proposal for tributaries to Souadabscook River - West Branch Souadabscook

Stream, Brown's Brook, (MDEP)

Selected tributaries of Souadabscook Stream, upgrade from Class B to Class A
West Branch Souadabscook Stream in Newburgh, Hampden (10 miles), Brown Brook
(also called Reeds Brook) in Hampden (6 miles)

Recommend 38 MRSA § 467.7.F.(7-A) be enacted to read:
(7-A) Tributaries of Souadabscook Stream - Class B, unless otherwise specified

(a) West Branch Souadabscook Stream (Hampden, Newburgh) Class A
(b) Brown Brook (Hampden) Class A

Comments in support expressed by: Norm Dube, Maine Dept. Marine Resources; Nick
Bennett, Natural Resources Council of Maine; Steve Hinchman, Conservation Law
Foundation; Landis Hudson, Maine Rivers; John Burrows, Atlantic Salmon Federation

· Removal of the Grist Mill Dam opened up Souadabscook Stream to Atlantic

salmon, shad, and river herring;

· The tributaries also provide valuable salmon habitat and should be protected by

upgrade to Class A

No comments in opposition

Proposal for Crooked River (MDIFW)

Crooked River, at Scribner's Mill, Harrison/Otisfield - upgrade Class A to Class AA (0.1
miles)

Recommend changing §467.9.B as follows:

B. Presumpscot River, tributaries - Class A unless otherwise specified.

(1) All tributaries entering below the outlet of Sebago Lake - Class B.
(2) Crooked River and its tributaries, except as otherwise provided, excluding
existing impoundments and excluding that area of the river previously impounded
at Scribners Mill - Class AA.

Paraphrased comments received in support
Nick Bennett, Natural Resources Council of Maine; Lee Dassler, Western Foothills Land
Trust; Burgess K. Smith, Upland Headwaters Alliance; Nathan Whalen, Portland Water
District; Rocky Freda, Dick Walthers, Lee Margolin, Mollyockett Chapter of Trout
Unlimited; Bart Hague, Maine Congress of Lake Associations, landowner and
conservation easement grantor; Dusti Faucher, President, Friends of the Presumpscot

MDEP ReClassification Response to Comments October 29, 2008

River; William Oleszerzuk, Sebago Chapter Trout Unlimited; Jeff Reardon, New
England Conservation Director, Trout Unlimited, National Office; Roger Wheeler,
Friends of Sebago Lake; Tom Henderson, Greater Lovell Land Trust; Ron Faucher,
CPESC; Peter Lowell, Lakes Environmental Association; Francis Brautigam, Maine
Department of Inland Fisheries and Wildlife; J.R Burrows, Atlantic Salmon Federation;
Landis Hudson, Maine Rivers

o Largely undeveloped watershed and very high quality water
o Unparalleled recreational resource
o Largest tributary to Sebago Lake (provides >30% of the inflow)
o Sebago Lake is the drinking water supply to over 200,000 people (1/6

the State's population)

o Reclassification to Class AA for the entire length would protect the

Crooked from the detrimental effects of damming and impoundment

o A dam would interfere with critical aquatic life access to this natural

corridor that provides aquatic connectivity to high quality refuges in the
upper Crooked River

o Proposed dam would compromise salmon access to 66% of the available

spawning habitat of the mainstem river

o Crooked River supports diverse native fish and aquatic insect assemblages
o The Crooked provides major spawning habitat for native strain of Sebago

Lake landlocked salmon
· One of 4 indigenous populations of landlocked salmon in Maine
· One of State's 7 most significant fishery rivers (MDOC Maine Rivers

Study, 1982)

· Replacement costs of wild salmon parr approximately $97,000/year
· Replacement cost of wild adults in Sebago approximately $500,000 to

$1,000,000

· 50,000 open water angler trips; 25-30% targeted to salmon fishing

o Designated as Outstanding River segment (Title 12 MRSA Section 402)
o Purpose of the Outstanding River designation is protection of the Crooked

River's fishery resource.

Paraphrased comments received in opposition
Brad A. Plante, Town Manager of Harrison; Gordon and Lucy Reynolds,(no address or
affiliation); Curt Reynolds, citizen, Conway, NH; William Wright, MD, Society for the
Preservation of Old Mills (SPOOM), McLean VA,; Gerry Smith, citizen, Harrison;
Budne and Diane Reinke, SPOOM, Silver Spring, MD; Carol Mead, citizen, North
Bridgton, ME; Matt Tate, SPOOM, Hillsboro, WV; Richard Sykes, State Representative,
Bridgton, Harrison, Lovell, Stow and Sweden; Muffett Crowell, The Village Voice
newsletter, Harrison; Robert Vitale, Waterwheel Factory, SPOOM (no address); Elaine
Smith, Harrison Historical Society; Martha Scribner Denison, Scribner's Mill
Preservation, Inc, Harrison; Martin E. Thompson, Thompson's Mills, Oregon; Wendy
Gallant, citizen, Harrison; Ralph C. Hatt, citizen, Westbrook, ME; Jean F. Hankins,
"unofficial" town historian, Otisfield; Henry Hamilton, Otisfield Historical Society; Roy
Clark, President and Officers of the 350-member Scribner's Mill Preservation, Inc,

MDEP ReClassification Response to Comments October 29, 2008

Otisfield; Jim Hamper, State Representative, Otisfield, Oxford, Mechanic Falls; Hal
Ferguson, Chairman and Board of Selectmen, Town of Otisfield

[Section left intentionally blank; Comment Summary incomplete]

MDEP Response:

[Section left intentionally blank; Response incomplete]

Proposal for South River (The Nature Conservancy)

South River and its tributaries, tributary to the Ossipee River, Parsonsfield
upgrade from Class B to Class A (4 miles)

Recommend revising § 467.12.B as follows:

B. Saco river, tributaries, those waters lying within the State Class B unless
otherwise specified.

(4) Ossipee River Drainage, those waters lying within the State - Class B unless
otherwise specified.

(a) South River and its tributaries (Parsonsfield), those waters lying

within the State Class A

General comments in support expressed by: Josh Royte, The Nature Conservancy;
Nick Bennett, Natural Resources Council of Maine; Steve Hinchman, Conservation Law
Foundation; Landis Hudson, Maine Rivers
No comments in opposition

Proposal for Little River (The Nature Conservancy)

Little River and its tributaries, tributary to the Salmon Falls River. Berwick,
No. Berwick, Lebanon - Upgrade Class B to Class A (21 miles)

Recommend revising § 467.16.B as follows:

B. Salmon Falls River, tributaries, those waters lying within the State - Class B
unless otherwise specified.

(1) Chicks Brook (South Berwick, York) - Class A.
(2) Little River and its tributaries (Berwick, North Berwick, Lebanon) Class A

MDEP ReClassification Response to Comments October 29, 2008

Proposal for Beaver Brook (The Nature Conservancy)

Beaver Brook and its tributaries, T14 R6 WELS, T14 R5 WELS, T13 R5 WELS, Portage
Lake, Ashland, Castle Hill upgrade from Class B to Class A (West Branch, 13 miles,
East Branch, 10 miles, below confluence, 9 miles)

Recommend revising § 467.15.C(2) as follows:

(2) Aroostook River, tributaries, those waters lying within the State - Class A
unless otherwise specified.

(l)Beaver Brook and its tributaries (T14 R6 WELS, T14 R5 WELS, T13
R5 WELS, Portage Lake, Ashland, Castle Hill) Class A.

Proposal for Gardner Brook (Steve Sutter, citizen)

Gardner Brook and its tributaries, T14 R5 WELS, T13 R5 WELS, Wade
upgrade from Class B to Class A (8 miles)

Recommend revising § 467.15.C(2) as follows:

(2) Aroostook River, tributaries, those waters lying within the State - Class A
unless otherwise specified.

(m) Gardner Brook and its tributaries (T14 R5 WELS, T13 R5 WELS,

Wade ) Class A.

General comments in support expressed by: Nick Bennett, Natural Resources Council
of Maine; Steve Hinchman, Conservation Law Foundation; Landis Hudson, Maine
Rivers; Steve Sutter, citizen
No comments in opposition

Proposal for Violette Stream (The Nature Conservancy)

Violette Stream and its tributaries, from source to the confluence with Caniba Brook,
T17 R3 WELS, Van Buren upgrade from Class B to Class A (6 miles, approx.)

Recommend revising § 467.15.F as follows:

F. St. John River, minor tributaries, those waters lying within the State - Class A
unless otherwise specified.

(1) Except as otherwise classified, all minor tributaries of the St. John River
entering below the international bridge in Fort Kent, those waters lying within the
State - Class B, unless otherwise specified.

MDEP ReClassification Response to Comments October 29, 2008

(7) Violette Stream and its tributaries, from source to the confluence with Caniba
Brook (T17R3, Van Buren) Class A.

Proposal for Pemaquid River (The Nature Conservancy)

Pemaquid River, Bristol, including tributaries, freshwater riverine sections below
Pemaquid Pond - upgrade from Class B to Class A (6 miles)

Recommend revising § 468.4 as follows:

4. Lincoln County. Those waters draining directly or indirectly into tidal waters
of Lincoln County entering above the Chops, with the exception of the Sheepscot
River Basin and tributaries of the Kennebec River Estuary and Merrymeeting Bay
- Class B unless otherwise specified.

A. Bristol.

(1) Pemaquid River and its tributaries, all freshwater sections
below Pemaquid Pond Class A.

Proposal for tributaries to the Ducktrap River (The Nature Conservancy)

Ducktrap River, selected tributaries: Tucker Brook. Lincolnville - Class B to Class A
(1.2 miles) Black Brook. Lincolnville - Class B to Class A (3.5 miles) Kendall Brook.
Lincolnville - Class B to Class A (1.5 miles)

Recommend revising § 468.7 as follows:

7. Waldo County. Those waters draining directly or indirectly into tidal waters of
Waldo County - Class B, unless otherwise specified.

A. Ducktrap River from the outlet of Tilden Pond to tidewater - Class AA.

B. Black Brook (Lincolnville) - Class A.
C. Kendall Brook (Lincolnville) - Class A.

D. Tucker Brook (Lincolnville) Class A.

General comments in support expressed by: Norm Dube, Maine Dept. Marine
Resources; Mark Whiting, MDEP; Nick Bennett, Natural Resources Council of Maine;

MDEP ReClassification Response to Comments October 29, 2008

COMMENTS RECEIVED ON RECOMMENDED STATUTORY

CLARIFICATION OF ASSIGNED CLASSIFICATION BY MAINE DEP

Proposal for Grand Falls Flowage (MDEP)

Grand Falls Flowage, St Croix drainage. Princeton, Indian TWP Reservation,
Baileyville, Fowler TWP - clarify that GPA classification (not riverine Class B) applies

Recommend revising § 467.13 as follows:

13. St. Croix River Basin.

A. St. Croix River, main stem.
(2) Those waters of the impounded in the Grand Falls Flowage including

those waters between Route 1 (Princeton and Indian Township) and Black Cat
Island Grand Falls Dam - Class B GPA .

General comments in support expressed by: Steve Hinchman, Conservation Law
Foundation;
Comments neither for nor against:
William Beckwith, US Environmental Protection Agency

· What is its attainment status with regard to the Class B DO criteria that are

currently applicable, and has there been any analysis against Maine's biological
criteria?

MDEP Response:
The dissolved oxygen profile of Grand Falls Flowage (GFF) demonstrates it acts like a
lake. The maximum depth of dissolved oxygen measurement is about 6 meters and the
maximum measured depth on available maps is a little over 7 meters. GFF has a very
dendritic shape with numerous "fingers" of relatively isolated water in the embayments
of tributaries, thus there could be areas of lower dissolved oxygen due to characteristics
of basin shape and hydrology; however MDEP would have no interest or ability to
intervene to change any naturally occurring patterns of low DO levels in GFF if not
caused by human activities. The clarification that this is all Class GPA would function to
make standards and prohibitions on activities more stringent, rather than loosening
management standards on the waterbody. No discharges are allowed to GPA waters thus
there can be no loading that might lower DO. GPA Shoreland Zoning and Natural
Resource Protection Act provisions for lakes are in general more stringent than those for
Class B rivers and streams. MDEP does not have biomonitoring data on Grand Falls
Flowage.

Proposal for Long Creek (City of Westbrook)

Long Creek, So. Portland, Westbrook; propose clarification of a segment of Long Creek
in Westbrook. Clarify that Class C applies (0.3 miles approx)
Recommend revising § 468.1 as follows:

MDEP ReClassification Response to Comments October 29, 2008

1. Cumberland County. Those waters draining directly or indirectly into tidal waters
of Cumberland County, with the exception of the Androscoggin River Basin, the
Presumpscot River Basin, the Royal River Basin and tributaries of the Androscoggin
River Estuary and Merrymeeting Bay, entering above the Chops - Class B unless
otherwise specified.

E. Westbrook

1. Long Creek - Class C

Paraphrased comments received in opposition:
Steve Hinchman, Conservation Law Foundation

1. The anti-degradation provisions of the U.S. Clean Water Act (CWA) require that

existing uses and the water quality necessary to sustain those uses must be
protected;

2. Further, a state may not downgrade the class of a segment if that would eliminate

or impair an existing use.

3. Conservation Law Foundation (CLF) opposes the recommendation to clarify the

classification of Long Creek; it was designated Class B in Westbrook in 1990;
there is no ambiguity in the classification and the Department does not contend
the stream was mislabeled.

4. There is no process to "clarify" a longstanding classification;
5. The board may not recommend downgrading waters that fail to attain a designated

use unless it has been determined through a Use Attainability Analysis (UAA)
that that use is not attainable through effluent limits or national performance
standards.

6. There has been no attempt to regulate stormwater discharges on Long Creek
7. CLF has filed a petition with US EPA seeking to determine if stormwater

discharges (from hotels, golf courses, office buildings, big-box stores) contribute
to non-attainment in Long Creek

8. The State must require pollution controls and determine whether Class B is

legally attainable, and then conduct a UAA before a downgrade can be proposed.

9. The Board should reject the proposed lowering of standards and instead direct the

Department to implement stormwater controls as needed to meet water quality
standards.

MDEP Response:
The Department supports the City of Westbrook proposal to manage all of the Long
Creek mainstem as Class C because in extensively developed urban areas such as Long
Creek, Class C represents a realistic and attainable goal and the short Class B segment
cannot be expected to attain Class B standards unless the entire upper Class C segment is
restored to Class B as well. We do not agree that the current classification is
unambiguous; it is the Department's conclusion that the portion of Long Creek that flows
through Westbrook was "mis-labeled". To explain, prior to the 1986 revision of water
quality standards all of Long Creek was Classified C as stated in the Protection and
Improvement of Maine Waters 1971, Title 38 Chapter 3 §369 Coastal Streams:
Cumberland County:

MDEP ReClassification Response to Comments October 29, 2008

1. "All coastal streams, direct and indirect segments thereof,

draining to tidewater of Cumberland County, not otherwise
specified - Class C

o In the1986 revision of water quality standards, §369 was rescinded and replaced

with §468. At that time all of Long Creek remained as Class C per §468.1.A .
Class C was used as the default class for Cumberland County and those waters
that were of higher recommended quality continued to be identified by segment.

o In 1990, classifications in §468 were revised and rewritten using a format where

Class B was established as the default classification for Cumberland County (to
be consistent for all counties in the state), and waters of higher or lower quality
were identified by segment, or in the case of certain municipalities (Portland,
South Portland, Scarborough) by all segments in those municipalities. Small
headwater segments crossing municipal boundaries were not specifically
identified as changed in the general default language, and thus the confusion of
class assignment for certain stream fragments that cross town boundaries or serve
as town boundaries.

Two examples, in addition to Long Creek, of such classification fragments are included
in this ReClassification proposal: Trout Brook, where half the stream channel is Class B
and half the stream channel is Class C, as directed by town boundary class defaults; and
the Nonesuch River which changes from Class C to Class B and then back to Class C
across town lines within the distance of less than 1 mile in Scarborough and Gorham (see
following two proposals).

The history of Long Creek is that it had always been Class C, for its entirety, as far back
as Maine has had a classification system (1950s), until the change of format in 1990. It
is reasonable to assume that the intent, by noting the specific designation waters in South
Portland and Portland as Class C by the Legislature, was that Long Creek would continue
to be managed as Class C. It would not have been the intent of the Department to
recommend these small stream fragments should have a different management class or
that these small fragments could be effectively managed with multiple classes. This is a
simple error that occurred when the law was revised to improve consistency, but which of
itself, created inconsistency for certain streams.

We agree with comments #1 and #2 regarding antidegradation protection of existing uses
and the need for Use Attainability Analyses prior to lowering the standards that apply to a
waterbody. However the State has clarified illogical or erroneous classifications of
waterbodies in the past, where the Department deemed that management activities would
be clarified and no change in actual water quality would result from the change. For
example, in 2003 the Department proposed and the BEP and Legislature supported
changing the classification of the Dennys River from Class AA to Class B in a small tidal
section. It was found that tidewater extended upstream of the Route 1 boundary of the
Class AA segment therefore pushing "Class B water" upstream into the Class AA reach.
The Class AA to Class B boundary was moved upriver about 0.5 mile to address this
error. This change was made without declaring a downgrade and without a UAA because

MDEP ReClassification Response to Comments October 29, 2008

there was no actual change in water quality management goals for the segment. In the
case of Long Creek, the 0.3 mile long segment in question is currently on the 303d list of
impaired waters and does not attain Class B standards. The stream is Class C above and
below the segment in question. MDEP practices a data-driven monitoring and
assessment process that has considerable credibility. It requires demonstration of
attainment of biological criteria, dissolved oxygen and bacteria standards of the assigned
classification. From a technical basis Long Creek cannot be expected to attain Class B in
the short segment in Westbrook only. To attain Class B standards for the short Class B
segment in Westbrook would inevitably require restoration actions on the Class C
upstream waters that would in effect impose an upgrade to Class B standards for the
segments of Long Creek in South Portland. A Use Attainability Analysis requires a
significant investment of human and fiscal resources to accomplish and the 0.3 mile Class
B segment of Long Creek would not be a candidate for Use Attainability Analysis. In
most instances the Department would agree with the statements made in comments #5-9
but, as described above, unique circumstances exist for Long Creek that led the
Department to reach the conclusions that it did.

Proposal for Trout Brook (MDEP)

Trout Brook. Cape Elizabeth, South Portland clarify Class C status (0.7 miles)

Recommend revising § 468.1 as follows:

D. South Portland.

(1) All minor drainages, unless otherwise specified - Class C.

(2) Waters of Trout Brook downstream of the first point where the stream
becomes the town boundary between So. Portland and Cape Elizabeth Class C

No comments received

Proposal for Nonesuch River (MDEP)

Nonesuch River, tributary to the Fore River. Scarborough, Gorham Clarify that Class B
applies to upper Nonesuch River

Recommend revising § 468.1 as follows:

1. Cumberland County. Those waters draining directly or indirectly into tidal
waters of Cumberland County, with the exception of the Androscoggin River Basin,
the Presumpscot River Basin, the Royal River Basin and tributaries of the
Androscoggin River Estuary and Merrymeeting Bay, entering above the Chops -
Class B unless otherwise specified.

C. Scarborough.

(1) All minor drainages - Class C unless otherwise specified.
(2) Finnard Brook - Class B.
(3) Stuart Brook - Class B.

MDEP ReClassification Response to Comments October 29, 2008

(4) Nonesuch River- from the headwaters to a point 0.5 mile downstream
of Mitchell Hill Rd crossing Class B.

General comments in support expressed by: Betty McInnes, representing the District
Board of the Cumberland County Soil and Water Conservation District; Nick Bennett,
Natural Resources Council of Maine; Steve Hinchman, Conservation Law Foundation;
Landis Hudson, Maine Rivers; John Burrows, Atlantic Salmon Federation.
No comments in opposition

Proposal for tributaries of the Stroudwater River (MDEP)

Stroudwater River, tributaries: South Branch Stroudwater River. Scarborough clarify
Class B status (0.5 miles); Fogg Brook. Scarborough clarify Class B status (1.2 miles)
Silver Brook. Scarborough clarify Class B status (2.5 miles)

Recommend revising § 468.1 as follows:

B. Portland.

(1) All minor drainages unless otherwise specified - Class C.

(2) Stroudwater River from its origin to tidewater, including all tributaries - Class
B.

1. DEP should place a higher priority on restoration of the Stroudwater River
2. Any improvements in water quality on the Stroudwater River will also improve

the Fore River and Casco Bay

3. State and federal action on the Stroudwater Rver is long overdue

No comments in opposition

Proposal to change classification landmark, St. John River (MDEP)

St. John River. Fort Kent Change the landmark used to designate class change from
Class A to B

Recommend revising § 467.15 as follows:

15. St. John River Basin.

A. St. John River, main stem.

(2) From a point located one mile above the foot of Big Rapids in
Allagash to a point one one-half mile above the confluence with the Fish

MDEP ReClassification Response to Comments October 29, 2008

River the international bridge in Fort Kent, those waters lying within the
State, including all impoundments - Class A.
(3) From a point one one-half mile above the confluence with the Fish
River the international bridge in Fort Kent to the international bridge in
Madawaska, those waters lying within the State, including all
impoundments - Class B.

Comments neither for nor against:
William Beckwith, US Environmental Protection Agency

· Would the amount of river miles of Class A be lowered with the new landmark?
· If so can you designate the transition as "the measured distance from the Fish

River to the former location of the International Bridge"?

MDEP Response:
In response to this suggestion the Department has revised the draft language above to
make the classification transition correspond to the currently existing location of the
boundary, which is one-half mile upstream of the Fish River confluence. The Department
agrees that the proposal as originally worded would have changed the amount of Class A
versus Class B river miles by a small amount.

No comments in opposition

Proposal to conduct a Use Attainability Analysis of Jepson Brook (City of Lewiston)

Jepson Brook, tributary to the Androscoggin River, petition for Use Attainability
Analysis (UAA) to determine highest attainable goals; currently Class B (impaired).
Propose to change designated uses of the channelized section to a lower, UAA-
determined goal condition (2.09 miles); and to change the classification of the remaining
natural channel section to Class C (0.17 miles).

Paraphrased comments received in opposition:
Steve Hinchman, Conservation Law Foundation

1. The Department has never tried to implement effluent controls on stormwater

discharges to Jepson Brook, nor implement channel restoration or
"daylighting" of underground sections to improve water quality, thus the
Department has no basis for determining that attainment is not possible.

2. The Department should first identify, through a TMDL process and/or

residual designation authority, those discharges that contribute to non-
attainment to identify where pollution controls should be implemented.

3. The Department should also analyze potential modifications to restore or

improve hydrologic conditions.

4. The Board may not recommend downgrading waters that fail to attain a

designated use unless it has been determined through a Use Attainability
Analysis (UAA) that that use is not attainable through effluent limits or
national performance standards.

5. The UAA should only be used as a measure of last resort.

MDEP ReClassification Response to Comments October 29, 2008

MDEP Response:
Jepson Brook in Lewiston is confined within a concrete channel for more than 80% of its
length. Only the lower 800 feet before the confluence with the Androscoggin River
remains as natural channel. The first documented stream channel alteration occurred in
the mid-1970s. Jepson Brook is severely impaired due to the elimination of habitat for
aquatic life due to channelization, the effects of a highly altered flow regime, and poor
water quality. It is on the 303d list of impaired waters. While effluent controls on
stormwater might be expected to lower levels of bacteria and toxic chemicals in Jepson
Brook it is the Department's judgment that Class B biological criteria cannot be attained
in a concrete channel. The narrative aquatic life use standard for Class B requires that
there be "no detrimental change in aquatic life".

[Section left intentionally blank; Response Summary for Jepson Brook
is incomplete]

MDEP ReClassification Response to Comments October 29, 2008

COMMENTS RECEIVED ON PROPOSALS NOT SUPPORTED BY MAINE DEP

Proposal for Lower Androscoggin River (Friends of Merrymeeting Bay)

Androscoggin River mainstem, Lisbon Falls, from Durham Boat Launch or Worumbo
Dam, to mouth of the Androscoggin in Merrymeeting Bay (line between Pleasant Pt.,
Topsham and North Bath). Propose Class C to Class B (14 miles approx).

Paraphrased comments received in support of the Lower Androscoggin proposal
Ed Friedman, Friends of Merrymeeting Bay; Laurence Faiman and DeWitt John,
Androscoggin River Alliance; Angela Twitchell, Brunswick Topsham Landtrust; John
Berry, Merrymeeting Audubon Society; Steve Hinchman, Conservation Law Foundation;
Nick Bennett, Natural Resources Council of Maine; Peter Milholland, Friends of Casco
Bay; Donald Gerrish, Town of Brunswick; Board of Selectmen, Town of Durham; James
A. Bennett, City of Lewiston; Michelle Jones and Board of Selectmen, Town of
Topsham; Normand Lamie, Auburn Sewerage District; Elizabeth Bouve; Susan Chadima,
Monty and Moe Kalloch; William Van Twisk; Ruth Gabey; Helen c. Watts, PE, SECB;
Jean Baker Stein; Lois Kilby-Chesley; Stephen Bamberger; Jim Gillies; Ralph Pope;
Chester Gillis; Kathryn Thorson, private citizens and members of FOMB

1. Friends of Merrymeeting Bay (FOMB) has 6 yrs of water quality data

showing attainment of Class B dissolved oxygen standards; bacteria criteria
are nearly always in attainment;

2. FOMB data has been used by MDEP as the basis for the upgrade of other

rivers in the past (e.g., the lower Kennebec River)

3. FOMB has collected high quality data and has followed good quality

assurance practices; the data should be used to justify this upgrade;

4. Friends of Casco Bay (FOCB) has assisted FOMB in providing training and

sample collection protocols, kit preparation and quality assurance measures
and has re-trained oversight of FOMB volunteers since 1999; Friends of
Casco Bay has had an EPA approved Quality Assurance Project Plan (QAPP)
since 1995

5. Both FOCB and FOMB collect DO, pH, temperature, salinity, and water

clarity; FOMB also collects turbidity and coliform data.

6. The CWA and Maine water quality law state "where existing water quality

standards specify designated uses less than those which are presently being
attained the state shall revise its standards to reflect the uses actually being
attained"; thus, if a given waterbody meets a classification higher than its
designated use the Board must recommend that it be upgraded;

7. It is illegal and illogical for the Department to require a showing of attainment

of WQC for a proposed higher class at "maximum licensed loads"- no
facilities operate at maximum licensed loads. The Board's analysis must be
based on existing water quality, not modeled water quality at maximum loads.

8. Class B standards are currently being attained so it is our understanding that

no additional expenditures, now or in the future would be required to

MDEP ReClassification Response to Comments October 29, 2008

accomplish this upgrade. There will be no adverse economic impacts to
existing industrial uses of the Androscoggin River because Class B has been
met for years;

9. Clean rivers enhance local economy and provide an economic boon to

surrounding communities; can't understand how it could have an adverse
impact; the Androscoggin River deserves to finally be on par with the other
important rivers in the state.

No comments in opposition

MDEP Response:

The Department does not agree that the six years of data collected by Friends of
Merrymeeting Bay (FOMB) demonstrate attainment of Class B standards in the Lower
Androscoggin River. Unfortunately FOMB did not seek any information about data
quality and sampling design requirements needed to justify a water quality classification
upgrade prior to embarking on their sampling program or submitting their upgrade
proposal. Data were not shared or discussed with MDEP until the proposal was
submitted on June 30, 2008. This resulted in lack of opportunities for MDEP to advise
FOMB about sampling design requirement and data quality objectives for data intended
for MDEP decision-making. The Department has a long standing policy that data to be
used in formal water quality assessment decisions (such as 305b or 303d "impaired
waters" listing or ReClassification) require, at a minimum, technical consultation with
MDEP in the developmental stages and approval of the intended sampling design
approach, data elements, and provisions for data quality assurance. Alternatively MDEP
will accept an EPA-approved Quality Assurance Project Plan (QAPP), which is required
of entities receiving federal water quality funding. These practices have been followed
by Friends of Casco Bay (EPA-approved QAPP), the Saco River Corridor Commission,
the Sheepscot Valley Conservation Association, Presumpscot Riverwatch and the
Penobscot Indian Nation, among others, and consequently the Department regularly uses
available data from such organizations when making assessment decisions. In regard to
comment #2, FOMB data was helpful as corroborative evidence, however the upgrade of
the Kennebec River in 2002 was based on a well-calibrated river model using MDEP data
from two intensive surveys taken over two sampling years.

MDEP agrees that the data points that have been collected by FOMB show attainment of
Class B DO criteria at sampled times and locations. However, the sampling design
followed by FOMB is insufficient to confirm attainment throughout the segment at
critical conditions. Maine water quality law allows for wastewater discharges that do not
cause the receiving waters to fall below the standards of their designated classification
(38 MRSA §464(4). Maine water quality law (38 MRSA §464(4)(D) and the MDEP
antidegradation policy (MDEP Antidegradation memo from Brian Kavanah 6/13/2001,
Doc.#DEPLW0267) specifically require the MDEP to evaluate discharger compliance
with water quality criteria at "critical conditions" using actual or modeled 7Q10 flows
and licensed loads,. Models are developed based on licensed loads and low river flows in
order to acquire a clear understanding of the effects of critical conditions to ensure that
resources will be protected for all allowed activities.

MDEP ReClassification Response to Comments October 29, 2008

FOMB maintains 3 sampling stations (apparently at boat ramps- no specific site
description was provided). Dissolved oxygen readings are apparently taken from
wadable depths (no depth records are provided). The Department has not initiated an
intensive monitoring survey of the Lower Androscoggin River due to strategic planning
decisions relative to other priority segments of the Androscoggin and other major rivers.
Thus, there is no water quality model for the Lower Androscoggin River, there is no
depth transect data from impounded areas, no cross-sectional transect data and no diurnal
dissolved oxygen data. Further no analysis has been conducted to examine correlations
between loading data and observations of attainment, nor any examination of correlation
of observed DO attainment with river flow data. There is also no recent biomonitoring
data to confirm attainment of aquatic life uses.

MDEP has cause for concerns about attainment because portions of the segment are
impounded by two dams downstream of the Worumbo Dam (Pejepscot Dam and
Brunswick Dam) raising concerns about the effect of altered hydrologic conditions on
dissolved oxygen attainment and potentially on attainment of biocriteria as well. The
Lower Androscoggin also receives input from several major Class C tributaries that have
significant eutrophication/nutrient issues (Little Androscoggin River; Sabattus River) and
issues with licensed loads into the upper river are well-recognized. The Lower
Androscoggin River does not receive significant inputs from high water quality
tributaries that might ameliorate these combined effects.

Due to the above considerations, we do not agree that it is responsible or accurate to
make the contention in Comment #8 that "no additional expenditures, now or in the
future" would be required to accomplish this upgrade. MDEP has not conducted an
analysis of what provisions might be required to secure attainment of the standards and
criteria for Class B under critical conditions, as required. There exists a real possibility
that additional expenditures would be necessary to improve wastewater treatment for
some or all dischargers on the Androscoggin River.

The Department strongly agrees that clean, healthy, aesthetically-appealing rivers provide
many tangible and intangible benefits to the State and to local economies and citizens.
The Department's position is that progress toward that end requires a well-developed
understanding of the actual economic impact, for all users of the river, of imposing more
stringent water quality standards on any proposed segment.

The Department would propose working directly with FOMB and other citizen's
organizations on the Androscoggin to craft an ambient water quality monitoring program
under the auspices of our newly launched Volunteer River Monitoring Program. This
program will formalize and expand our relationship with citizen organizations by
providing technical assistance and equipment for water quality monitoring. We would
welcome the participation of FOMB and others on the Androscoggin in this effort.

MDEP ReClassification Response to Comments October 29, 2008

Proposal for the Aroostook River

Segment A. Aroostook River from its confluence with Presque Isle Stream to a point
located 3.0 miles upstream of the intake of the Caribou water supply, including all
impoundments. Presque Isle, Caribou - Class C to Class B (10 miles)
Segment B. Aroostook River from a point located 100 yards downstream of the intake of
the Caribou water supply to the international boundary, including all impoundments.
Caribou, Fort Fairfield - Class C to Class B (18 miles)

Paraphrased comments received in support of the submitted proposal:
Steve Sutter, Presque Isle, Maine; Pamela and Wayne Sweetser, Presque Isle, Maine;
Nick Bennett, Natural Resources Council of Maine; Steve Hinchman, Conservation Law
Foundation;

1. The Aroostook River was proposed for upgrade from Class C to Class B in 2002

and 2008;

2. The 2002 Aroostook River Data Report shows that all sampled locations from

Presque Isle Stream to the Canadian border met and often exceeded Class B
dissolved oxygen (DO) standards of 7 ppm.

3. The USGS site near Caribou also recorded July and August DO readings of 8.4

and 9, respectively.

4. Paul Mitnik stated that the Aroostook River water quality modeling report was

based on an excellent 7Q10 dataset and resulted in a well-calibrated model that
predicted attainment of Class B DO from Presque Isle to Caribou at maximum
loads .

5. A risk of algae blooms was predicted by the model but algae blooms are already

prohibited by the "swimmable" standard and should not be used to prohibit an
upgrade;

6. The modeling report states that phosphorus should be reduced by more than 50%

to eliminate algae blooms; the most important sources of phosphorus are McCain
Foods in Presque Isle;

7. If phosphorus has not been reduced since the 2004 modeling report

recommendations then the Board should be concerned that MDEP has failed to
carry out its responsibility to protect Aroostook River water quality

8. BOD

and TSS standards were issued in 1977 by US EPA and treatment

technologies have undoubtedly improved since then. Most recent EPA data
shows BOD

loads of discharges on the Aroostook are most likely below 35% of

maximum licensed loads.

9. The river showed attainment of Class B biocriteria one mile downstream of

McCain Foods in August 2001 during a drought that resulted in 7Q10 flows;

10. In August 2001 total phosphorus (TP) was measured by MDEP at 3 stations

between Presque Isle and Caribou when McCain was discharging at 76% of
licensed loads; the range of TP was 11-26 ppb. According to Draft phosphorus
limits proposed by MDEP for the new nutrient criteria rule, the measured
phosphorus concentration in the Aroostook River in August 2001 was closer to
Class A phosphorus criteria than Class B.

MDEP ReClassification Response to Comments October 29, 2008

11. MDEP's assertions are weak that an upgrade requires attainment at maximum

loadings and under a pending nutrient criteria scenario but they are being used to
thwart a strong upgrade proposal;

12. Waste assimilation in not a designated use of Maine waters
13. This upgrade proposal should be recommended to the Legislature based on Title

38 MRSA 464.4.F(4) that state: "When the actual quality of any classified water
exceeds the minimum standards of the next higher class that higher water quality
must be maintained and protected. The Board shall recommend to the Legislature
that that water be reclassified in the next higher class."

14. We realize that it may increase taxes and result in loss of profits to industry to

find alternative repositories for industrial and human waste but as ordinary
citizens whose only agenda is an environmentally viable future for our children
and grandchildren that includes clean air, water and soil we earnestly support the
upgrades of the Aroostook River.

15. If the Board adopts the MDEP recommendations and does not propose the

Aroostook for upgrade then it should require MDEP to explain what it has done to
improve water quality in the Aroostook River during the last four years and to
submit a written plan and commitment for upgrade by a date certain.

Paraphrased comments received in opposition to the submitted proposal:
Douglas Hahn, McCain Foods; Nathan Berry and Barbara Pitcairn, LEAD: Leaders
Encouraging Aroostook Development; Alan Hitchcock, Caribou Utilities District;
Timothy Hobbs, Maine Potato Board

1. A healthy river has a beneficial effect on the economy and tourism of Aroostook

County and we do not oppose improving water quality

2. The re-designation of the segment of the Aroostook River from Washburn to

Caribou is premature due to an incomplete picture of the river's health and the
undefined impact on McCain Foods and other river dischargers

3. Upcoming nutrient criteria, mandated by US EPA, create a situation of

uncertainty and make it necessary to conduct further biomonitoring and nutrient
studies to predict whether the Aroostook will meet Class B or even Class C
nutrient criteria;

4. The struggling economy and increased fuel costs make it imperative to be realistic

about any new regulations that could affect the ability of industries to operate
profitably in Aroostook County

5. An upward reclassification may have serious implications for future industrial

development in towns and cities along the Aroostook River.

6. The City of Caribou formerly had 3 potato processing plants discharging to the

Caribou Utilities District (CUD) treatment plant and CUD still retains the right to
petition MDEP for an increase in its current permit limits if and when any new
industry locates in Caribou; reclassification may negatively impact this effort.

7. Upward reclassification is not reversible.

MDEP Response:
We agree that upgrade of the Aroostook River from Presque Isle to Caribou should occur
as soon as factual information can be obtained about what would be required of

MDEP ReClassification Response to Comments October 29, 2008

dischargers in order for the River to attain all applicable standards and criteria for Class
B. The 2004 Aroostook River Modeling Report showed sampled and modeled
attainment of dissolved oxygen criteria for Class C and Class B at all sampled locations.
The potential for lower dissolved oxygen levels than measured or modeled is a possibility
due to wide diurnal swings of dissolved oxygen (6-10 mg/L) caused by the high nutrient
loads, but the risk of non-attainment in terms of the upcoming guidance for nutrient
indicators is the more immediate cause for postponing upgrade to Class B. Maine's draft
nutrient indicators are based not only on nutrient concentrations but also on evidence of
the effects of excess nutrients on system responses such as excessive periphyton growth,
algae blooms, abnormal pH and other indicators of detrimental effects. The high levels
of plant growth (periphyton and floating algae) that are caused by high available nutrients
often cause a paradoxical effect of lowering water column nutrient concentrations
because the plant growth rapidly strips the dissolved phosphorus from the water. For this
reason, the somewhat low phosphorus concentrations observed in the Aroostook River do
not reassure MDEP that there is not a nutrient problem. The Aroostook River is a good
example of why MDEP has designed the nutrient rule to consider environmental effects
of nutrients rather than concentration alone. The 2004 modeling report predicted likely
algal blooms in 13 to 23 river miles from Presque Isle to Fort Fairfield with Chl a levels
predicted as high as 17 ppb. The modeling report also recorded extensive growths of
periphyton and pH levels near 9.0. The Aroostook River receives such a high phosphorus
load that it is no longer phosphorus limited. Point sources at licensed conditions account
for about 87% and 96% of the total BOD and total phosphorus (TP) loads. Large
reductions of point source phosphorus may be needed to reduce algae to a non-eutrophic
state in the Aroostook River, but the ultimate level of reduction required to ensure
attainment with the draft nutrient criteria is the unknown. Permits issued to the
Aroostook River dischargers since the issuance of the 2004 Aroostook River Modeling
Report have contained phosphorus limits and/or monitoring requirements consistent with
the findings of the report. And consistent with the report, the permits include notes that
phosphorus limits may need to be re-evaluated in the future after nutrient criteria are
finalized and after any additional data is collected on the river.

The Water Quality Classification law states that it is "the State's objective to restore and
maintain the chemical, physical and biological integrity of the State's waters". The new
nutrient rule will introduce a means to address long-standing concerns with phosphorus,
whether the river remains Class C or is upgraded to Class B. The Department's position
on reclassification in general is that it is appropriate to provide as complete information
as possible about what financial or other obligations could be imposed upon dischargers
who will be directly affected by the change in criteria. The Department agrees with the
importance of aggressively implementing all reasonable and cost-effective measures to
reduce phosphorus loading from the Aroostook River discharges; the upcoming nutrient
rule will be instrumental in providing the regulatory structure to accomplish the
improvements.