Mark Hasselmann, FHWA Right of Way and Environment Program Manager Kevin Moody, FHWA Environmental Protection Specialist Brian Smith Environmental Biology/Water Quality Specialist FHWA "Brian Yanchik" FHWA NEPA Paul Garrett, U.S. DOT, FHWA, Wetland assessment ----------------------------------------------------------------------- 2007 Page 1 of 1 McDade, Jonathan From: Hasselmann, Mark Sent: Friday, February 16, 2007 3:56 PM To: Kleskovic, Peter; Dymond, Ken; Gamble, Dave Cc: McDade, Jonathan Subject: RE: 4(f) Videoconference -Sears Island Attachments: Section 4(f) questions for FHWA mh comments (2).doc I am available. The attached was previously provided to MaineDOT after consulting with Ken. mh --------------------------------------------------------------------------------------- From: Kleskovic, Peter Sent: Friday, February 16, 2007 3:46 PM To: Dymond, Ken; Gamble, Dave; Hasselmann, Mark Cc: McDade, Jonathan Subject: 4(f) Videoconference -Sears Island Ken, Dave, and Mark: Would be you be available sometime during the week of February 26 for a videoconference regarding Sears Island. Commissioner Cole would like to discuss the issue of setting up a conservation easement for part of the island while still preserving the potential for port development and protecting themselves from 4(f) later on. Karen Tilburg who is facilitating this from the Governor's Office would also sit in. Given the past history, I think the State is really gun-shy about Sears Island and wants to make sure they have crossed all the i's and dotted the tee's. Peter Kleskovic, PE Assistant Division Administrator FHWA Maine Division 207-622-8350, 105 207-626-9133 ------------------------------------------------------------------------------ (attached to above) Section 4(f) Scenario and Questions Scenario: The Department of Transportation (DOT) owns Sears Island, a 940 acre uninhabited island off the coast which is connected to the mainland via a causeway. The DOT has a long range plan to develop a cargo port on the northwest part of the island. This would utilize approximately 300 acres of the 940. The cargo port would add a deep water port, cargo operating facilities, increased noise and light levels, increased truck traffic, as well as a new shipping route along the western side of the island. There is a public entity that is interested in negotiating a 600 acre easement for recreational purposes that would take effect before the cargo port development. This easement would be adjacent to the future cargo port. Question 1: Is there any way for the DOT to provide this easement to the public entity without future risk of triggering Section 4(f) for the cargo port development? Yes, under current FHWA policy a joint development both outlining the recreational easement area and reserving the transportation facility area is appropriate. The joint development must evidence the contemporaneous establishment of the transportation reservation and recreational easement. Question 2.- Would the proposed 23 CFR part 774 rulemaking in the July 27, 2006 Federal Register (when approved) allow the DOT to provide this easement for public recreation without triggering Section 4(f) when the cargo port was developed? We cannot speculate on the proposed rulemaking, however, the best approach would seem to be a joint use declaration by filing mapping, deeds, and the agreement in the appropriate land records office. Question 3.- What is the best approach to successfully completing the long range plan of a cargo port on the northwest shore of the island and allowing public recreation on a large portion of the remaining part of the island without triggering 4(f)? We provide the following approaches which may be useful: 1) Provide preliminary plans, titles, and written agreements showing both the reserved recreational area and the reserved transportation area for land records recording, 2) These same land records should be kept in the project records along with the written agreements. , 3) File an affidavit in the land records (re)citing the history and documentation on this issue. 4)Obtain concurrence of all agencies with jurisdiction by law. [[Deleted: paragraph? or question 3.(1) Side notes unclear. -rh] ------------------------------------------- Hasselmann, Mark From: Gardner, David [David.Gardner@maine.gov] Sent: Friday, September 28, 2007 9:07 AM Subject: October 2007 agenda.doc To: kern.mark@epa.gov; Adams, Jeff, Anderson, Devin; andrea.quaid@mail.house.gov; Annis, Ryan; Baker, Norman; Bernhardt, David; Bostwick, Richard; Bullard, Bill; Burdick, Doug B; Charette, Russ; Clark, Michael; Clukey, Robin; Condon, Ben; Cowan, Heath; Crawford, Richard; Damon, Jessica; Devin, John; Dickson, Stephen M.; Docherty, Molly; Dority, John; Dorrell, Karen; Doughty, Dale; Doughty, Dwight; Douglass, Jerry; Dube, Norm; Duval, Margaret; Faucher, Raymond; Foley, Brad; Foster, Ben; Frankhauser Jr, Wayne; Fuller, Kathy; Gates, Judy; Glidden, Andrea; Green, Robert; Hale, Galen; Haley, Kristen J; Hallowell, Dawn; Hanscom, Ed; Hebson, Charles; Hodgman, Ryan; Jay.L.Clement@USACE.army.mil; Jeff Murphy; Jergensen, Kurt E; Johnson, Mike D; Kittredge, Joel; Kokemuller, Linda K; Lane, Meg E; Lickus, Mark; Lindsey, Judy; Mann, Chris A; Marcy Scott; Hasselmann, Mark; Michaud, Fred; Mohney, Kirk; Nadeau, Gregory; Newkirk, Peter; Nichols, Joshua; Obery, Danielle; O'Bryon, Jennifer; Pelletier, Todd; Perez, Tracy; Perry, John; Peter Butler; Poirier, Rhonda; Pottle, Paul; Price, Anna; Pulver, William; Renaud, Rebecca L; Richardson, Marybeth; Rollins, Scott; Rooney, Martin; Rowe, Laurie; Scott, Duane; Sean. McDermott@NOAA.gov; Shettleworth, Earle; Spiess, Arthur; St.Hilaire, Lisa; Stanley, Jared; Stebbins, Kathryn; Steele, Matt; Stewart, Dan; Swan, Brian; Sweeney, Ken; Taylor, Joyce; Tierney, Dan; timmermann.timothy@epa.gov; Timpano, Steve; Tischbein, Peter NAE; Trish garrigan; VanDusen, Deane; Webster, Ralph; Wende_Mahaney@fws.gov; Wentworth, Jim Subject: October 2007 agenda.doc Attachments: October 2007 agenda.doc October 2007 enda.doc (40 K) Please see the attached October 9, 2007 Interagency Meeting Agenda. Thanks. <> 57 ------------------------------------------------------------------------------------ Hasselmann, Mark From: Gamble, Dave Sent: Wednesday, December 19, 2007 3:00 PM To: Hasselmann, Mark Subject: RE: New 4F Rules Mark, did you ever hear back from Lamar or Marlys on this? If they did, they never copied me. What did you find out? ------------------------------------------------------------------------- From: Hasselmann, Mark Sent: Friday, December 14, 2007 3:04 PM To: Smith, Lamar ; Gamble, Dave Cc: Osterhues, Marlys Subject: FW: New 4F Rules Would you please provide a status update on the new 4(f) regulation? This is what I called about. thanks in advance. r/s mh ------------------------------------------------------------------------------------------ From: McDade, Jonathan Sent: Friday, December 14, 2007 2:53 PM To: Hasselmann, Mark Cc: Kleskovic, Peter Subject: FW: New 4F Rules Mark, Would you follow up on this request with your contacts in HQ? Thanks. Jonathan Original Message From: Cole, David A [mailto:David.A.Cole@maine.gov] Sent: Fri 12/14/2007 11:59 AM To: McDade, Jonathan Cc: Fuller, Kat; Martin, Nadine; Scott, Duane Subject: New 4F Rules Jonathan, Any idea when the new 4F rules will be finalized? The Sears Island planning process is heating up, with a fairly aggressive timetable. From my understanding of the proposed new rules from our videoconference earlier this year, they will provide somewhat of a safe harbor for a new port development in the future, based on joint use planning that anticipates a dual use of the Island. Could you check with Washington to see where this stands? Thanks! David David Cole Commissioner Maine Department of Transportation 207-624-3003 david.a.cole@maine.gov 47 ------------------------------------------------------------------ 2008 Hasselmann, Mark email file From: Hasselmann, Mark Sent: Thursday, March 06, 2008 2:02 PM To: Moody, Kevin Great idea. exactly what this latest group started with - the no build. From: Moody, Kevin Sent: Thursday, March 06, 2008 1:42 PM To: Hasselmann, Mark, Smith, Brian; Yanchik, Brian; Garrett, Paul Subject: RE: Sears Island Planning My recommendation is that ME DOT remove the causeway and dedicate the mainland shoreline to preservation. Go for the momma of all credits with no future liabilities. From: Hasselmann, Mark Sent: Wednesday, March 05, 2008 3:16 PM To: Smith, Brian; Yanchik, Brian; Moody, Kevin; Garrett, Paul Subject: Sears Island Planning fyi, two links for more info. 1 st is planning initiative, 2nd for current guidance on ratios. currently there are no federal-aid funds in this. We required a payback a few years ago. no dog in this fight if no FHWA $. http://maine.qov/doc/initiatives/Searslsland/Searslsland.shtml http://www.nae.usace.army.mil/reg/mitigaadd.pdf pg 16 ---------------------------------------------------------------------------------------------------- Hasselmann, Mark From: Kleskovic, Peter Sent: Monday, March 03, 2008 3:49 PM To: Hasselmann, Mark; McDade, Jonathan Subject: RE: March Interagency Meeting I wonder if a State DOT chooses to develop a wetland bank without FHWA money can they work out the agreement with the CORPS without us having to sign on. ------------------------------------------------- Original Message From: Hasselmann, Mark Sent: Monday, March 03, 2008 3:20 PM To: McDade, Jonathan; Kleskovic, Peter Subject: RE: March Interagency Meeting I will share with Ken Dymond as he had some input on last year on island use. We are also waiting on the new 4(f) regs. Only feedback so far is Maine Division appears to be correct regarding the maintenance issue, there may be a policy update in the near future (six months?). mh ----------------------------------------------------------------------- Original Message From: McDade, Jonathan Sent: Monday, March 03, 2008 3:09 PM To: Hasselmann, Mark; Kleskovic, Peter Subject: RE: March Interagency Meeting Mark, Thanks for the update. Are you getting any technical (e.g., HQ) help with reviewing the prospectus? Any further on the different interpretations that Deanne found from other Divisions? ---------------------------------------------------------- Original Message From: Hasselmann, Mark Sent: Monday, March 03, 2008 12:41 PM To: McDade, Jonathan; Kleskovic, Peter Subject: FW: March Interagency Meeting fyi on the draft mitigation bank proposal (Sears Island). mh ------------------------------------------------------------------------------------ Original Message From: Gardner, David [mailto:David.Gardner@maine.gov] Sent: Monday, March 03, 2008 11:09 AM To: kern.mark@epa.gov; Adams, Jeff; Anderson, Devin; andrea.quaid@mail.house.gov; Annis, Ryan; Baker, Norman; Bernhardt, David; Bostwick, Richard; Bullard, Bill; Burdick, Doug B; Cerveny, Mimi; Chamberlain, Kristen; Charette, Russ; Clark, Michael; Clukey, Robin; Condon, Ben; Coughlan, Peter; Cowan, Heath; Crawford, Richard; Damon, Jessica; Devin, John; Dickson, Stephen M.; Docherty, Molly; Dority, John; Dorrell, Karen; Doughty, Dale; Doughty, Dwight; Douglass, Jerry; Dube, Norm; Duval, Margaret; Faucher, Raymond; Foley, Brad; Foster, Ben; Frankhauser Jr, Wayne; Fuller, Kat; Gates, Judy; Glidden, Andrea; Green, Robert; Hale, Galen; Hallowell, Dawn; Hanscom, Ed; Hebson, Charles; Hodgman, Ryan; Howard, Nathan; Jay.L.Clement@USACE.army.mil; Jeff Murphy; Jergensen, Kurt E; Johnson, Mike D; Kittredge, Joel; Kokemuller, Linda K; Lane, Meg E; Lickus, Mark; Lindsey, Judy; Mann, Chris A; Marcy Scott; Hasselmann, Mark; Michaud, Fred; Mohney, Kirk; Nadeau, Gregory; Newkirk, Peter; Nichols, Joshua; Obery, Danielle; O'Bryon, Jennifer; Pelletier, Todd; Perez, Tracy; Perry, John; Peter Butler; Poirier, Rhonda; Pottle, Paul; Price, Anna; Pulver, William; Renaud, Rebecca L; Richardson, Marybeth; Rollins, Scott; Rooney, Martin; Rowe, Laurie; Scott, Duane; Sean.McDermott@NOAA.gov; Shettleworth, Earle; Spiess, Arthur; Page 29 ----------------------------------------------------- St.Hilaire, Lisa; Stancampiano, Robin; Stanley, Jared; Stebbins, Kathryn; Steele, Matt; Stewart, Dan; Swan, Brian; Sweeney, Ken; Taylor, Joyce; Tierney, Dan; timmermann.timothy@epa.gov; Timpano, Steve; Tischbein, Peter NAE; Trish garrigan; VanDusen, Deane; Webster, Ralph; Wende_Mahaney@fws.gov; Wentworth, Jim Subject: March Interagency Meeting The Interagency Meeting Agenda for March 11, 2008 is attached. I have also attached the Draft Maine DOT federal Mitigation Bank Prospectus. <> <> 30 ----------------------------------------------------------------------------- Hasselmann, Mark From: Smith, Brian Sent: Tuesday, March 04, 2008 3:31 PM To: Garrett, Paul; Hasselmann, Mark; Moody, Kevin; Yanchik, Brian Cc: Adkins, Carol ; Durbin, Dennis Subject: RE: March Interagency Meeting It seems to me that the DOT has realized that a port facility on Sears Island will not be built without an up front commitment to preserve much of the existing habitat. I do not see much explanation on crediting and debiting procedures. Crediting preservation is very, very, very inconsistent. MaineDOT should propose a credit ratio or procedure for preservation credit or get a "not less than" (10%, 20%, ?) figure established before final approval. My math finds different acreages numbers in Section 2.1 (I get 912 acres) and Section 2.2 (941 acres). The DOT may be overly optimistic about the amount of credits that will be granted. See the statement in Section 3.3, "MaineDOT's federal mitigation bank is expected to provide benefits parallel to the in lieu fee program by enhancing its efforts to restore, enhance, replace, and preserve resources based on state-wide priorities established by the workgroup." Where does preserving Sears Island habitat rank among other statewide priorities? Is this documented by the interagency workgroup? Such documentation should be attached. Creating 2-4 acres of forested wetland seems like a waste of time and a compliance nightmare. Will parking for the Center be constructed on the buffer easement? Some trails and roads will be needed in the buffer easement for management activities. Paul, it looks like MaineDOT prepared the document. ----------------------------------------------------------------------------------- Original Message From: Garrett, Paul Sent: Tuesday, March 04, 2008 12:07 PM To: Hasselmann, Mark; Smith, Brian; Moody, Kevin; Yanchik, Brian Cc: Adkins, Carol ; Durbin, Dennis Subject: RE: March Interagency Meeting Importance: High Mark, et al: I have a few problems with the document. I think a discussion would be appropriate. I am primarily concerned with a commitment by the Corps/EPA, as well as other participants, to live by and with a port facility under reasonable terms. See my notes and comments. ------------------------------------------------------------------------------------- Original Message From: Hasselmann, Mark Sent: Monday, March 03, 2008 1:30 PM To: Smith, Brian; Moody, Kevin; Yanchik, Brian; Garrett, Paul Subject: FW: March Interagency Meeting Any input of this very DRAFT bank proposal besides it would need to be set up using EPA/COE banking guidance? I do not think it has been shared with the public/committee yet. mh ------------------------------------------------------------------------------------------------ Original Message From: Gardner, David [mailto:David.Gardner@maine.gov] Sent: Monday, March 03, 2008 11:09 AM To: Subject: March Interagency Meeting The Interagency Meeting Agenda for March 11, 2008 is attached. I have also attached the Draft Maine DOT federal Mitigation Bank Prospectus. 25 ------------------------------------------------------------------------------------------------ Hasselmann, Mark From: Hasselmann, Mark Sent: Wednesday, March 05, 2008 8:54 AM To: Garrett, Paul Subject: RE: March Interagency Meeting thanks Paul for the quick turnaround. fyi - I think the agreement document (the appendix) may have already been signed. This is the same Sears Island which gave us Sierra Club v Marsh. mh ----------------------------------------- Original Message From: Garrett, Paul Sent: Tuesday, March 04, 2008 1:07 PM To: Hasselmann, Mark; Smith, Brian; Moody, Kevin; Yanchik, Brian Cc: Adkins, Carol ; Durbin, Dennis Subject: RE: March Interagency Meeting Importance: High Mark, et al: I have a few problems with the document. I think a discussion would be appropriate. I am primarily concerned with a commitment by the Corps/EPA, as well as other participants, to live by and with a port facility under reasonable terms. See my notes and comments. -------------------------------------------------------------------- Original Message From: Hasselmann, Mark Sent: Monday, March 03, 2008 1:30 PM To: Smith, Brian; Moody, Kevin; Yanchik, Brian; Garrett, Paul Subject: FW: March Interagency Meeting Any input of this very DRAFT bank proposal besides it would need to be set up using EPA/COE banking guidance? I do not think it has been shared with the public/committee yet. mh ------------------------------------------------------------------------ Original Message From: Gardner, David [mailto:David.Gardner@maine.gov] Sent: Monday, March 03, 2008 11:09 AM To: Subject: March Interagency Meeting The Interagency Meeting Agenda for March 11, 2008 is attached. I have also attached the Draft Maine DOT federal Mitigation Bank Prospectus. 24 ------------------------------------------------------------------------------------------ Hasselmann, Mark From: Smith, Brian Sent: Thursday, March 06, 2008 10:14 AM To: Garrett, Paul; Hasselmann, Mark; Yanchik, Brian; Moody, Kevin Cc: Adkins, Carol Subject: RE: Sears Island Planning The 1985 Sierra v. Marsh case was only the tip of the iceberg. They did not get very far into the proving process then. This project will get national exposure and the Corps and EPA will be under tremendous pressure. ---------------------------------------------------------------------- Original Message From: Garrett, Paul Sent: Wed 3/5/2008 3:15 PM To: Hasselmann, Mark; Smith, Brian; Yanchik, Brian; Moody, Kevin Cc: Adkins, Carol Subject: RE: Sears Island Planning Agreed. If no fed funds, we don't care and don't have a say in what they do – as an agency. On top of that, even if other fed funds are involved, if they aren't federal highway funds we're still out of the loop. ---------------------------------------------------- From: Hasselmann, Mark Sent: Wednesday, March 05, 2008 1:16 PM To: Smith, Brian; Yanchik, Brian; Moody, Kevin; Garrett, Paul Subject: Sears Island Planning fyi, two links for more info. 1st is planning initiative, 2nd for current guidance on ratios. currently there are no federal-aid funds in this. We required a payback a few years ago. no dog in this fight if no FHWA $. http://maine.gov/doc/initiatives/Searsisland/Searslsland.shtml http://www.nae.usace.army.mil/reg/mitigaadd.pdf 18 -------------------------------------------------------------------------------------------- Hasselmann, Mark From: Clement, Jay L NAE [Jay.L.Clement@usace.army.mil] Sent:Monday, February 04, 2008 9:27 AM To:Gardner, David Cc:VanDusen, Deane; Gates, Judy; WendeMahaney@fws. gov; kern.mark@epamail.epa.gov; Hasselmann, Mark; marcy.scott Subject RE: February meeting In March perhaps Judy and Deane could talk about the Department's idea for a Sears Island Mitigation Bank? ------------------------------------------------------------------------ Original Message From: Gardner, David [mailto:David.Gardner@maine.gov] Sent: Monday, February 04, 2008 8:49 AM To: kern.mark@epa.gov; Adams, Jeff; Anderson, Devin; andrea.quaid@mail.house.gov; Annis, Ryan; Baker, Norman; Bernhardt, David; Bostwick, Richard; Bullard, Bill; Burdick, Doug B; Cerveny, Mimi; Chamberlain, Kristen; Charette, Russ; Clark, Michael; Clukey, Robin; Condon, Ben; Coughlan, Peter; Cowan, Heath; Crawford, Richard; Damon, Jessica; Devin, John; Dickson, Stephen M.; Docherty, Molly; Dority, John; Dorrell, Karen; Doughty, Dale; Doughty, Dwight; Douglass, Jerry; Dube, Norm; Duval, Margaret; Faucher, Raymond; Foley, Brad; Foster, Ben; Frankhauser Jr, Wayne; Fuller, Kat; Gates, Judy; Glidden, Andrea; Green, Robert; Hale, Galen; Hallowell, Dawn; Hanscom, Ed; Hebson, Charles; Hodgman, Ryan; Howard, Nathan; Clement, Jay L NAE; Jeff Murphy; Jergensen, Kurt E; Johnson, Mike D; Kittredge, Joel; Kokemuller, Linda K; Lane, Meg E; Lickus, Mark; Lindsey, Judy; Mann, Chris A; Marcy Scott; Mark.Hasselmann@fhwa.dot.gov; Michaud, Fred; Mohney, Kirk; Nadeau, Gregory; Newkirk, Peter; Nichols, Joshua; Obery, Danielle; O'Bryon, Jennifer; Pelletier, Todd; Perez, Tracy; Perry, John; Peter Butler; Poirier, Rhonda; Pottle, Paul; Price, Anna; Pulver, William; Renaud, Rebecca L; Richardson, Marybeth; Rollins, Scott; Rooney, Martin; Rowe, Laurie; Scott, Duane; Sean.McDermott@NOAA.gov; Shettleworth, Earle; Spiess, Arthur; St.Hilaire, Lisa; Stancampiano, Robin; Stanley, Jared; Stebbins, Kathryn; Steele, Matt; Stewart, Dan; Swan, Brian; Sweeney, Ken; Taylor, Joyce; Tierney, Dan; timmermann.timothy@epa.gov; Timpano, Steve; Tischbein, Peter NAE; Trish garrigan; VanDusen, Deane; Webster, Ralph; Wende–Mahaney@fws.gov; Wentworth, Jim Subject: February meeting The February 12th Interagency meeting has been canceled. The next meeting is scheduled for March llth. David E. Gardner Environmental Team Leader (Bridge/Cultural Resources) State House Station 16 Augusta, ME 04333 Phone: 207-624-3105 Cell: 207-592-2471 Fax: 207-624-3105 Page 45