Answers
Bucksport Mill has answered the questions posed at the public meeting, and submitted electronically through this website through 11/15/2024, to the best of its ability.
** UPDATE: As of Dec. 23, 2024, answers to the second round of questions, submitted prior to Dec. 2, 2024, has been added to the bottom of this page.
You will notice several answers directing you to a state statute. Some questions posed are best answered by reference to the applicable state statute.
The links for the statutes referenced are included below.
All references to the DEP website refer to: https://www.maine.gov/dep/ftp/projects/bucksport-mill/
The statute can be located at 38 M.R.S. Sections 901 through 909, linked below
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE
38 §901. Petition for release; public notice
38 §903. Assessment of public value of dam
38 §904. Notice of failure to locate new owner
38 §905. Order for release of water
38 §906. Property transfer provisions
38 §907. Right to withdraw petition
38 §908. Municipal actions on dam ownership
Legal & Ownership Questions
What are the water rights associated with the dams? Who owns these rights, and are they saleable? In Orland’s case, when the Orland Dam was sold to the town, the water rights were retained. Why did that happen, and what is the status of those water rights now?
Water rights are extensively described in deeds and other public documentation. We would be happy to provide any additional information that might be available to an entity that has expressed a formal level of interest in performing diligence on the dam(s) and has entered into an agreement with Bucksport Mill that protects that diligence process.
Is there still an operational obligation to maintain the water level at Silver Lake to ensure it remains a water supply for Bucksport? If so, how does this align with a potential water release?
Water rights are extensively described in deeds and other public documentation, and Bucksport Mill encourages formally interested entities to review such documentation. Because Bucksport Mill is searching for a party to take ownership, it is currently focused on the transfer of such deeded obligations, rather than resolution of those obligations in the event of a water release.
Why is AIM still requiring confidentiality agreements for information related to the dams?
Bucksport Mill is requiring confidentiality agreements as part of the diligence process for potential transactions. This is standard procedure, and allows each formally interested entity to control its diligence process. The current MDEP proceeding is a public process that contemplates a private transaction, which private transaction lends itself to confidential negotiations.
While Bucksport Mill understands the community’s desire to see all information regarding the dams, a potential buyer for the dams might want to maintain the typical proprietary information to be kept confidential. Proactively violating that could hurt a potential sale of the dams, which would not be beneficial for any entities involved, or the community
Has Bucksport Mill LLC reviewed deeded rights related to lake-level maintenance and easements guaranteed to entities like the Maine Water Company or Bucksport Generation?
Bucksport Mill is aware of the relevant deeded rights and obligations.
Can the town receive copies of any title reviews or information on real estate obligations?
The deeded rights and obligations are set forth in public documents to which the Town has access. These were also provided in a supplemental filing with the Department as part of the Petition and are either already or soon will be available on the DEP website associated with this process. Any additional information that may be available would be provided in the context of a bona fide negotiation relating to a potential transfer of ownership.
Title 38 requires dam owners to act in good faith when seeking new owners. Does AIM consider their actions thus far as good faith efforts?
Bucksport Mill has acted and continues to act in good faith. It looks forward to working with interested entities who are also acting in good faith to arrange for an appropriate disposition of the dams.
Silver Lake is subject to a deeded agreement requiring its water level to be maintained at 120 feet above mean sea level. How does AIM plan to honor this obligation?
Bucksport Mill operates the system in accordance with the O&M procedures set forth in its operating manuals.
Has Bucksport Mill LLC actively marketed the dams for sale, including hiring real estate agents or listing them publicly? If so, for how long?
Bucksport Mill has engaged in discussions with various prospective parties regarding the sale of the dams since its acquisition of the paper mill. This Petition process has been initiated with the intent of getting prospective parties to the table to reach a comprehensive solution.
What expenditures have been incurred by AIM in these efforts?
All efforts to sell the dams have been managed internally by Bucksport Mill.
Do they own any other dams or lawn rights?
Bucksport Mill does not own any other dams or lakes.
What has Bucksport Mill LLC done to date to find a buyer for the dams and water rights?
Bucksport Mill has engaged in conversations with prospectively interested parties identified as potential owners. Potential owners may also be identified via the pending MDEP process.
Has Bucksport Mill LLC Listed the dams, property and water rights for sale publicly?
No third party public listing of property for sale or public auction has been pursued.
For how long? When was it listed? Have they hired a real estate agent? What expense has Bucksport Mill LLC incurred in the attempt to sell the property?
See above.
Do the obligations associated with past agreements, such as maintaining water levels, remain valid?
Bucksport Mill continues to abide by all existing agreements in place in connection with the lakes and dams.
Was there a financial agreement in the sale to Whole Oceans to maintain specific water levels, and if so, what were the terms?
Any confidential financial or commercial information will be addressed as part of a diligence conducted by formally interested entities.
If no new owner is found, who will own the dams and dam property if the water is released?
The Petition process minimally addresses real estate rights and obligations. Please see Section 906 regarding Department requirements when the property is transferred. Please see Section 905 on the impact of the order on real estate rights.
Are the three dams only being sold as a package or can a qualified entity take ownership of only one dam?
The dams can be divested as a package or individually.
What will happen to the pump station and pipeline that goes between Alamoosook and Silver Lake. Also the right of way it runs through?
All priority rights necessary to maintain and operate the dam must be transferred with the dams, per Section 906, to the extent those rights are owned by the dam owner.
Is AIM/Bucksport Mill LLC prepared to give the towns reserve dollars towards repairing all 3 dams?
Bucksport Mill expects to negotiate terms with an entity that takes ownership of the dams.
What is AIM’s ideal outcome as a result of filing for abandonment of these dams?
Bucksport Mill’s ideal outcome would be a transfer of ownership of the dams to an entity or entities that operate in the State and garner benefit from the continued existence and operation of the dams.
Is AIM considering any financial support or assistance to help a potential new owner assume the associated costs and legal responsibilities? If so, what level of investment is AIM prepared to offer?
Bucksport Mill expects to negotiate terms with an entity that takes ownership of the dams.
During the 180-day consultation period mandated by state law, what specific requirements must AIM fulfill? What steps are involved in this process, and what are the potential outcomes after this period concludes? For example, Maine law requires dam owners to consult with neighboring lake associations, residents, and local and state officials to determine if another entity is willing to assume ownership.
All of the requirements for this process are set forth in the statute. Bucksport Mill intends to follow this process and will engage in discussions with formally interested entities to agree on the appropriate extent of diligence.
If you abandon the dam, what happens to the water rights? Are they separate entities?
Please refer to section 906.2 regarding statutory requirements related to water rights.
Is AIM considering the removal of these dams? If so, what are the regulatory requirements and procedures that must be followed before proceeding with dam removal?
Bucksport Mill is not currently working towards removal of the dams.
If water release is authorized, who will retain title to the dams and accompanying real estate?
The Petition process addresses real estate rights and obligations: see Section 906 regarding Department requirements when the property is transferred; see Section 905 on the impact of the order on real estate rights.
Who can legally own a dam in Maine? Can an individual be an owner?
Bucksport Mill is not aware of any restriction on individual ownership but is not able to render legal advice on this matter.
How much property does the Bucksport Mill own in Orland and where is located.
Please refer to the real estate information provided to DEP which either is or will shortly be posted on its website regarding this Petition.
What part will property play in release to owners?
Please refer to Sections 905 and 906 for the statutory description of the relationship between this process and property rights.
When will the reports on the conditions of the dams be made available?
Please refer to the information provided in the Petition, which is available on the DEP website.
Why are “reams” of information still being kept confidential while trying to identify new ownership?
Bucksport Mill will engage in a good faith diligence process with formally interested entities.
While Bucksport Mill understands the community’s desire to see all information regarding the dams, a potential buyer for the dams might want to maintain the typical proprietary information to be kept confidential. Proactively violating that could hurt a potential sale of the dams, which would not be beneficial for any entities involved, or the community
Does the public value include the fishways?
Please refer to Section 903.2 for the statutory language regarding fisheries and wildlife.
Whether the owner of the Silver Lake Dam is intending to follow the Bucksport ordinance relating to dams, dam removals, or abandonments?
Bucksport Mill will abide by all valid legal requirements.
Are the water rights saleable?
Yes.
When Orland purchased the dam for a dollar it did not include the water rights. Why did they do that and who owns that now?
Bucksport Mill cannot speak to the Town of Orland’s intentions.
What is the value and salability of the water rights?
Value would be established via negotiation.
Do they include the river? Mud flats, where you can drill and find more water? Just what are the water rights?
Bucksport Mill will transfer all that it owns assuming a suitable new owner is found as part of a transaction.
Dam owners have an operational obligation to maintain the water level in Silver Lake because it is the water supply for the town of Bucksport. Is that operation obligation still in effect? If so, how did that coincide with releasing the water from the lake?
The ideal outcome of this process is that the release of water will not be necessary. In the event of an order for release, there will be a need at that time to resolve any obligations in conflict with dewatering.
Environmental
How will species like the endangered golden eagle and common loon be protected if the dams are abandoned? What plans are in place to address environmental consequences?
Please see Section 903 of the statute for a description of the process by which fisheries and wildlife issues are analyzed.
Has any testing been done on water quality, such as dissolved oxygen levels, pH, turbidity, or sediment composition?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
What studies have been completed regarding sediment composition and potential chemical content behind the dams? What are the implications for releasing the water?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
What is the composition of the sediment behind each of the dams?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
Is Bucksport Mills LLC aware of any chemicals present in the sediment that would be released if the water is released?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
Has AIM conducted or have access to environmental and economic impact studies should the ponds/lakes water levels get released and when will they be publicly available?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
If allowed to release the water will AIM be responsible for rezoning, property line surveying, map updates and other “new” land associated expenses or will it fall on the landowners, towns, and state?
Please refer to Sections 905 and 906 for the statutory references to property rights.
What impact studies have been done on the release of water impact on the Craig Brook National fish hatchery and their ability to support endangered sea run Atlantic salmon populations?
Please see Section 903 of the statute for a description of the process by which fisheries and wildlife issues are analyzed.
Has there been any testing for hazardous materials at the pump station and pipeline between Alamoosook lake and Silver Lake?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
If the two Orland dams are removed what is the projected remaining water flow path and level?
Please refer to Section 903 of the statute for the components of the assessment of public value to be conducted by various state agencies.
If water release is authorized, will AIM remove the dams and surrounding infrastructure and the area be remediated?
No
What happens to the pipeline between Alamoosook dam and Silver Lake?
Please refer to Sections 905 and 906 of the statute for the statutory description of what happens to such infrastructure.
What will happen to the pumping station and the surrounding area?
Please refer to Sections 905 and 906 of the statute for the statutory description of what happens to such infrastructure.
If you release the water, do we have an impact report or presentation that will tell us what will happen?
Please refer to Section 903 of the statute for the components of the assessment of public value to be conducted by various state agencies.
Economic and Community Impact
If the dams are destroyed, how will property values be reevaluated, especially for lakeside properties?
Bucksport Mill cannot speak to the processes used by the relevant taxing authorities.
How will the loss of water impact tax revenues in towns like Bucksport, Orland, and others?
Bucksport Mill cannot speak to the impact on tax revenues.
Who will be responsible for the economic losses to local businesses reliant on the lakes for tourism and recreation?
Please refer to Section 903.3 of the statute for a description of the public value assessment related to recreational value.
What parameters will DEP use to assess “public value” when determining the outcome for the dams?
Please refer to Section 903 the statute for a description of the public value assessment process.
How will DEP account for lost tax revenues, diminished property values, and other economic impacts?
Please refer to Section 903 the statute for a description of the public value assessment process.
Will there be financial compensation for property owners impacted by changes to water levels or the destruction of the dams?
This issue is not contemplated by the statute.
By whom and how will value of all wildlife habitat of the ponds and lake be evaluated?
Please refer to Section 903.2 of the statute, which describes the assessment of public value related to fisheries and wildlife.
Has any testing been required or internal personnel monitoring been performed to measure the anoxic or dissolved oxygen levels in the lake (Ph, Temperature, Turbidity, TSS test or satellite measure the effect of what the surrounding environment and consequences to the receiving environment in such an event as a water release?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
Has any previous testing been done to investigate that?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
If there is a transfer of ownership found of these dams, would they provide an opportunity to the new owner to apply for grants to do the required repairs or potential upgrades?
Bucksport Mill encourages formally interested entities to explore this and any other, possibilities as part of their diligence. Please also refer to Section 909 of the statute in reference to grants.
Procedural Concerns
The town has experienced confusion and delays in receiving information from AIM since July 2024. Why has there been a lack of clarity and timeliness?
Bucksport Mill has engaged with the Department and the Town in the manner described by statute.
A three-minute speaking limit is insufficient for meaningful consultation. Will AIM engage in further discussions directly with the town?
If, after reviewing the extensive information provided to the Department in the Petition, the comments and questions shared at the public meeting, and the answers provided to those questions in writing, any parties decide to express formal interest in the potential for owning one or more of the dams, then additional discussions would be welcomed.
When will the formal town consultations happen and will additional engineering and maintenance records be made available?
If, after reviewing the extensive information provided to the Department in the Petition, the comments and questions shared at the public meeting, and the answers provided to those questions in writing, any town decides to express formal interest in the potential for owning one or more of the dams, then additional discussions would be welcomed.
How long will steps 2, 3, and 4 normally take?
The timing information available is set forth in Sections 902 through 905 of the statute.
Will the public be able to contribute to public value assessment?
The information set forth in Section 903 is the extent of the public value assessment of which Bucksport Mill is aware.
Technical and Engineering Questions
If AIM retains ownership of the dams and no water release occurs, what resources will be allocated for their maintenance?
Bucksport Mill is not in a position to answer this question at this time.
Can maintenance logs for the dams, including historical logs and recent updates, be made available?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
What repairs or maintenance recommended in inspection reports have been completed?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
MEMA referenced a maintenance log; I would like to see both the original and revised maintenance logs.
To the extent available and not already public, such information would be provided to a formally interested entity in the context of diligence.
Has any modeling been done to assess the physical and environmental impacts of water level changes on the lakes? If so, can this data be shared?
Bucksport Mill is not aware of such modeling.
Has a feasibility study been conducted to explore alternatives to dam removal, such as replacing them with more modern infrastructure like molded dams?
None known to Bucksport Mill; the alternative being explored in this process is the possibility of the transfer of ownership.
An inspection report was submitted to DEP on October 30th & 31st, multiple instances where repair and maintenance were recommended, were any of these actually accomplished?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
During second phase, there are three state agencies that need to be consulted: Inland Fisheries & Wildlife, DACF, and MEMA. The first thing each of those agencies is supposed to assess is the feasibility of maintaining the dams. Will additional information be made available to those state agencies or is it available now?
Bucksport Mill will abide by all requirements of the statute, and expects that the extent of diligence will be determined directly with any agency expressing formal interest in ownership transfer.
AIM/Bucksport Mill LLC has owned the three dams since approximately 2017. Why are they seeking to divest themselves of them at this time? Has some new engineering study or studies shown major problems with any or all of them? What new considerations have come into play in this decision?
There is no new consideration driving this decision.
The inspection reports submitted to DEP on October 30 and 31 have multiple instances where repairs and maintenance were recommended. Were any of these actually done?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
There are three documents from Haley Ward, all dated October 2024 detailing the inspections and preventative maintenance to be performed on each dam on a regular basis. Is there any documentation of this being done? The attached photos of each dam do NOT appear to show such work being done.
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
A report from Commercial Divers Inc, dated 8/7/15 detailed multiple repairs needed at each of the three dams. A memo from Bucksport Mill LLC dated November 18, 2015 states that these areas were apparently repaired. What inspections and repairs were performed between 2015 and 2021 when MEMA inspected the dams?
To the extent available, such information would be provided to a formally interested entity in the context of diligence.
What insurance coverages (type, coverage limits) has AIM and does Bucksport Mill LLC currently carry for each of Toddy and Alamoosook Dams? What are the annual costs of those policies?
Such information will be provided to a formally interested party in the context of diligence.
What is the time frame for “formal” consultation with the town’s involved, namely Bucksport, Blue Hill, Orland, Penobscot and Surry. Will additional engineering documents and maintenance files be shared before then?
The timeframe for consultations are set forth in Section 902 of the Statute. To the extent available, additional information would be provided to a formally interested entity in the context of diligence.
During the second phase of the consultative process, will additional information be made available to the Commissioners of Inland Fish and Wildlife, Department of Conservation, Agriculture and Forestry and Maine Emergency Management Agency to determine the relative costs of maintaining the dams?
Bucksport Mill will abide by all requirements of the statute, and expects that the extent of diligence will be determined directly with any agency expressing formal interest in an ownership transfer.
The condition assessment of Toddy Pond dam is Unsatisfactory according to the national inventory of dams through nid.sec.usace.army.mil. What are the deficiencies that resulted in the Unsatisfactory condition assessment?
Please refer to the Petition, which included the MEMA inspection report.
What works need to be performed to improve the condition assessment of Toddy Pond dam from Unsatisfactory to either Fair or Satisfactory?
Please refer to the Petition, which included the MEMA inspection report.
What is the estimated cost of the works needed to improve the condition assessment of Toddy Pond dam to Fair or Satisfactory?
Please refer to the Petition, which included the MEMA inspection report. To the extent this information is not included as part of the MEMA inspection report, such information will be provided to a formally interested party in the context of diligence.
If allowed to release the water will AIM be responsible for rezoning, property line surveying, map updates and other “new” land associated expenses or will it fall on the landowners, towns, and state?
The statute does not contemplate this issue.
Various lake associations, municipalities, and the Department of Environmental Protection (DEP) have requested essential information to assess potential ownership or management of the dams. To date, AIM has provided limited details on repair and maintenance expenses. Could you please estimate the annual costs associated with the continued repair and maintenance of these dams?
Such information will be provided to a formally interested party in the context of diligence.
Has a feasibility study been done to look at alternatives to removing the dam or replacing them with something like a boulder dam?
None known to Bucksport Mill; the alternative being explored in this process is the possibility of the transfer of ownership.
Public Safety Concerns
Silver Lake’s impoundment is critical for fire safety and drinking water quality. How will AIM ensure these functions are preserved if the dam is abandoned?
Please refer to Section 903 regarding the elements of the public value assessment.
If the water level at Silver Lake drops below operational levels, how will water supply needs for the Town of Bucksport be addressed?
Silver Lake water levels depend upon prevailing weather conditions and usage by the Town of Bucksport and Bucksport Generation. An overland pipeline connects Alamoosook with Silver Lake, and historically water from Alamoosook to Silver Lake could be pumped in times of drought or low water conditions at Silver Lake. The pump was tested and the pipeline was repaired in 2022, and at that time the system was still in effective operation.
Process and Statute
Is this the first time this particular statute regarding dam abandonment has been used in Maine?
To the best of Bucksport Mill’s knowledge, yes; however DEP will be able to definitely answer this.
What criteria will DEP use to approve or deny the petition?
The requirements associated with this process are set forth in Sections 901 through 909 of Title 38.
Are there plans for additional public meetings or an appeal process for affected parties?
The various meeting requirements and all other process are set forth in Sections 901 through 909 of Title 38.
Is there a prioritization process for the dams, especially given Silver Lake’s importance to Bucksport?
Not at this time; MDEP may have additional information on MDEP priorities.
What questions did the town of Bucksport ask AIM / Bucksport Mill LLC prior to this public hearing?
This information either is already or will soon be available on the DEP website associated with this project.
What are the answers to all of those questions?
Bucksport Mill has answered some of the questions posed and is in the process of answering others; what has been answered either is already or will soon be available on the DEP website associated with this project.
Is there any deferred maintenance that AIM or Bucksport Mill LLC has not repaired since pursuing ownership of the dam?
Such information will be provided to a formally interested party in the context of diligence.
UPDATE: Additional answers to questions received before Dec. 2, 2024
Hoping to see some answers.
Answers to questions have been posted “Bucksportmillanswers.com”.
What is a “formally interested party” Why can you only answer these questions to a “formally” interested party.
Bucksport Mill would consider a formally interested party to be an entity for which 1) the board or management expresses interest in the potential of owning one or more of the dams, 2) there is a basic showing of financial ability, and 3) the board or management authorizes employees/agents to evaluate ownership options. In keeping with the purpose of this proceeding, Bucksport Mill does not intend to participate in time consuming, expensive diligence activities with anyone who is not truly interested in or able to acquire one or more of the dams.
Why did you even bother to pretend to answer questions if all you were gonna be was evasive and slippery? Now you come across as an actual bad entity. You should try again and do better.
People didn’t ask questions to be referenced to the complicated legal documents. People want things explained in ways the average person will understand. Do you have any intention of acting in good faith enough to even do this?
Bucksport Mill has no choice but to answer many questions through reference to the statute. There are no governing rules, nor is there any precedent of which we are aware. With regard to questions regarding title, many such questions are profoundly complicated, and will likely require any buyer to obtain legal advice and analysis from their own counsel.
Why is the dam at Craig Pond not being included in this discussion? Also what about the dams on Phillips Lake?
Bucksport Mill is not familiar with Craig Pond and is not the owner of the dam referenced.
The water level at Sliver Lake is maintained by stop logs and an embankment and does not have an adjustable gate like the other two dams. Do you intend to remove all of the stop logs or just some of them? What change in water level could be anticipated following removal of each stop log. Please identify and explain any other changes Bucksmill intends to make to the dam and related systems (e.g. the embankment) other than removal of stop logs?
The petition seeks to abandon the three dams. Please confirm the scope of the abandonment does not include and will not jeopardize the pumping and water transport system and/or filter house that make up the water system connecting the three lakes.
The purpose of Petition to Abandon the lakes and dams is to identify a prospective new owner of the lakes and dams. Any order to de-water the lakes will occur only after any effort to transfer ownership of the lakes and dams is deemed a failure. It is Bucksport Mill’s understanding that all property rights necessary to maintain and operate the dam must be transferred, to the extent owned by Bucksport Mill. According to statute, those rights include title to the dam, land under the dam, equipment and other personal property, flowage and access rights.
My question at the meeting was not added here nor answered. It was also grossly misunderstood at the meeting. I asked, “Is there an email or other contact where people can comment TO THE DEP on their thoughts about how the meeting was run and handled, as the first meeting of this kind?” I was directed to this website, which in no way shape or form is for people to comment to the DEP on how they feel the meeting was handled. People should be provided with a means of expressing thoughts to the DEP. It doesn’t make sense to provide feedback on the first of its kind, to only Bucksport Mill LLC and no DEP were present. To answer my own question for those wondering the same thing -Laura Paye, the Hydropower and Dams Program Coordinator for the DEP in the Bureau of Land Resources.
Questions for the DEP can be directed to Laura Paye (laura.paye@maine.gov) at the Maine Department of Environmental Protection
What are the reasons, if any, for Bucksport Mill LLC to find Bucksport’s dam transfer, abandonment, or removal ordinance invalid?
That process is separate from the DEP process, and will therefore be addressed separately.