STATEMENT OF JYM ST. PIERRE
DIRECTOR, RESTORE: THE NORTH WOODS
CONCERNING PLUM CREEK’S REVISED
MOOSEHEAD LAKE REGION PLAN

May 25, 2006
 
There has been an outpouring of public concern in recent years in Maine about our forests. Misplaced development, unsustainable forest practices, and unstable ownerships threaten the ecological integrity, traditional recreational access, economic viability, and scenic beauty of Maine's North Woods wilderness.
 
Now, Plum Creek, a corporation that has transformed from a forestry company into a real estate behemoth right before our eyes, has put one of our most cherished areas—the Moosehead region—into jeopardy.
 
Last year, Plum Creek proposed the largest residential-commercial real estate development in Maine history. It included 975 house lots, a 3,000-acre destination resort at Brassua Lake, a 500-acre resort at Lily Bay on Moosehead Lake, and other developments. After more than 1,000 Mainers turned out at public meetings to voice their concerns about the ramifications of such sprawling development, Plum Creek said they listened and reworked their plan.
 
We have their new plan. It raises even more concerns than the first version. The truth about Plum Creek’s “new” plan and the company’s recent actions can now be revealed. What is wrong? First, the proposed development is still overwhelming. Second, the proposed conservation is still way too thin. Third, Plum Creek is trying to mislead us with a confusing public relations campaign. Fourth, Plum Creek is lobbying to get around the Endangered Species Act because it might interfere with profitmaking. Here are the details.
 
 
PLUM CREEK’S PROPOSED DEVELOPMENT IS STILL OVERWHELMING
Compared to Plum Creek’s plan last year, a few throwaway components have been discarded and some development pieces have been shifted off-line to conceal them. However, the substance of the plan is little changed. It still includes more than 55 subdivisions with 975 house lots, two resorts, and associated development. Specifically:
 
     ·  975 house lots
            • 480 shorefront house lots on Moosehead and 6 other lakes
            • 495 backland house lots
       ·  2,600-acre resort on Big Moose Mountain
       ·  500-acre resort on Moosehead Lake at Lily Bay
       ·  36 miles of new roads
       ·  miles of new utility lines
       ·  32,000 acres reserved for future development
 
 
 
In addition, while Plum Creek is pretending some developments are not part of the plan, the company still wants
 
            ·  90 acres of commercial/industrial development
            ·  RV campground at Kokadjo
 
In short, Plum Creek’s plan still represents the largest residential-commercial real estate development in Maine history. It is still the wrong kind of development in the wrong place.
 
 
PLUM CREEK’S PROPOSED CONSERVATION STILL FAILS TO PASS THE TEST
Since last year Plum Creek has undertaken three actions to try to shore up the conservation part of its proposal. A 61,000-acre easement has been added, a “conservation framework,” has been negotiated, and an extensive PR campaign has been launched. Each of these raises serious concerns.
 
I question whether the 61,000-acre easement adds substantial conservation value to the Moosehead region. First, virtually all the lake and pond shorelands in that area are already protected. Second, it encompasses cutover lands where the forest ecosystems will never recover as long as the cycle of industrial logging continues, which will be perpetuated under the “working forest” easements. Third, these lands need to be rescued from logging, not from development; they are not under immediate development pressure.
 
The other conservation components in Plum Creek’s plan are easements on 54 ponds and within and around subdivision development lots. The pond easements are on waters that are mostly undevelopable anyway. The easements interspersed in the subdivisions would mostly benefit house owners, not wildlife or the public.
 
Even with the working forest easement thrown in, based on my 11 years at LURC, I believe that the conservation components of Plum Creek’s proposal fail to meet LURC's legal test of striking a reasonable publicly beneficial balance with the proposed development. There would be more than 4,100 acres of wildlands developed in the near term (11,000 acres are in development envelopes) with the likelihood of more development on tens of thousands of acres in the future. Plus, the “shadow’” effect of development means that large additional areas will be indirectly adversely affected by Plum Creek’s sprawling development.
 
The second new conservation piece is a so-called “conservation framework.” Plum Creek says, if its development rezoning is approved by the Land Use Regulation Commission (LURC), the company will give a five-year option to conservation groups to purchase development rights. How is a chance to raise a lot of public and private conservation money to pay a landowner to continue to do what it can already do (industrial logging) meaningful conservation? If the idea of conservation of the lands in the framework has value, then Plum Creek can and should negotiate such a deal totally apart from the plan before LURC.
 
The conservation framework is not part of Plum Creek’s proposal before LURC and has no place in the rezoning application. Suggesting that this represents additional conservation mitigation that will happen only if LURC gives Plum Creek everything it wants is close to blackmail. The conservation framework is irrelevant to the proposal before LURC and should not be allowed to preempt the regulatory process or to hold it hostage. LURC should not even continue to process Plum Creek’s proposal unless all references to the conservation framework are removed.
 
The third new action Plum Creek has undertaken related to conservation is an extensive public relations campaign. Running television commercials, underwriting promos on public radio, sprinkling grants to local groups in Greenville and Rockwood, and similar efforts to purchase support have nothing to do with the merits of Plum Creek’s proposal. Yet, the company's application and its ads imply that it is saving hundreds of thousands of acres of forest for the people of Maine. Not so. As pointed out above, the lands in the so-called "conservation framework" have nothing to do with its rezoning application to LURC. Plum Creek is deliberately blurring the lines with its slick PR campaign to confuse the people of Maine.
 
PLUM CREEK IS TRYING TO SKIRT THE RULES
Under a court order, the U.S. Fish and Wildlife Service has proposed designation of critical habitat for Canada lynx, which is listed under the national Endangered Species Act. Maine has the only lynx population in the entire eastern United States. The USFWS habitat proposal includes lands in northwestern Maine that are essential to the survival of lynx in this part of our country.
 
We have learned that Plum Creek is seeking exemption from the critical habitat designation for its lands in Maine even before a decision has been made by the USFWS about whether the designation will be applied. Plum Creek has reportedly been in Washington, D.C., recently lobbying senior officials in the U.S. Department of  the Interior and representatives of Maine’s congressional delegation.
 
The Endangered Species Act says that “The Secretary [of Interior] may exclude any area from critical habitat if he determines that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless he determines, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will result in the extinction of the species concerned.” [16 USC 1533(b)(2)] There is no reason Plum Creek should be exempted from the Endangered Species Act. It is embarrassing that they are trying to use their lobbying reach to get special treatment.
 
 
WE STILL NEED MEANINGFUL CONSERVATION OF THE MOOSEHEAD REGION
In the heart of the Maine Woods, we need bigger and better conservation actions to hold habitats together, not wildlands sprawl that fragments the homes of our native wildlife with invasive houses, roads and powerlines. We need sustainable development phased into gateway communities to support local jobs for the long term, not the boom-bust business of constructing trophy second homes in the outback, which will hurt our growing eco-tourism businesses. We need to nurture an economics that brings solid prosperity, not a skewed economics where a few people make a bundle and the local towns get little more than solid waste from suburbanites heading home. We need the Land Use Regulation Commission to act as though it can see the big picture and not be fooled into saying yes to cockeyed, get-rich-quick schemes.
 
Despite gains in recent years, Maine is still near the bottom of the list of states with one of the smallest proportions of publicly protected land. We cannot rely on private groups to do the job our public agencies should be doing. Even at their best their scale will always be too small. Nor does the State alone have the financial or technical ability to protect and restore big wilderness. We have seen that demonstrated with the Allagash Wilderness Waterway.
 
It is time to seriously evaluate our options, including the proposed Maine Woods National Park and Preserve, and to act on a grand scale befitting the grandeur of our wildlands. The Moosehead region is unquestionably of national significance. The threats it faces are of national concern. It will take national action to preserve the pubic interest at risk. But it must start here. That is why we are working on our Save Moosehead campaign in Maine.
 
Plum Creek’s revised concept plan is being pitched through a seriously distorted public relations campaign, which inflates the weak conservation aspects and downplays the devastating development aspects. We still need meaningful, large-scale conservation in the Moosehead region. But Plum Creek’s plan is not it.
 
 
  RESTORE: The North Woods is a regional, nonprofit conservation organization based in Hallowell, Maine

 

RESTORE: The North Woods
9 Union St.
Hallowell, Maine 04347
207-626-5635 * mainewoods@restore.org* www.restore.org