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April 21, 2011

River alliance appeals casino's DEP permits

By The Mainebiz News Staff

The Androscoggin River Alliance, along with 18 residents in Oxford, is seeking a reversal of the Department of Environmental Protection's approval of a casino and resort in the town.

The alliance and other petitioners yesterday filed an appeal of the DEP's March 17 permits for the casino, asking the Board of Environmental Protection to reverse the agency's decision and issue an order halting work on the construction of the $164 million project, according to legal documents. The group contends that the review of the application filed by BB Development LLC, doing business as Black Bear Entertainment, was rushed and that the application was approved despite insufficient data on the project's impact on the water supply. The group argues that stormwater runoff and sewage disposal could pollute groundwater, nearby ponds and the Little Androscoggin River.

The appeal also questions whether the DEP had the authority to grant permits due to a conflict of interest. The lead consultant and permitting agent for Black Bear is Main-Land Development Consultants Inc., which is owned by DEP Commissioner Darryl Brown. In a statement, DEP spokeswoman Samantha DePoy-Warren said Brown has recused himself from decisions related to the casino and said the move was part of "endless personal attacks" against Brown, the Portland Press Herald reported. The alliance has also asked the U.S. Environmental Protection Agency to investigate Brown's January appointment as commissioner. The river alliance is a nonprofit organization based in Lewiston that focuses on the protection and restoration of the Androscoggin River watershed.

A spokesman for Black Bear told the Sun Journal the company does not plan to stop work at the 100-acre casino site. The company has 30 days to reply to the appeal.

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