USA Springs, Inc.

The documents on this page relate to the USA Springs, Inc. water bottling case in the southern New Hampshire towns of Nottingham and Barrington.The company’s state-issued 10-year large groundwater withdrawal permit expired July 1, 2014.

All of the state information is public information, which is available under RSA 91-A, the New Hampshire’s Right To Know law (see http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-VI-91-A.htm)

USA Springs, Inc. filed for federal bankruptcy protection in June 2008; the case continues (Case #08-11816). Bankruptcy court information is also public information available through the federal PACER – Public Access to Court Electronic Records – system. You can sign up for an account to use PACER from your computer, or you can go to the clerk’s office of any federal bankruptcy court and access the court records there. For the Manchester, NH bankruptcy court webpage, click here.

 

2016

November 17,  2016 – US Bankruptcy Court order consolidating various trusts and assets related to the USA Springs, Inc. property. Click here to read and download.

November 9, 2016 – Scott and Margery Shepard Objection to Sale of USA Springs, Inc. property. Click here to read and download.

November 4, 2016 – Francisco Rotondo Counteroffer to purchase USA Springs, Inc. Click here to read and download.

November 4, 2016 – Neighborhood Guardians Objection to Sale of USA Springs, Inc. Click here to read and download.

November 4, 2016 – Judith Doughty Objection to Sale of USA Springs, Inc. Click here to read and download.

November 4, 2016 – Heather Totty Objection to Sale of USA Springs, Inc. Click here to read and download.

November 4, 2016 – David Totty Objection to Sale of USA Springs, Inc. Click here to read and download.

October 31, 2016 – Dan and Rebecca Butcher Objection to Sale of USA Springs, Inc. Click here to read and download.

October 31, 2016 – Nottingham Water Alliance Objection to Sale of USA Springs, Inc. Click here to read and download.

October 24, 2016 – Town of Nottingham Objection to Sale of USA Springs, Inc. Click here to read and download.

October 24, 2016 – Town of Nottingham Objection to Sale of USA Springs, Inc. – Exhibit A-B. Click here to read and download.

October 24, 2016 – Town of Nottingham Objection to Sale of USA Springs, Inc. – Exhibit D. Click here to read and download.

October 20, 2016 – U.S. Bankruptcy Court – NH Department of Environmental Services (DES) Limited Objection to Sale of USA Springs, Inc. property by its attorneys NH Department of Justice (DOJ), Office of the Attorney General. Click here to download (7 pages).

October 19, 2016 – U.S. Bankruptcy Court – Roswell Commercial Mortgage, Inc. Limited Objection to Trustee’s Motion to Sell. Roswell holds a first priority mortgage on the USA Springs, Inc. property; however back taxes to the towns and the Bankruptcy Court’s Trustee’s percentage of the sale are paid back first from any proceeds.Roswell argues that some of the Town of Nottingham’s tax bill as the Land Use Change Tax was not filed on time and that Roswell should receive a great amount of the sale proceeds. Click here to download (10 pages).

October 12, 2016 – Letter from Barrington Waterways Protection Committee, Inc. to Nottingham Springs, LLC concerning Barrington, NH Rights Based Ordinance and Local Self Government passed March 8, 2016 at the town meeting. Download here.

October 10, 2016 – Letter from Neighborhood Guardians to Kevin Delaney of 214 Lakeview Avenue, Cambridge, MA, a/k/a Nottingham Springs, LLC describing Delaney’s history of interest in the USA Springs, Inc. property since 2013, hydrogeologist Dr. Tom Ballestero’s May 23, 2004 findings concerning the property’s water hydrology, and a list of applicable changes in state and local laws since water bottling project was first proposed in 2001. (Click here to download the letter) and here to download Dr. Ballestero’s report.

October 4, 2016 – U.S. Bankruptcy Court order approving Notice of Intended Sale for former USA Springs, Inc. property. Click here to download.

October 4, 2016 – Nottingham, NH Board of Selectmen Notice to Residents re: USA Springs, Inc., describes the town’s claims of more than $900,000.00 in unpaid taxes on this property and previous offer by present buyer in July 2016. Click here to download.

September 30, 2016 – U.S. Bankruptcy Court – Motion of the Chapter 7 Trustee for USA Springs, Inc. bankruptcy case to sell company land and assets in a private sale to Kevin Delaney of 214 Lakeview Avenue, Cambridge, MA, a/k/a Nottingham Springs, LLC for $1,200,000.00. Click here to download the motion (this is a long document – 47 pages).

August 19, 2016 – Letter from the Nottingham Water Alliance to Nottingham Springs, LLC notifying company of Nottingham Water Rights and Local Self-Government ordinance passed by the town meeting March 15, 2008. (click here to download).

2014
October 7, 2014 – Revised Kane Company listing for USA Springs, Inc. property, now being marketed with expired water permits, 155 Old Turnpike Road (US Route 4) in Nottingham, Barrington, NH (click here to view and download property listing)

August 26, 2014 – Kane Company listing for USA Springs, Inc. property, 155 Old Turnpike Road (US Route 4) in Nottingham/Barrington, NH (download PDF here)

June 19, 2014 Bankruptcy Case 08-11816-JMD, Document #1057 – Response to Creditors’ Request for Dismissal of Bankruptcy and to Opposition of the Chapter 7 Trustee from the NH Department of Environmental Services by its attorneys, the Office of the Attorney General (download PDF here)

June 13, 2014 Bankruptcy Case 08-11816-JMD, Document #1054 – Opposition of the Chapter 7 Trustee To Creditors Request for Dismissal of Bankruptcy Filed by Ralph Fiaella, Jr. (download PDF here)

2013

October 10, 2013 NHDES Letter to MyKroWaters, Inc., consultant to USA Springs, Inc. regarding permit renewal (download PDF here)

August 14, 2013 MyKroWaters, Inc./USA Springs, Inc. letter to NHDES-Brandon Kernen regarding requirements to renew large groundwater withdrawal permits (download PDF here)

July 19, 2013 NHDES to MyKroWaters, Inc./USA Springs, Inc. response to June 28, 2013 letter about renewing large groundwater withdrawal permit (download PDF here)

July 18, 2013 Town of Nottingham, Board of Selectmen through Attorney Donovan, send letter to NHDES opposing large groundwater withdrawal permit renewal for  USA Springs, Inc. (download PDF here)

July 15, 2013 Neighborhood Guardians letter to NHDES opposing USA Springs, Inc. request for large groundwater withdrawal permit renewal (download PDF here)

June 28, 2013 MyKroWaters, Inc., on behalf of USA Springs, Inc. writes to the NH Department of Environmental Services (NHDES) for information about renewing the company’s Large Groundwater Withdrawal Permit scheduled to expire July 1, 2014 (download PDF here)

Additional Resources

NH DES Administrative Order WD 02-31 dated September 30, 2002 (download/view here)

NH DES Large Groundwater Withdrawal Permit #2004-0003 to USA Springs, Inc. expiration date July 1, 2014 (download/view here)