DEPARTMENT OF CONSERVATION
LAND USE REGULATION COMMISSION
LAKE VIEW DRIVE
P.O. BOX 1107 ELIZA TOWNSEND
STATE OF MAINE GREENVILLE, MAINE 04441 COMMISSIONER
JOHN ELIAS BALDACCI
AMENDMENT A TO GREAT PONDS PERMIT GP 487
By Special Exception
And Water Quality Certification
The staff of the Maine Land Use Regulation Commission, after reviewing the application and
supporting documents submitted by East Harfords Point Association for Amendment A to Great
Ponds Permit GP 487, finds the following facts:
1. Applicant: East Harfords Point Association
Attn. Peter Kliem
P.O. Box 429
Greenville, Maine 04441
2. Date of Completed Application: August 26, 2010
3. Location of Proposal: Harfords Point Twp, Piscataquis County
Lot #33 on Plan 01
4. Zoning: (D-RS) Residential Development Subdistrict
(P-WL1) Wetland Protection Subdistrict
5. Existing Waterbody Structures: Cribbed Fiberglass Channel
Trailered Boat Ramp
6. Affected Waterbody: Moosehead Lake
The Commission has identified Moosehead Lake as a resource class 1A, management class 7,
relatively accessible, relatively developed with outstanding fisheries, wildlife, scenic,
botanical, cultural, and physical resources. Moosehead Lake is a flowed lake.
7. The applicant’s approximately 1.5 acre common lot with approximately 170 feet of shoreline
frontage was developed prior to the inception of the Land Use Regulation Commission with a
50 foot long by 9 foot wide log lined channel which accessed Moosehead Lake, an attached
harbor for the storage of boats, and a cement boat ramp.
Maine Land Use Regulation Commission Phone: (207) 695-2466
Catherine M. Carroll, Director Fax: (207 695-2380
TTY: (207) 287-2213
GP 487A East Harfords Point Assn.
8. On November 30, 1990 Great Ponds Permit GP 487 by Special Exception was issued to John
G. Sinclair authorizing the removal of the rotten channel logs and installing 6 fiberglass
channel pieces with the individual dimensions of 1 inch thick by 8 feet wide by 9 feet long.
The channel pieces were to be joined together using stainless steel bolts and would be held
attached to the bank by a 48 foot long row of 6 inch by 6 inch pressure treated beams and
cable acting as a deadman anchoring device.
9. On October 10, 1991 Enforcement Case EC 91-185 was opened by Senior Investigator Bob
McKee identifying deficiencies in permitted conditions and actual construction activities. The
case is currently unresolved.
10. The applicant proposes:
In Area A as shown in the exhibit to:
A) To repair the 50 foot long by 9 foot wide fiberglass channel by removing fill from the landward
side of the fiberglass structure walls, pulling the fiberglass walls back to their original location,
installing logs on shore as deadman anchors, securing the walls to the deadman anchors with
steel cables, replacing the fill over the deadman anchors and adjacent to the fiberglass walls,
and replacing the top side wooden planks atop the fiberglass walls. Removed fill will be stored
on the shore and covered with a tarp to prevent erosion or sedimentation until it is reused.
B) Install rip rap using natural stone and granite boulders backed by a synthetic filter fabric on all
four corners of the fiberglass channel in order to stabilize the shoreline of Moosehead Lake and
harbor area (former gravel pit) preventing future erosion and sedimentation. This would entail
approximately 534 square feet of fill.
In Area B as shown in the exhibit to:
A) Excavate the currently existing deteriorating logs in the harbor area adjacent to both sides of the
fiberglass channel and replace it with natural stone and granite boulder rip rap backed by filter
fabric in a vertical depth not to exceed 3 feet thereby stabilizing the eroding shoreline of the
harbor. This would entail approximately 1640 square feet of fill. Excavated logs would be
disposed of in an approved manner off site.
B) Dredge from the harbor a maximum of 25 feet out and approximately 200 feet long eroded
material from the harbor side shoreline. Dredging will not extend down more than 5 vertical
feet from the maximum height above the bottom of the waterbody. Dredged material will be
stored on the shore and covered with a tarp for erosion control before reusing the material along
with new material to cover the proposed shoreline rip rap and in essence reclaiming the
previously existing harbor shoreline. Dredged material would entail approximately 30 cubic
yards. New material would entail approximately 16 cubic yards. All dredging would be
conducted during low water when the water level is below the existing channel or the channel
GP 487A East Harfords Point Assn.
will be blocked or a floating silt fence will be used in the channel to prevent any erosion or
sedimentation from entering Moosehead Lake.
In Area C as shown in the exhibit:
A) Remove the existing and deteriorating 18 foot by 52 foot cement and tar boat ramp approach
that terminates at the Normal High Water Mark of Moosehead Lake and replace it with an 18
foot by 47 foot poured cement boat ramp approach that will terminate approximately 5 feet
from the Normal High Water Mark. All debris would be disposed of in an approved manner off
B) Remove the existing and deteriorating 12 foot by 30 foot cement slab boat ramp that begins at
the Normal High Water Mark of Moosehead Lake and replace it with a 12 foot by 35 foot pre-
fabricated approved cement slab boat ramp which would begin 5 feet above the Normal High
Water Mark and abut the proposed boat ramp approach. All debris would be disposed of in an
approved manner off site. Work will be conducted during low water and if any work will be
done below the water line a floating silt fence will be used to prevent any erosion or
sedimentation into Moosehead Lake.
11. The applicant also proposes:
That in order to resolve Enforcement Case EC 91-185 and based on an agreement with the Land
Use Regulation Commission Compliance Division the applicant will plant native trees, shrubs,
flowers, and grass throughout the entire site along with flagstone walkways and 4 inch by 4
inch landscaping timbers to direct pedestrian traffic and minimize soil compaction and erosion
as delineated on the plantings exhibit dated 5/10/10.
12. The applicant states that the precast cement boat ramp, riprap, stone, gravel, dredging and
plantings would be done using a excavator, backhoe, dump truck and handtools which would
work on the shore from above and below the normal high water mark above the water line when
possible and which would be accessed by an existing driveway, parking area and path. Material
that is proposed to be removed and stored would be stored on the shore, above the normal high
water mark and tarped until it is placed onto the shoreline. The applicant also states that there
will be minimal soil disturbance. Staked hay bales will be installed between the water line and
normal high water mark during construction to prevent any lake sedimentation and soil erosion
and any and all disturbed areas will be revegetated in order to minimize soil erosion.
13. The proposal would alter a maximum of 2466 square feet of (P-WL1) Wetland Protection
Subdistrict with approximately 46 cubic yards of riprap, stone, gravel, and reclaimed fill to be
used during construction.
14. The applicant has submitted an alternatives analysis, as required for a Tier 2 review. The
analysis states that the project is needed because portions of the shoreline and trailered boat
ramp are deteriorating to the extent that soil erosion and lake sedimentation is occurring into
Moosehead Lake and filling in the harbor. Construction of the rip rap, stone, and gravel
GP 487A East Harfords Point Assn.
shoreline will prevent shoreline erosion and lake sedimentation and allow for continued safe use
of the harbor, access channel, and trailered boat ramp.
15. The applicant has requested a tier reduction.
16. Under provisions of Section 10.23,N,3,c(10), and Section 10.21,H,3,c(14), of the Commission’s
Land Use Districts and Standards, shoreland alterations are an allowed use in a (P-WL1)
Wetland Protection Subdistrict and (D-RS) Residential Development Subdistrict with a permit.
17. Under provisions of Section 10.23,N,3,d,(5) of the Commission’s Land Use Districts and
Standards water access-ways and trailered ramps are an allowed use in a (P-WL1) Wetland
Protection Subdistrict by Special Exception.
18. Under provisions of Section 10.23,N,3,c(4) of the Commission’s Land Use Districts and
Standards filling, grading, and dredging are an allowed use in a (PWL-1) Wetland Protection
Subdistrict with a permit.
19. Under provisions of Section 10.25,P,1,c(3) of the Commission’s Land Use Districts and
Standards, projects altering any area of P-WL1 wetlands require a Tier 3 review. Alterations of
P-WL1 wetlands may be eligible for Tier 2 review if the Commission determines, at the
applicant’s request, that the activity will have no undue adverse impact on the freshwater
wetlands or other protected resources present. In making this determination, consideration shall
include but not be limited to, such factors as the size of the alteration, functions of the impacted
area, existing development or character of the area in and around the alteration site, elevation
differences and hydrological connection to surface water or other protected features.
20. Under provisions of Section 10.25,P,2 of the Commission’s Land Use Districts and Standards,
projects requiring Tier 2 review must not cause a loss in wetland area, functions, and values if
there is a practicable alternative to the project that would be less damaging to the environment.
Projects requiring a Tier 2 review must limit the amount of wetland to be altered to the
minimum amount necessary to complete the project; must comply with applicable water quality
standards; and use erosion control measures to prevent sedimentation of surface waters. Each
Tier 2 application must provide an analysis of alternatives in order to demonstrate that a
practicable alternative does not exist. Projects requiring a Tier 2 review must limit the amount
of wetland to be altered to the minimum amount necessary to complete the project.
21. Under provisions of Section 10.25,P,2,e(2) of the Commission’s Land Use Districts and
Standards, the Commission may waive the requirement for a functional assessment,
compensation, or both. The Commission may waive the requirement for a functional
assessment if it already possesses the information necessary to determine the functions of
the area proposed to be altered. The Commission may waive the requirement for
compensation if it determines that any impact to wetland functions and values from the
activity will be insignificant.
GP 487A East Harfords Point Assn.
Agency Review Comments
22. Kennebec Water and Power Company reviewed the application and granted a Flowed Lands
Lease to conduct the proposed activities below the normal high water mark of Moosehead
23. The United States Army Corps of Engineers reviewed the proposal and stated that it
qualifies as a Category 1, non-reporting project and that they plan to take no further action
on this project.
24. The Maine State Soil Scientist reviewed the proposal and has no objections to the subject
25. The Maine Department of Inland Fisheries and Wildlife Fisheries Division was provided the
application for review and offered no comments.
26. The Piscataquis County Soil and Water Conservation District was provided the application
for review and offered no comments.
27. The facts are otherwise as represented in Amendment A to Great Ponds Permit Application
GP 487 and supporting documents.
Based upon the above Findings, the staff concludes that:
1. The proposed permanent riprap, stone, gravel, deadman logs with cable, and dredged fill
would be in conformance with the provisions of Sections 10.21,H,3,c(14), and
10.23,N,3,c(10) of the Commission’s Land Use Districts and Standards.
2. The proposed reconstructed water access-way and trailered boat ramp would be in
conformance with the provisions of Section 10.23,N,3,d(5) of the Commission’s Land Use
Districts and Standards by Special Exception in that both currently exist, have been in regular
active use within the last two years, and are being constructed in the exact same location to
approximately the exact same dimensions.
3. The proposed filling, grading, and dredging would be in conformance with the provisions of
Section 10.23,N,3,c,(4) of the Commission’s Land Use Districts and Standards.
4. In accordance with the provisions of Section 10.25,P,1,c(3) of the Commission’s Land Use
Districts and Standards, the proposed permanent rip rap, stone, gravel, dredging and
reclaimed gravel meets the requirements for reduction from a Tier 3 to a Tier 2 wetland
5. The proposal would meet the provisions of Section 10.25,P,2 of the Commission’s Land Use
Districts and Standards. Specifically, there exists no practicable alternative that would impact
GP 487A East Harfords Point Assn.
a smaller wetland area and the project would be completed when the water level is below the
work area or protected by silt fence or floating silt fence, which will prevent sedimentation
and minimize water quality impacts. The water quality classification of Moosehead Lake is
likely to be improved by the project.
4. Under provisions of Section 10.25,P,2,e(2) of the Commission’s Land Use Districts and
Standards, nether a functional assessment nor compensation is required because the
Commission already possesses the information necessary to determine the functions of the
area proposed to be altered, and any impact to wetland functions and values from the activity
will be improved because the shoreline will be permanently stabilized from the wetland
5. If carried out in compliance with the Conditions below, the proposal will meet the Criteria for
Approval, Section 685-B(4) of the Commission's Statutes, 12 M.R.S.A.
Therefore, the staff approves the application of the East Harfords Point Association with the
1. The Standard Conditions for Shoreland Alterations (ver. 4/91), a copy of which is attached.
Notwithstanding Condition #3 of the Standard Conditions for Shoreland Alterations,
activities authorized by this permit must be begun within two years of the date of issuance and
completed within five years from the date of issuance of this permit
2. Riprap shall be installed in accordance with the Standards for Installation of Riprap (ver.
4/91), a copy of which is attached.
Notwithstanding Condition #5 of the Standards for the Installation of Riprap, rocks may be
placed below the normal high water mark of Moosehead Lake and harbor area only to the
extent needed to key in the rocks to the lake bottom and create stable riprap.
3. Any excavation or construction must be done when the lake water level is lower than the
work area or a floating silt fence will be used and staked hay bales or silt fencing shall be
placed between the rest of the project area and above the water line to prevent sedimentation
and erosion of the waterbody. On the harbor side, the dredging, excavation, and construction
will be conducted when the water level is lower than the access-way or the access-way will be
blocked to prevent any erosion into or sedimentation of Moosehead Lake.
4. Any debris or fill material must be stored away from the waterbody and stockpiled above the
normal high water mark. Tarps must be used to prevent sedimentation from stockpiled
materials, where necessary.
5. All areas of disturbed mineral soil must be promptly reseeded and stabilized with mulch, and
maintained in a vegetated state to prevent soil erosion. In areas where revegetation is not
initially successful, additional measures to control erosion and sedimentation must be
undertaken as often as necessary to be effective.
GP 487A East Harfords Point Assn.
6. Dredging may take place and fill material that was part of the original shoreline may be
reused. Dredging may not exceed out more than 25 feet horizontally from the shoreline on the
harbor side and will be done on the harbor side only.
7. All material used for shoreline stabilization riprap, stone, and gravel shall be clean.
8. Upon completion of the project within the terms of this permit, any debris or excavated
materials remaining must be removed from the lot and all solid waste and other debris
disposed of in a proper manner, in compliance with all applicable state and federal solid waste
laws and rules.
9. Should any erosion or sedimentation occur during construction, the permittee shall contact the
Land Use Regulation Commission immediately, notifying it of the problem and describing all
proposed corrective measures.
10. All wheeled or tracked equipment may be operated below the normal high water mark of
Moosehead Lake or in the vegetated area above the normal high water mark but in no instance
shall be operated in the open water or below the water line of Moosehead Lake except that the
equipment may reach out into the water and below the water line to facilitate the removal of
deteriorating logs, dredging, installation of rip rap, and removal and installation of the cement
11. Upon completion of construction the applicant must complete the plantings of native trees,
shrubs, flowers, and grass along with flagstone walkways and 4 inch by 4 inch landscaping
timbers as delineated under proposal Revision #2 Plantings exhibit dated 5/10/10. No
imported topsoil is to be used.
This permit is approved upon the proposal as set forth in the application and supporting documents,
except as modified in the above stated conditions, and remains valid only if the permittee complies
with all of these conditions. Any variation from the application or the conditions of approval is
subject to prior Commission review and approval. Any variation undertaken without Commission
approval constitutes a violation of Land Use Regulation Commission law. In addition, any person
aggrieved by this decision of the staff may, within 30 days, request that the Commission review the
DONE AND DATED AT GREENVILLE, MAINE THIS 27th DAY OF SEPTEMBER, 2010