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					                                              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
     GOVERNOR




                                                                             PERMIT
     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
                                            Harbor
                                            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.

     Background

          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
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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.

Proposal

      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
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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
               site.

            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
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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.

Review Criteria

       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.
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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
          Lake.

      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
          application.

      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
        review.

     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
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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
        erosion.

     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
following conditions:

     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.
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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
       boat ramp.

   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
decision.

DONE AND DATED AT GREENVILLE, MAINE THIS 27th DAY OF SEPTEMBER, 2010

				
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