MAINE LAND USE REGULATION COMMISSION
Transcription
MAINE LAND USE REGULATION COMMISSION
MAINE LAND USE PLANNING COMMISSION APPLICATION FOR A SHORELAND ALTERATIONS PERMIT SCHOODIC LAKE DOCK RECONSTRUCTION LAKE VIEW PLANTATION, MAINE Prepared for: Maine Department of Inland Fisheries and Wildlife 41 State House Station Augusta, Maine 04333 Prepared by: Pine Tree Engineering, Inc. 53 Front Street Bath, Maine 04530 DECEMBER 2015 Project #04020.01 Pine Tree Engineering, Inc. 53 Front Street Bath, Maine 04530 (207) 443-1508 Fax: (207) 442-7029 E-mail: [email protected] December 3, 2015 Mr. Keith Smith Maine Land Use Planning Commission P.O. Box 1107 Greenville, Maine 04441-1107 Subject: Schoodic Lake Dock Reconstruction Lake View Plantation, Maine #04020.01 Dear Keith: On behalf of the Maine Department of Inland Fisheries and Wildlife (MDIFW), enclosed is the LUPC Application for a Shoreland Alterations Permit and supporting exhibits. The project involves reconstruction of the existing dock which was damaged by harsh environmental conditions. Payment of the application fee will be made according to internal billing procedures as indicated by the enclosed letter from MDIFW. Please call me if you have questions concerning this application. Sincerely, PINE TREE ENGINEERING, INC. Jonathan C. DeWick, P.E. Project Manager JCD/szd Enclosures c: Leon Bucher, MDIFW Shawn B. Mahaney, USACE TABLE OF CONTENTS Transmittal Letter Application - Pages 1 through 6 Letters of Authorization Special Exception Exhibit A Corporate Good Standing Exhibit B Right, Title or Interest to Upland Property Exhibit C Right, Title or Interest to Submerged Lands Exhibit D Location Map and Directions Exhibit E Site Plans Exhibit F Photographs APPENDIX Supplement S-3 For office use: SA/GP/WL Tracking No. $ Permit No. Fee Received Application for Shoreland Alteration Permit Under Land Use Planning Commission Law (12 M.R.S.A., SECTION 681 et seq) 1. Name of Applicant: Mailing Address: Maine Department of Inland Fisheries and Wildlife (MDIFW) 41 State House Station Augusta, Maine 04333-0041 (207) 287-3128 Leon Bucher, Chief Planner Daytime Telephone Number: 2. If you have an agent, such as your real estate agent, lawyer or contractor acting on your behalf regarding this application, please complete the following authorization: Pine Tree Engineering, Inc. 53 Front Street Bath, Maine 04530 (207) 443-1508 Jonathan C. DeWick, P.E. Daytime Telephone Number: “I hereby authorize: Mailing Address: To act as my legal agent in all matters relating to this Shoreland Alterations Permit Application. I understand that I am ultimately responsible for compliance with all conditions and limitations of any permit issued to me by the Maine Land Use Planning Commission." Applicant's Signature: See attached letter of authorization Date: 3. Applicant's status is: A. Individual or sole proprietorship (d/b/a): B. Partnership (Provide names of partners): C. Corporation (ATTACH, as EXHIBIT A, Certificate of Good Standing) D. X Other Entity (Explain): State agency ATTACH, as EXHIBIT B, a copy of your right, title or interest in all of the land associated with your Bridge Construction Permit Application. ATTACH, as EXHIBIT C, a copy of your submerged lands lease, easement or letters of permission from the owners of any submerged lands to be affected by your proposal. 4. What is the location of the proposed activity? Name of Township or Plantation: Lake View Plantation Name of County: Piscataquis Name of Road: South Shore Road Name of Waterbody(s): Schoodic Lake MAINE LAND USE PLANNING COMMISSION (ver. 10/1994) Shoreland Alteration Permit Application 5. Type of Waterbody(s): (Check all that apply) River, Brook or Stream Mapped Wetland X Lake or Pond ATTACH, as EXHIBIT D, a Land Use Planning Commission Land Use Guidance Map, a U.S.G.S. Topographic or equivalent map on which you have clearly marked the location of your proposed activity. 6. What is the zoning of the proposed project site? (Include ALL applicable zones. You should be aware that ALL areas below the normal high water line of any water bodies are zoned (P-WL) Wetlands Protection Subdistricts) D-RS, P-WL1 385 7. What is the length of your wetland or shore frontage? feet. (Frontage is measured in a straight line between side property boundary lines where those lines meet the shore or wetland boundary.) 8. Is the proposed activity associated with a commercial activity? (e.g. a campground, sporting camp, marina, etc.) X ________ Yes ________ No If YES, explain: 9. Describe the present nature of the wetland or shore area (sandy, rocky, mud, marsh, tree growth etc.): A public boat launch at the site includes a precast concrete plank launch ramp, paved and gravel parking area, grassed area, drainage area, and a weather damaged pier which has been partially removed. The shore is lined with boulders that have likely been a man placed revetment to resist the harsh wind and wave conditions. 10. Explain, in detail, the activity which you are proposing: (for example: install 12 feet by 100 feet of rock riprap to stabilize eroding shoreline; removal, by hand, of a 10 foot wide strip of rocks below the normal high water line to facilitate the landing of a boat) Remove existing dock and associated timber and stone rubble. Construct a 26' concrete approach and 20' wood frame walkway out to a 14' x 20' cribwork dock constructed on existing cribwork. CERTAIN PROJECTS MAY REQUIRE REVIEW BY THE COMMISSION AS SPECIAL EXCEPTIONS These include: * filling, grading, draining, dredging, or alteration of the water level in a wetland or below the normal high water line of any body of water; * any permanent docking or mooring facilities; * installation of utility facilities in wetlands or below the normal high water line of any body of water. If you are proposing any of these activities, please provide, on a separate sheet of paper attached to this application, the following: a) substantial evidence to show there is no alternative site which is suitable for the proposed use and reasonably available for that use; and b) a detailed description of how the proposal will be buffered from other uses and resources with which it is incompatible. MAINE LAND USE PLANNING COMMISSION (ver. 10/1994) Shoreland Alteration Permit Application page 4 of 8 If you are proposing permanent docking facilities, you must also provide, on a separate sheet of paper attached to this application, demonstration, by substantial evidence that: a) It is not feasible to use a temporary docking facility due to unusual or extraordinary conditions of the site; or b) In the case of public or institutional activities, a permanent structure is necessary to provide for public safety; and c) In the case of commercial or industrial activities, a dock is a necessary accessory structure, and a temporary dock is not feasible or adequate to provide for public safety. 11. What is the purpose of the work to be accomplished (why is the project needed, what will be the use of the area once the project is completed, and similar information): The site is a popular public boat launch facility. The dock facilitates the launching and and retrieval of boats at the ramp, allowing access to the lake for fishing and other permissible boating activities. Additionally, the dock allows canoeists and kayakers to launch and retrieve without use of the launch ramp, both decreasing congestion and increasing safety at the facility. ATTACH, as EXHIBIT E, site plans which show what the project will look like when completed. The site plans must be drawn to scale and must include both an accurate overhead view and a side view of the project. 12. What are the dimensions of the total area of shoreline or wetland that will be affected by your proposed activity? 20 Length along the wetland or shoreline: ___________ feet 60 Distance from the normal high water line or wetland boundary out into the waterbody or wetland: ____________ horizontal feet (850 s.f. +/- total) Distance from the normal high water line or wetland boundary back landward beyond the shoreline or wetland 12 boundary: __________ horizontal feet 2 Maximum height above the bottom of the waterbody or wetland: _________vertical feet. 13. What equipment do you propose to use below the normal high water line or wetland boundary? Clean earthwork equipment, pneumatic and hand tools. What equipment do you propose to use above the normal high water line or wetland boundary? Same as above. 14. Describe how the project area will be reached by equipment and vehicles required for construction (for example, by an existing road or path, through an area that will be cleared, etc.)? The project area will be reached by the existing access from S. Shore Road. MAINE LAND USE PLANNING COMMISSION (ver. 10/1994) Shoreland Alteration Permit Application page 5 of 8 15. Describe any site preparation that will be required, including access for materials and equipment: No access preparation is required. Once equipment is mobilized, demolition of the existing dock and associated rubble will begin. 16. Will the project require the clearing of any trees or other vegetative cover? _______ Yes X No ______ If yes, explain and indicate the type and amount of clearing anticipated: 17. Explain, in detail, the quantity and type of materials that you propose to use in the project, and how those materials are anticipated to be used. Two stone filled 7 x 13 x 4 precast tanks with 6" cast in place concrete tops. Placement of 600 L.F.± of C.C.A. treated timbers held in place with galvanized threaded rod and reuse of stones from the existing rubble. Micronized copper azole treated decking with stainless steel fasteners. If fill is to be used, describe type of fill: Clean stone mostly from the existing rubble. 40 How much fill do you propose to use? _________________________ cubic yards If dredging or removal of materials, describe materials to be removed: Removal of old, dilapidated dock and cribwork. The dredging footprint is estimated to be 600 s.f. As much stone as possible will be reused while reconstructing the cribwork. The remainder of dredged material will be removed from the lake and disposed of off site or reused onsite under the direction of the engineer in an environmentally compliant manner. 120 What is the anticipated volume of material to be removed? ________________ cubic yards Of that material to be removed, what is the anticipated volume of removal from below the normal high water line or 100 wetland boundary? _______________ cubic yards Where would dredged materials be disposed of? Some reused. Some trucked off to an approved dumping location. 18. Provide a detailed description of sedimentation and erosion control measures you propose to protect the project site and the area surrounding your project, both during and after construction. (If you need additional space, use a separate 8 1/2" by 11" sheet of paper.) The location of the project will not allow conventional erosion and sedimentation control countermeasures; therefore, the extent of control will be a turbidity curtain surrounding the work. MAINE LAND USE PLANNING COMMISSION (ver. 10/1994) Shoreland Alteration Permit Application page 6 of 8 19. Does your proposed project involve the construction or alteration of a dam? _____ Yes If yes, explain: 20. Will any portion of the proposed project be in place on a seasonal basis? _____ Yes If yes, for how many months each year: _________ months Explain: X No _____ X No ______ summer/fall 2016 21. What is the anticipated starting date of the project? What is the estimated completion date? fall 2016 22. Is there normally a low water period of the year for the water body on which your project is proposed? X Yes ______ winter (when): ____________________ ______ No If yes, and your project is not proposed to be undertaken during the normal low water period of the water body, explain why: The Lake Association may drop the water early to accommodate this project, but if not, the work is not likely to be performed in the winter. 23. What is the size of your lot? _____________________ (in square feet if less than two acres.) 6± acres 24. What type of principal structure is presently on your lot? ____ Permanent Home ____ Seasonal or Year Round Camp ____ Recreation Vehicle ____ No structure presently on lot ____ Mobile Home ____ Commercial Structure (explain) X Other (explain) Existing dock ____ MAINE LAND USE PLANNING COMMISSION (ver. 10/1994) Shoreland Alteration Permit Application page 7 of 8 Special Exception LUPC Shoreland Alteration Permit Application Schoodic Lake Dock Reconstruction Lake View Plantation, Maine Page 4 of 8, LUPC Shoreland Alteration Permit Application The following explanations provide evidence that there is no better location for this work (a) and that the completed project will be adequately buffered from incompatible uses (b). a) Using this location will have the least impact to the environment since it has already been developed. A new location would require much greater disturbance and will leave this site in disrepair. b) The proposed project site is part of the existing boating facility. The site has been used for public access for many years, and the present boating facility was constructed in 2008. The only incompatible use may be public swimming since swimming near a boat launch is hazardous. Swimming at this site is forbidden. Page 5 of 8, LUPC Shoreland Alteration Permit Application The following explanations provide substantial evidence that a temporary docking facility is not feasible (a) and that a permanent structure is necessary to provide for public safety (b). a) A seasonal float system was considered for the project at the beginning of the concept phase. During that time various professional sources strongly advised against it because of the harsh environmental conditions, specifically the strong wind and wave action that regularly occurs at the site. b) Wave action and high wind and waves make it nearly impossible to safely land a boat at this location without a permanent dock structure. c) Not applicable. EXHIBIT A CORPORATE GOOD STANDING EXHIBIT A CORPORATE GOOD STANDING Schoodic Lake Dock Reconstruction Lake View Plantation, Maine The applicant is the Department of Inland Fisheries & Wildlife, which is a State of Maine agency. As such, a Certificate of Good Standing from the Secretary of State is not included with this application. EXHIBIT B RIGHT, TITLE OR INTEREST TO UPLAND PROPERTY EXHIBIT B RIGHT, TITLE OR INTEREST Schoodic Lake Pier Reconstruction Lake View Plantation, Maine EXHIBIT B RIGHT, TITLE OR INTEREST Schoodic Lake Pier Reconstruction Lake View Plantation, Maine EXHIBIT B RIGHT, TITLE OR INTEREST Schoodic Lake Pier Reconstruction Lake View Plantation, Maine EXHIBIT B RIGHT, TITLE OR INTEREST Schoodic Lake Pier Reconstruction Lake View Plantation, Maine EXHIBIT C RIGHT, TITLE OR INTEREST TO SUBMERGED LANDS EXHIBIT C RIGHT, TITLE OR INTEREST TO SUBMERGED LANDS Schoodic Lake Dock Reconstruction Lake View Plantation, Maine Schoodic Lake is a dammed lake greater than 30 acres in size. Since the project is located between the natural high water line and the flowed water line, no easement or lease is required from the Bureau of Public Lands. The project owner, the Maine Department of Inland Fisheries and Wildlife, also owns the upland property. EXHIBIT D LOCATION MAP AND DIRECTIONS SITE x Pine Tree Engineering Civil/Environmental Engineering 53 Front Street Bath, Maine 04530 Tel: (207) 443-1508 Fax: (207) 442-7029 — Surveying SCHOODIC LAKE DOCK RECONSTRUCTION SITE LOCATION MAP PLACE: TOWN: COUNTY: STATE: SCHOODIC LAKE LAKE VIEW PLANTATION PISCATAQUIS MAINE APPLICATION BY: ME DEPT. OF INLAND FISHERIES & WILDLIFE 41 STATE HOUSE STATION AUGUSTA, MAINE 04333-0041 DATE OCTOBER 30, 2015 EXHIBIT D EXHIBIT D - DIRECTIONS Schoodic Lake Dock Reconstruction Lake View Plantation, Maine From the Milo Town Office, head northeast on Pleasant Street for 1.3 miles. Turn left onto Lakeview Road for 6 miles. Turn left onto Mill Street for approximately 400 feet. Mill Street turns right and becomes S. Shore Road (Fire Road 1). After approximately 250 feet, access to the site is on your left. EXHIBIT E SITE PLANS EXHIBIT F PHOTOGRAPHS EXHIBIT F - PHOTOGRAPHS SCHOODIC LAKE DOCK RECONSTRUCTION LAKE VIEW PLANTATION, MAINE Photo by Robin Mayo, 5/16/15 Photo by J. C. DeWick Photo by Robin Mayo, 5/16/15 Photo by J. C. DeWick APPENDIX SUPPLEMENT S-3 Maine Land Use Planning Commission Department of Agriculture, Conservation, and Forestry For office use: Tracking No. Supplement S-3 Permit No. Requirements for Wetland Alterations Applicant Name(s): Maine Department of Inland Fisheries & Wildlife Project Location (Township and County): Lake View Plantation, Piscataquis County NATURE OF WETLAND ALTERATION 1. Describe in detail the purpose and need for the proposed wetland alteration and the type of activity involved (use additional paper if needed). 2. Will your proposal alter any amount of land that is a mapped P-WL subdistrict, any wetland identified in the field, or any ground below the normal high water mark of a lake, pond, river, stream, or intertidal area? ............................................................ X YES Will your proposal alter an acre or more of any land area, either upland or wetland? ................................................................ YES 3a. If YES, are wetlands present within the boundaries of your project area (as determined by a qualified wetland professional)? YES If NO, stop here and see instructions. 3. The dock reconstruction will allow safer and improved public access to Schoodic Lake. Construction will include installation of pilings, riprap, and deck surface. NO X NO NO WETLAND TYPE AND AMOUNT OF ALTERATION 4. 5. 6. What type of wetland(s) will be altered? (check all that apply) Provide the amount of wetland area (in square feet) that is proposed to be altered within each category that is checked off, then calculate the total area of wetland alteration. sq. ft. TOTAL AREA OF WETLAND ALTERATION: X P-WL1: Wetland of special significance 850 P-WL2: Scrub shrub wetland sq. ft. sq. ft. P-WL3: Forested wetland sq. ft. Indicate the amount of wetland area (in square feet) that is proposed to be altered within each of the following categories: Coastal wetland sq. ft. River, stream or brook bottom sq. ft. X Lake or pond bottom Freshwater wetland sq. ft. sq. ft. 850 Do the wetlands to be altered contain any critically imperiled (S1) or imperiled (S2) natural communities? .............................. YES XNO PREVIOUS ALTERATION, AVOIDANCE, EROSION/SEDIMENTATION CONTROL 7. Has any wetland area been previously altered on the property? ................................................................................................ X YES 7a. If YES, provide the date, purpose, and amount of previous alteration, and whether permits were obtained. Maintenance of the dock and construction of the present facility took place in 2008 under LURC Permit GP3290. Man made alterations date back to the 1800s. 8. Is there a reasonable way for you to conduct your project that avoids alteration of wetland areas? .......................................... 8a. If NO, explain why not and describe how you propose to minimize the amount of wetland to be altered. YES NO XNO A dock's use is water dependent. The dock will be reconstructed on the site of the current dock, avoiding the need to create new wetland disturbance at another site. 9. How will you keep disturbed soils from eroding into nearby lakes, ponds, rivers, streams, intertidal areas, or other wetlands? Turbidity curtains will be used during construction to prevent any disturbed soils from spreading into the lake. LEVEL OF WETLAND REVIEW AND REQUIRED EXHIBITS 10. Determine the level of wetland review required for your project (check only one option) and submit all necessary exhibits with this supplement (see instructions for details). Altering less than 4,300 sq. ft. of a P-WL2 or P-WL3. Altering 4,300 – 14,999 sq. ft. of a P-WL2 or P-WL3, or a P-WL1 wetlands where the wetland is included as a P-WL1 wetland of special significance solely on the basis of its containing an S1 or S2 natural community. Altering 15,000 – 43,560 sq. ft. of a P-WL2 or P-WL3. X Altering a P-WL1 of any size (except as otherwise provided above for Tier 1 review). Altering 43,560 sq. ft. or more of a P-WL2 or P-WL3. MAINE LAND USE PLANNING COMMISSION (ver. 01/2015) Level of Review None Tier 1 Required Exhibits S-3A Tier 2 S-3A, S-3B, S-3C, S-3D Tier 3 Supplement S-3: Requirements for Wetland Alterations