permit - maine.gov

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JANET T. MILLS GOVERNOR STATE OF MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION & FORESTRY LAND USE PLANNING COMMISSION 191 MAIN STREET E. MILLINOCKET, ME 04430 191 MAIN STREET E. MILLINOCKET, ME 04430 PHONE: 207-399-2176 WWW.MAINE.GOV/DACF/LUPC FAX: 207-287-7439 AMANDA E. BEAL COMMISSIONER JUDY C. EAST EXECUTIVE DIRECTOR PERMIT DEVELOPMENT PERMIT DP 5089 The staff of the Maine Land Use Planning Commission (hereafter, the Commission), after reviewing the application and supporting documents submitted by Haley Ward on behalf of Elliotsville Foundation, Inc. for Development Permit DP 5089, finds the following facts: 1. Applicant: Elliotsville Foundation, Inc. PO Box 148 Portland, ME 04112 2. Agent: Haley Ward 1 Merchants Plaza, Suite 701 Bangor, ME 04401 3. Date of Completed Application: March 17, 2021 4. Location of Proposal: Maine Revenue Service Map PE015, Plan 01, Lot 1 T3 R7 WELS, Penobscot County, Maine Penobscot County Registry of Deeds Book 14252, Page 191 5. Zoning: General Management Subdistrict (M-GN) 6. Lot Size: 9,896 Acres 7. The lot is owned by the United States of America, National Park Service. Theapplicant, Elliotsville Foundation, Inc. (formerly Elliotsville Plantation, Inc.) has been granted the rights to construct a visitor contact station along with all appurtenances. 8. Principal Building: Proposed 9,199 SF Visitor Contact Station 9. Accessory Structures: Proposed 16 ft. by 100 ft. Utility Building Proposed 18 ft. by 128 ft. Parking Area Proposed 18 ft. by 87 ft Parking Area Proposed 18 ft. by 157 ft Parking Area Proposed 18 ft. by 147 ft Parking Area

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Page 1: PERMIT - maine.gov

JANET T. MILLS GOVERNOR

STATE OF MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION & FORESTRY

LAND USE PLANNING COMMISSION 191 MAIN STREET

E. MILLINOCKET, ME 04430

191 MAIN STREET E. MILLINOCKET, ME 04430 PHONE: 207-399-2176 WWW.MAINE.GOV/DACF/LUPC FAX: 207-287-7439

AMANDA E. BEAL COMMISSIONER

JUDY C. EAST

EXECUTIVE DIRECTOR

PERMIT DEVELOPMENT PERMIT DP 5089 The staff of the Maine Land Use Planning Commission (hereafter, the Commission), after reviewing the application and supporting documents submitted by Haley Ward on behalf of Elliotsville Foundation, Inc. for Development Permit DP 5089, finds the following facts:

1. Applicant: Elliotsville Foundation, Inc. PO Box 148 Portland, ME 04112

2. Agent: Haley Ward 1 Merchants Plaza, Suite 701 Bangor, ME 04401

3. Date of Completed Application: March 17, 2021

4. Location of Proposal: Maine Revenue Service Map PE015, Plan 01, Lot 1

T3 R7 WELS, Penobscot County, Maine Penobscot County Registry of Deeds Book 14252, Page 191

5. Zoning: General Management Subdistrict (M-GN)

6. Lot Size: 9,896 Acres

7. The lot is owned by the United States of America, National Park Service. Theapplicant,

Elliotsville Foundation, Inc. (formerly Elliotsville Plantation, Inc.) has been granted the rights to construct a visitor contact station along with all appurtenances.

8. Principal Building: Proposed 9,199 SF Visitor Contact Station

9. Accessory Structures: Proposed 16 ft. by 100 ft. Utility Building

Proposed 18 ft. by 128 ft. Parking Area Proposed 18 ft. by 87 ft Parking Area Proposed 18 ft. by 157 ft Parking Area Proposed 18 ft. by 147 ft Parking Area

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Proposed 18 ft. by 92 ft Parking Area Proposed 10 ft. by 283 ft Parking Area Proposed Walking Trails

10. Sewage Disposal: Proposed Complete Non-Engineered System with no rule variance

Existing Conditions:

11. The proposal is located on a 9,896 acre lot in T3 R7 WELS. The lot is part of the Katahdin Woods and Waters National Monument. Seboeis Road, Sherman Lumber Co. Road and existing logging roads run through the lot as well as part of the East Branch Penobscot River. The lot is covered by large forested areas and wetlands with existing campsites and trails throughout the lot. On August 20, 2020, Road Permit RP 3301 was issued to Maine Waterside Trails for construction of East Branch Connector Road on the lot.

Proposal:

12. Proposed Activities: The applicant proposes to construct a 9,199 SF visitor contact station with all appurtenances, including a 16 ft. by 100 ft. utility building, six (6) parking areas and walking trails. The proposed project would be located on Lookout Mountain below the ridgeline. The proposed facility would be served by a complete, non-engineered subsurface sewage disposal system, would have a well drilled for water, and would be served by solar power. The proposed facility would be located within the General Management (M-GN) Subdistrict.

13. Site Location and Access: The proposed visitor contact station would be located on the East Branch Connector Road which connects Seboeis Road to Swift Brook Road.

14. Right, Title and Interest: The applicant has submitted a signed deed from Elliotsville Plantation, Inc. (currently known as Elliotsville Foundation, Inc.) to the United States of America for the entire parcel which included the reserved right of the grantor to construct, establish, and locate a visitor contact station and appurtenances including below ground utilities, waste management systems, and parking areas. The applicant has also submitted a notice of extension of term for exercise of reserved rights of Elliotsville Foundation, Inc. which shows the reserved rights are extended to August 12, 2023.

15. Technical and Financial Capacity: The applicant has hired professional consultants for design, permitting, and construction of the proposed project. Haley Ward would be responsible for permitting and design work, and Wright Ryan would be responsible for construction. The applicant estimates the project cost to be $10,600,000.00 and has provided a copy of their 2019 tax form 990-PF indicating there are sufficient funds available to complete the project.

16. Vehicular Circulation, Access and Parking: The applicant proposes access to the site via the East Branch Connector Road. There would be approximately 47 gravel, on-street, 45 degree angle parking areas along the road for regular traffic and a turnout loop for bus and RV parking and turning around with approximately 6 large parking spaces. The applicant proposes a speed

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limit of 15 miles per hour and sight distances from the parking spaces in excess of 155 feet). The proposed parking areas would not block sight distances for passing vehicles and would be angled such that headlights of parked vehicles would not interfere with passing vehicles. Logging vehicles would not be expected to pass the proposed development and parking areas as evidenced by typical traffic patterns on existing roadways. A natural vegetative buffer would be maintained between the proposed structure and the roadway and parking areas.

17. Natural Character and Cultural Resources: The applicant has submitted photographs of current conditions and narratives to demonstrate how the proposal will minimize the visual impact from surrounding points of interest. The proposal would be located below the ridgeline of Lookout Mountain. All building materials used would blend into the natural surroundings. Existing vegetation would be removed only as necessary for construction and would be protected to the maximum extent possible. Parking areas would be located to minimize visual impacts from surrounding areas.

18. Noise and Lighting: The applicant has anticipated minimal noise associated with the proposal. Noise from construction equipment would be generated during construction, and after construction is completed, only vehicular traffic and occasional generator noise are anticipated. These noise levels would not be heard at the property boundaries. The proposed facility would have seasonal, daytime hours, and all non-essential lighting would be shut off outside of operating hours.

19. Soil Suitability: The applicant submitted a natural resource and soils investigation memo detailing vernal pool and natural resource surveys conducted onsite by a licensed soil scientist from Haley Ward. At the proposed development site, no wetlands, streams, or vernal pools were identified. The applicant also submitted an Explorations and Design Phase Geotechnical Engineering report, conducted by S. W. Cole Engineering, detailing soil explorations conducted onsite and design requirements based on the findings. The applicant proposes to incorporate the following measures during development as outlined in the report:

Removal of weathered bedrock using mechanical methods to construct on clean, sound bedrock,

Conducting earthwork during drier, non-freezing seasons, Engaging a licensed blasting contractor if blasting is necessary, Utilizing sumping and pumping dewatering techniques if groundwater is encountered to

maintain a water level at least 1 foot below planned excavation depths, Casting foundations and footings on clean, sound bedrock and properly prepared

subgrades with prestressed, Class I corrosion protection, grouted rock anchors, and Importing Granular Borrow and Structural Fill to backfill foundations.

Haley Ward completed four hand dug test pits and several hand auger borings, and S. W. Cole completed ten hand auger test pits and four solid-stem auger borings. Results from all borings were submitted by the applicant. Soils types identified were consistent with the U.S. Department of Agriculture Natural Resource Conservation Service mapping and included Winnecook and Thorndike series soils. Bedrock was the limiting factor for all borings and test pits and ranged in depth from 1.1 to 11.2 feet.

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In addition, four test pits were dug by a licensed site evaluator to determine the proposed location of the subsurface wastewater disposal system. Findings were consistent with other test pits onsite detailing well drained, stony fine sandy loam, profile 2A soils with 15% slopes and depth to bedrock ranging from 13 to 22 inches.

20. Solid Waste Disposal: Solid waste would be handled by the National Park Service. It would be transported by the National Park Service to their headquarters in Patten, Maine, where it would be picked up by Pine Tree Waste and transported to Juniper Ridge Landfill.

21. Subsurface Wastewater Disposal: The applicant provided an HHE 200 form for a proposed complete, non-engineered subsurface wastewater disposal system with no rule variance. The system is designed for a 1,140 gallon per day load.

22. Water Supply: The applicant is proposing an on-site well to provide water for public restrooms. It would be located and drilled in accordance with best management practices to prevent groundwater contamination.

23. Erosion and Sedimentation Control: The applicant has included an erosion and sediment control plan prepared by Haley Ward that would be implemented and maintained by the contractor, Wright Ryan, during construction, and would be maintained by the owner, the National Park Service, post construction. The erosion and sediment control plan includes a plan implementation schedule, a description or proposed erosion and sediment control measures, a list of materials required for those measures, a maintenance plan and schedule, inspection plans, schedule, and sample inspection log, and general housekeeping items for overall site compliance.

24. Groundwater Quality: The applicant is not proposing any activities that would affect groundwater quality.

25. Air Quality: The applicant is not proposing any activities that would affect air quality.

26. Protected Natural Resources: No essential habitats, archaeological sensitive areas or structures, rare botanical features or wetlands have been located or identified at the proposed project location.

Summary of Key Standards:

27. Under the provisions of Section 10.22,A,3,a,(7) of the Commission’s Land Use Districts and Standards, trails are allowed without a permit from the Commission within the M-GN subdistrict provided they are constructed and maintained so as to reasonably avoid sedimentation of water bodies.

28. Under the provisions of Section 10.22,A,3,c,(22) of the Commission’s Land Use Districts and Standards, non-commercial structures utilized for educational, scientific, or nature observation purposes; structures devoted to composting of sludge, septage, or other residuals affecting an area less than 5 acres in size; and structures devoted to the storage of sand or salt and any related accessory structures may be allowed within M-GN subdistricts upon issuance of a

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permit from the Commission pursuant to 12 M.R.S §685-B, and subject to the applicable requirements set forth in sub-chapter III.

29. Under the provisions of Section 10.24 of the Commission’s Land Use Districts and Standards, the applicant must demonstrate “evidence of sufficient right, title or interest in all of the property that is proposed for development or use.” 12 M.R.S. §685-B(2)(D)

30. Under the provisions of Section 10.25,C,1 of the Commission’s Land Use Districts and Standards, the applicant shall retain qualified consultants, contractors and staff to design and construct proposed improvements, structures, and facilities in accordance with approved plans. In determining the applicant’s technical ability, the Commission shall consider the size and scope of the proposed development, that applicant’s previous experience, the experience and training of the applicant’s consultants and contractors, and the existence of violations or previous approvals granted to the applicant.

31. Under the provisions of Section 10.25,C,2 of the Commission’s Land Use Districts and

Standards, the applicant shall have adequate financial resources to construct the proposed improvements, structures, and facilities and meet the criteria of all state and federal laws and standards of these rules. In determining the applicant’s financial capacity, the Commission shall consider the cost of the proposed subdivision or development, the amount and strength of commitment by the financing entity, and when appropriate, evidence of sufficient resources available directly from the applicant to finance the subdivision or development.

32. Under the provisions of Section 10.25,D,1 of the Commission’s Land Use Districts and Standards, provision shall be made for vehicular access to and within the project premises in such a manner as to avoid traffic congestion and safeguard against hazards to traffic and pedestrians along existing roadways and within the project area. Development shall be located and designed so that the roadways and intersections in the vicinity of the development will be able to safely and efficiently handle the traffic attributable to the development in its fully operational stage.

33. Under the provisions of Section 10.25,D,3,c of the Commission’s Land Use Districts and Standards, in areas where on-street parking already exists, new development shall have on-street parking where practicable and if there are sufficient spaces available in the immediate vicinity. Otherwise, parallel or diagonal on-street parking is permitted where the Commission finds that it will adequately meet the parking needs of the development and will not cause congestion or safety problems. Perpendicular on-street parking is prohibited.

34. Under the provisions of Section 10.25,E,1 of the Commission’s Land Use Districts and Standards, the design of proposed development shall take into account the scenic character of the surrounding area. Structures shall be located, designed and landscaped to minimize their visual impact on the surrounding area, particularly when viewed from existing roadways or shorelines. To the extent practicable, proposed structures and other intrusive development shall be placed in locations least likely to block or interrupt scenic views as seen from traveled ways, water bodies or public property.

35. Under the provisions of Section 10.25,F,2,a of the Commission’s Land Use Districts and

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Standards, all residential, commercial and industrial building exterior lighting fixtures will be full cut-off except for incandescent lights of less than 160 watts, or any other light less than 60 watts. Full cut-off fixtures are those that project no more than 2.5% of light above the horizontal plane of the luminary’s lowest part.

36. Under the provisions of Section 10.25,F,2,b of the Commission’s Land Use Districts and Standards, all exterior lighting shall be designed, located, installed and directed in such a manner as to illuminate only the target area, to the extent practicable. No activity shall produce a strong, dazzling light or reflection of that light beyond lot lines onto neighboring properties, onto any water bodies with a significant or outstanding scenic resource rating, or onto any roadway so as to impair the vision of the driver of any vehicle upon that roadway or to create nuisance conditions.

37. Under the provisions of Section 10.25,F,2,c of the Commission’s Land Use Districts and Standards, for commercial, industrial and other non-residential development, all non-essential lighting shall be turned off after business hours, leaving only the minimal necessary lighting for site security. The term “non-essential” applies, without limitation, to display, aesthetic and parking lighting.

38. Under the provisions of Section 10.25,G,1,b of the Commission’s Land Use Districts and Standards, for new commercial, industrial and other non-residential development, a Class A high intensity soil survey shall be used to identify soils within any proposed disturbed area. A Class C soil survey may be used to identify soils elsewhere within the project area.

39. Under provisions of Section 10.25,G,3 of the Commission’s Land Use Districts and Standards, for all developments that include onsite subsurface wastewater disposal, a sufficient number of test pits must be provided within the footprints of all proposed wasterwater disposal fields to adequately document that disposal fields can be installed entirely on soils and slopes in compliance with the Subsurface Wastewater Disposal Rules (10-144A CMR 241).

40. Under the provisions of Section 10.25,H,1 of the Commission’s Land Use Districts and Standards, provision shall be made for the regular collection and disposal of site-generated solid wastes at a state-approved landfill or transfer station.

41. Under the provisions of Section 10.25,I,1 of the Commission’s Land Use Districts and Standards, no permit will be issued for a project with subsurface waste water disposal unless an acceptable plan to construct the absorption area is prepared. Where waste water is to be disposed on-site by a subsurface waste water system, the system shall be designed by a licensed site evaluator or a Maine Licensed Professional Engineer, in accordance with the Subsurface Waste Water Disposal Rules, or shall be licensed by the Maine Department of Environmental Protection pursuant to 38 M.R.S. §413(1-B)(A).

42. Under the provisions of Section 10.25,J,1 of the Commission’s Land Use Districts and Standards, individual wells shall be sited and constructed to prevent infiltration of surface water and contamination from subsurface waste water disposal systems and other known sources of potential contamination.

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43. Under the provisions of Section 10.25,M,3,a of the Commission’s Land Use Districts and

Standards, for development that occurs when the ground is frozen or saturated or that creates a disturbed area of one acre or more, the applicant must submit an erosion and sedimentation control plan for Commission approval in accordance with the requirements of Section 10.25,M,3,b.

44. Under the provisions of Section 10.25,M,3,b of the Commission’s Land Use Districts and Standards, a Commission approved erosion and sedimentation control plan in conformance with these standards shall be implemented throughout the course of the project, including site preparation, construction, cleanup, and final site stabilization. The erosion and sedimentation control plan shall include the following:

A. For activities that create a disturbed area of one acre or more: (1) A site plan identifying vegetation types and location, slopes, and other

natural features such as streams, gullies, berms, and drainage ditches. Depending on the type of disturbance and the size and location of the disturbed area, the Commission may require a high intensity soil survey covering all or portions of the disturbed area.

(2) A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.

(3) A detailed description of all temporary and permanent erosion and sedimentation control measures, including, without limitation, seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.

(4) Provisions for the continued maintenance and inspection of erosion and sedimentation control devices or measures, including estimates of the cost of maintenance and plans for meeting those expenses, and inspection schedules.

45. Under the provisions of Section 10.25,N,1 of the Commission’s Land Use Districts and

Standards, the development shall not pose an unreasonable risk that a discharge of pollutants to a groundwater aquifer will occur.

46. Under the provisions of Section 10.25,O of the Commission’s Land Use Districts and

Standards, commercial, industrial and other non-residential development (including but not limited to solid waste disposal facilities, crematories, wood products manufacturing, pulp and paper mills, rock crushing operations, and asphalt batch plants) must comply with all State and Federal air quality laws and standards.

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47. Under the provisions of Section 10.25,P,2,a,(1),(a) of the Commission’s Land Use Districts and Standards, if a proposed activity requires a permit and will alter 15,000 or more square feet of wetland area, or 1 acre or more of overall land area, the applicant must delineate on the ground and in a site plan all wetlands within the general project area using methods described in the “Corps of Engineers Wetlands Delineation Manual.” U.S. Army Corps of Engineers. (1987) and the “Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region.” U.S. Army Corps of Engineers. (Version 2.0, January 2012).

48. Under the Provisions of Section 10.26,D,3 of the Commission’s Land Use Districts and Standards, the applicable setbacks for commercial, industrial, and other non-residential structures are 150 feet from each flowing water draining 50 square miles or more and a body of standing water 10 acres or greater in size, 75 feet from the traveled portion of all roadways, and 25 feet from side and rear property lines.

49. The facts are otherwise as represented in the application for Development Permit DP 5089 and supporting documents.

Review Agency Comments:

1. The Maine Department of Inland Fisheries and Wildlife has reviewed the proposal and submitted the following comments:

a. Assuming no vernal pools are impacted, including any critical terrestrial habitats of any pool, minimal impacts are anticipated.

2. The Maine Natural Areas Program has reviewed the proposal and states that according to

current information there are no rare botanical features that will be disturbed within the project site.

3. The Maine Historic Preservation Commission has reviewed the proposal and states that they

have no concerns regarding archaeological or architectural resources from this project.

4. The Maine Department of Transportation has reviewed the proposal and had no comments regarding the proposed parking areas.

Based upon the above Findings, the staff concludes that:

1. In accordance with Section 10.22,A,3,a,(7) of the Commission’s Land Use Districts and

Standards, the proposed trails are use allowed within the M-GN Subdistrict without a permit since there will be no sedimentation to any water bodies.

2. In accordance with Section 10.22,A,3,c,(22) of the Commission’s Land Use Districts and Standards, the proposal will meet the requirements of a non-commercial structure utilized for educational, scientific, or nature observation purposes and will be an allowed use within the M-GN Subdistrict upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B.

3. In accordance with Section 10.24 of the Commission’s Land Use Districts and Standards,

sufficient right, title, and interest has been demonstrated with the submission of a signed

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deed for the property which includes the reserved rights of the applicant to construct this project and a notice of extension of term to exercise those reserved rights.

4. In accordance with Section 10.25,C of the Commission’s Land Use Districts and

Standards, the applicant has demonstrated adequate technical and financial capacity to complete the proposed project.

5. In accordance with Section 10.25,D of the Commission’s Land Use Districts and

Standards, the proposal includes provisions for safe and effective vehicular circulation, access, and parking that will minimize visual impacts from surrounding points of interest.

6. In accordance with Section 10.25,E,1 of the Commission’s Land Use Districts and

Standards, the proposal will be located, designed and landscaped to minimize the visual impacts on the surrounding area, particularly when viewed from existing roadways or shorelines. To the extent practicable, the proposed structure has been proposed in a location least likely to block or interrupt scenic views as seen from traveled ways, water bodies, or public property.

7. In accordance with Section 10.25,F of the Commission’s Land Use Districts and

Standards, the proposal will meet the requirements for noise and lighting.

8. In accordance with Section 10.25,G of the Commission’s Land Use Districts and Standards, the applicant has submitted evidence from a licensed site evaluator, a certified soil scientist, and a geotechnical engineering firm demonstrating that the soils at the proposed development site are sufficient for construction and a subsurface wastewater disposal system.

9. In accordance with Section 10.25,H of the Commission’s Land Use Districts and

Standards, the applicant has demonstrated that there will be proper solid waste disposal from the developed site.

10. In accordance with Section 10.25,I,1 of the Commission’s Land Use Districts and

Standards, the applicant has provided plans for a subsurface wastewater disposal system designed by a licensed site evaluator.

11. In accordance with Section 10.25,J,1 of the Commission’s Land Use Districts and

Standards, a well will be installed at the development site.

12. In accordance with Section 10.25,M of the Commission’s Land Use Districts and Standards, an erosion and sedimentation control plan has been submitted detailing devices and procedures to prevent and monitor erosion and sedimentation at the development site during and after construction.

13. In accordance with Section 10.25,N, 1 of the Commission’s Land Use Districts and

Standards, the applicant has demonstrated that the proposal will not affect groundwater quality.

14. In accordance with Section 10.25,O of the Commission’s Land Use Districts and

Standards, the applicant has demonstrated that the proposal will not affect air quality.

15. In accordance with Section 10.25,P of the Commission’s Land Use Districts and Standards, no wetlands were located within the proposed project area, and no additional level of review was required.

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16. In accordance with Section 10.26,D,3 of the Commission’s Land Use Districts and

Standards, the proposed development will be in compliance with all applicable setbacks.

17. 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.

Therefore, the staff approves the Development Permit Application Request of Elliotsville Foundation, Inc. with the following conditions:

1. At least one week prior to commencing the permitted activities, the permittee or the designated agent must contact the Commission staff and notify them of the estimated date construction work will start. Notice may be provided in writing, in person, by email, or by calling. If you leave or send a message, please include your full name, telephone number, permit number, and the date the work will start.

2. Prior to commencing the permitted activities, the permittee, or the designated agent acting

on behalf of the permittee, must provide a copy of the permit, including its attached conditions, to contractors that will be performing work or will be responsible for work at the site.

3. The enclosed permit certificate must be posted in a visible location on your property

immediately after receipt and during development of the site and construction of the structures and activities approved by this permit.

4. Construction activities authorized in this permit must be substantially started within 2 years

of the effective date of this permit and substantially completed within 5 years of the effective date of this permit. If such construction activities are not started and completed within this time limitation, this permit shall lapse and no activities shall then occur unless and until a new permit has been granted by the Commission.

5. All authorized structures must be set back a minimum of 75 feet from the traveled portion

(edge) of the nearest roadway and at least 25 feet from the nearest property boundary lines.

6. Clearing and construction activities, except those necessary to establish sedimentation control devices, shall not begin until all erosion and sedimentation control devices (including ditches, culverts, sediment traps, settling basins, hay bales, silt fences, etc.) have been installed and stabilized. Once in place, such devices shall be maintained to ensure proper functioning. All temporary sedimentation and erosion control devices shall be removed after construction activity has ceased and a cover of healthy vegetation has established itself or other appropriate permanent control measures have been effectively implemented. Permanent soil stabilization shall be completed within one week of inactivity or completion of construction.

7. Once construction is complete, the permittee(s) shall submit a self-certification form,

notifying the Commission that all conditions of approval of this permit have been met. The permittee shall submit all information requested by the Commission demonstrating compliance with the terms of this permit.

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8. All exterior lighting must be located and installed so as to illuminate only the target area to the extent possible. Exterior lighting must not produce a strong, dazzling light or reflection beyond lot lines onto neighboring properties, water bodies, or roadway so as to impair driver vision or to create nuisance conditions.

9. The permittee shall secure and comply with all other applicable licenses, permits,

authorizations and monitoring requirements of all federal, state and local agencies including, but not limited to, the Maine Department of Health and Human Service’s Division of Environmental Health’s, Subsurface Wastewater Unit and Health Inspection Program.

10. The scenic character and healthful condition of the area covered under this permit must be

maintained. The area must be kept free of litter, trash, junk cars and other vehicles, and any other materials that may constitute a hazardous or nuisance condition.

11. The applicant must incorporated the earthwork and foundation recommendations detailed by State of Maine Professional Engineer No. 13928 in the submitted Explorations and Design Phase Geotechnical Engineering Services Report, along with Good Engineering Practices and Best Management Practices.

12. To protect the scenic quality of East Branch Penobscot River and Mt. Katahdin, all

authorized structures must be screened with vegetation from view and, if of other than a natural wood finish, structures must be painted or stained a natural color to blend with their surroundings. The structures must not be sited on a ridge or knoll such that they are visible above the treeline from the river. All authorized structures must be located, designed and landscaped to reasonably minimize their visual impact on the surrounding area, particularly when viewed from existing roadways or shorelines.

13. Upon completion of the permitted structure(s) within the terms of this permit, all solid waste

and other debris must be disposed of in a proper manner, in compliance with applicable state and federal solid waste laws and rules.

14. Once construction is complete, the permittee(s) shall submit a self-certification form,

notifying the Commission that all conditions of approval of the permit have been met. The permittee shall submit all information requested by the Commission demonstrating compliance with the terms of this permit.

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(s) complies(y) 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 Planning 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 EAST MILLINOCKET, MAINE, THIS 1st DAY OF JULY, 2021.

By: _______________________________________

for Judy C. East, Executive Director

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P-WL2

P-WL1

P-WL2

P-WL3

P-SL2

P-SL2

T3 R7 WELS

01-1

USDA FSA, MaineGIS

Unorganized TownshipsP-SL2: Shoreland - 75'P-WL1: Wetlands of Special SignificanceP-WL2: Scrub-shrub WetlandsP-WL3: Forested Wetlands

0 500 1,000 1,500 2,000250 Feet

±March 31, 2021

T3 R7 WELS, Penobscot CountyMap PE015, Plan 01, Lots 1