[From the U.S. Government Printing Office, www.gpo.gov]




     Maines
     Coastal Program

      PROGRESS REPORT                         FEBRUARY THRXGH APRIL 1991


















                           PA


                                                 Eastport
                                   Bango     .......

                                               achias

                  Augusta...:          Bar Harbor


                                  Ckland

                       Portland




                    Kittery

         HT
         393
         .M2
         M35
                                                         M-       'd
                                                           4@0




     E FFB-APR  Oepartment             Maine State Planning Office
         1991
















                   M A I NE 'S COASTAL PROGRAM










                                 Progress Report
                           February through April 1991

                                 CZ521 (1990-91)











                                   Submitted to

                The National oceanic & Atmospheric Administration
                  Office of Ocean & Coastal Resource Management
                         Washington, D.C.   20235




                    US Department of Commerce
                  NOAA Coastal Services Center LibrarY
                       2234 South Hobson Avenue
                       Charleston SC 23405-2418



        Maine State Planning office                Augusta, Maine 04333
        State House Station No. 38                 Tel. (207) 289-3261
 













                                    TABLE OF CONTENTS
















         Task I      Core Law Enforcement & Administration    . . . . . . .     1


                    *A.  DEP    Core Law Enforcement & Administration
                     B.  DECD     Code Enforcement Officer
                         Training Program
                     C.  DECD -- Shoreland Zoning Technical
                         Assistance to Regional Councils & Towns
                    *D.  Regional Councils -- Shoreland Zoning
                         Technical Assistance to Towns

         Task 2         Municipal Grant Program   . . . . . . . . . . . . .     I

         Task 3      Coastal Policy Development: Allocating
                     Maine's Marine Waters    . . . . . . . . . . . . . . .     1

         Task 4      Program Management & Public Education

                     A. Public Education Initiatives
                          (1) Coastwe'ek    . . . . . . . . . . . . . . .     13
                          (2) Shore Stewards Program     . . . . . . . . .    13
                          (3) Gulf of Maine Program      . . . . . . . . .    17
                          (4) Other    . . . . . . . . . . . . . . . . .      17

                     B. OCS Oversight     . . . . . . . . . . . . . . . .     17

                     C. Other                                                 17
                          (1)   Estuary Project Follow-Up    . . . . . . .    17
                          (2)   Enforcement Options Study  . . . . . . . .    17
                          (3)   Section 309 Enhancement Program     . . . .   19
                          (4)   New Section 306/309 Funding Application.      19
                          (5)   CZ521 Time Extension & Reprogramming          19
                          (6)   Wells dredging, Sears Island, access
                                improvements, aquaculture, etc.               19























                                                                            Page



          EXHIBITS


          E-1    DEP Quarterly Report   . . . . . .  . . . . . . . . . . .     43
          E-2    Shoreland Zoning News, Spring 1991     . . . . . . . . . .    51
          E-3    Considering the Treatment of Nonconforming
                 Structures in the Shoreland Zone, DECD/OCP      . . . . . .   53
          E-4    DEP Issue Profile, Permit by Rule (rev. 3/91)       . . . .   56
          E-5    Incorporating Coastal Policies into Comprehensive
                 Plans, DECD/OCP    . . . . . . . . . . . . . . . . . . .      58
          E-6    Performance Standards for Piers, Docks, Wharves &
                 Other Marine Structures, DECD/OCP      . . . . . . . . . .    62
          E-7    A Progress Report on Maine's Growth Management
                 Program, Colgan & Gale, March 1991     . . . . . . . . . .    66
          E-8    Governor's Comments on Draft OCS Plan, 4/26/91      . . . .   71
          E-9    The Ripple Effect, April-June 1991     . . . . . . . . . .    73
          E-10   Quarterly Reports from Coastal Coordinators       . . . . .   75
          E-11   List of Products, CZ521 Award (1990-91)      . . . . . . .    90





















                significant improvement Tasks


          prog5-91.rpt










                               STATUS OF GRANT TASKS
                                  1990-91 (CZ521)



         Task 1 -- Core Law Enforcement & Administration

             *A. DEP -- Core Law Enforcgment & Administration

              The DEP Land Bureau's quarterly report is reproduced as
         Exhibit E-1.   See also the clippings reproduced below.

              B.  DECD -- Code Enforcement Officer Training Program

              See the DECD's progress report reproduced below.

              C.  DECD -- Shoreland Zoning Technical Assistance to
                  Regional Councils & Towns

              See the DECD's progress report reproduced below.

             *D.  Regional Councils -- Shoreland Zoning Technical
                  Assistgnce to Towns

              See the DECD's progress report reproduced below and Exhibit
         E-10, Quarterly Reports from thg Coastal Coordinators.


         Task 2       Municipal Grant Program

              See the DECD's progress report reproduced below. Note that
         OCRM's Section 306 Financial Assistance Award Approval Memorandum
         established an April 30, 1991, Significant Improvement Benchmark
         for Coastal Management Grants under this Task. This Benchmark
         requires submission of a preliminary report to OCRM evaluating
         the effectiveness of the Coastal Management Grant Program.
         Inasmuch as communities are taking longer than expected to
         complete approved comprehensive plans and apply for Coastal
         Management Grants, no Coastal Management Grants have been
         completed; a project extension and postponement of the
         evaluation benchark will be requested in the near future.


         Task 3 -- Coastal Policy Developsent:
                   Allocating Maine's Marine Waters

              Work is progressing as scheduled. The report initiated
         under CZ100 was circulated to State agencies for review and
         comment and presented to the interagency Marine Program Working
         Group. The report summarizes the level of activity in the
         State's marine waters; inventories the State and federal
         agencies that are engaged in planning or managing the uses of
         marine waters; discusses issues and problems with the current
         approach to managing those uses; and suggests several options
         for improving marine waters policy and management.

                                          1



              Developer likes DEP exemption
              0 Windham has become one of
              four towns in Maine that can do                            tCWejust don't see the need of using faxpayers'dollavs at both
              its own environmental review.                                       the state and local level to do (lie sainejoh twice.19
              By JASON WOIYE               rem                      I             Debinih Richard, director of the DEP's Bureau of Und Quality                                                             22 MAINE WEEKEND-Bangor Daily News, Sat.-Sun., May 18 - 19, ifigi
              Staff Writcr                    31f /I I               "That was    a major factor for me," said             The program is intended to avoid urine-                                         compromise reached
                 WINDHAM - The uncertain economy                    Gainerh owner of Maine Design and Devel-            cessary review, ease the DEP's workload
              Airred developer Bill Gaines to weigh with            opment Co. in Windham. State review "is a           and give developers speedier approvals.
              caution the pros and cons or his plan to build        time-consuming, slow, tedious process ...              The state agency often duplicates the
              a medium-size, shopping complex along Route           The longer you delay, the more expensive            work town boarriq and planners now do. "We                                         on island luxury resort
              3W.                                                   and risky a project becomes."                       just drin't see the need of using taxpayers'
                 The scale Upped in the project's favor              Windham is the first community in the              dollars at both the state and local level to do
              when Gaines teamed the state last week                Pordand area given authority by the state           the same job twice," said Debrah Richard,                                            Environmentalists hail developer's cooperation
              added Windharn to the short Ud of com-                Department of Environmental Protection to           director of the DEP's Bureau of Land
              munities able to bypass lengthy state reviews         Issue permits for certain development pro.          Quality and the programs administrator.                                            PORTLAND (AP) - A compromise
              for certain development proposals.                    jects without first seeking state approval.            By stripping away a layer of regulation,
                                                                                                                        the program can spare commercial and                                               between conservation groups and a develop.                 "The battle against the in-
                                                                                                                                                                                                           er over a luxury resort being built on Great
                                                                                                                        residential developers from waiting an                                             Diamond Island will set the pattern far fu.              tensive development of Great
                                                                                                                        average of 10 months for DEP review,; after                                        ture island projects in Maine, both sides said           Diamond Island represents a
                                                                                                                        local approval is granted.                                                         Thursday.
                                                                                                                           Windham joins Lewiston, Auburn and                                              Three groups that had fought the McKinley                classic case of successful en-
                                                                                                                        Bangor as the only Maine communities                                               Estates project - the Maine Audubon So-
                                                                                                                        registered in the program. it was begun in                                         ciety, the Island Institute and the Casco Bay            vironmental protection."
                                                                                                                        1972 and expanded in September 1.989 to                                            Island Development Association - unveiled                - Jeffrey Thaler, environmentalists' attorney
                                                                                                                        include more projects towns can review on                                          an agreement they had reached with the de-
                                                                                                                        their own.                                                                         veloper to withdraw their opposition.
                                                                                                                           Portland is in the process of submitting an                                     "We feel this plan represents economics                  opment restrictions and have the right to
                                                                                                                        application, and Falmouth's formal applica-                                        and environmental concern," said David Ba-               enter the resort to make sure the covenants
                                                                                                                        tion is in the mail to Augusta.                                                    tem@n, general partner in Diamond Cove                   are being obeyed, Urquhart said.
                                                                                                                           By law, the DEP must review subdivi-                                            Associates, the developer. "Both have an                 In addition, Maine Audubon will be given a
                                                                                                                        skins of mom than 20 acres and commercial                                          equal place and can be combined in such a                non-voting seat on the homeowners' board
                                                                                                                        structures of more than 60,01101) square feel-                                     way as to create a project that is both eco-             that reviews compliance with the develop.
                                                                                                                           Gaines recalled past Projects which he                                          nomically viable and economically sen.                   ment restrictions.
                                                                                                                                                                                                           sitive."                                                 Urquhart and representatives of the other
                                                                                                                                                                                                           As part of the agreement, Diamond Cove                   groups hailed Diamond Cove's willingness to
        IQ                                                                                                                                                                                                 will reduce the second phase of its project to           work out a compromise that took          in 0    c-
                                                         n aduned to local concems such as           cleady this is not for everyone,"      does not completely detach com-                                create a luxury resort of condominiums and               count their concerns.
                                                         aesthetics, he said.                        7bebarge said.                         munities from the state. The DEP                               single-family homes on the island in Casco               "The battle against the Intensive develop.
                                                           When a community applies for              Windham's authority is limited to      must be notified of each project                               Bay.                                                     ment of Great Diamond Island represents a
                                                         die program, the state reviews the          the commercial portion of the pro-     pending before town - botards, and                             The developer already has invested $15                   classic case of successful environmental pro-
                                                         town's zoning ordinances, cornpre-          gram, which allows it sole review of   could decide to review any projecL                             million to transform parts of historic Fort              tection," said Jeffrey Thaler, an attorney
              sold were on a barmucirstic tread,         hensive plan and planning depart-           structures with a ground area             Also, as a safeguard, the depart-                           McKinley on Great Diamond into 40 town-                  representing the three groups
              nifil for more Um a year, only to be       ment staffing. The local ordin-             between 60,000 and lootoorl square     ment has 45 days to review pmjects                             homes, build a sewage treatment plant and                The groups feared the project, as orijm@l-
              approved withouit wW changes.              ances must be at least as strict as         feet or of those with a total floor area approved by a community, Richard                             maike other improvements, Bateman said. It               ly proposed, "would set a precedent an trig-
                 "Everyone agrees we need strin-         the state's regulations, Richard            between 100,000 and 150,01V Square     said.                                                          has approval to build up to 134                          ger a run of development sweeping
              gent reviews, but I've never under-                                                                                                                                 be                       condominiums.                                            norlheastward down the coast," he said.
                                                  the    said.                                       feet.                                     Wrindharn officials, too, will                              But after lengthy negotiations and court                 "This case proves that those who are now
              stood this need to go through                For that reasoN many communi-             Towns also can apply to review         encouraged to seek assistance for                              battles with the three conservi tion groups, it          attacking in the Legislature our environ-
              state proem as long as the local           Ues are not equipped to handle the          subdivisions between 20 and too        answers to complicated questions                               has agreed to reduce the second phase of the             mental regulations are seeking shortcuts
              communities can handle it@" he
              saki.                                      added responsibility.                       acres, Richard %aid. Windham offi-     about a project's impact on wet-                               project from 70 lots for single-family homes             that would be disastrous to the long-term
                 Eliminating the lag time also             Falmouth Town Planner George              cials. decided not to because they     lands or wildlife habitat-                                     to 39, the, groups announced Thursday.                   environmental and economic interests of
              bodes well for local taxpayers by          Thebarge said town officials ana-           feared quicker permitting would           But for Gaines, "a is planning a                            More mportant, Diamond Cove has                          Maine," Thaler said.
              speeding up the time between               lyzed carefully all ramifications of        attract unwanted large subdivisions,   cluster of five buildings to house                             agreed to development restrictions that the              Diamond Cove originally filed an applica.
              application and a project's entry          the program before deciding to              Westra said.                           specialty shops, just the promise of                           conservation groups said will preserve Great             tion for the project in 1985. A year later, the
              the tax rolls, said Windham Townn          apply. They determined the town             Projects exceeding the program's       a quicker review process pleases                               Diamond Island's beauty and protect the                  state Board of Environmental Prolection at).
              Planner Steven Westrit.                    would not need to hire additional           size limits still require full DEP     him.                                                           fort's historic artifacts.                               proved the plan to renovate old brick build-
                                                         staff or bear any other financial           review nose below the minimums            I-Mis is going to be a huge benefit                         But the project still must be approved by                ings on the fort's parade ground into a
                 Also, approval Is In die hands of@                                                                                                                                                        the Board of Environmental Protection. The               condominium complex with 134 townhouses,
              people who lom the community               burdens, he said.                           require local review only.             to a small developer like me," he                              board is scheduled to review the project June            a heatedpool, tennis courts, restaurant and a
              be4 rather than a state agency not           -We have everything in place, hit         But participation in the program       said.                                                          12.                                                      new sewage treatment plant.
                                                                                                                                                                                                           "The magnificent headlands at the en-                    But the developer's plan to create a single.
                                                                                                                                                                                                           trance to Diamond Cove and other visually                family subdivision as part of the resort drew
                                                                                                                                                                                                           significant shoreline lots are now set aside as          opposition from both state environmental of-
                                                                                                                                                                                                           undeveloped open space recreatioh areas,"                ficials and the three groups. They feared it
                                                                                                                                                                                                           said Thomas A. Urquhart, executive director              would damage scenic views of Great Dia.
                                                                                                                                                                                                           of the Maine Audubon Society.                            mond Island and harm water quality in Cas.
                                                                                                                                                                                                           . "The house sites have been pulled further              co Bay.
                                                                                                                                                                                                           away from the shore to protect the island's              Jean Dyer, president of the Casco Bay Is-
                                                                                                                                                                                                           natural scenic character. No construction is             land Development Association, said she be-
                                                                                                                                                                                                           proposed on the historic batteries or within             lieves the Great Diamond project will
                                                                                                                                                                                                           old-growth stands of trees," he salid.                   influence future island projects, forcing de-
                                                                                                                                                                                                           The developer also has agreed to             guide-      velopers to take into account environmental
                                                                                                                                                                                                           lines and covenants that will limit the cutting          concerns.
                                                                                                                                                                                                           of trees and vegetation screening the resort             "We definitely feel that this case is going to
                                                                                                                                                                                                           from view. The Three conservation groups                 protect its and maybe there won't be any
                                                                                                                                                                                                           also are given the right to enforce the devel-           more like this," she said.






                                                                                                                                       Institute and Partners Reach Settlement
                                                                                                                                       in Landmark Great Diamond Isl. Case

                                                                                                                                       PORTLAND- After six and a half years                              deal withilic Ilay'sdcgraded watcruality                           cause the water ualm, to fill below the
                                                                                                                                       of successfully opposing the intensive dc                         and has not only led to the designation if                         mandate[ siandards, since Ili,- water ual-                     I i:A
                                                                                                                                       velopment of Great Diamond Island's                                Uasco Bayas a National Esumanc Sarx ill                            ny was already degradcd by the Portland                          S, co
                                                                                                                                       shoreline and the degradation of its uncr.                         arv. hut hasalso provided the inipcitis lot                         Water District'soverloaded Fi,l Frio I real-                    I,oc j
                                                                                                                                       lidal wetlands and belches. the Island In -                        important improvements in sewage dis-                               ment Plant. The imervenors appealed this                         inten
                                                                                                                                       stitinc,along svib partners. Maine Audit-                          posal in die greater Port landar c;i, " Conki Ing                   finding to the Environmental Protection                          men
                                                                                                                                       bon Society and Casco Bay Island I)cvcl                            nlo believes Ifen the Grc;ii I)unnond Is.                          Agency FPA) in Rosoin and were joined                           milte
                                                                                                                                       Opment A,ocialion CBIDA), have ncvo                              1;rld ca,c will have a 10,111:1,;Ilng clf,ct                       hv Maine's Attorney ;cn-F;il ;ind Ili,- Con-
                                                                                                                                       tiatcd a sculenwrit of the remaining tk, t I                       along the coast of tvLiinc. " I tic fundamen-                       servalion Law Foundmion of Nev En-                              be vi
                                                                                                                                       opmein issues. On April 12,                                                                                   L A              N IFF k, V             gl:ITII                                         built
                                                                                                                                       109 1, thede,clorcrs. Diamond                                                                                    8747 /                                         In the mcannoic, Maine                   .tmil
                                                                                                                                       Cove Associaics DCA). for-                           It's taken a long tinic it) inake Sofne important                                               Audubon Society led a suc.                        prole
                                                                                                                                       mally agreed I, binding rc-                                                                                                                                fill legislativecampaign to                 ally,
                                                                                                                                       surictions which will protect                   P   oint    about islandAttlelopment that will afft,cy riot                                          pas a law banning new pri-                       ofthe
                                                                                                                                       from development forever                              Jukt  Casco Bay hill Me entire coast ofAlairic"                                                vate overboard discharge sew-                     INch
                                                                                                                                       Great Diamond Island'                  I I                                                 IV. Conklifig                                              agc sysicnis Into Maine wa-                       new
                                                                                                                                       growth Ilinc/licnilock sl'u"I"s,                                                                                                                      ""Soch systems were shown                                I
                                                                                                                                       I Ls tin iue Ill SIOT IGII struciii res,                                                                                                                         ;I high incidence of                  DCA
                                                                                                                                       and its scenic headlands.                                                                                                                             failure and werc overwhelm-                       DCA
                                                                                                                                            "The key to this agreemem,"said 1cf-                          tal principle involved here is flat intensive                      ing DEP's      moniforing and enforcement                        hoc
                                                                                                                                       frey Thaler who represented the Island                             island development is environmentally                               capabilitiesalong the entire coast.                              REP
                                                                                                                                       Institute and CBIDA, "is that Great Dia-                           tinsound, and I think- the regolmory arcr,                              When EPA indicmed it would deny                              Main
                                                                                                                                       mond lsiand*s most significant fcaurrc                            cics uulthccourtsconcorwith ihispoiniof                           DCA the fedcral license it needed to dis-                        Laws
                                                                                                                                       will be proiccied regardless of who owns                           view,"                                                              charge off Orcal Diamond's west shore                           unco
                                                                                                                                       the piopetty 1-nosc the resloctions will                               *fire debaic over ;rc:it Diamond                              Icahcs and intertioal wetlands, DCA                             wal
                                                                                                                                       runwalithelmid 'Anadditiontoilicisland's                           Island's future began in 1984 Mien M A                              i,rcelioreloc;iicilicotitlillpii)einleepcr                 onict
                                                                                                                                       ouLiiintlingn;itkiralciturcs.tlic,tlirceiion                    ;il)pliccliothcl'oTtlandP]iintiing Boardand                                                                      Diamond             Wbil
                                                                                                                                       profit groups have been concerned about                            City Council In rezone their rcccinly :ic-                          which would easily inix with Hussey                              way.
                                                                                                                                       the dcvclopcr' financial abilily to com-                          Iiiircclowners[iipc)fl9g;icresofilicn,rtl                       Sound's larve 601 exchange At that time                          ing to
                                                                                                                                       pletc the phases of the complex project.                           cot end ofGrcai Diamond to pernnitcondo-                            DCA lurfliciogrced , ith the intcrvcnor to                     nego
                                                                                                                                       The first phase of the project, now essen                          minium development. After local review,                             guarantee an escrow account that .0Uld                           that
                                                                                                                                       iially completed. involves the renovation                          Portland approved the project soliject to                           finance the mainterience and rcplaccmcnt                         and
                                                                                                                                       ofapproximatcly 50ahandoned brickbuild                            state and federal review of the dcsiin and                         of the sewage treatment pkint*s euipment                        bank
                                                                                                                                       ings that once comprised the adininistra-                          location of the proposed sewage ti-ratiricrit                       over its lifetime.                                               real c
                                                                                                                                       five complex of historic Fort McKinley                             plant. In 1985, CRIDA. Island Institute,                               The federal process also involved, at                         the S
                                                                                                                                       into more than 100 condominium units in                            and Kiinc Audubon Society intervened at                             Island Institute's reuest, a review of the                      coul,
                                                                                                                                       the interior ofthc island. The second phasc                        the state level and convinced REP to con-                           project's conformance with the standards                         cial c
                                                                                                                                       of the development, involving new rcsi-                            duct a public hearing on die project to                             of the Nadonal Historic Protection Act                           very
                                                                                                                                       dential construction on the shoreline, his                         examine such issues as the IKalif)n of the                         since Fort McKinley's gun batteries, fire                        and
                                                                                                                                       been the htcus of a lawsuit file] by the                          sewage pipe outfall proposed for the wa                            control towers, and associated military                          there
                                                                                                                                       developers after Maine's Board of Fnvi-                            ters off bleaches and cfarn Fiat% on Great                          structures were eligible for the National                        the, S
                                                                                                                                       ronmcnLal Protccfion 13EP) agree] with                           Diamond'swcitern shore. During thcpub                              Register of Hisioric Places. The Island                          inef
                                                                                                                                       Island Institute and it% partners that the                         tic hcarings,a number ofolher issues were                           Insdicue and its expert imcsscs partici-                         impo
                                                                                                                                       proposal 70 lots on Great Diamond Island's                         raised, such as asbestos removal from the                           paled in this review process but argued that                     reach
                                                                                                                                       scenic headlands could not meet the stan-                          military, buildings. Caf;ccr Bay Lines trans-                       the gun batteries located on Great Dia-
                                                                                                                                       dards of Maine's Site Location of Devel-                           portation toDiamond Cove, delineation of                            mond Island's spociactilar headlands were
                                                                                                                                       opment Act-                                                        the of] growth pinc/bcmlcxk forest, and                            still not adeuately proic"ed from devel-
                                                                                                                                          Mpart oftlicagreement, bcdcvclop-                               fin;inciilcapiciiyofthclcvclor,i,,-oiii-                      opment under ilicagreenicns reacheddor-
                                                                                                                                       crshavelifoiniscd Ili reduce dicirshorelinc                       I)lcc fire project.                                                ing 11", review.
                                                                                                                                       subdivision to39 units and to place binding                             In December 1986. REP approved,                                  In early 1989, DCA resubmitted to
                                                                                                                                       rinsuic6onson the island'sIcsignawd open                          over the objcctionsofthc intervenor.,, Phase                        REP its Phasc 11 Plan for a 70 lot subdivi-
                                                                                                                                       space prohibitingany future development.                           I of DCA's propossal to rcnovac tire exist-                        sionaround the periphery of the island. By
                                                                                                                                       in addition, DCA will drop its suit against                        ing fort buildings into 134 condominium                             his time the composition of the REP had
                                                                                                                                       RfTwhich sought lociverium ibcdenial of                           utios, and to locmc the scw;Il!c treatment                          almostcomplocly changcd, with only one
                                                                                                                                       I)CA'sproposcd 70lotsubdivision Island                            plantoutfall offilic island's wesicinshorc-                         mcni1wrircinnining frointhe 13wirdthai had
                                                                                                                                       News, Winter 1991).                                                line, The intervenors had submitted icsw                            denied file carlier plan. Maine Auduhnn
                                                                                                                                          "It's taken a long time to make some                            rnony that the receiving waters of the pro-                         Society, Island Instituic.and CBIDA infer-
                                                                                                                                       important poinL,ibotitislanficvclopment                         posed sewage effluent were already dc.                              vented again, arguing ha the developers
                                                                                                                                       that will affect not just Casco Ray but the                        graded and were not meeting their state                             were ircsuhrominp, all essentially idetin ;it
                                                                                                                                       entire coast of Maine," observed Island                            minclitclwatcrtiilitycliificiiiiin.Ncv-                     plan that had been denied three years ca,
                                                                                                                                       Institne's Executive Director Philip                               crilicicss,BEPapproved ilienc-discharge                             I,t in 1996. Sfx, ilically. Maine Audol,"n
                                                                                                                                       Conkling. "First, this case galvanized to-                         on the basis that line new discharge into
                                                                                                                                       i al. slafe, and federal efforts to begin to                       Casco Raywamrswould riot inandlifitself
 

~0






                         Richard moves up
                         DEP "streamliner" gets No. 2 post

                         A top manager at the Depart-                   tor, introduced die permit-by-         ~ers feel the municipalities are           fore changing rules and proce-
                         ment of En~v~i~ro~q=~men~t~zl Prote~c-                  rule system designed to speed          not qu~al~:fi~e~c~i ~to make technical          dures. and ~so~nl~e staffers have
                         t~~o~n (DE~P) h~c, ~was identified                  ~t~h~e processing of app~!~icat~io~n~s         eval u~a~ti~o~n ~s of traffic im pacts a n d   been transferred between d~iv~-           ~i
                         ~~i~L~h streamlining the pe~r-m~i~t p~. ~o~-                                                  water ~r~u~n~c~@f~. Net there is little         s~io~n~s without no~tJce~
                         ~e~s~s h~as been chosen ~i~o~ ~'~,~he                  ~t~a~l ~g~-.o~@~.~ip~s ~c~on~ip~l~a~in~c~t~ql that spot,  ~i~n~t~aning~f~o~l review or enforce-                But Richard ~savs ~lo~, m~o~@z~l~e
                         No. 2 job ~i~i~i ~@~)~e d~epa~;-~u~n    e ~r~.~!            inspections showed one~-fi~fth of        ~m~c~nt o~f violations by land bu-            and high ~iur~l~l~ov~o~"~r - an ~est~i-
                            D~eb~r~ah F-~cha~i d~, director o`                the ~PoJ~e~c~ts had violations that        re~a~@~j staff.                              mated 20 profe~ssi~on~a~] s~ta~f~t~'h~av~e
                         the Land Quality Bureau fo~.                    were no* enforced by DE~F staff.           ~-~qnere were 900 complaints              left the bureau in the last ~i~l~l~, ~e~e
                         three vears, savs he, focus ~as                 Th~e e~fff~ec~t, however, ~w~as to cut       received bv the land bureau last          years - is tied large!\- to low
                         the ~n~e~%~, dep~,~.~,-~,~.~,   co~n~l~m~is~s~i~n~n~e~.            the processing time f~o~F p~7o~;~-ct~s       ~y~e~a~l but only ~t~wo people to re            salaries.
                         will be ~o~r-e~x~t~c~r~n~a~l r~e~l~a~@~!~,~n~s~" i~r~@             under the state site law in half,      spo~n~d in tile field," ~s~avs one                ~"~'~N~e h~a~v~t tried to build cz-
                         ar; e~f~f~Q~r~i ~:~o ~d~e~a~i with c~ri~n~ci~s~m of            ~a~!~t~houg~h more ~t~h~a~r~. h~2~l   ~'~t~s~ti~l~it~a~ke  staffer. "That shows w~qb~a~t the             r~eertr~acks ~[i~n~th~e D~E~1~1~ ~b~u~t~i~l is
                         tile DE~? from ~b~u~s~;n~e~s~s as w~e~i~@                 nno~e ~t~han s~t-~x.mon~'~h~s to p~i~o-          level of commitment there is to           still hard ~t~o compete                    the':
                         as conservationists.                           cess~. The caseload carried by          enforcement."                             salaries paid to private engi-
                            ~Iro~ni~c~a~l~l ~,~~, s~t~a~f~f~e~s under P~j-             analysts has beer. reduced, be-           lron~ic~al~!y~, A~.~,ms~trong built a         neers," Richard says.
                         chard s~a~v poor ;tile:    ~oa!                   C~l~l~l~:~S~e of the economic slow-          reputation as a laugh enforcer,               She adds ~th~a~: ~:~m~n~l~@ ~@~!~s h~a~, ~e
                      ~  nicatio~n~s was one of ~h~e~, ~m~p~J~o.-               down, although it still re~n-~t~ains~a~l    b~u~t not based on cases submit-            had their ~N~vo~i k ~s~t~i ~e~am~i~l~n~ed ~b~@
                         flaws.                                         up to 45 cases p~erw~ork~er~.              ~led by the land bureau. Fines             t~he addition of ~a s~op~hi~s~!~:~c~a~t~e~r~'
                            ~F~_~,~cha~r~d ~re~p~l~a~-~c~s Elizabeth                 Morale is low at tile land b~i~t-        collected b~v the state went from          computer svs~t~e~n~n that tracks
                         Armstrong. ~w~ho submitted her                   r~e~au. say s~q=~"e~rs, in part because      $290,000 i~n 1986 to $3.2 million          projects and -frees ana~l~y~@~t~s fro~n~-~,
                         resignation earlier this vea~r ~ie-              ~o~t~he heavy                but also     last y~c~a~;~ a~h~nost all from the air        having to file ~I~j~q~l~l~d~%,~l                 :~.~e~.
                         po~rted~ly unde. p~i ess~u~r~e ~f~r~o~r~n                 because of what L~li~c ~- pe~rc~@~~-~, ~c~     quality bureau.                           ports.
                         the governor's office, which had               as interference by ~1~q@~'~ch~a~rd ~a~r~i~:~!         Richard says her new job will                           ~li~k~e~iv ~S~-~@~!~c~ce~s~s~o~r~
                         received co~m~p~l~ai~nts~f~r~o~r~n                       d~v~i~s~i~o~;~-~@ directors ~i~t~) the ~ap~p~i~;~@~@~2- not need to ~qi~ocu~, a,
                                                                                                                                           ~MU~C~I~l ~O~o      2~CC~O~rc~i~ng ~i~o s~6~ur~c~e~E in me ~!~zn~L
                         ~n~- about Armstrong's ag~g~-e~s-                   ~t~io~n process. S~ev~e~t ~a~l cited i~l~l-      violation    because of the effec-        bureau, is ~&~-~c~e Sproul, dire~c~
                         ~~v~e approach ~t~o enforcing ~per-                stances where   Ibureau m~a~r~la~g-        Live enforcement procedures put
                         ~6qm
                             ~v~:~,~!~3t~~o_~s~                                                                                                                i~n the A~i~i ~Q~u~a~l~:~i~v B~ur~e~p~.~:~
                           ~.   ~.    ~'                                   e, ~s r~e~v~e~i se~t~! rec~o~n~lm~e~n~d~ati~ons       into place b~\ ~-~kr~ims~tron~g
                            The governor's office ~ha~s de-               byp~iojec~t~a~n~a~lvsts~,- ~f~t~c~: p~c~i~-~s~on~n~!        O~th~e~i ~,co~n~lp~l~a~i~n that Rich~a~id
                         niec~!~L~he~c~l~-~.~a~iges,a~.-~.d~.A.~,~r~ns~tro.~,~ig          ~app~t~a~@~S by tile' 2~P~P~:~~U~r~l~t~S~           does ~!~to! ~s~olici~@ st~a~t~f opinion be-
                         could no~t be reached f~o~r co~i~l~l-                A pal t~ic~u~!~2~7 sort point is ~t~he                                                                  ~7~q/
                         ~~e~n~t.    ~'~o~l~'s~t~a~ter~t~i~e~-~l, released ~b~l~-         ~de~!eg~n~or~l ~c~l              ~c~v land
                         ~~e department s~ays~.~@~L~rn~n~stro~ng                b~u~i~c~a~l.~ ~m~i~z~n~ag~e~is ~i~o
                         left "to p~l~@rsue c~L~reer oppo~rtu~ni-             municipalities -       including
                         ties o~u~:~s~i~d~e ~st~@~a~:~e go~ve~rr~i~nen~r "              ~L~c~,v~is~t~o~r~! - ~t~- ~,~- ~: ~ev~!~ew ~m~aj~o:
                            A; ~:`~e~l~and~~u~l~u~, ~e~@~t~:~ ~T~@~c~h~a~. ~d~. ~z           projects                         ~l,~%
                         fo~r~me. ~L~eWISLo~n planning direc-                DEP s~t~a~f~l. In some cases. staff-


                                                                        DE~4qP's~6qtheme:                                                                                   less is more
                                                                        Dear. Ma~ri~o~t~t seems a~wful~k chipper for a guy                                                                              ~m as killed in some last-minute legislative ~log-ro~l~l-
                                                                        ~ho'~s ~'~ius~i had his budget sla'   'bed.                                                                                    in~g. This time, DEP wants to expand the plan to
                                                                        The DEP commissioner, ho came by to visit                                                                                 include water pollution licenses as well - again
                                                                        !a week. is no Zen mas~te~r~,~qw
                                                                                                         but he's taken to the                                                                    affecting municipalities, which operate most of
                                                                        h~e~m~e of doing more with less in a way which                                                                               Maine's sewage treatment plants.
                                                                        would make a Maine Yankee proud.                                                 Douglas                                  The idea is that those who pollute more should
                                                                        The Department of Environmental Protection                                       Rooks                                    pay more for their licenses; boilers at the        old
                                                                        is one ~of~the most visible and oft-criticized ofs~ta~t~e                                                                      Great No thern and ~IP mills would pay h~e
                                                                        agencies. ~lLs high-profile role in passing judgment                              Kennebec Journal                         most. Th~e~"idea is acceptable to most legislators,
                                                                        on malls, highways and paper ~im~ill expansions                                    Editorial Page Editor                    but doesn't have much passionate support, so its
                                                                        often brings it into conflict with business and                                                                           prospects are again uncertain.
                                                                        industry. Enforcing pollution regulations brings           KENNEBEC PERSPECTIVES                                          Finally, Marriott is taking up a suggestion from
                                                                        with it the delicate task of fining companies and                                                                         some DEP critics that the department do more to
                                                                        - under Marriott - towns and cities as well.               Marriott figures the state's cut of the card fees              train local officials and businesses about how to
                                                                        Marriott's 1989 plan to fur~t     her clean up Maine        would be about $120,000 for the first year. The                comply with state environmental laws.
                                                                        rivers became one of the biggest political footballs       fund would b~e administered jointly by DEP and                                  "A lot of times we hear that if
                                                                        in years, with legislative Republicans opposi              the other natural resource departments.                                          be
                                                                        ~t                                                    n~g                                                                                   ~.~0~c~i~l~i~qI~andown~er knew more
                                                                        heir own governor before a bill was finally                 "We figured the card would have a lot more                                            the law, he wouldn~'~,~t have
                                                                        enacted last spring. The DEP has been involved             appeal if people knew it would pay for things the                              committed the violation,' Mar-
                                                                        in the Maine Turnpike expansion, the Mail at               state wouldn't do otherwise. If it just goes to pay                            riot~t said. "I don't think that's
                                                                        Augusta controversy, and is now angering people            ~s                                                              ~qi~8qv~2qz             always true, but sometimes it
                                                                        in South Portland who want to build a bridge over          om~e bureaucrat's salary, they won't be                                         is."
                                                                        wetlands DEP says must be prot ~t d.                        interested," he said.                                                             So a proposed bill would
                                                                        The department has been gi~qv~qen~e major new                    That seems a reasonable guess. My own is that                                 designate S200,00~0 from DEP~'s
                                                                        responsibilities. And in the next two years, DEP           the program might be a good ~way of helping the                                 annual fine collections (now
                                                                        will be doing all these jobs with less money.              "non-game" endangered species program. It's                                    running about $3 million) to set
                                                                        Marriott took a look at what DEP was                       Supposed to be paid for by the "chickadee                      ~qA~6qY~6qA up classes through the technical
                                                                        supposed to accomplish, and requested S17.2                checkofr, on the state income tax form but never               ~qMA~qRRI~6qM          college system.
                                                                        million. The governor budgeted S12.6 million -             Mee's its budget. As a result, the state doesn't                                  These are all worthy ini~qt~qia.
                                                                        less than what DEP is getting now. And even that           even know where its endangered species are until               ti~qv~qes which would help DEP do its job and benefit
                                                                        doesn't tell the whole story. DEP was granted              someone proposes building a dam or a power                     the state as well. Here's hoping they won't get ~q'~qo~q"
                                                                                                                  ~q-91 budget,      plant on a particular site. Every time mapping is              in 2 legislative shuffle likely to be even worse
                                                                        only aminimal increase in its 1990                                                                                                                                          ~qth~qe.
                                                                        years when most state departments were growing             proceeding at a good pace, another staff member                usual,
                                                                        by leaps and bounds. When inflation is                     Is cut and the project sits on the shelf.                      Marriott seems resigned to his budget. It was
                                                                        considered, D~qEP~q's budget is substantially lower             But even here Marriott doesn't have smooth                    pretty depressing last November, he admits, when
                                                                        - by perhaps 20 percent - than in 1987, when               sailing. Rep. Annette Hoglund (D-P~qortland) has a               Mc~qK~qetnan was breaking the news to department
                                                                        Marriott was appointed.                                    competing "State of Maine" credit card bill                    heads that their budget plans were history. But
                                                                        So what's a commissioner to do? Improvise, by              which would pu~qt all the money into the general                 now people have gotten used to it.
                                                                        the look of it.                                            fund. Hoglund's bill has already had a hearing;                Even if the Legislature does come up with more
                                                                        Marriott is pushing a number of legislative                DEP~q's bill hasn't even been printed yet.                       money, Marriott doesn't set DEP getting much of
                                                                        initiatives. The one getting the most press                 The financial stakes are higher ~qAith           another        it. "The priorities are Human Services, Educa-
                                                                        attention so far is a scheme (no snickers, please)         Marriott initiative, a proposal to pay for DEP                 tion, Corrections," he said. "Not DE~qF.~q"
                                                                        to sponsor a "Maine Environment" credit card,              enforcement actions with higher licensing fees for             Doing more with less - Marriott seems to ~qb~qe
                                                                        with the proceeds to provide grants for private            p~qo~qU~qt~qi~qf~qio~qn-e~qm~qitt~qi~qn~qS s~qt~qoo~qke~qs~qiL~qa~qcks~q.                              attempting the impossible. But he has no
                                                                        and community environmental projects.                       A similar bill nearly became taw last year, but               choice.
                                                                                                                                                  ~q.  4
 


                                                                 IIIIII Im M M IIIIIIINII MM W min litl ij







                                                                                                            continual experience); and replace the recertification         exam with a
                                                                                                            requirement fnr continuing education.        See attached update on the
                                                                                                            CEO rules for more details.
   1.1h, R \I,k
                                                                                                            TASK 1C -- DECD Technical Assistance


                                                                                 . ................. .            Shor(Llan(j Zog),M
                         ECONOMIC AND COMMUNITN' DFIVE11.01INIFiN F                                               DECD/OCP Coastal staff continued work on Shoreland Zoning
                           OFFICT OF COMPREIIF`,NSfVF PLANNING                                              related initiatives during this quarter.            Two sets of "model,,
                                                            May 15, 1991                                    Shoreland Zoning performance standards          one on docks, piers, and
                                                                                                            wharves and the other an bluff erosion           are now in final draft
           TO: Bob Blakesley, State Planning office                                                         form and will be printed for distribution to municipalities during
                                                                                                            May and June.       These standards are more stringent than those
          FROM: Francine Rudo4*,--T..ara Risser, Erik      Carson, and Linda                                provided in the DEP minimum Shoreland Zoning Guidelines and may be
                Boothby                                                                                     adopted by municipalities in lieu of the DEP minimum requirements.
                Office of Comprehensive Planning, Coastal Program                                           Copies of the completed model standards will be included in the
                                                                                                            next quarterly report.
           RE: Coastal Program Progress Report, 2/91 - 4/91
          -------------------------------------------------------------------                                     DECD/OCP staff have also been working with Maine's Floodplain
          1990-91 GRANT TASKS                                                                               management Program to produce a model combined Shoreland Zoning -
                                                                                                            Floodplain Management Ordinance.         We are responding to requests
          TASK 1B -- Local Code Enforcement officer Training                                                from a number of communities interested in having only one local
                                                                                                            ordinance address these two topics.          We expect the model to be
               This quarter has been extremely busy for the Code Enforcement                                completed sometime during the next quarter.
          officer (CEO) Training Program.      A significant amount of time has
     Ln   been devoted to preparing the        field guide on recognizing and                                     Requests for the model shoreland Zoning permit forms have been
          delineating wetlands in Maine and    organizing the wetlands workshops                            strong.    Copies were distributed to municipal Planning Boards
          to be held this summer.     Several  reviews of the draft field guide                             through the Regional Councils during March and April                      and
          (being written by Ralph Tiner of     the US Fish and Wildlife Service                             availability of the publication was announced in DECD/OCP's
          in MA) were completed and supplemental materials, such as maps and                                newsletter NEXUS.       As a result, we are receiving additional
          lists of information sources, were provided to the contractor.                                    requests for copies of the forms an a daily basis.
          workshop planning has involved establishing a structure for the
          program,   obtaining     commitments    from    instructors,      selecting                             DECD/OCP staff, as back-up to DEP staff, have been responding
          consultants, and identifying fieldwork sites.                Additionally,                        to routine technical assistance requests from the Regional
          discussions were held with DEP Shoreland Zoning staff on                                          councils, municipal officials and the public on Shoreland Zoning
          establishing appropriate and enforceable standards for defining the                               questions.      DECD/OCP staff also participated in a workshop
          upland edge of a wetland.                                                                         sponsored by the Greater Portland Council of Governments on
               other activities have included: completing the electrical                                    Shoreland Zoning/Planning issues for towns along the Cousins River.
          codes training manual and holding workshops in five locations;
          planning upcoming plumbing cod   'e workshops; assisting towns with the
          development of sample CEO job descriptions (required for the                                            DECD/OCP staff have begun work on a project with two major
          certification process) ; and drafting a training syllabus for the                                 objectives: to provide incentives for coastal property owners to
          next two years (see attached CEO Training Syllabus and Exam                                       either move or demolish structures subject to the threat of erosion
          Schedule for 1992-93).                                                                            and flooding; and to develop a more direct link between actual
                                                                                                            coastal erosion rates and local and state zoning and/or permitting
               other notable events include pending modifications to the CEO                                decisions.    The impetus for this initiative is Maine's desire to
          certification rules.    As a result of the controversy discussed in                               become the fifth state in the nation certified to participate in
          the last quarterly report, the legislature is currently working on                                the Upton-Jones Program (or the new program currently being
          an Act that will change the rules to: remove training and                                         considered by Congress to replace Upton-Jones) administered          by the
          certification of electrical inspectors from OCP's jurisdiction;                                   Federal Emergency Management Agency.          certification would allow
          exempt CEOs with at least 3 years of experience prior to 1990 from                                Maine to assist coastal property owners whose structures are in
          certification examinations (only in areas where CEO has had                                       danger of imminent collapse due to erosion and flooding to            either



                  Stme I Intsw S(ation f 30. Auguvi, Nlai,ic 04313 - Off,,,-, w 219 (.,pitM Su-I
                                      N@Phn-e (207) 2811@000














         demolish or relocate the structures.       Funds for demolition or                         of the Act.    Thus, we anticipate that many of the "inconsistent"
         relocation are made available through flood insurance policies.                            towns listed above will eventually adopt consistent plans.

             To become certified under Upton-Jones, Maine would have to                                   DECD/OCP Coastal staff also spent considerable time discussing
         demonstrate that the state has: a state-wide requirement that                              work plans and public participation efforts, reviewing draft
         prohibits new construction and relocation seaward of an adopted                            sections of local comprehensive plans, and meeting with local
         erosion setback; and an established, complete, and functional. data                        planning committees to discuss issues and proposed implementation
         base of mean annual erosion rates for areas of coastal shorelines                          strategies.     Coastal communities a!@sisted during this quarter
         subject to erosion. At this point, it appears that we will have to                         include: Stonington, West Bath, Yarmouth, Damariscotta, Cutler,
         first develop mean annual erosion rates and then use that                                  York, Brunswick, Addison, Belfast, Deer Isle, St. George, Cape
         information to revise existing state laws and/or regulations (i.e.                         Elizabeth, and Harpswell.
         shoreland Zoning and Natural Resources Protection Act) so that
         setbacks in particular areas of the coast are consistent with the                                See discussion below on Coastal Management Grants.
         erosion rates for those areas.
                                                                                                          Interagency Coordination
             DECD/OCP staff, with assistance from the Maine Geological
         Survey, have begun analyzing existing maps, photographs and other                                DECD/OCP Coastal staff participated in monthly coastal program
         data sources to identify the erosion prone areas of the coast that                         coordination meetings      to share    information on state agency
         are vulnerable to development (i.e. not publically owned) .    We are                      activities related to coastal issues.      Staff also worked with the
         also also working with DEP staff to identify whether and how                               interagency dredging subcommittee to complete revisions to Maine's
         appropriate state laws and regulations could be linked more closely                        dredging policy draft document.
         with erosion rate data.
                                                                                                          subdivision Review Standards
             Growth Management Progra
                                                                                                          DECD/OCP Coastal staff reviewed "new and improved" model
             During this quarter, DECD/OCP Coastal staff reviewed 4                                 subdivision standards for local planning boards prepared by the
         comprehensive plans from coastal communities for consistency with                          Southern Maine Regional Planning commission for OCP.         Particular
         Maine's Coastal Policies -- Newcastle,          Alna,  Trenton,    and                     attention was paid to developing appropriate standards for wildlife
         Southport.   Copies of the review comments are attached.          This                     habitat protection that are meaningful for municipal planning
         brings the total number of coastal plans reviewed to 12.           The                     purposes and at the same time satisfy a number of concerns raised
         following list indicates which of these 12 plans are presently                             by the Maine Department of Inland Fisheries and Wildlife.
         consistent with the Growth Management Act and which have been
         adopted by the Towns to date:                                                                    Casco Bay National Estuary Program

         Richmond - adopted, not consistent                                                               During this quarter, DECr)/OCP Coastal staff worked with DEP
         Warren - not adopted, not consistent                                                       and the Casco Bay Local Government Advisory Committee on a proposal
         South Berwick - adopted and consistent                                                     to establish a Water Quality Resource Center and technical
         Edgecomb   vote scheduled for May, consistent                                              assistance program for towns in the Casco Bay watershed. A funding
         Dresden   adopted, not consistent                                                          proposal was developed and submitted to EPA for consideration. It
         Surry - adopted, not consistent                                                            approved, DECD/OCP will receive funds to work with local planning
         Woolwich   adopted and consistent                                                          committees on the water resources sections of their comprehensive
         Wiscasset   vote scheduled for June, not consistent                                        plans and the subsequent development of land use ordinances and
         Newcastle   adopted, not consistent                                                        other implementation measures (see attached proposal).
         Alna - vote not scheduled yet, not consistent
         Trenton - vote not scheduled yet, not consistent                                           Task 1D -- Regional Councils
         Southport - vote not scheduled yet, not consistent
                                                                                                          Quarterly reports from each region are attached, showing the
         It is important to note that most plans submitted to OCP for review                        progress being made in coastal communities on the adoption of
         for the first time are found to be "not consistent" with the Act.                          revised Shoreland Zoning ordinances.         It is clear from these
         In most cases, the major objections are related to the future land                         reports that at least 50% of the towns will not complete the
         use plan (i.e. town-wide zoning and other land use controls), a                            revisions by this summer and will require additional assistance
         difficult topic for small towns to address.      With OCP's comments                       next fall to meet the DEP's December 31, 1991 deadline.        Many of
         and recommendations in hand, towns are then revisiting the future                          these communities are waiting because they are in the process of
         land use plan and modifying them so that they meet the requirements                        working on their comprehensive plans and would like to complete the







                                         low                                                                        Ow



              I    I   b@        I         tlt@     1,        IL                                        A    I              1@1  I    I    I        I         I    1       .4    1  A







        planning process before tackling any rezoning projects.                                        making steady progress.    The consultant anticipates that the work
                                                                                                       should be completod on time.
              During this quarter, DECD/OCP provided the following day-long
        program for the regional Coastal coordinators:                                                 Wells
                                                                                                            The Town of Wells has almost completed the portion of their
        March 26, 1991 - The day focused on DEP's Non-point Source Control                             planning process that has focused on consensus building and policy
                           Program and some legislative and program updates.                           setting.   work an the grant should be completed on schedule.

        The next meeting is scheduled for May 28th.
                                                                                                            B. Wateijront Action ra t Projects
        Task 2 -- Municipal Grant Programs
                                                                                                            The projects in Fastport, Calais, and Bangor are moving ahead
              A. Coastal Planning Grant Proiects                                                       on schedule.

              The following summarizes the status of each harbor/waterfront                                 In Frankfort, a recent Town Meeting, prompted by a small group
        planning project.                                                                              of citizens who opposed the ongoing maintenance expenses the Town
                                                                                                       would incur with the park project, voted to "unaccept" the WAG
        Belfast                                                                                        funds. This happened despite the fact that the Town approved local
              The City of  Belfast got off to a slow start on their grant,                             funds for the project and acceptance of grant funds last year and
        but is now making  steady progress. The inventory section of their                             had begun the final design plans for the park. The Selectmen,
        plan is nearly complete and the Harbor and Waterfront Planning                                 however, are proposing to vote on the project once again.         It is
        Committee is beginning to discuss goals and policies for the                                   possible that this project will move forward, but if so, it will
        waterfront. The Committee's efforts are being frustrated somewhat                              most likely require an extension.
        due to a couple of major issues that are currently being resolved
        along the waterfront. One of them is the sale by the City of the                                    The South Portland project is also on hold pending budget
        railroad that runs along the waterfront (see article in Portland                               deliberations by the City  council. Given the City's fiscal crisis,
        Magazine) . The other issue is a potential buyer for the abandoned                             there is serious concern about its ability to provide the local
        Penobscot Poultry building.                                                                    matching funds this year. The project remains a high priority, and
                                                                                                       every effort, including a   request for private donations, is being
              The consultant is concerned that the Committee may need a                                made to come up with the needed matching funds.
        grant extension.     More time may allow the Committee to address
        these issues more completely as decisions on them will be made                                      C. Coastal Management Grants
        shortly.
                                                                                                            To date, three communities have applied for grant funds.
                                                                                                       Richmond and South Berwick were described in the last progress
        Biddeford                                                                                      report. We have entered into a contract with South Berwick for the
              The City of Biddeford's Comprehensive Harbor and Waterfront                              Salmon Falls River Plan. Richmond's Plan is still not consistent
        Committee has held several meetings and a number of public hearings                            with the Growth Management Act, so we have been unable to move
        in different neighborhoods along the Saco River. Their consultant                              forward with their grant for a Harbor Management Plan. The third
        anticipates that work on the grant will be competed on schedule.                               funding request has come from the Town of Woolwich to examine
                                                                                                       options for wastewater treatment in the Days Ferry village area
        Eastport                                                                                       along the Kennbec River. We will be working with Woolwich on the
              The city of Eastport's Coastal Planning committee is making                              development of a work plan for the project during the next quarter.
        steady progress on their grant and should complete the work on
        time.

        Freeport
              The Town of Freeport's Coastal Planning Committee is making
        steady progress on their grant. The Committee anticipates the need
        for a slight extension (an additional month) so as to allow for
        adequate public hearings.

        St. George
              The Town of St. George's Harbor and Waterfront Committee is














                                                                                                    performance standards are part of a model. subdivision ordinance fo,
                              Technical Assistance Loci                                             Maine's municipalities.
        Tamara Risser                                                                               April 3 - Met in West Bath with co-chair of the Towns Comprehensive
                                                                                                    Planning Committee and with their consultant to go over comments on
        Meetings                                                                                    the Town's draft comprehensive plan.
        February  12 - Attended meeting of the St. George Harbor and                                April, 8 - Attended meeting in Wells, the first of five meetings
        waterfront Planning Committee to answer any questions the committee                         between the wells Harbor Planning Committee and a consultant hired
        had and to review progress on the grant.                                                    tinder the towns coastal planning grant to facilitate consensus
        February 13 - Met with Fred Todd, LURC, Rich Baker, DEP, and Lee                            building and setting policies for the harbor.
        Sochesky of the International Waterway Commission, New Brunswick to                         April 9 - Met in Bath with the city planner and representatives
        discuss aspects of Maine's shoreland zoning controls and how they                           from towns along the Kennebec River to discuss the feasibility of
        could be incorporated into regulations for the Provinces in    Canada.                      establishing a nonprofit entity to obtain a tour boat route for
                                                                                                    boat trips up and down the Kennebec.
        February 13 - Met with representatives from the United States
        United Kingdom Countryside Exchange Planning committee to      discuss                      April 16    Met in Wells with the Harbor Planning committee..
        a coastal    planning project that will be conducted by an
        international team of planners this summer. The group will     look at                      April 18    Met with planner from Yarmouth to go over preliminary
        environmentally sensitive tourism and green belt planning in the                            land use plan for the town.
        Penobscot Bay region. The team expressed a desire that there is a
        liaison between the team and the Office of Comprehensive Planning.                          April 22 - Met in Wells with the Harbor Planning Committee.
        February 22 - Met in Stonington with Town Manager and members of                            Other
        the Comprehensive Planning committee to assist them in pulling                              General  grant administration and technical assistance has been
        together components of their comprehensive plan.                                            provided to the following Towns as they draft their comprehensive
                                                                                                    plans:   Stonington, Yarmouth, West Bath, Belfast, Deer Isle, St.
    OD  February 25 - Met with other coastal program staff, the planner                             George, Cape Elizabeth, and Harpswell.
        from Yarmouth and DEP representative to discuss model regulations
        for piers, docks and wharves.                                                               Provided information to the City Planner in Bath regarding
                                                                                                    waterfront revitalization - grant sources, and general planning
        February 28 - Attended meeting of the Freeport Harbor and                                   materials on waterfront development.
        Waterfront Planning committee.
                                                                                                    Provided assistance on shoreland zoning to Coastal Planner at the
        March 6 - Met with state flood plain coordinator to discuss                                 Eastern Mid-Coast Planning Commission.
        development of a combined model flood plain/shoreland zoning
        ordinance.                                                                                  Answered questions over the phone concerning shoreland zoning
                                                                                                    issues.
        March 8 - Attended the Maine Fisherman's Forum in Rockport.

        March 11 - Met with consultant working on coastal plans in                                  Francine Ru4off
        Biddeford, Belfast, and St. George to go over materials and assess
        progress on the grants.                                                                     Meetings
        March 26 - Attended Coastal Coordinator meeting on the DEP's                                March 7 - Meeting with Town Planner of South Berwick concerning
        nonpoint source pollution program.                                                          coastal Management Grant for public access plan for Salmon Falls
                                                                                                    River.
        March 28 - Gave a presentation to communities in the Cousins River
        watershed (Freeport, Yarmouth, North Yarmouth and Pownal) on                                March 11. - Meeting with Damariscotta Comprehensive Planning
        environmental features of the Cousins River watershed.                                      Committee regarding the inventory and analysis section of their
                                                                                                    draft Plan and proposed future land use plan.
        April 2 - Met with Fred Hurley, Inland Fisheries and wildlife to go
        over performance standards       for wildlife protection.           The                     March 27 - Meeting with Casco Bay Local Government Advisory







                                                                      111111fi 1111110 1 '1 1             @@I I 1 4 1-1                         Me I= im iiIIIiiffiII



                                                                            115111 11111110111 NMI








        Committee about proposed OCP technical assistance strategy on water
        quality issues.

        March 28 - Meeting with staff at Municipal Resource and Planning
        office   of  Lincoln County    about  Shoreland   Zoning    technical
        assistance activities.

        March 28 - Meeting with Edgecomb local officials about proposed
        revisions to their Comprehensive Plan.

        April 9 - meeting with Edgecomb, local officials on further
        revisions to their Comprehensive Plan.

        April 17 - Meeting with Brunswick Town Planner on revised work plan
        for Comprehensive Plan development

        April 19 - Presentor at two sessions of the Maine Harbor Masters
        Annual Meeting and Training Program -- one on mooring regulation
        and planning and the second on harbor management and comprehensive
        planning.

        April 22 - Meeting with Hancock county Regional Planning commission
        on Shoreland Zoning technical assistance issues.

        April 22 - Meeting with Washington County Regional Planning
        Commission on Shoreland Zoning technical assistance issues.

    %D  April 22 - meeting with Cutler Comprehensive Planning Committee on
        their draft Plan.

        April 23 - Meeting with Chair of Addison Comprehensive Planning
        Committee on their work plan and public participation program.


~0










                                            NEW SHOR~qEILAND ZONING
                                            PERMIT FORMS N~0qM~A~I~qC Vill
                                            The office of Comprehensive Planning, in
                                            coordination with the Department of Environ-
                                            mental Protection, has developed a new set of
                                            model Sh~or~el~and Zoning permit forms. The
                                            forms are designed to help municipalities with
                                            th~e ~admin~str~at~ion and enforcement of local or-
                                            din~anc~e~s adopted under the Mandatory                                                                      Audubon 'refuses to'.
                                            ~r
                                            ~.~1h~orcland Zoning Act.                                                                                                                                                                                                          ~2qP
                                            included in the package are: a 6 page permit                                                                  Organization                                 "As soon as they say 'We accept                 Monday~*~s ~wa~r Of~f~,w~qord~q,
                                            application form; a special permit ~applica~l ion                                                           won't ~sit with We~qU~4                           the REP decision.' we'll partici-              latest round in the bat ~c b~qe~qtw~qe
                                            form for variances, conditional uses, or special                                                                                                    ~3   pate," Urquhart said. "We just                 [own and the Audubon. a bait
                                                                                                                                                                                                    don't see the p~oin~( of essentially             shows no sign of slowing
                                            exceptions; a shorc~la~nd zoning permit                                                                     harbor co~irn~t~qnittee                           negotiating an issue that has already          Urquh~ari said the Audubon
                                                                                                                                                                                                    been unanimously decided."                     at an April 10 public hear
                                            checklist for use by the CEO; and     a                                                                                                                    La ~s~t  November. ~th~e REP shot               Augusta to speak against a ~qb
                                            permit form ~to be posted at the c~a~n~-                                                                      until it accepts                              down ~an application front ~th~e Army             would amend the state's
                                            ~s~truc~lion site.                                                                                                                                         Corps of Engineers to dredge                   Resource Protection Act, R
                                                                                                                                                      BEP~'s decision                   to           200~,000 cubic yards of sand from               ~s~en~lially allow Wells H~qir~qb~qor
                                            Planning Boards and CEOs are en-                                                                                                    ~q@~qJc~qc ~qs              the inner harbor. Th~e state agency             dredged.       ~
                                            courag~ed to modify these forms to fit                                                                     ~not dredge.                                   agreed with testimony from the                     The hill. sponsored by S~qen
                                            I he specific requirements of local or-                                                                                                ~qq/~.~7/            Audubon, the Department of En-                 hen Estes. is one of, two In
                                            dinancc provisions and administrative                                                                                 BY Joe Dynan                      ~viron~n~icn~i~a~l Protection ~and scientists         ~tr~oduc~ed in the legislature
                                                                                                                                                                      ~S,~.~, ~.~@~@                      f~r~or~n. the Maine Geological Survey             urging of Wells officials. The
                                            procedures. The forms can also be                                                                           WELLS     - Th~e first meeting of a          against t~h~e dredging. A 4~5~@minu~t~c              bill is sponsored by R~qep.
                                            modif~ed to serve as the general build-                                                                    committee formed to draw up ~a                 ~f~irc~s~en~t~a~ti~on i~n favor of dredging by          Carleton, and specifically ad
                                                                                                                                                                                                    the Iowa ~o~l Wells holed to win ~;~my             ~t~h~e Wells harbor project.
                                            ing permit application form for a                                                                         future plan for Wells Harbor was              support.                                           Urquhart calls ~th~e bills an
                                            municipality. Copies of the model per-                                                                    more notable for who wasn't there                The Audubon's position contrasts            run" by the town and accused
                                            mit forms are available from the Office                                                                   than who was.                                 sharply with (he position of ninny             officials of "changing the
                                                                                                                                                        The Maine Audubon Society. a                W~ells~'o~ffi~c~i~a~l~s~. which was outlined            when yo~u don't like ~t~h~qe wa
                                            of Comprehensive Planning or your                                                                         ~lo~r~ig~i~o~n~e outspoken opponent of a             by Jack Lyons, chairman of the                 shake o~u~t.~**
                                            Regional Council. Any questions or                                                                        proposed dredging of the harbor, h~as          harbor p~l~a~n~'~c~ommit~l~ec ~and a mcm-                   A[ Monday's         ~'e ~q@mg~q,~. ~qho
                                            comments concerning the forms                                                                             refused to participate as a member of         ~he~r ~i~f the town's Harbor Ad~O ... ry            ~b~e harbor p~l~an~'c~qo~qm~qmi~l~l~e~qc r~qefu
                        ~~~)                 should he directed to Fran Rud~of~f or                                                                      the Wells Harbor Management Plan              ~C~omm~i~n~c~e~.
                                                                                                                                                      Committee.                                                                                   ~lei the dredging issue domin~qa
                                            Tammy Risser at OCIP     ~8qE~ql                                                                                 The harbor committee held its First            ~"T~h~e harbor ~qO~r~n should not lead             -discussions. "It is only one
                                                                                                                                                      meeting Monday afternoon at Wells             anyone ~to ~qWieve the town concedes              pon~en~t of the whole plan
                                                                                                                                                      Town Hall and began discussions on            in any way, shape or form their                shouldn't get hung up on ~qth~qe
                                                                                                                                                      a blueprint for ~t~h~e harbor's future.          intent t~o dredge," L~N       n, ~aid early       ing~." town manager ~)on~a~qth~qan
                                                                                                                                                        Thomas Urquhart, executive di-              in Monday's mcc~ii~n~,~!.                          said.
                                                                                                                                                      rector of ~the Maine Audubon, said                Lyons also crifi~ci~f~ed the Audubon               A way to bring the ~iow~qWs
                                                                                                                                                      the town's reluctance to accept a             for "standing on the sidelines" dur-           flats. which arc closed b~qec~qa
                                                                                                                                                      unanimous decision by ~th~e stale's             ing ~th~e planning process. and said             pollution, back up to state ~qs~ql~qa
                                                                                                                                                      Board ~o~f Environmental Protection             the ~s~o~ci~e~ly -as only ~"in~ter~e~m~ed in             keeping the harbor as a w~,
                                                                                                                                                      against the dredging was the reason           ~nu~ini~p~u~l~afing it for their own hen-            harbor for fishermen arid
                                                                                                                                                      for the Audubon's refusal.                    ~e~fi~l~.~"                                         ~lion~al boaters, protecting ~qth
                                                                                                                                                                                                                                               ~4q0                           M
                                                                                                      Audubon Society boy~4qc
                                                                                                      ~4~D Members of the group say they arc concerned that                                              ~Thomas Urquhart, executive                 getting it accomplished?'"
                                                                                                      Wells still has plans to dredge its harbor~.                                                   director of the Maine Audubon                      He said the Audubon S
                                                                                                                                                                           ~qP~qF~q1~q4                     Society. said the group believes the           agrees with the Maine D~qe~qp~qa
                                                                                                      By TED COIIEN                                   dredging application,                         town is using state mnn~ey to pursue            of Environmental P~e~n~t~ection
                                                                                                      Staff Write,                                      ~3a~ck Lyons, chairman of the I for~.          dredging the harbor, even though               dr~ed~ong the harbor would c~qau
                                                                                                                                                      b~or Planning Committee.. coin.                the state ha~s ~m~j~ect~ed the plan                 much ecological damage. "~qDre
                                                                                                         W~F~L~L~S - The          Maine Audubon           p~l~a~in~ed as (lie Panel began a series          because of environmental concerns.             the harbor is not an op~qti~qo
                                                                                                      .'society refused Monday to attend              of meetings that tile Audubon                    Though state planners have told             said.
                                                                                                      the ~f~i~mt meeting of the town's Har-             Society is "interested in manipulat~-          town officials not to use the planning             Barry Lawson, a Mas~qsach
                                                                                                      ~bor Planning Committee, saying t~hat             in~g us" by refusing to support the            grant ~i~f~, prepare another dredging             consultant the town has hired I
                                                                                                      the only real plan the tnwn ha~s ~for             ~tnwn's dredging plans.                        application, Ur~c~lu~d~iat~l said, that is          ~f~or-rn~, ul~at~e t~he harbor plan a
                                                                                                      the harbor is dredging iL                         He and Town Manager Jonathan                exactly what the town i~s doing.                ask the Audubon Societ~0q@ ~q-g
                                                                                                         But town officials, who have failed          C~art~er~mid th~e A~n~du~t~ion Society was               "In fact," he said, "the harbor             help plan the future of.the ha
                                                                                                      to get state permission to dredge the           o~f~f~i~er~ed a seat o~i~l the committee but         management plan is proceeding                      Member-, of the Harbor Pla
                                                                                                      harbor, denied they will use a $5,~0~0~0           refused the town's request to help            from the point, 'We need to dredge             Committee said they plan to
                                                                                                      state grant to prepare another                  plan the harbor's fi~lt~ur~e~.                    this harbor. ~How do we ~go about                what would happen to the ~qharl




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                                                                                                                                                                                                                                                                                                             4 objections to
                                                                                                                                                                                                                                                                                                             State lists ~2qo~0qmprehens~ive plan
                                                                                                                                                                                                                                                                                                             ions.
                                                                                                                                                                                                                                                                                                             Ices for growth ~re~qt~4qV explicit
                                                                                                                                                                                                                                                                                                             ~qI~q)resden c~qV~,More~'
                                                                                                                                                                                                                                                                                                             co~%~F K~qJ ~'~qTh~q" state ~P~,~1~,~1~n~n~,~,~'~q@~'~,h ~p~i Ian on
                                                                                                                                                                                                                                                                                                             ~ina an s~u`~a~'~e~g~qy~q@
                                                                                                                                                                                                                                                                                                             ~tcontrols. t~h~r~ouw~g~e~lrc not d~, t~o ~'~b~e
                                                                                                                                                                                                                                                                                                             ~E~L ~'~S~'~o ~n~aI, ~and ~d I
                                                                                                                                                                                                                                                                                                             ~K~J ~C~O~4q=~2q= ~l~ic hearing on th ~R~6qTd b~i~n~eshousin~g I~r h~e
                                                                                                                                                                                                                                                                                                             I~.~e ~, ~,
                                                                                                                                                                                                                                                                                                             .,.',.Put ~1~1 ~9. ~e~x ~0qN~q,~.. were
                                                                                                                                                                                                                                                                                                             ~,~r ~1~1~0~1~1 a~'u~- ~b~b tio~n~s.
                                                                                                                                                                                                                                                                                                             ~,~h~e~q@~i~v~e lit n w~i s t~qT~n
                                                                                                                                                                                                                                                                                                             ~p~'~S ~1. ~1~q2~. ~'~,~f ~f ~U~,
                                                                                                                                                                                                                                                                                                             ~ob~je~ct~i~t~i~z~h I
                                                                                                                                                                                                                                                                                                             despite ~5 It ~t h ~O~uu~' ~n~' ~qpr~esd c~qtnno~l
                                                                                                                                                                                                                                                                                                             ~f~o~T~w~'~s~yme ~m~' th~e 'Info r~id~ed~. ~e~n
                                                                                                                                                                                                                                                                                                             ~t~ow~n~a~rd~p~Thu~rstda~,
                                                                                                                                                                                                                                                                                                             Is ofhd~oc~u upgrade ~c~' coin ~:~o~u ~" ~a~r
                                                                                                                                                                                                                                                                                                             ~O~A ~t~o 1~4~-us~'n~g i~t'~hh"~qoh~e~'~, future
                        Wa                                                                                                                                                                                                                                                                                   some ~P~a years ~itw~,~, members say they ~a~"~~-~q@~T~qn~an~,ing costs ~0~'
                                                                                                                                                                                                                                                                                                             ~,~s~a~l~@~l ~qm~qn said c~0~,~`~dd~P~q@~qUd~,~,~,~. ~,d ~It~i
                                                                  ~0                                                                                                                                                                                                                                          ~'~0 ~'~,h I viable, s~h~' h~e
                                                                                                                                                                                                                                                                                                             ~'~qF~l~q@ he draft ~- ~q@~.~Is~l~~q" b~qa~qs~qe~qd~q@ ~, ~f`~qc~qI~,~q@~z~@n~q;
                                                                                                                                                                                                                                                                                                             ~.s~e~e ~0~P~,~.~j~q_~, ~i~s no,
                                                                                                                                                                                                                                                                                                             dp~- ~n~d n~o me~'~qd~q@~j
                                                                                                                                                                                                                                                                                                             topic ~'n~ess ~qic~4q@~o ~q-~'~,~Oo~n~qer~'~s~qo
                                                                                                                                                                                                                                                                                                             ~ps~g be
                                                                                                                                                                                                                                                                                                             ~w~'i
                        ~qf~qut~0qu~-~0qr~0qe                                                                                                                                                                                                                                                                              a c~orr~i~m~Mts f`~qw~m ~qa~l~"~'~Id ~qe~qseo ~P~.~1 ~ework ~lf~P~c~'~,~'~,~i~'~1~'~n~qs~.~,, it w~qW ~OA~P ~'~qc~r~c~lo. A Plan
                                                                                                                                                                                                                                                                                                             ~0~e ~a~n !dents, ~qhou ~0 ~0 d p
                                                                                                                                                                                                                                                                                                             ~r~ep~r~esen~t~in~,~.~n~,~,~s it at
                                                                                                                                                                                                                                                                                                             fforester~pwit~e~q'~.~II ensure ~I~O~0qW ~r~d
                                                                                                                                                                                                                                                                                                             ~t~a~l~l income~pto ~-~n
                                                                                                                                                                                                                                                                                                             ~qgr~q@~qce~qr~l~'~@~qO~u~t ~o~f o~q;~@n, a~nd ~S~,~,~2q;~,~cr~i~o~a~qv~ed by t~qi`~,en~1~qn~1 wn,
                                                                                                                                                                                                                                                                                                             ~w~th Plan p, ..~i~t c~oc~' I of land use in ~1
                                                                                                                                                                                                                                                                                                             nt~l~o
                                                                                                                                                                                                                                                                                                             ~0 ~r~_~i~s~, i's ~irwom~a~n than ~q- ~o~r~s~,
                                                                                                                                                                                                                                                                                                             25,~,~d levels town beg~0q:~d~"~c~o~n~t~"~'~i~"~. Cu ~:~@~i~,~,s stated
                                  of                                                                                                                                                                                                                                                                         _h~e
                                                                                                                                                                                                                                                                                                             Th ~-s Growth ~q!~1~q@~qan
                                                                                                                                                                                                                                                                                                             p
                                                                                                                                                                                                                                                                                                             t~q@~q@~v~rd P~,~a~n ~"~' ~r~ed ~a~a
                                                                                                                                                                                                                                                                                                             ~I~4qX~I~,~qo~qe~a~r~q@~q:~,~'~,~O~,~q@~,~. Th~e "a' ~1~_~q@~t town ~r~n~e~s t~a~e~.~c~e~r~t~i
                                                                  lie he ~2qa~-~2qf Ing                                                                                                                                                                                                                             ~sI~v~qi~qd~qe~, ~I~c to n~,~'~q@w n ~qcy as
                                                                                                                                                                                                                                                                                                             ~e~v ~Lev~cs~c~iu a ~. ~p~an~, ~m~q? ~q@~@~,h~er ~qi~t
                                                                                                                                                                                                                                                                                                             ~q:~qr~,~r~.~"e~M ~.9~.~'~,9~qu~P~1~,~`~qa~nt ~'e~d
                                  pub                                                                                                                                                                                                                                                                        re I ~I~n~i~o~qr~n
                                                                                                                                                                                                                                                                                                             ~t~o ~i~c~' C~O~r~P~;~. see beyond their~t,~q@O~t ~c~o~qj~q@~q!~, nil
                                                                  ~h~q2~0                                                                                                                                                                                                                                        ?~n~b~, ~t~e ~0 rt ~-~q@~q:~n~e~Y ~qn~qa~v~qp Said adding that,,
                                                                                                                                                                                                                                                                                                             ram D~Y ~nners
                                                                                                                                                                                                                                                                                                             unity ~,~,~.or a, no' ~in the town
                                                                                                                                                                                                                                                                                                             ~i~i~, hd~q;~i~n~ts ~@
                                                                                                                                                                                                                                                                                                             ~L~"~'~q@~q~'~aid ~q1~1~r~I~1r~'~.~.~.~,~s h~,~,~Ip ~q"~,~'~g~qn~q"w~qld, ~qO~'~I~@~n~,~in ~"~"~t~'~a~t~i~f~v~qe~q@n~C~i~t~ich
                                  h~r~~s~                                                                                                                                                                                                                                                                     Ing "long, ..~.~s~, ~sd ~,~v~. wa~q@~0q@~T~t1~9o~c~,~2q:~,~,~,,tSe ~qaw~,
                                  ~~m~e~n~, S~,~u~y                                                                                                                                                                                                                                                                 ~h~.~b~th ~i~o~i~on econo~rnt~0~'~.
                                                                                                                                                                                                                                                                                                             ~o~Y~5
                                                                                                                                                                                                                                                                                                             ~c~'
                                  ~~                              ~c~~'~i~n ~6 or                                                                                                                                                                                                                                 ~O~@ ~"~u~`~qi~.~@`~qa~1~0v~n~,~:~-~,n~t w~a~s noted ~T~. ~O~"u~a~,~',~qi~- ~. e ~l~ed ~2qn~,
                                                                                                                                                                                                                                                                                                             ~,~'~e~, ~.~, t.~,~e w~@~n~'~cincreases ~qj.~q@ P~P u~i~g~n ~, I
                                  ~~1 ~1~,~0~1~1~qa ~l~q"~qJ                                                                                                                                                                                                                                                              ~t~h' ~1-~7 ~f~"a........
                                                                                                                                                                                                                                                                                                             ~qP~'~e~'dth~, pro ~j~al ~0, -a
                                                                                                                                                                                                                                                                                                             ~qI~,~,~n~d ,or ~n~~. ~wh~.~,~,~,o~,~, rite ~T~qhe Plan ~C~n~,~I~I_SC~a~1~eC~o~rn~T~nCTC ~nu~,~.ac
                                                                                                                                                                                                                                                                                                             Iwh~i e~,~,p~l ~'~f~s~,~'a~g ~@wc~r~rk ~i~t ~a~l
                                                                  C"~y                                                                                                                                                                                                                                        Te~v~,~._~,1~.~1 am ~t~o.~, rid ~S~M ~"~s ~c~o~m
                                                                                                                                                                                                                                                                                                             ~u~"~q:~Cn~pri~~q;~, ~a~nd ~v~en~t~c~ua~T~I~c~ls
                                  in ~~qi~qZ~'1~q@~1~6~L                                                                                                                                                                                                                                                               ~3~p~o~se~q4~0~S~e~s ~0~q"~' for
                                  ~                                                                                                                                                                                                                                                                          for the ~c~t~i
                                                                  ~b~e~r~s ~0                                                                                                                                                                                                                                     specific ~ss~e ~P~' s~-
                                  h~i~lr~i~l                                                                                                                                                                                                                                                                     ~t~ur bu~l~in~e ~k~, a
                                                                                                                                                                                                                                                                                                             ~hu~r~s~"~. ~1~,~,h~,~,~, rid totes~'
                                                                                                                                                                                                                                                                                                             d ~qVaT~nn~ak` ~t~o ~qand I I ~1~1~1~,9~b~c~j~$~'t~i~On`n" th~e P~lt~@~@
                                                                                                                                                                                                                                                                                                             ~p~r in ~f~-~,~.~,~,~.t ff~.~.~,~,~,~Is.b~l ~r~ict
                                                                                                                                                                                                                                                                                                             ~T~e ~O~V ~'~0~nof ~'~h~t
                                                                                                                                                                                                                                                                                                             ~c~r~a as so ~g~q;~qT~b~'~l~ic f~qa~`~q@~"~t~'~e~s ~q@~1~1~0h~@~,~`~qn~@~qrt ~y d~is~t
                                                                                                                                                                                                                                                                                                             ~L~b~Is
                                  ~                               ~9                                                                                                                                                                                                                                          ~c~l I
                                                                                                                                                                                                                                                                                                             on ~0
                                                                  ~0- ~S~"~.                                                                                                                                                                                                                                     ~ob ~I~f~i~c~i~e~nIin% ~t~q@~, ~qo~i~in~d~@~a~qm ~r~c~@~o~u~l~c~a`~qn~s~q@ on~e
                                                                                                                                                                                                                                                                                                             ~S~@~I~C~O~qt
                                                                                                                                                                                                                                                                                                             ~'~I~C~L~, Of ~1~1~W ~c~l The ~enI~qc~"~I~'~qs~e~k~"~qO~f ~'~0~P~'~qc~,~'~,c ~p ~O~r p~l~a~on~qo~l~e
                                                                                                                                                                                                                                                                                                             I In, TO
                                                                  _~,~t~c~r~lr~o~n~t                                                                                                                                                                                                                                 ~1. oa ~s~ i~r~i~l~q@~,~f ~S~,
                                                                                                                                                                                                                                                                                                             ~t~u~,~n~p~il~k~@ ~1~1 h~o~l~"~i" f~O~1~C~P~T~O~'~,Tt~qi~,~,~.s ~th ~'~qa~ql~8q@`~,~r~q@t ~0
                                  ~                                                                                                                                                                                                                                                                          b~, ~u ~jto ;,group
                                                                  ~q@~c~r~i~,~j~u~l ~P~@~b~l~"                                                                                                                                                                                                                             future ~"~i~'~al ~i~r~a ~'~0~o~a~. for a- ~r~q@w~'~1~1
                                  T                                                                                                                                                                                                                                                                          ~qPd ~P~l~qo~pt~I~c~qt~q" ~'~,~@~, ~1~qp~nd-`~qu~,~, d~i~f~f~e~r~"~t~i ~e~ff~er~enc~e~s
                                                                                                                                                                                                                                                                                                             ~qO~q'~c~qC~o~r~r~e d~ia
                                                                                                                                                                                                                                                                                                             ~"h~e S~a~lt~@~6~'It~t~er Of
                                                                                                                                                                                                                                                                                                             ~1~@~6 ~@~V~h~qitch h~a~s
                                                                                                                                                                                                                                                                                                             ~'~P~'~,~q@~'~n~qg~qs, ~q:~qadn~in ~-~f~f~i~r~qi~n~@~qd growth ~'~.~,d`~qe`~,~S~qo i d ~e n ~t ~i ~fY~w
                                  ~,~w                              ~qd~r~o~.~)~.                                                                                                                                                                                                                                     ~'~s n~ ~. S
                                  ~~r~o~p~c~'~s~e~m~o~r~"~I~t~t~'~~0 in co~n~p,~qc~q@                                                                                                                                                                                                                                              screening ~U~.~1 aere To ~t~ec~t~ion ~I~qi~qnt~e~t~e and local concerns as an~,
                                                                  ~0~q@ firm                                                                                                                                                                                                                                    ~a~n ~I~.~,~qd ~u~c~2q&~t~4q@wee~qs~a~id `~e~V~'~`~qr~On~' W ~th ~@~.~.~s .~0, p~r~u~qde~i try
                                  ~h                              ~t~l~,~o ~c~or~i~6~@~,~qV~i ~n                                                                                                                                                                                                                           ~p I ~n ~T~, ~t ~i ~I~q"~,~g though ~C~IT ~Pr~oSde~q@.. ~'~i~s~, ~"~"~a~y~l ~, she
                                                                  ~V ~_~~1                                                                                                                                                                                                                                      ~o~f the rare Plan,, ~, ~e~v protection ~'W~1 fell ~it cha ~1
                                                                                                                                                                                                                                                                                                             ~e ~th~l~l~q! are in resource
                                                                                                                                                                                                                                                                                                             ~V~s~u~r~cd s~inc ~"~'~O~o d~,~q@~@ ~'~u~n to like
                                                                  ~_J~qU                                                                                                                                                                                                                                        ~d~e in the d use to ~m~a~dd~in, ~i~t~l~l~qi~s~c~qn~q@ ~m~a~n ~n~a~n~"~,
                                                                                                                                                                                                                                                                                                             ~r ~P~l~a~r~, ~c~o zones ~s were me ~a~n
                                                                  ~r~2qV                                                                                                                                                                                                                                         ~l~4~a~-~w ~ff~e~r~,~2q=
                                                                                                                                                                                                                                                                                                             ~i~n ~1~,~c~o~qn~"~q""~qb~qu~, ~.h ph~i~l~-s~O~P h~i~c~a~l d~qi~, ~n~ia~j~q@~, ch~a~n~q@~e~s~-~h~, to be held at
                                                                                                                                                                                                                                                                                                             ~e~n~t ~.~,~i~a~g~, I will ~q@~@ a final
                                                                  ~1~,~i~r~tr~i~D~g~Ir~l~,                                                                                                                                                                                                                              ~q@~, ~e~v~i~s~t
                                                                                                                                                                                                                                                                                                             ~-~0~,sa, he Thu~, ~1~1~0q&~r~r~i~e~n~u~0qp ~q!~8q@~q,
                                                                                                                                                                                                                                                                                                             ~l~i~q@~q,~q, ~q'~l~e~qe~qf~"~'~O~"~n~i~yons for
                                                                  ~-~s ~a~et~u~i~l~e~d ~S~I~u`~l~y                                                                                                                                                                                                                         ~L ~i~" ~u~sd"I
                                                                                                                                                                                                                                                                                                             n~, Ie~tw"n ~and th~e ~m~u~n~i~t ~"~it
                                                                                                                                                                                                                                                                                                             said.
                                                                                                                                                                                                                                                                                                             ~c
                                                                                                                                                                                                                                                                                                             exists ~b-a ~"~'~q@~,~h~m~e~mp~C~i~can~f~O~qsh~c~o
                                                                                                                                                                                                                                                                                                             ~fcommittee. members want ~t~o ~r
                                                                                                                                                                                                                                                                                                             ~i~qcr~id        ~s
                                                                                                                                                                                                                                                                                                             ~m~a~i n I~n~1~1 ~'~n h~i~,~t~on~J~L~@c~o Committee growth ~a~r of town
                                                                                                                                                                                                                                                                                                             ~g in rural and ard~, ~Db~ert ~a~re, during ~the~s~e ~t~w~o ~se~s~s"
                                                                  ~I~'~d~A ~f~t                                                                                                                                                                                                                                    ~dI' :I Performance ~str~u~men~t~s t~in
                                                                                                                                                                                                                                                                                                             ~l~b~@ ~s~t~su~id
                                                                  ~i~n~qg ~T~r~i~n~, I                                                                                                                                                                                                                                1.,, 6~, ~c a~c~'~,~i~On`p~O,k a' ~z~on~i~t on by ~1~1 ~fT~on ~been~foi n
                                                                  ~"~'~o T~n~a~c~,~, ~, ~a~n~a                                                                                                                                                                                                                           develop.~f~u ~d of ~S~"~Co~l depend ~S~e~b~.~So Technics was~mI~. ~a~n~d ~w~&t~.~8q@~n~I~.~Y~i~n~,h~e ~@~n ~d~at~ionf~OT h~e
                                                                  ~.~"~.
                                                                  Plan ~u~'                                                                                                                                                                                                                                    the eastern ~6~n th ~4qgn~su~l~t~in~g s~q@t~tB ~25 ~ubl~iche~aring
                                                                  I                                                                                                                                                                                                                                          ~I~a ~'~qfor m~i~t~te~e p~l~i~an~n~, I ITo ~~'~q:~n ~q@~-~Pr~"~p
                                                                  nd uses along the                                                                                                                                                                                                                          Sac ~,~,~,~,~q,~s~1~,~qs~1~,~a~n~1~n~1~,~0~,~, ~s~el~ec~t~ed ~sm~s~, ~qne~mI~n~,9~q,~p~n~@~4q7 -A
                                                                                                                                                                                                                                                                                                             ion~te~'~i~on ~n~t~a~l
                                                                                                                                                                                                                                                                                                             ~0~B~e~,~, Chr~It~k~In~, C~levlend,~c
                                                                                                                                                                                                                                                                                                             ~1~1~5 ~q'~i  ~q'~C~qo~b~qu
                                                                                                                                                                                                                                                                                                             TO~.~f~i ~T~,~- ~qt~4qU~qT~Y~. ~l~i~,
                                                                  and ~t~qhe At~I~Ont~'~c                                                                                                                                                                                                                           ~a~~' ~'~"k on run, Biddeford P~l~a ~4qn~l~,~@~O~0qX~l ~. ~p~l~e n ~th ~at ~P~-~qou~l ~dT~n,n~wl r~el~a~t~@~O~n~s to ~S~L
                                                                                                                                                                                                                                                                                                             ~6qX~i~c ~acc~e~qW ~I~, ~e~n~, th
                                                                  ~"~e~"~T                                                                                                                                                                                                                                       a nature ~p~e~q@~g~o~,~e~r~n ~ag ~T~.~V~i~de the
                                                                  ~T~',~i I. ~i~-~c~l~u~d-                                                                                                                                                                                                                            ~q@ develop u~niver~s~itY~0~0 ~-~'~qg~,~a~n~o, ~,h~le~o~l~, ~'~h~a~r~c~l~,t ~Ie~s ~'
                                                                                                                                                                                                                                                                                                             ~O~n~qd~q@ ~T~n~i~l ~e~s in h~e Ting ~t~o ~p~t~h ~v~l~u ~a~b~l ~e
                                                                                                                                                                                                                                                                                                             ~n~y
                                                                  Ile ~o~nd~qa~v~S~S In'                                                                                                                                                                                                                            c~c~, ~1~6~1i~i~n~d~; th~e~q"~c ~0~1~) ~' uI~p ~u~m~,~tt_
                                                                  ~e S                                                                                                                                                                                                                                        ~C~o~R~i~v~e~r ~l~qb~i~l~'~ty of ~G~a~r~y~p~e~l~m ~c~r~,~1~q6~q@~n~S~i"`~qO~qr~d~.~. a ~'w~n ~P~q' previous
                                                                  ~`~q"~.~q@~,h                                                                                                                                                                                                                                     ~e ~'h ~"I~'d ~_~)~,y c~cnc~i~q@~'~2q; n ~h~qi~@~,~i~c C~' Suggestions.
                                                                  ~n~,~.,                                                                                                                                                                                                                                       ~re~T~ng, ~b~e~, ~an
                                                                                                                                                                                                                                                                                                             ~'~T of ~r~iter~v~-~,~- I
                                                                  ~-~1                                                                                                                                                                                                                                         ~e~4qLw~'~y~'
                                                                                                                                                                                                                                                                                                             ~dC~ni~n~g ~p~y ~c~o~,
                                                                  ~ven~L ~Ycoastal Or~"~, ~0                                                                                                                                                                                                                       T~,~0qr ~O~r~i p~l~a~n~n~,~q,~, h~-~-~I~i0
                                                                  ~th                                                                                                                                                                                                                                         ~"c ~o~o~,~S ~'~r~i~f~o~, ~I~,~, ~p~re~s~@
                                                                  ~i~s                                                                                                                                                                                                                                         A Town ~o~n~- ~S~eb~a~-~go Te~c~'h~q@~'~.
                                                                                                                                                                                                                                                                                                             rner~c~i~o~l ~q"t~,~e~I~. ~b~o~n~g ~qnt
                                                                  ~,~i~.~,~d~@                                                                                                                                                                                                                                     ~p~u~l ~'~)~q6~NE r ~Nvater~qfr~O
                                                                  ~y~c,~@                                                                                                                                                                                                                                       ~qMr~i~c h~i~,~g ~r~i~t~S~S.. ~f~o~r
                                                                  ~n~o~l~,Sig of ~C~O~M                                                                                                                                                                                                                             Don lead consul
                                                                  ~-~s~l                                                                                                                                                                                                                                        ~i~'~s~, uses; ~q@~ark end le d fo wood island
                                                                  nd~r~@~f~f~e~"~'~Io~n w~a                                                                                                                                                                                                                            ~f~i~t~e ~O~L ~H~O~,~b~o~l ~M~-~S~te~" co~llsic -re ~- ~4q=~h ~t
                                                                  a~d                                                                                                                                                                                                                                         n Or to be ~.~. ~q@~q@~on~l~l ~X~pT~e~qs~s~i~,~c~o~f~"~,~1~1 ~w~n~,
                                                                  I'                                                                                                                                                                                                                                         ~i~n~g~nhe G~-~' ur~b~s~n ~r~e
                                                                  r~e-~n~i~n~'~"
                                                                                                                                                                                                                                                                                                             ~9~1~, ~n~q@ ~_~0qS~_~C ~8~0T. To ~@~@h~st ~"~I~e~nt should u~n~i~q~u~,
                                                                                                                                                                                                                                                                                                             ~qbh~e~r~i~qW~e~-
                                                                                                                                                                                                                                                                                                             ~'~f~r~o~n~'~.~; ~B~@~qi~qd~le~l~@r~qu~l ~l~i~f~"~'~qO~q"~' Study ~q@~8q@ie q~L~iest~qiO~qn~s
                                                                  ~,u~,~c ~P~o~n                                                                                                                                                                                                                                   T~h~e~m~o~n~,~q@~e~qm~c ~1~, 2 B~i~ddef~o~s~qea~p~pe0~o~l
                                                                                                                                                                                                                                                                                                             "I ~1~1~ur~al ~S~L~' ~d~ev~e~l~o~p~-~e~n ~t~P~,~-
                                                                  ~an a~v~b~l~i~c park ~or~e~a_~S~.                                                                                                                                                                                                                     ~n ~L~.~0~T~o The ~,~,~i~s ~b~e ~done~7ate~r ~a~ct of
                                                                                                                                                                                                                                                                                                             ~A~c~t~i-
                                                                                                                                                                                                                                                                                                             a~2qN~n~y~p
                                                                                                                                                                                                                                                                                                             nm~ot to .4~q;~8qn ~R~o~u~.B~t~o
                                                                  ~l~u~u~nc~l~u                                                                                                                                                                                                                                    ~g~"~I~. C~O~m land ~and -~8t~e~T
                                                                                                                                                                                                                                                                                                             C~l. ~nt ~q@ ~t~a~tr~e~l~i ~e~3~1 ch ~n~i ~c ~qTe~side~qi~i~q@~'~I~i~qi
                                                                                                                                                                                                                                                                                                             f ~'h~e Tiv~er ~t~,`~qr~qi`,~qn~qpD~1 s~p~.The ~&ve~l~- In~'~'T.~-~It~'~n
                                                                  ~n                                                                                                                                                                                                                                          '.'a ~p~- ~H~er~. cross. ~nmen~qw impact? ~T~t~i,~er~e~c~.pe I f~is`h~- ~1~P~. ~.~,d c~h~B~y~ac
                                                                  ~q"~i"~ic ~8q=                                                                                                                                                                                                                                    ~,
                                                                  ~an~d Mn~g a'"'.                                                                                                                                                                                                                              ~I~l~id5
                                                                  S~o.~.                                                                                                                                                                                                                                       ~i~,~,e~, ~1~w~l ~D~M~i ~'~@~'~d~. a ~I, d ~.~q;yt~on): Th~e ~U~'~b~'n
                                                                                                                                                                                                                                                                                                             ~qT~O as ~R. ~I~n D~o~c~qme~T~d e~'d ~f~- c~o~ast~a
                                                                                                                                                                                                                                                                                                             ~-T~I~qD~O~I~l~qge ~s~n~,~8~P Rive
                                                                                                                                                                                                                                                                                                             h~e R.~Vt~@
                                                                                                                                                                                                                                                                                                             ~.~c~q:~10~1~"'
                                                                                                                                                                                                                                                                                                             tion~! ~V~, ~q@~qp~qe~is t~h~e~irr~i~p~t~i~ct~o~fater~h
                                                                  CO~-~T~@~,t~q@~q"~.~qI~n~n~.~ing                                                                                                                                                                                                                          ~b~"~qd~, ~'~.~@~,~'~d ~f~,~2qron ~T~i~v~e~y~e~II ores
                                                                                                                                                                                                                                                                                                             ~,Community i~"go heI~eSouth
                                                                  ~O~.~"~b ~P~I                                                                                                                                                                                                                                    'I ~" ~l~v~u~,~q@ ~1~, ~f~u~t~u~y rings
                                                                                                                                                                                                                                                                                                             ~c~~- fu~lu~i~r~, C~an h~isc~Oas~L~8
                                                                  ~n~i                                                                                                                                                                                                                                         ~t~q@~e ~v~el~opme~n~, ~D~'~Te~c~L~OaWhat i~qs~eTt~be ~t~e ~m~e~, at ~cl~im~p ~qT~1~1
                                                                                                                                                                                                                                                                                                             It
                                                                                                                                                                                                                                                                                                             2. ~"~1~. T~q7 ~p a
                                                                  ~o~c~i~m~e~n~d~.~t~i~o
                                                                  ~.~b~a~,~l~'~. ~(~'~a                                                                                                                                                                                                                                c~, D~c~@~' U: ~f~. Ins-
                                                                  ~q@~,g~ire~o~t~l~tr ~S`~qm~t ~O~,k ~o~qf~th~qe ~q@~-~,~qc~-                                                                                                                                                                                                           desired Cher~- ~he cc,".2~l~qi~" ~ST T
                                                                  ~e~,                                                                                                                                                                                                                                         ~n-~4qv~0qw~o~.~,~-~'~.~, ~w~.~t~e~rf~c~n~,~.f~aci I I~-
                                                                                                                                                                                                                                                                                                             ~cT~u~l ~n~ver~q@~qc~!~qr~bt~w~. ~n~a~l~i~n~s~t~@c~t~ion~l ~r~n~od~a~@ ~f~U~,~LheT devel
                                                                  ~g~h w                                                                                                                                                                                                                                       ~c~ql boundaries int~eT~4 ~f~o~r ~,~I~- ~1~q0~'~e~'uc~o"~@~'o~uth~-~ft~h~l ~S~"~O ~'~c~c~o~m
                                                                  River th~e                                                                                                                                                                                                                                  a~f~r~i~o~n pm~,
                                                                                                                                                                                                                                                                                                             3 P~o ~It~'k~h~n~d ~s~ac~c, 3~-Th~e~l more ~2~nt~4q@~, lend use ~loni~qT~i~g
                                                                                                                                                                                                                                                                                                             ~m~us ~qj~qak~s a b~e ~q:t~*~t ~q!Biddeford . much
                                                                                                                                                                                                                                                                                                             ~c~@e T C~OT~'~T~" ~i~s ~a~c~t~i~v~e~@ h~e ~Q~" bl~e with
                                                                                                                                                                                                                                                                                                             int~e, g~T~ity Of the ~n~V use can i~t Lake? ~.dpool -districts ~co~m~p~,~.
                                                                                                                                                                                                                                                                                                             . ~B~idd~ef~o ~i~d~.~,~. ~y~@~rn~eb~un~k~P~or~l~-
                                                                                                                                                                                                                                                                                                             to ~r~o~n~o


                        Richmond residents OK comprehensive plan
                        By ELIZABETH COXE                                                                                                                                                                                                                                                                    reduced density zoning in outlying areas, a repeal henSive plan advisory board.
                        ~K~J Correspondent                                                                                                                                                                                                                                                                     f the cap on permits issued per year, Sometimes citizens need to be reminded, and
                                                                                                                                                                                                                                                                                                             ~2qond fewer restrictions on development rights and sometimes forced through regulations, to be
                                                                                                                                                                                                                                                                                                             ~q0
                                  RICHMOND - A thr~qC~qC~q-~qYear struggle to craft                                                                                                                                                                                                                                  n Commercial growth. responsible, he said.
                        a growth plan for Richmond ended Wednesday as                                                                                                                                                                                                                                        More than 1~q50 people attended the meeting to Some 70 meetings have been held on the plan
                        citizens approved a new comprehensive plan,                                                                                                                                                                                                                                          act on the comprehensive plan article, a solid since 1988, Robbins said. The plan was reviewed
                        complete with some Ilth-hour amendments                                                                                                                                                                                                                                              waste and recycling ordinance, and four appro- by state officials, returned with suggestions
                        suggested by a citizens group.                                                                                                                                                                                                                                                       priations to supplement previous votes. and resubmitted, and prepared fo~qr public vote at
                                  The plan, described as an official expression of                                                                                                                                                                                                                           Richmond's new plan was the first in Maine to a special meeting last fall.
                        the community's vision of its future, will guide                                                                                                                                                                                                                                     receive state approval, although there is some Robbins said commentary by George Smith
                        development of new land use ordinances, officials                                                                                                                                                                                                                                    question about how the amended document appearing in the Kennebec Journal just before the
                        said.                                                                                                                                                                                                                                                                                will be viewed in Augusta. fall meeting generated anger against the
                                  Town Manager Nancy Churchill said the plan                                                                                                                                                                                                                                 Consultant Mark E~2qyerman, of Market regulatory nature of the plan, bringing more than
                        does "the sorts of things that help a town become                                                                                                                                                                                                                                    Research in Portland, advised citizens to approve 300 people to the November meeting.
                        well managed and efficient."                                                                                                                                                                                                                                                         a plan they were comfortable with and worry later Smith's comments contained incorrect assump-
                                  Some citizens who believed the plan was too                                                                                                                                                                                                                                about state endorsement. tions, Robbins said, but added he was pleased
                        restrictive had developed seven amendments and                                                                                                                                                                                                                                       The plan represented a balance sought between they spurred citizens to finally join the process.
                        explained them in a handout.                                                                                                                                                                                                                                                         individual freedoms and the needs of the town, Ey~qerman later said further amendments to the
                                  Alice Wh~qe~qe~qler~q.and others in the group proposed                                                                                                                                                                                                                             said Jay Robbins, chairman of the compre- plan could be made at any time.
 








                                     The interagency Marine Program Working Group, which was
                         informally established to coordinate Maine's marine programs and
                         to assist in the development of the project, met several times.
                         The group's dredging subcommittee drafted a letter for Governor
                         McKernan requesting Maine's Congressional delegation to seek
                         Congressional authorization for a General Investigation along
                         Maine's coast by the U.S. Army Corps of Engineers. The primary
                         focus of the Investigation would be to determine Maine's dredging
                         needs, dredged material disposal options, and related impacts.
                         Prior meetings between the dredging subcommittee and the Corps
                         produced agreement that such an investigation be requested. A
                         Corps-State agency team will be established to guide the project
                         if funding is provided.

                                     The newly re-established Cabinet-level Land and Water
                         Resources Council (see next page) created a formal Marine Policy
                         Committee as one of six new standing committees. The Marine
                         Policy Committee consists of representatives from DMR, DEP, SPO,
                         DECD, IF&W, BPL, MGS, and DOT, and supersedes the informal marine
                         Program Working Group. The Commissioner of Marine Resources
                         serves as chair and the State Planning Office provides staff
                         support. The Council requested that the Committee meet monthly
                         and charged it with coordinating State marine policy, resolving
                         conflicts between agencies, identifying and investigating
                         emerging marine policy issues, and serving as a ready resource
                         for the Council to respond rapidly to issues as needed.


                         Task 4 -- Program Managemen                                             't & Public Education

                                      A. Public Education Initigtives

                                      (1) Coastweek & Coastal Cleanups -- The Coastal
                         Commmunications Coordinator began contacts with corporate donors,
                         with regional coordinators for Coastal Cleanup, and with a
                         designer regarding the schedule and content of this year's
                         poster, and worked with Maine Audubon to coordinate
                         Coastweek/Cleanup promotional efforts with Audubon's Sea Fair (an
                         environmental fair planned for the second day of Coastweek).
                                       (2) Shore Stewards Program -- The                                                                                                                    NEWS
                         second issue of the Shore Stewards Program
                         newsletter, "The Ripple Effect" (see                                                                                                                        IN BRIEF
                         Exhibit E-9) was mailed to over 600                                                                                                                                    VJ
                         individuals and groups along the coast.                                                                                        Grant for coastal waters 11h r/f I
                                                                                                                                                           AUGUSTA - The Shore Stewards Program
                         The Shore Stewards Advisory Committee                                                                                          has awarded S3,650 to five community groups to
                                                                                                                                                        protect Maine's coastal waters,
                         awarded $3,650 in the first round of local                                                                                        The stewards program is a new public-private
                                                                                                                                                        :@rtncFrshup administered by th Maine Commu-
                         grants for projects including volunteer                                                                                           ty 0 ndation and the Vaine Coastal
                                                                                                                                                        Pro am       .
                         water-quality monitoring, an estuary                                                                                              lillwas iormed in 1990 to offer information and
                                                                                                                                                           anciall support to citizen groups interested in
                                                                            a grade school poster                                                       protecting Maine's coastal waters.
                         traveling display,                                                                                                             fin
                                                                                                                                                           During the next five years, an endowment of
                         contest, and a middle-school curriculum                                                                      on                $500,000 will b built to fund local grants.
                                                                                                                                                        Contribu tions freom foundations, corporations,
                         pollution of coastal shellfish beds.                                                                  The                      and individuals are being sought.
                                                                                                                                                           The first groups to receive funds are the
                         Shore Stewards Coordinator helped organize                                                                                     Brunswick Marine Resources Committee, the
                                                                                                                                                        Damariscotta River, Association, the Georges
                         the first Water Quality Monitoring Fair,                                                                                       River Tidewater Association, the Vittery Conser.
                                                                                                                                                        vation Commission, and the Woolwich Shellfish
                         which attracted more than 250 people.                                                                                          C4aservation Conunission.
                                                                                                                                                           More information on the Shore Stewards Trust
                                                                                                                                                        Fund or local      nts program can be obtained
                                                                                                                                                        from the Sbc!@: Stewards Program, State
                                                                                                              13                                        House Station 38, Augusta 04333. or by calling
                                                                                                                                                        299-3261.


















                                     LAND A14D WATER RESOURCES COUNCIL MEMBERS
                                                          April 1991


                                                                                                                                                                                        (Chair: Cal
                  C. Edwin Meadows, Commissioner                      H. Rollin Ives, Commissioner                                                             Areas:      Coordination/facilit
                  Department of Conservation                          Dept. of Human Services                                                                              Priorities of Sec. 3
                  station #22                                         Station #11                                                                                                  Areas (propo.8"d
                  289-4900                                            289-2736
                  Alternate: Sue Bell                                 Alternate: Don Hoxie                                                              Watcr-Resvr-c-a*-Coznm-1       (Cha i r: De
                                                                                                                                                                                        (Staff: St
                                                                      (289-3826)                                                                               Areas:      Wellhead Protecti        un T
                  Dean C. Marriott, Commissioner                                                                                                                           Water R esources M       ana
                  Dept.         of        Environmental               Dana Connors, Commissioner                                                                           River Resource.,.,. Mana
                  Protection                                          Dept. of Transportation                                                                              T,akp Policy Develop
                  Station #17                                         Station #16
                  289-7688                                            289-2551                                                                                                          (Chair: Wi
                                                                                                                                                                                        (Staff: Jo
                  Alternate:        Paula Clark                       Alternate: Paul Minor                                                                    Areas:      Section 309 Asses9me
                  (582-8740)                                          (289-3131)                                                                                                   ocean Resourcen
                                                                                                                                                                                   Marine Debris
                  Lynn Wachtel, Commissioner                          John Jaworski                                                                                        DredJng Policy Deve
                  Dept. of Economic &                                 Executive Director                                                                                   Auaculture Permitti
                  Community Development                               Androscoggin valley COG                                                                              Submerged bands
                  Station #59                                         125 Manley Road                                                                                                   (Chair: Ly
                  289-2656                                            Auburn, me.         04210                                                                                         (Staff: Ka
                  Alternate: Kay Rand                                 Alternate:                                                                               Areas:      Resources, Coordinat
                  (289-6800)                                          Elery Keene, Director                                                                                Feedbmck/ueries fro
                                                                      North Kennebec RPC                                                                                   Next round planning
                                                                                                                                                                           Sec. 309 Assessments
                  William             i .       Brennan,              7 Renton Avenue                                                                                              Natu ral Hazards
                  Commissioner                                        Winslow, Me. 04902                                                                                           cumu lative Inpa
                  Dept. of marine Resources                           (873-0711)
                  Station #21                                                                                                                           Hydr_=X_ejjg_ensin Comm.      (Chair: R
                  289-2291                                            Dr. Gregory N. Brown                                                                                              (Staff: B
                                                                                                                                                               Areas:      Coordination & polic
                  Alternate: Lewis Flagg                              Vice President                                                                                       Resource uestions i
                                                                      for Research and Public Service
                  William J. Vail, Commissioner                       201 Alumni Hall
                  Dept. of Inland Fisheries                           University of Maine                                                                                               (Staff: Wa
                  wildlife                                            Orono, Me.        04469                                                                  Areas:      Program coordination
                  Station #41                                         581-1504                                                                                                     Ecological Rese
                  289-3371                                            Alternate:                                                                                                   Natural Heritag
                  Alternate: Fred Burley                              Gregory White, Director                                                                                      Endangered Spec
                                                                      Environmental Studies Center                                                                         GIs     initiative & Pro
                  Richard R. Silkman, Director                        11 Coburn Hall                                                                                       Sec. 309 Assessments
                  State Planning Office                               University of Maine                                                                                          Wetlands (propo
                                                                                                                                                                                   Public Access (
                  Station #38                                         Orono, Me.        04469                                                                                      Special Area Ma
                  289-3261                                            (581-1490)                                                                        HarXtt1ng"cvc1oPmLent--oDn- (Cha
                                                                                                                                                                                        (Staff: C
                                                                                                                                                                                                    r
                  Bernard W. Shaw, Commissioner                       Carol Michel, Director                                                                   Areas:      Promotion of indu        t
                  Department of Agriculture                           Land & Water Resources             Council                                                           Increasing Value-Ad
                  Food and Rural Resources                            State Planning office                                                                                Coordination of mar
                  station #28                                         Station #38                                                                                          Expansion of market
                  289-3871                                            289-3261
                  Alternate: Esther Lacognata                                                                                                           Lan"-* -Reulalin-j,=m. (Propose
                                                                                                                                                                                        (Staff:
                  (289-3511)                                                                                                                                   Areas:      Regulating, permitt
                                                                                                                                                                           Enforcement Options
                                                                                                                                                                           Sec. 309 Assessment
                                                                                                                                                                                   siting Of Coas
                                                                                                                                                                                        Facilitie
 

~0



                              Proposed marina divides Bass Harbor
                                                 Tourist industry,
                                                 fishing industry
                                                 in a culture clash
                                                 By William C. Hid~1.y ~qV~; ~P
                                                                                                                                                                                      ~qf
                              BASS HARBOR (A                           De~8qZ~q@~.~4q@~,~'~q@~q!~'
                              0                                        ~P                            ~Z
                              sardine cannery and sees an op rtun~ity
                              ~ n Papen looks at the o~ld Underwood
                                                                       ~po
                              to make money - a place to build a "boa-
                              ~el" and marina for tourists and their
                              yachts.
 ~1p~152;3048;48;52q&                          Fisherman Gene Lawson looks at the
                              boarded-up factory - at its peeling paint
                              and weathered wharf - and sees recent
                              history repeated. Once again, the tourist
                              industry is muscling out the fishing
                              industrv.                                                                                                                                                                                        >~8qC~2qt~8qe~4qd
                              But ~L~@awson and 65 other fishermen who
                              work out of Bass Harbor are drawing the
                              line They are fighting the Von Papen                                                                                                                                                                              ~l~q~p~l~@~- ~1~@~1~1~,
                              project, hoping to set a pre~e~w~i-                                                                                                                                                                     ~n~0qA~e ~1~1~, ~, ~,
                              gve fishing                                                                                                                                                                                                    ~l~l~@~r~e~t~:~L~s ~t~1~w
                                                                                                                                                                                                          ~L~i~n~d~c ~C              d ~L~a'~ds
                                                                                               ~4qT                                                                                                          ~s~ub~i~l~l~C~r~9~c           ~'~0~1~.~1~c ~@~, ~d~,~- to ~qg~r~a"~'~,
                                                                                                                                                                                                                               of Ill   ~1~1 ~,     ~)~n~l~v ~i~t ~0~)~,
                                                                                       ~2q0                                                                                                                  ~1~3~1~11~7~q0~L                   a land ~C
                    ~qB                                                    ~6qT                                                                                        ~@c~lte~if~l~l~o~l~lt                           ~1~,~3~@                 I-~,~ib~i~-~n~e~rg"~'    ~'
                              ass                                                                                                                    ~ql~z~qi~l                                                      ~e I             n~o~t ~k~l~n~1`~C~Z~"'~)~""
                                                                                                                                                              ~l~qj~o~qd.~q@~q!~i                                                         ~. ~q@ or ~l~l~qi~u
                                                                                                                    1' ~0~1      ~t~qh~e (IS           ~'~0                                                       ~@r~o~ieC~, ~"                        0
                                                                                                                                                                                                                               .~1~0, ~t~i~s~I~n~n
                                                                                                                                                        PC                                                Jere                 ~(~i~t ~t~h~e are,              pn~@~e~O~.
                                                                       ~S                     ~q4~q4B~ass                 Wit     D~qO~C~"~t 1~@~%l~a~l~l                                                                                      ~U~qe~s                  ~pr~o
                                                                       'Cis                                                                                                                                                    late, ~t~h~_~l~t~l~f
                              ~~qV~q@~l~c                                                                                                    ~"~N~'    ~C~(                           ~i~c                                  it ~a~l~,              not,
                       ~~                        ~_~C~1~5~10~1               ~@~5~1~C                                                                                                                                                    ~"o ~s~t~l~p~l~l
                                                                                                                                                                                                                               ~, ~t                         ~'~l~ce~@
                                                 ~-~C ~S~!~,                Marina
                                                                       decision
                              I~~, ~Y~I~T~I~IJJ~I~I~4q@ ~qC~'~,
                                                                       praised
 ~F~E                                                                    ~p~r~,~p~o~@ Underwater land
                                                                                                                                                                                                                               ~q4
                              ~oll
                                                 to ~1~)~1~0~c~@~,
                                                                       ~ge~n~C~ protected by state
                                                 a                     ~p~r~c~2p~                                                                       a~l()~n~@~, By WILLIAM C. HIDLA~Y                                                                                 ~Z~@
                                                 ~d~c ~o~l~,                Associated Press Writer
                                                 ~r~1~; ~0~1)~n~l~e~n~k~s
                                                 ~c~o~'~,~I~s~@ ~I~'~Z~i~p~e~i~l~,       BASS HARBOR - Local fish-
                                                                                                                                                                                                                               A
                                                                       ~e~,~,~l~s~, ~erm~en won a victory Tuesday in their
                                                 ~Q~1~1                   Oros
                                                                       battle to block a proposed marina
                                                                       when a state agency rejected the
                                                                                             a precedent for
                                                                       project, setting
                                                                       ~B~,~4~i~y similar developments along the
                                                 ~0                                o
                                                 ~[                     ~3"' 2~, , Maine ~c a~s~t.
                                                                         Ed Von Pap~-n, an entrepreneur
                                                 ~I~~)~Q~s~c                a ~-~2~6-~100~1~' from Massachusetts, envisioned                                                                   ~6q7`~-                   ~7                                slim
                                                 ~1~1~V~;~ ~'~1~1~,~I~) ~,        ~s~t~s turning an abandoned sardin~e-can-                                                                                                                               ~q-     I ~_~
                                                 ~~, toll               ~ning factory and wharf at the mouth                                                                                                                     ~j
                                                 ~Csin                  1~10 ~S~t~e~r~' of Bass Harbor o Mo        D r~i                                                                                                                                    ~W~,
                                                                                                      un~' ~'~ee
                                                 ~U~k ~l~o~c~a               ~                     ~qP
                                                                       ~,~t~r~e~l~," Island into a manna  for 84 boat,
                                                 I)CC                  ~i~: with a 26~-room "boat,,    " for tourists
                                                 ~b 'Ale                ~.~'~I~l~k~qm~, to,
                                                 out                   ~n~o~k~s~e ~i cruising th~e coast.
                                                                          But local lobs~term~en opposed the
                                                 car                   ~5~S~h~i~n~qg project, fearing they would be driven     Fishing boats are moored in Bass Harbor Monday during a snow storm. Fisherman there won ~t~qWr battle to
                                                 collie                ~t~h~i out of the harbor by wealthy tourists        block a proposed marine - background at left - when a state agency rejected the project.
                                                                       ~l~e~s~d~a~@ II who don't care for the noise and
                                                                       ~o~t ()rise smell that comes with fishing.           Bass Harbor, a village of about               of Design Service engineering con-                     these provisions of the law into
                                                                       s rTuesday, the state Department of              400 people that is part or the town of          su~l~u~ints of Portland.                                  consideration and act accordingly."
                                                 b~l~ic Von              a~iCon~s~erva~Lion~'s Bureau of Public                Tremont, is located at ~th~e southern                Ware estimated that Von Pap~en                       In rejecting the lease, the bureau
                                                 lion of               ~t), ~r~r~L~ands rejected the application of          tip of Mount Desert Island, the                 already had spent ~$300,000 on the                      ruled that the proposed marina "will
                                                                       ~-~1eVon P~apen's group, Mount Desert               home of Acadia National Park and                project. If completed, he said. the                    directly and indirectly interfere with
                                                 ~C~S~C~I                  ~r~sReally- Trust, to lease the sub.               wealthy summer tourist colonies like.           project would cost between ~$4                          fishing," destroy a small area of
                                                 sub                   merged, state-owned land beneath,. Ba~r Harbor.                       ~- ~                         ~@~; million and ~$6 million.        .                    lobster habitat and create hazards on
                                                                       the proposed marina's floating boat              ~ I Conkling contends that fishermen               "I think developers are going to                    foggy days to 'fishermen from
                                                                       sups.                           ~: ~-~,         ~.   have been driven out of ~the island's - look two, three and, four times                                 incr~ea~sed-boat traffic.
                                                                          Ile decision set a precedent                  other harbors by marinas catering to            before they invest in property like                    It also -found that th~e~-~q,~q:~p~roj~ec~t
                                                                       because it was the fir t test of the             summer yacht owners.,                           this," W~qi~qr~qj~qe 'said Tuesday. "Now*                      would hurt ~qthe~q"oper~qa~qtions of C.H.
                                                                       land bureau's determination to                     "The fishing industry is virtually            you've set       p~q@e~qo~qedent and if this                 Rich Co., a lobster- and fish-b~qu~qyi~2qq
                                                                       enforce new provisions in the state's            gone from Bar Harbor, S~qca~ql Harbor               comes up again in a small waterfront                   business adjacent to the abandoned
                                                                       Submerged Lands Law aimed at                     and Northeast Harbor and it is                  area, the Bureau of Public Lands has                   factory, and lead two local bo~qat-r~qe-
                                                                       protecting commercial waterfronts,               dramatically reduced in Southwest               to look at this decision."                             pair yards to shift their business
                                                                       ~qof~2q@~q@~q,~qci~qi~qs~ql~ql said.                                Harbor," Co~qnkling said. "Bass                      Under changes made in 1989, the                     away from serving fishermen to
                                                                            ~q1. the big picture, I think this            Harbor is the last working water-               Submerged Lands Law directs the                        serving only pleasure boaters.
                                                                       decision will mean to fishermen up               front on Mount ~6qP~qe~0qt~8qi~8qw~'~q.~q.~q1s~ql~qa~qnd.                  bureau to grant a lease           ~-fo~qr.sub~q-            pite ~qth~qe.ob~qj~qec~qtio~qns of ~qi~qt~qical~ql
                                                                       and down the coast that the state of             P~qc~qn~q*od                                          merged land only if ~qth~qe project will                   ~qr ~qan town officials supported
                                                                       Maine is serious about protecting                  But ~4qi~qx~qm~4qiu~qlt~qant~8qi working for~q'V~qo~qn               not unreasonably interfere with                        the project as a way of expanding
                                                                       their industry even in a down cycle,"            Pap~qe~qn disputed that contention and              'fishing or other existing m~qi~qarine uses                Tremont's tax l~qi~q@~qa~qse mind making use
                                                                       said Philip W. Conkling, executive               ~q. said Tuesday he plans to appeal the           ofthear~qea." ~q'                                          of the abandoned Underwood can-
                                                                       director of the Island Institute, a              decision in Superior Court, raising                It al~qso~q*s~qt~qipula~qtes that ~qth~qe~q'propo~qs~qed                ning factory. The red cannery
                                                                       non-profit group that promotes the               the prospect for a drawn-out legal              project must not "unreasonably                         building, its paint peeling and its
                                                                       balanced use of Maine's islands and              battle. They also said he would                 diminish the availability of services                  wharf rotting, has been vacant since
                                                                       coast.                                           continue seeking the two other                  and facilities necessary for commer-                   1978.
                                                                           Conkl~qin~qg~q,   whose   group sided with         permits he needs for th~qe project                cial marine activities," such as                       Tr~qemoi~qt~qt Town Manager Gretchen
                                                                       Ila











                                                                       the Bass Harbor fishermen against                from the state D=men~qt of                        boat-repair yards.                                     Strong said the decision to deny the
                                                                       the pro~2q)~qect, said the decision would             Environmental Prot                and the          "This is the first case that we have                lease was disappointing.
                                                                       make at more difficult to build                  U.S.  Army Corps of Engineers.                  used those provisions," said Stephen                   "~qIbe~qre is not a lot of business in
                                                                       marinas    in about two dozen other                'Ilia was a ~qv~qemendous invest-                 Ofiv~qeri~q, resource administrator with                   the town of Tremont," Strong said,
                                                                       fishing harbors in Maine, from                   ment of out-of-pocket money by Mr.              the Bureau of Public Lands. "What                      "I think it would end up being good
                                                                       Swans Island to Cundys Harbor on                 Von P~qap~qen for which he gets no                  that does, as a precedent, is it says                  for the town. I think a lot of it is just
                                                                       Casco Bay.                                       return," said Bob Ware, the owner               the bureau is really going to take                     resistance to change."

                                                                                                                                              15
 

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                                                                                                                                                             IV
                          Working Waterfront Protected
                          b Bass Harbor Marina Denial
                             ~2qY
                                                                            ~:~J~:~7~5~L~-~-`k~N~,~P
                              ~lnap~rc~c~c~dcntsc~iting~casc~,~i~t~l~iimpli~-                time into ~th~e future." Unclcrchangc,~.~@ made
                          c~~i~on~s~f~or ~i~t~i~c ~c~mir~e c~o~.~!s~@~. ~t~h~e Bureau of            ~to the Submerged Lands L~a, in 19S~@~-~'~.
                                                                                                                            ~"unr~e~3~-                                                                           ~g~;
                                                                                 pro,,o~s~cd d~ev~el
                                                                                                     pm n~i~s must no~t
                          Public ~L~an~ds~;B~PL) in mid~~N~I~ar~ch denied
                          ~~          ]~,~:~:~'~z ~ic~, It ~r~n~'~,~i~r~!~n~n~' d~c~,~c~l~op~c~7 ~i~r,     ~s~o~m~H~~, ~in~t~er~f~cr~qi~c~) ~, itch ~f~ish~;n~,~,~@~:~Pr ~(~,~i~t~)~,- ~c,
                          ~-~S ~P~;~:~r~h~or, a rural f~is~!~@~jn~Z ~j~)~L~t~c~@ ~o~n tile           ~i,~m~i~, marine uses 0~1 ~t~h~e ~a~r~., ~:~. I he ~J~u
                                                                                                                                                                                                            ~c~^~@
                                                           ~D~c~,~c~-                                                               ~I~c~as~@~@
                                                                                                                                                             ~4qV         ~P
                          ~;~~~!. ~.~1 ~L ~lh~l~~@~@ Of ~"~l~.~i~t~i~l~l~   ~'    ~~1 ~!~S~;~@~r~d~      :~i~~ko~g ~an~is~BP~I-~th~c~au~th~ori~t~@ ~toc~i~cn~,
                              ~@~@ood ~to ~Kn~o~, ~Lh~c ~s~i~n~i~c is ~L~r~@ in., to             ~L~I~ML ~"u~nr~c~aso~n3b~]~, diminish ~th~c ~a~,~;~i~i~I~abi!-
                                                                  ~@ ~z                                                                                                ~- ~-~1~c~,                            ~0~1~,
                                                                                 ~k~yol~'~s~er~vi~cc~and~"                                                                                              ~_~q1~2qN-~, I
                                                                                                       ~f~ac i I i I ics for c~om m~er~L i ~a~t                        ~0~1~,                                    A    ~4qV
                          ~~~,~, I ~co~,                                             marine ~a~c~ti~t ~n~i~c~s~." such ~a~s ~b~o~a~t~y~a~rd repair                                                                    ~-~,~; ~4q% ~6~n        0~,              ~d~q,
                                      ~n~l~c~@ to m~c~lrir~t~@~s~- said Th~c~r~cs~z~i
                                              i~th h~er hu~sb~a~ndM~aur~i~c~e             ~@ ~ards.
                          ~~h~.~,~,~-ho~:~i~l~on~,
                                                                                                                                                                                                       Vol         (I
                          o,n th~e C~H. Rich C~omp~:~iny that whole-                       In r~ejcc~u~m~, Vo~n P~ip~c~i~l~'s           proposal,                                                                                 ~%,
                          ~j1c, lobsters, shrimp. scallops and other             ~BP~L found ~Lh~a~' the project "will directly
                          s~~f~o~c~,d for a large number of Bass Harbor             and  indirectly interfere with fishir~0qt in a                                                                                    ~l~p
                          ~                                                                                                                                                 ~l ~0~0~-~1~,                         (~I~l  ~qV~,
                                                                                                                                                                               ~0             ~0~4 ~qT~P
                          ~~hcrm~en.                                              number of ways. First. B~P~L~'s ~f~irdin~g dc-
                                      Y
                                                                                                   ~g~a~ti~v~e impacts ~to ~th~e CH.
                             In Ju~I~x  of 19~S~k) Mount Desert Really               scribed ~th~e nc~g
                                                                                                                                                                                                                      ~t~o
                          ~r~us~t and one OfiL~S p~a~@ ~inc~rs~. Ed Von P~ap~en           Rich Company as significant and cited ~th~e
                          of ~~las~s~3chusct~Ls, 3pplic~d to ~BP~L for a                "incompatibility between a marina and a
                                                                                                                                                                                                                                  ~0~e~.          ~0
                          ]case of 2 acres of Maine's sub~uidal prop-             working, fishing-related business.~" The
                                                                                                                                                                                                                                    ~0q*~'~C~"         ~4
                          ~~y in Bass Harbor ~to dredge a basin for an            Bureau further found ~tha~t"~the projec~icou~ld                                                                                                                      ~6qt
                          ~4~slip marina and boat launching ramp.                also preclude future use of the harbor by                                                                             ~e                      ~1~0~;    ~@~q9
                                                                                                                                                                                                       ~0                                            ~'~14
                          0 her plans of tile dc~,~c~I~cp~cr~*s c~a~J~l~cd for             M~aricul~turc, Products L~td~., which is con-                                                                 ~6           cc,-.                    ~0            ~1~1~0
                                                                                                                                                                                                       ~6qs                    ~t~i~l~.
                          tile construction of 26 room boa~Lcl and                ICMP~]~BLingasmo~]~Lcondi~b~aninga~r~K~]u~-ans-                                                                                 ~c~o ~i~r~p ~0          ~V~;            ~0~"~qs
                          parking facilities ~f~OTcruisin~g ~touris~Ls~a~i~th~e           port facility." Finally, the Bureau described                                                                                                     ~1~P ~_~q% ~@
                          ~0                                                                                                                                                                                                                  ~P ~1~,~%
                                                                           -     the project's unreasonable nega~i~qtiv~qe effects                                                                   ~(~9 A
                          Id Underwood Canning FaC~qL~q0r~qy site. A~qi
                          though ~qth~qe Project was opposed by the                  on the neighboring b~qoa~qtyards, L~qit~i~ql~qle Island                                                                                     ~q0~q0
                          town's Harbor COMM ~qAI~qC~qC and byov~qer4~q0~q0                  Marine and Bass Harbor Marine, which                                                                                          ~6q1~q6 ~qW
                          registered voters who si~qz~qn~qc~ql a petition                would be forced for economic reasons to
                          objecting to ~qth~qe project's impact on fisher.           shift their businesses away from servicing                                                                                              ~q0
                          men a~qr~q@d on the character of the town. th~qe             the fishing ~qf~qi~qr~qc~qt to servicing recreational                                                                                             ~q0~q,~q.~16qs    ~q1~q1
                          project won narrow approval of ~qth~qe plan-               boats.
                          ning board before being reviewed by state                   "I think it is additionally significant,"
                          authorities at BPL and DEP.                            said Conk~qlin~qg. "that BP~qLfr~qarn~qed this deci-
                             A group of Bass Harbor's fishermen                  sion in ~qL~qermsof~qLhecumul~qa~qdveimpac~qLstha~qL
                          and commercial businesses on the Bass                  have already occurred in other fishing har-
                                                                                                                                                                                                                                       ~P~_ ~0qe_~.~4qA
                                                                                                                                                       ~1~qW
















































































                          Harbor waterfront requested assistance                 bors within the Mount Desert region, be-
                          from ~qth~qe Island Jns~q6~q1U~q1~qC ~qt~qo present their              C~q2USC this establishes a broader precedent."
                          ~c~o~n~c~qems in Augusta. ~q"Pa~qn of ~qthe reason                      According toThomasMoffison~q,~qB~qP~qL~q's
                          ~t~h~e Ins~qULU~qIC agreed ~qt~qo get involved is that            Director, Von Pap~qcn has riled for an ad-
                          this proposal is ~qthe first ease ~qt~qo be reviewed         ministrative reconsid~qer~qa~qdo~qn of ~qt~qhe deci-
                          under ~qt~qhe ne~qw Submerged Lands Ac~qt~q,~q"                    sion and a spokesman for ~qt~qhe developer has
                          said Philip C~qonkling~q. "and therefore it                indicated that a court chal~qknge will fol-
                          would set important precedents for a long              low.
                                                                                                                                                        16
 







         Participants heard talks and tested different water-quality
         monitoring methods and equipment in hands-on workshops.
         Evaluations of the Fair were enthusiastic, and plans already are
         laid for follow-up workshops in 1992.

              (3) Gulf of Maine Program -- The Coastal Communications
         Coordinator contacted a long list of organizations in Maine, New
         Brunswick, Nova Scotia, Massachusetts and New Hampshire to update
         and verify information for the forthcoming Gulf-Links; also,
         worked on format for the publication, and on other new Gulf of
         Maine publications (e.g. an executive summary of the monitoring
         program and the Action Plan.), and arranged for a volunteer to
         assist with the Gulf of Maine Program.

              (4) Other -- A new Coastal Program traveling display and
         brochure on Nonpoint Source Pollution were prepared in
         cooperation with the DEP's Nonpoint Source Program. (See "You
         are the Solution to Coastal Pollution," reproduced below.) The
         general Coastal Program display was used at the weekend-long
         Fisherman's Forum in Rockport, ME; an Earth Day Fair in
         Boothbay, ME; and the Northeast Environmental Conference at
         Tufts University in Medford, MA. Work was begun on a new Coastal
         Program brochure. Finally, it was arranged for the Massachusetts
         Coastal Zone Management Program to publish 5,000 copies of
         Maine's Charting our Courae, an activity guide for grades 6-12 on
         water quality in the Gulf of Maine with revisions for
         Massachusetts.


              B. OCS Oversight -- Coastal Program staff attended a three-
         day meeting of the Dept. otthe Interior's OCS Policy Committee.
         The major items of discussion were the Draft Proposed
         Comprehensive Outer Continental Shelf Natural Gas and Oil
         Resource Mangement Program, 1992-1997, and the Dept. of Energy's
         National Energy Strategy. Coastal Program staff prepared
         comments on the draft proposed program for the Governor's
         signature (see Exhibit E-8).

              C. Other

              (1) Estuary Project Follow-up -- Reports published under
         Maine's previous award for improved estuarine management were
         distributed to conservation commissions, teachers, planning
         boards and concerned individuals. Technical assistance was given
         to conservation groups interested in promoting town support for
         regional management of coastal watersheds.

              (2) Enforcement options Study -- Formal re-establishment of
         Maine's interagency Land & Water Resources Council at a meeting
         on April 9, 1991 (see page 14) now will give the enforcement
         options study the needed status, attention and participation.
         Among a number of Council Standing Committees agreed upon will be
         an environmental law enforcement committee. The immediate order
         of business for that committee will be to complete the
         enforcement options study, with staff support from SPO.


                                        17





                                                                     
                                                                                                                                                          YO Ll
                    Information vlbl from the                               Information available                                      are the Solution
                    i Nnpint Source                                       from the Maine Coastal          Program
                    P11LJti Program                                           on water uality,                                                          to
                         - -1,                                                   Nonpoint Source Pollution,
                                 R             con:7nl Han"
                                                                                 and related coastal issues:                               Coastal Pollution
                        iook for Nla;ne Timz)er Ha vesting                 Booklets:
                        0-,erations: Best Nlianagertient Prac-
                        iceci Available !rom the Ma;ne                       -  The Estuary Book-A primer describ-
                        Fuest Service, SHS L22, Auusta,                        ing Maine estuaries, threats to coastal                       A simple guideto
                                                                                 waterualitv and what can be done                                     -Point Source
                                                                                                                                               Non
                                                                                   prctect our coastal resources
                                 & Se,4;men Cor-L:01    Fan-                                                                                         Pollution
                                7 Deveo-:,men- Best ,Ianage-                 The Estutuv Profile Series-profiles of
                                                                                 19 Maine estuaries; available sin!v                         and what it means
                              `ractices                                         or as a set
                                   from the                                                                                                to Maine's Nvaterways
                                   7                                             V,:aershec: ;,n Action Guide to
                                                                                 lrnprov;ng Maine Waters
                                                                                 Coasf-Links: A Resource Guide       to
                                                                                 Maine s Coastal, Organization;
                                                                                 Charting Our Course: An Actr-'%
                                                                                 Guide 'or Grades 6-,, 2 on Wa er
                                                                                 uai,, in the Gul o 'Maine
                                                                                 Sight"n Ls: A Listing of Maine's
                                                                                 Coas:a:/,Iarne V; Jeo Rez_-_::1-es



                                                                                     C    r o:   a i n e: 1,-, s ta in in S
                                                                                                                                                                         fA
                                              IV
                                                                                       -01' Heritage
                                                                                 conn
                                                                                                                                                             Ir
                                                                                 Sho e StewaTdsi Help save ou:- coast-
                                                                                                                                          An ediucational   d:s-)av 7reoa-e`
                                                                                 :ne, one :-ec a' a

                                                                                                                                                    Maine Coastal      Pr o ; 7
                                                                                 Caii t,e Mame Coasta' Frograzi at:                                    4'ne State 
                                                                                 280-5261 o, wrize: SHS3S, Aueusta,ME                              Mal            P*ann;ng 0;:1C-
                                                                                 0,                                                                 Sfa- Ho,,se
                                                                                                                                                                V
                                                                                                                                                          2- -3261
                                                                                                                                                    2C


                                         -7 6a2k2=0i 6A6ne S(2Au2f2ion'2Io '4C8OASTALP4OL2LI-40 I2c

                    Yes, Ycu are"
                            Whe-r,e: %-o,-: !:N e inlan,4 - Sko",he
                                           im                        zan or Dover- Fox crof t, Limestone, Bethel- or on the coast- Dar-nariScotta, Castine, Stonington,
                    Br-1!ns%,:ic!K-%,o,: can hcln protect and improve the uality of coastal waters by thoughtful use of the )and and waters around vou
                            Individual actions and changes in the way we do things can improve local water uality and water uali-y downstream Polluted
                    inland waters eventualiv reach the sea-flov,-ing down brooks and creeks to rivers, and into estuaries (coastal tidal rivers) and bays along
                    the coast
                            Our waters are threatened by pollution from the way we use the land and waters This pollution, carried by stormwaters, ground
                    waters, and land run-off, to lakes, rivers, estuaries, bays and eventually the open sea, is called Nonpoint Source (NPS) Pollution
                    Noripoint Source Pollution is a                              gm                                                    What YOU can do A few ideas
                                                                              6gn07g
                    Problem in Maine Waters                                                                                            1 Maintain your car Fix oil drips and
                            An estimated 187,000 acres of                                                                              inflate tires properly to reduce wear
                    S,ounciwater auifers are polluted by                        Where    does Nonpoint Source                         2 Pick up litter Trash on,the roadside
                    NPS pollution and fail to meet safe                              Pollution come from?                              or street may wash down the rivers to
                    drinking water standards Leaking                                                                                  the sea
                    underground oil tanks and improper                           Of course, every pollutant has a source,              3 Maintain septic systems Bacteria and
                    agricultura! chemical applications are              but non-point source pollution comes from                      nutrients can leach from poorly main-
                    potential sources of contamination to               many dispersed sources that are difficult to                   tained septics and pollute groundwater,
                    drinking water wells                               pinpoint Prevention is the best method to                     rivers, lakes and estuaries
                            Over 1,000 miles of streams in              reduce Nonpoint Source Pollution                              4 Garden responsibly Apply fertilizers
                    Maine are seriously contaminated due                         Land uses contribute to Nonpoint                      sparingly Consider alternatives to
                                                                        Source Pollution Erosion from construction
                    to NPS pollution, including run-off                 sites plowed fields, logging operations and                    pesticide and herbicide use
                    from roads, parking lots, land clearing                                                                            5 Stop erosion Spread straw on bare
                    onerat6ions and construction sites                  other activities which bare the earth, strips                  earth around landscaping or constTuc-
                            Thousands of acres of potential             away topsoil and adds sediment to inland and                   tion sites
                    shellfish beds along the coast are closed           coastal waters Parking lots, driveways and                    6 Always dispose of boat wastes prop-
                    to harvesting because of N4PS bacterial              roads add oil and other pollutants to storm                    erly Use shoreside pump-out and trash
                    pollution from land run-off, ma0Ifunc-              water run-off Malfunctioning septic systems                   collection stations instead of overboard
                    tioning septic systems and other                    and livestock yards may add nutrients and                      disposal
                    sources                                            bacteria to waters                                            7 If you are involved in construction,
                            Manv harbors along the 11,1aline          i          Water uses also add pollutants Engine                logging, or farming activities, contact the
                    coast, ciogg'ed with recreational boat              oils and gas from boats at a marina and nutri-                 Department of Environmental Protection
                                                                 ts     ents from fish farms add to coastal pollution                 NPS Program for free booklets on Best
                    each summer, have experienced poor
                    water uality from overboard dis-                                                                                  Management Practices, that reduce NPS
                    charges of sewage from boat toilets
 








              (3) Section 309 Enhancement Program -- Coastal staff
         reviewed draft guidelines and forwarded comments to OCRM. A
         detailed working outline was developed for the assessment
         reports, following the draft guidelines, and filled in with
         available information gathered on each assessment area.   A
         Notice and Coastal Priorities Survey (reproduced below) were
         mailed to about 400 coastal town officials, coastal newspapers?
         coast-related organizations and conservation groups to obtain
         public participation in establishing priorities between the nine
         assessment areas. Standing Committees of the Land & Water
         Resources Council (see page 14) will advise on priorities and
         review draft assessments and strategies.

              (4) New Section 306/309 Funding Application -- Coastal
         staff developed a draft budget and application for August 1, 1991
         to July 31, 1991 in coordination with participating agencies.
         OCRM comments and further guidance on the draft were being
         awaited as of the end of the reporting period.

              (5) CZ521 Time Extension and Reprogramming -- As indicated
         in the DECD's Quarterly Report we are now anticipating a need for
         a time extension and reprogramming for Maine's CZ521 Award, in
         connection with the municipal grant program and other matters. A
         request will be submitted shortly for OCRM approval.

              (6) Wells dredging, Sears Island, access improvements,
         aquaculture and other miscellaneous topics    See clippings and
         other material reproduced below.



























                                         19













                                                 STATE OF MAINE
                                     EXECUTIVE DEPARTMENT
       JOHN, R McKTRNIANI J@@               STATE PLANNING OFFICE                     RICHARD H. SILKIVIAN
              0 OVE R r,: c', R                                                            DIRECTOR







              ANNOUNCING AN OPPORTUNITY TO MAKE A DIFFERENCE ON'
              THE MAINE COAST


              By returning the enclosed survey, you can influence public management of
              Maine's resources.


              The Maine Coastal Program would like to hear your concerns and what, if
              any, changes you would like to see to state programs, regulations, policies,
              laws or other initiatives.


              This information will be used to draft assessment reports on priority
              issues. These reports will characterize the problems identified, outline
              goals, and recommend further action.'Please note on the survey form if
              you would like to receive copies of any assessment reports. The reports
              will be available for review by the end of the summer.




              Please return the survey by May 30 to: Maine Coastal Program, Maine
              State Planning Office, Station 38, 184 State Street, Augusta, ME 04333.

              For more information, call Jenny Ruffing at 289-3261, or write the Maine
              Coastal Program.



              This survey is part of an effort to enhance the management of Maine's coastal zone,
              pursuant to the Federal Coastal Zone Management Act as amended in 1990 (Sec. 309).
                                                                                           40,                  VIM



                                                           KA
         184 STATE STREET, STATE HOUSE STATION 38, AUGUSTA, 20 AINE 04333      TEL. (207)289-3261 FAX 5756






       Name/Organization:
       Address:                                                                                            -Phone:

                       By MAY 30th, please return to: J. Ruffing, Maine Coastal Program, State Planning Office
                                                     184 State Street Station 38, Augusta, I@E 04333


                                                                                                    ..........
                                                      am      . . ...... . .
                                                                               .....                ..... ...... .. ......... ............
                                                         . ......... ... .-... ............              .............. ...... .............                    .... ..
                                                        ............. . ....... ..... ... ......          . ........         .....
                                                                    . ..........                        .......                                                . .......
                                                                                                    ...........
                                                                                                    ........ ........ .-....
                                                                     ................ ......

                                                                                                               ..............
                                                ........                                                          . ........
                                                                                                    .. . .............
                                                                                                              .. ...................
                                                                         ..... ......

                                                                                                                                        .............
                                                                                                                                    ...........
                ........ . .
                                                                                                                                     ................:... .............
                                                                                                                                        ...............
                  .......... ..........-.....
             ... .. ........... .................. .
                                                                      ...........                                           X.4
                                                                        Fn
                                                              . . .. ... . .... .......                             x.... .
                                                                               ...........
                       .... .. .... .. . .....   ... . ..                                 .. ... ....  .....
                                                                                                                                                       "heck to
                                                                          Indicate your                                                                 receive
                                                                         level of concern                           Why?                            an assessmept
                                    Issues                               high med low               (Continue on reverse side if necessary)              repert
         Coastal Wetlands. Threats to wetland & estuarine natural
         habitats & functions from filling, development, pollution,
         & other human activities.


         Coastal Hazards. Threats to life & property from coastal
         storms, erosion & sea-level rise; enforcement of land use
         restrictions in hazardous areas.


         Public Access. The need for improved public access to the
         coast for recreation, harvesting of resources, & other
         purposes:

         Marine Debris. Threats to water quality, fisheries
         & wildlife from plastics & other litter in the marine
         environment,


         Cumulative Adverse Impacts of Growth. The need for
         State & local land use controls to minimize adverse
         envITOTUnental impacts of coastal growth & development.

         Special Management Areas. The need to designate
         certain areas for special management to protect unique or
         especially valuable features or resources.

         Ocean Use Management. The need to plan to ensure
         sustained availability of ocean resources & to minimize
         conflicts between different users.


         Location of Energy-related and Government Facilities.
         The need for better policies & procedures for siting federal
         government facilities (e.g. military facilities, post offices,
         weather stations) & energy-related facilities (e.g. radio-
         active waste storage sites, power stations, waste to energy
         trash incinerators, hydro-electric facilities) which are of
         greater than local significance.                                      I      I

         Fresh and Tidal Water Pollution. The need to reduce
         coastal water pollution from sewage treatment plants,
         industry, stormwater run-off, boating, agriculture, urban
         development, roads, timber harvesting & other sources.


         Other Issues. (Please describe-continue on reverse
         side if necessary)







                                                                                    21                                                                      May 1991







                                                                         Public Notice
         US AMY S                                                    Public Notice.                                          13 111:  May 6, 1991
         of Englneer                                                    Application No:                                         File No:
         New England Division
                                                                         In Repty Flefw To:
                                                                              Operations Directorate. Navization Division
                                                                                                                                                                                               COORDINATE CRlo

                                                                                                                                                                                                   1 -0 -- " -1-1-1
                                       MAINMYAWE nUMGMC OF THE 8 FODT ElTIRAMM CHAR4EL                                                                                                             1 5000 f  "   I"',  ""    I'  Tl'o
                                                  WELIS HARBOR FEDEM NAVIGATION PROLTECT                                                                                                                 b-- "-.I.
                                                                             WEI.LS, KkME


                                                                                                                        Army Corps of
                       Interested parties are hereby notified that the U.S.
                       Engineers, New England Division, plans to perform -work in the                                                                                                                                                                           RR
                       navigable waters of this Division under the provisions of Section 404                                                                                                                                                                                           G'3'
                       of the Clean Water Act of 1977 (P.L. 95-217) and to authorize such                                                                                                                    E
                       work in accordance with Regulation 33 CER 209.145. Attachment NO. 1
                                                                                                                                                                                                             5-      -E
                       lists pertinent laws, regulations, and directives.
                                                                                                                                                                                                                     ..........
                                                                                                                                                                                                                                                                                 0
                                        and 6=e of Work: The proposed Federal work Involves
                       =6Vt6Le dredging of the tS foot entrance dumel at the Wells
                       Harbor Federal navigation project. Maintenance dredging of about
                       15 000 cubic yards of clean sand will remove shoals from the 8-ft
                                                                                                                                                                                                   MA SSACIUSE I IS                           J't-vt. '.I
                       channel between the bend in the jetty and deep water in the Atlantic.                                                                                                                       ...... .
                       (Attachmert No. 2)
                       The work will be performed by the Government owned special purpose
                       dredge CURR11= contingent on availability of the dredge, all
                       reuired approvals, and funds. The dredge will remove the material                                                                                                          C                                                                                             "Y
                       from the bottom and dispose of it in a nearshore site off of Wells
                                                                                                                                                                                                                                                                                              3
                       Beach. The work will be performed. during a two week period in June                                                                                                                                      S
                       or July. Work is similar to that performed last year.
                                                                                                                                                                                                                                      LOCATION
                                                                                                                                                                                                                                                                                       6

                       Additional Information: Additional information may be                                                 obtained from
                       Ed O'Dormell, Navigation Branch, 424 Trapelo PoM, Waltham,
                                                                                                                                       MA
                       02254-9149; telephone number (617) 647-8375. Collect calls will be
                       accepted workdays between 9-00 a.m. and 3:00 p.m.
                                                                                                                                                                                                                                                                                       7
                                                                                                                                                                                                                                                     71 @r

                                                                                                                                                                                                                             FARSHORE DISPOSAL SITE



                                                                                                                                                                                                                                                                       t




                                                                                                                                                                                                                                                                                           7)
                                                                                                                                                                                                                                                                          7


                                                                                                                                                                                                                                                                                    7.
                                                                                                                                                                                                         0
 

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                                                                                                              Tell's stands a~l~qa~ne
                                                                                                              On ~qh~~l~qr~qbor ~qc~1~8qredg~q,                                                                                                                                                                      ~h~ ~~@~~@~~c~a~fi~a~l~l b~,
                                                                                                                                                                                                                                                                                                      ~,~,~a~,~, ~l~Igh~, ~a~l~v~a ~e~s~uh~t,~li~l~i~ld
                                                                                                                                                                                                                                                                                                      ~,~r~h~e ~"~'~u~'~l~3he
                                                                                                              It' ~I",~n                                                                                                                                                                                ~1~, ~o~fI~th~e ~o~i~l~,A
                                                                                                                                                                                                                                                                                                      ~a~g~o ~I~, a
                                                                                                                                                                                                                                                                                                      ~"~'~w~n ~I' that it,
                                                                                                              WELLS ~qY~qC~qC~.~T                                                                                                                                                                             ~q@~E~p While h "~i"P~li~c~k~In~i ~,to
                                                                                                              ~r~q/~,~q/~? I                                                                                                                                                                                 ~w king ~0C Said be~. ~q! tire ~th~e '~es ~h~ad ~, ~P~8q%
                                                                                                              itself ~T~h ~@                                                                                                                                                                             on ~th~e ~h ~6q% that ~th
                                                                                                              ~i~n~@ C~a~u~gh~l~cfull~, ~c~h~,~,                                                                                                                                                                   ~40r~
                                                                                                              he middle gain ~f~l~"~L~l~.~,                                                                                                                                                                  ~ack~el ~u~l ~,~.~1 in ~f~a~l~v~a~, ~0tell a Size Of the
                                                                                                              I "~I~c~i~l~"'I                                                                                                                                                                              ~ad~t~n~I~I~(~o~.~qd ~U~l~'~O~n~. So at the ~c~e to
                                                                                                              ~e~o~l~n~;~)~o                                                                                                                                                                                 ~r~i~n~ed~g~e ~q@~n~h accord ~O~.Army C
                                                                                                              ~)~'~I~I~V~L~' harbor ~-~, Over ~th~e d~r~ed,                                                                                                                                                        I" ~l~e~c~l~o~l~en Ed Don,,,, ~OrPS Protect
                                                                                                              h~a~J. ~f~i~t~'                                                                                                                                                                               ~'~S~o~l ~th~e ~1~1~1 111;, last ~M~q; Of dealc
                                                                                                              ~'~m~J~'. ~:~1                                                                                                                                                                                the ~off~, ~2p~p~p~p~p~1p~p~p~~Y ~1~10~1 be ),tiler ~'~a~t rule Orp, ~.-said Wed c- ~E~"
                                                                                                              ~M~II, ~(~"~'~) bill~, ~j~;~l~@~f ~@~c~,~,~L                                                                                                                                                             so ~"~1~4~1 ~j~/~)~p~j ~p~s ~I~f ~E ~.easy Over an
                                                                                                              I ~u~1~1~I~C~"~l~, ~)                                                                                                                                                                            ~qh~.~.~c In~, ~h~"~9~1 ~l~e~, a ~s~4~n~d~b ~1~1~-~1da~y. ~i~l~l
                                                                                                              ~)~,~l~d h                                                                                                                                                                                  -It ~d~o~, can, Of ~1~1~9~,n~e~er~,~. ~, and file Or I ~I~l~l, the $tat Wit' the Sit dow,
                                                                                                              ~.~1~p~p~"~"~                                                                                                                                                                                 .'a Ill- d talk ~O~?~Jd be willing ~1~0 ~8~11
   1                                                                                                                                                                                                                                                                                                  ~8
                                                                                                              ~:~1~1 for ~th~e~d~o~p~c~d ~'~@~'~)u ~dresult ~i~n                                                                                                                                                       "'It ~;~l d~c~;~, , n~W~,~lh the D~E 'he Projecta~wn "~0 g~r~.~,
                                                                                                              ~l~cd~g~i~n~p
                                                                                                              TheI                                                                                                                                                                                    In Part. ~i~nc~'~e~. ~D~EP b~.h~e
                                                                                                              I                                                                                                                                                                                       ~" 'A, ~a~l~l~(~]~h~P~' Stan ~' Would hav ~- of suggested
                                                                                                              Position fie, ~1~.~1                                                                                                                                                                       dc r~e~, ~(h~e ~o~r~k ~D~E~P ~a~r~l~h~e~r cc ~a' ~th~e d~c ~1~0 often ~I~,~,
                                                                                                              g~e~!~l~in~g ~I~l~l~01 file                                                                                                                                                                      ~r~e~d~y~" ~I~I~I~,~, ~COnly ad, ~f~l~a~rr~m~l~, ~C~or~n~mis~s~i h~e, ~fr~edg~,~. "I of
                                                                                                                                                                                                                                                                                                      ~MOffer ~l~u~l~t~r~u~l if On 'I kno~@~
                                                                                                              ~b~, r~ed~e~ed                                                                                                                                                                               on ~;~1~,~1~, r~c~(~l~g~c Me"~h~-IC~e~"~l~li~t~i~l would is
                                                                                                                                                                                                                                                                                                      ~"~W~,~C~0 -,Do~y~i~v i I I ~-but
                                                                                                                                                                                                                                                                                                      Dean
                                                                                                              The b                                                                                                                                                                                   Inc &I ~8~,Y ~l~if~t~ic ~'~h~e A~n~n~e~l~l.Ing In 1. we r~qF
                                                                                                              ~c ,~a~r~t ~'g ~b~"~'~i~"~"~Id~s ~'~)~"~n                                                                                                                                                                ~I~n I ~th~e d~orp, II` Of ~l~b~e h~a~l~)~p~v (Ind" ~v ~I~l~i
                                                                                                              dif at all                                                                                                                                                                              n~o~t ~a~n ad
                                                                                                              ~"~n~'~)~"~,                                                                                                                                                                                  )~E~P
                                                                                                              ~S~C~                                                                                                                                                                                     ~c~'~e ~(~6~c ~dr~od that Corp., said
                                                                                                              ~e~p ~l~o~s~c~o~Iills ~,                                                                                                                                                                        a1~9n~v~o~c~a~f~t h~e D~E~l~r~I ~C hinted r~n~l~,~, b~e )Ste,
                                                                                                              ~l~e~j~, c~(~o~l~l ~a~t                                                                                                                                                                           filing For~0~4~A~, ~C~ql~i~cof all move
                                                                                                              ~l~er, I ~,                                                                                                                                                                               not ~I ~p
                                                                                                              ~1~IL~-~1                                                                                                                                                                                   A~J,~c~k~,~1 ~th~e~i~l~l ~t~orfron, ~- `~n~1~Y not b~,~' ~h~P~'~c~v~c~l Would ~h
                                                                                                                                                                                                                                                                                                      ~I~n~e, av~e In ~a~r ~I~f~i~e-~7
                                                                                                              ~"~g~@ ~a~n'I ~7~1,~u ~1~I~l~l~cr~@                                                                                                                                                                   S~c~l~,~c~l said~0~4~th~e dred ~"` current get ~S~O~,~, ~ e ~C~r~6~,~r~ps
                                                                                                              R~e~")~@~.                                                                                                                                                                                  d~a~n~. Willing ~t~o f~r~o~n~? ~th~e
                                                                                                              ~s~e~n ~r~Q~e~, ~C~O~q"~,                                                                                                                                                                           Ili, ~g~o. Position
                                                                                                                                                                                                                                                                                                      ~e~c~l~n~c,~d~@~, ~I~I~I ~"~I~"~r~l ~r~o~l May have that ~th~e ~r~, on Would b~e l~i~e that , ~l~l~c,~@ Indication
                                                                                                              ~c~"~n~i~n~i~'~l~i~c~, a, ~T~"~L~*~1~)~1~1~,~b ~1~1 fee                                                                                                                                                        ~I~l~"~L ~'~h~e h~i~f~1h~,~, ~'~@ Said ~'~*~Th~e ~b. ~10 ~c~o rs; ~r~l~o~%c
                                                                                                              a r~e,u~l~q; ~"d                                                                                                                                                                             ~I~n~c~e ~l~h~, ~n~e~" ~Id b~e ~1~0 ~i~g~g~e~s~t ~b~a Me fro ~s~u~b"~fi~l~t~ed accepted ~h~e~r a~l'P~t~ic~a~ii~O~.~,
                                                                                                              ~" ~q"~,~@ ~IOf ~th~e                                                                                                                                                                           ~I~'~v~o~, In the ~Cthe ~CR~e~r,~,~,i
                                                                                                              to ~s~o~, ~O~f ~'h~e ~)a~t ~I~n,~, r~e~j~ec~I~l~o,                                                                                                                                                        ~o~l~? NJ.7~'~c ~"c~t~m~er~t ~g~e~t the ~crr,~er ~f~o~r ~i~l~l, ~O~rp~s~~Was~0~1~1
                                                                                                                                                                                                                                                                                                      ~I~l~l~en~d~,~3~t~h~e Project ~o~r~p~' ~10 Of ~t~0~l~,~h ~I, ate
                                                                                                              Pr~c~,~,~L~i~.~,~,                                                                                                                                                                              ~n~-~, an, ~c~l.~,~c ~I~n~a~k~'~A ~s~. C~c~Id~e wiled~, 'ejected b ai
                                                                                                              "'lent ~c~"~:6~0~1~1~"~i~"~? ~@                                                                                                                                                                    ~2p~p~ ~,~rp' 'as' ~i~t
                                                                                                              h~, ~i~f ~E~@                                                                                                                                                                                ~'~u ~n~l~.~,~q; Marriott~w~er ~Y I~*~h~i~c~;,
                                                                                                              ~ch rc~c~o~n~r~l~)~e, ~n~%~"~r~un~l ~"` (~b~e D~,                                                                                                                                                         ~(~b Make~' ~c~@~Je~ns~e~ ~- ~-~I~i~i-o~r~m~, ~a~'
                                                                                                                                                                                                                                                                                                      ~I~nL~e that a~S~w~e ~4~- think ~C~tak ~Cn~I on n~i~b~c~, ~n,~a! Prate r~,~f
                                                                                                                                                                                                                                                                                                      ~Chate ~wa~s Ing th~e to use I O'Donnell ~S~S~n
                                                                                                              d~ee a airs ~th~e ~a~r~r~o~l~o~c~i~l~on~,                                                                                                                                                             ~l~v~l~,rkc~j ~Co~I~l~lpr~,~.~I~)~l ~4 ~SoOd ~$~h~e Say ~th~e ~r~a,~,n
                                                                                                              edge                                                                                                                                                                                    that ~If 'bout'', ~P~O~I~C~3~ ~, ~S~o a b~e ~or so
                                                                                                              ~I~c ~"~", ~h                                                                                                                                                                                * ~L~O~U~cedge ~.~. wrong approach~n~I~ng through Ill ~O~v~,~
                                                                                                              ~r~l~u~" L`,~I,                                                                                                                                                                              ~'~O~@~n got ~,~S~,~e~,d~f~r~u~f~f~s Would ~A~4~3 hope W~,~f~), ;I r~t~,
                                                                                                              ~ih~c ~a~,~l~h ~e~@~ ~6~.                                                                                                                                                                         I'll, ~1~7~", He added Would ~n~o~t ~9~0 into ~S IS that ~i~n, With
                                                                                                                                                                                                                                                                                                      P~o~s~i~t~i~" Ing rely So ~o~tn~e~lhin~SIOther I"h slue~,
                                                                                                              ~s~o u                                                                                                                                                                                    h~a~l town " make~-~l~j~'~r~i~n
                                                                                                              ~I                                                                                                                                                                                       ~e~P~, ~-and added "~n~u~ch on d~r~ed~.- the
                                                                                                              aor~a~N I~,d'A'~~M lee ~"~4~~,                                                                                                                                                                 ~-~q@, ~~a~nd ~th~e dredging Would find ~-h~e ~f~,~,~,~, ~9to r
                                                                                                              S~h~e ~"~' ""I ~-~, ~I~q;~,                                                                                                                                                                       f~r ~)r~b
                                                                                                              ~l~ec~k1~0T~i~l~c~o~n,~@                                                                                                                                                                          L~' ~~, that ~h~e
                                                                                                              a ~I~U~I~I~I~P~,~) ~o~l~l~"~"~.                                                                                                                                                                       ~e~. I h~th~e cited ~' ~'~Is~c~l~r~O~l~a~,~, Move.
                                                                                                                                                                                                                                                                                                      ~. ~(~)~.~I~l~l Only Costs of ~add., ~d, ge. ~l~V~e~l~l~, In Push
                                                                                                              ~h d~.~)~i~f~; the                                                                                                                                                                            L~l,Alluding ~1~. If ~l~i~e
                                                                                                                                                                                                                                                                                                      ~d~u~t'~d ~i~l~l More... Is also ~f~ ~- Ing fo-
                                                                                                              ~a~t~,                                                                                                                                                                                     at hL al ~t~h
                                                                                                              d                                                                                                                                                                                       ~c~o~u~l~" ~C~o~n~l~i~n~to ~C ~tw~o Sid acing long
                                                                                                              ~-~-n~u~l~l~In~dc hall                                                                                                                                                                         ~I~, ~4~f~qt~"'~1~1~1 ~IL~I ~' hoped Conlin ~t~o ~l~a
                                                                                                                                                                                                                                                                                                      "~'~, ~M) ~.~, ~'~n~. ~(~1~) ~-r~i~(~,~,~, ties ~10 fit! of ~t~h~i~l~l h~eIfor ~)~)~,~.~s~o ~e~s can
                                                                                                                                                                                                                                                                                                      ~t~e~.b~go~l~i~'~l~e ~i~d. ~-~.~1 up ~U~-~I~t~h ~a~r~bo~, O~n~e an ~'~d ~O~rJ~,o
                                                                                                                                                                                                                                                                                                      I~I~, ~b, ~" ~Io~-~n . ~cin s~a like, Fo~i~c~,~"
                                                                                                                                                                                                                                                                                                      a~e~1.~6 ~1~.~'~. have trying (a ~1~,~1~1 a think- sand ~1~,~r~a ~r~. ~o~cs~"~'~I
                                                                                                                                                                                                                                                                                                      ~1~1 down the ~c~o~o~l~p ~5 so~i~n~e~qf~l~o~l~h~e~r nature,, he
                                                                                                                                                                                                                                                                                                      "~Or~n~i~s~, ~@~i~n CitingI~1~6~C ~I~l~n~p~a~c~r ~a~,
                                                                                                                                                                                                                                                                                                      fthe
                                                                                                                                                                                                                                                                                                      ~qh
                                                                                                                                                                                                                                                                                                      th~.~, or'. ~sa~l~i~l~q"~n "ere 1~. 1
                                                                                                                                                                                                                                                                                                      ~f~h~a he ~c~z
                                                                                                                                                                                                                                                                                                      Oafish ~'~6~0 'We ~c~a~n 1 ~1~1- ~i~n~,
                                                                                                                                                                                                                                                                                                      fill ~I~, will, Sand. j~i,~j~s~l ~t~o~:
              ~~~~ ~Lngla~t~id Coastal Campaign                                                                                                                                                                                                                                                          Winter 1991 ha~l

                                                                                                              Terrible 10 Update

                       ~~~~~ ~~~~~"~l~l ~'~!~,~;~t ~C~h~l ~, It ~n~u~m~e~d ~I~,~, a.::,                                           ~: ~:~, \~, ~@~, E~,~,~p~~a~,~;~~i L~o~w~:~u~.~' ~C~a~mp~ai~g~,~:a ~T~e~tr~i~b~l~, Teti list. Die, Terrible Teti Project seeks it.
   -          e~ ~u~              ~l~q~l~!i~@~nc, ~,~:~d~; ~~m~i~n~,~n-~1~,~,~;~~Z~:~,~@- ~,~,~I                                        ~i~t~a~tc~a~n~df~edcra~l~l~e~v~e~l~, ~I~l~i the h~e~lic~f Ill at fi~t~i~l~l ~u~np~le~mc~m ~l~a~tio~n of ~e~r~l~s~f~in~@                                                                                                         EDITORIALS
                                                                                                              ~6 ~c~l~l~m~~w~i,                                                                                                                                                                              Projects are ~n~an~ic~a~f~t~e~l the Ter-
              ~~~~~ Ten b~.~~d~o, ~u~n~t~in~i~her~o~qf~qf~i~c~t~o~r~l a~n~d~a~'~,                                                                                                                                                                                                                                            of~q~@~c~@~po~i~;se~i~ii-i~ron~t~y~ien~talco~t~id~i~ictorpr~oposals.Aco~n~i-
   ~          ~~~~~ 'real) and ~n~c~@ ~"~I~s~a~"~g~o~"~t~h~, ~T~c~@i~.~'~,~l, 7~,,~@~,~1~,, ~l~Q~Q~!~,v~i~l~I.f~o~,~h-in file lieu ~t~tsu~e. ~Upd~a~ies~,~n~; Two ~T~ernble Teti targets folio%                                                                                                                                                      In nature's way
   -A         ~~ I~~ -E~~~,                                                                                                                                                                                                                                                                           ~2qY~4qC~qC ~qr~,~q(~, ~q/~q@ 1 ~.~q11
               AES Defeated hv Bucksport                                                                      has all ~th~,~@ best existing technology for                                                                                                                                               ~qN~8qW~qI~qls Harbor Dredging Let's stop this right now. The Wells Harbor project has
                                                                                                              ~f~lu~ti~on control the vote in Buc~k~spo~n                                                                                                                                                    become a political football, tossed between the Department
                                       ~qRo~a~rd                                                                  ~1~1'~qe~,ul~d seem to demonstrate that the                                                                                                                                                   Defeated of Environmental Protection and the Army Corps of
                       S.T.O.~. organizer elected ~i~t~)                                                         p~t:~,~q~)~L do ~n~ol want ~th~e pl~a~i~l~t.)                                                                                                                                                        In late November the Maine Board Engineers.
                                 Town ~C~ou                                                                     ~o~cil The firm pr~opo~ses to burn 1,500                                                                                                                                                   of Environmental Protect ion issued aA glimmer of hope was dashed a year ago when the
                       ~Env~ron~m~e~n~i,~il~k~s~i~, ~s~co~t~@d~a~b~w                                                          ~(~o~r-~)~f ~c~n~:~il ~p~e~r d~a~.~N. shipped ~h~v b~ar~e~t.,
                                                                                                              ~-~f~r~o~u~l ~w~c~a~c~r~n P~enn~syl~v~a~Di~a~, to produce                                                                                                                                                  una~mm~o~u~s decision to den), the Arm Army Corps insisted that a DEP approved dredging. while
              v~~~~~~.~2p~p~~i~h~v B~o~1p~p~                                                                      ~J, ~!~A~0 M~c~g~a~'~a~lt~s of electricity. ~I~t seeks                                                                                                                                               Corps application to dredge 200,~0DO doable, was economically unfeasible and imprac~tica~l~l. The
              0~~~~~q&~ when ~L~h~c B~u~c~k~s~p~o~r~l-~N~i~ai~n"                                                                                                                                                                                                                                                       cubic yards of sand and sill from the town once again was caught in the middle.
              Planning Board Noted ~I~l~i d~er~i~N ~I                                                                ~1~;~.~(~c pcrr~r~u~@~s~aon to annually ~e~rni~t 2,~4~0~o                                                                                                                                               W~cbhann~e~t Ri~%cr'~s estuary at Wells
                                                                                                              ~o~n,~iru~. dioxide and 140 tons of                                                                                                                                                         Harbor. The Friends of th~e Rachel The Corps argument, although based on financial and
              ~~~~~~and 70~ni~n~g ~I~X~'~TMi~l ~I~,~, ~c                                                                  tons of sulfur
              co~l~fir~d cogeneration plan on'~th~c                                                             v~el~a~ti~l~e or~g~ani~i~c~ompound~s~; by means                                                                                                                                                     Carson National Wildlife Refuge led practical considerations that the harbor would only have to
              Penobscot Rivet~                                                                                of a 415 fo~.~o~f stack. Plans call for a                                                                                                                                                  the fight in opposition to the dredging be dredged again soon, raises the issue which the DEP then
                       After five month., of public hear.                                                     cogeneration arrangement to sell steam                                                                                                                                                  in order to prevent the predicted throws in the town's end zone. The question becomes
              in~~~ voluminous l~e~s~t~imo~m and                                                                   ~Sc~orc~, ~I~l~i neighboring Champion ~Int~erna~tion-                                                                                                                                            erosion of adjacent mar~sh~U~nd. Other twofold. Can a harbor that needs constant dredging be
              of newspaper articles and                                                                       ~.an advert~~al Inc. for its paper making process.                                                                                                                                        FRIENDS concerns included loss or environmentally sound? Can the town convince the Corps
              ing campaign, ~t~h~e seven member pl~q'~qs                                                             Five of the seven planning board mcm-                                                                                                                                                   marine resources and wildlife habitat, that it is a sensible project while econ~ion~i~f~i~ca~l~]y impractical?
                                                                                                              a~t~'~! hers are employees and stockholders
              ~ing board considered all t~h~e evidence                                                          of Champion, including the sole d~i~s~-                                                                                                                                                    as well as the increased impact of boat
              and voted down the project 6-1. ~qn~o                                                                                                                                                                                                                                                      i~n~gac~tivi~des on ~t~h~emarsh/m~arine At recent legislative committee hearings on changing
              ~~~ England Coastal Campaign                                                                    sorter.                                                                                                                                                                                 ecosystem following dredging. laws which would allow the harbor dredging over the
              named th~ Applied Energy Services                                                               In related developments S~TO~Y                                                                                                                                                            For two years the FRIENDS re- objections of environmental concerns, committee members
              (AES) proposal as its ninth target in                                                           ~org~aniz~c~r Don While was elected to the                                                                                                                                                  quested a federally funded~, inde- did listen more carefully when the talk came to the
              the ~nrribl~ Ten project in June, 199~0~.                                                          Buckspor~t Town Council with ~t~h~e                                                                                                                                                         pendent environmental impact economic hardship of fishermen.
                       State ~~~pay~ers Opposed to Poll u-                                                     highest number of votes in the ~Nov~em-                                                                                                                                                   statement to objectively eva~Jua~r~e t~he But in the end the town's argument was not strong
              ~~o~ (S.TO~P.) leads the battle to dc~f                                                          ~.cat ~b~er~e~l~ec~lion~. In January, 1991 two                                                                                                                                                  planned project and the alternatives. enough. ~T~h~e committee said no, clearly on the side of
              ~b~ AES proposal because of its ~n~e~g~a-                                                           large ad, ocacy groups, the Cons~erva-                                                                                                                                                   Several BE~F members agreed an EIS environmental concerns.
              tiv~ impacts on air quality, destruction                                                        ~ti~'~m Law Foundation and th~e Natural                                                                                                                                                     isn~e~ed~ed.
              of wetlands and ~qth~qe need to conserve                                                            Resources Council of Maine added                                                                                                                                                        Instead~q, Wells officials now seek to At least one person suggested the town should look
              energy first before turning to burning                                                          their arguments to the over twenty                                                                                                                                                      weaken the state's Natural Resources elsewhere for its fishermen to moor their boats, an idea not
              more     ~.fossil fuels.                                                                         other groups in opposition to ~qth~qe                                                                                                                                                       Protection Act so harbors previously without merit, but which would take time, but no less
                       AES has decided to continue the                                                        project during an EPA'scoping session                                                                                                                                                   dredged by the Army Corps ran avoid energy than the effort so far on th~qi~4qi dredging.
              fight to build the plant and is currently                                                       rc~qv~qardin~qg dcv~q'~qlo~qpmcn~qi of the ~qenvi~qron-                                                                                                                                                   ~qw~qfis~qf~qing state review. Wells officials So where to now?
   ~2p~      pursuing state and federal permits                                                              mental impact statement for ~qth~qe AES                                                                                                                                                     also seek to have the Maine legislature
              before it comes back to the Pla~qn~qnin                                                             proposal. They urged the EPA ~qto c~qx-                                                                                                                                                     disregard the BEP~q's decision by ~qapp~qi~qr ~q"~6qM~qe~qlls~q!sh~qou~qld,~qco~qnvince~q. the A~0qi~qmy ~2q!~q:~0q;~6q@~,~qrps to dredge to
                                                                                                              ~q9plore efficiency measures and power                                                                                                                                                    ing ~qt~qhe dredging through a planned ~qOv' ~8qm~q4ke the-harbor'
              Board wit ban appeal of i~qt s decision.                                                                                                                                                                                                                                                  ~12qO~ql~ql~qe~q'f~8q@r ~qf~qis~ql~ql~6q@ hich w~q'a~q"s
                                                                                                                                                                                                                                                                                                      to th~2qi~q@~q,~8qb~6qE~6qP and at rmen~q,~q,~qs~qi.~qp~qto~qject w
              The decision to pursue ~qth~qe process                                                              plants that create fewer pollutants as                                                                                                                                                  second bill. least swallowable to
              came despite the comments of on~qe                                                                alternatives.                                                                                                                                                                           The FRIENDS are concerned environmentalists.
   ~~4         prominent Director of A~qE~qS, Russell                                                                                                                                                                                                                                                      about this attempt by a special interest ~qT~0qhen it needs to rethink how it uses its sho~qre~qla~qnd. Is it
              Train. who stated in a ~qIc~qt~q(~qer to N.E.C.C.                                                                                                                                                                                                                                               to weaken and disregard Maine's ~qen- Possible that economic hardship could be avoided by taking
              Iasi August "It may well ~qb~qe that the
                                                                                                                                                                                                                                                                                                      ~n~s
                                                                                                                                                                                                                                                                                                      ~P~P
                                                                                                                                                                                                                                                                                                      he
                                                                                                                                                                                                                                                                                                      ~o~f ~0
                                                                                                                                                                                                                                                                                                      ~a~id
                                                                                                                                                                                                                                                                                                      a











































                                                                                                                                                                                                                                                                                                      viron~qtr~qien~qlal laws. T~qo express your a regional approach to solving the fishermen's plight? Does
              people of Maine will no~qtwan~qt a power                                                                                                                                                                                                                                                    opinion on this matter contact: commercial benefit end at a town line?
                                       ~q-rip~q(ion, no matter Ill
              plant of a~ny dc~qsc                                                                                                                                                                                                                                                                       Honorable Governor John M~qcK~qer~qn~qam,
              what environmental standards designed                                                                                                                                                                                                                                                   State House-Station I, Augusta, Maine, Is it unreasonable to think that 3 town which is home to
   ~          and operated~, situated ~qon ~qth~qe Maine                                                                                                                                                                                                                                                     04333. For further information contact ~,the Rachel Carson National Wildlife Refuge, Laudholm
              coast. If that proves it) ~qh~qe the case, o~qi~ql~-                                                                                                                                                                                                                                             FRIENDS president Glenn Evans at Farm and the Wells National Estuarine Research Reserve,
              ,io-~qk AES will ~qahidc by ~qth~qe decision.'                                                                                                                                                                                                                                                  P.O. Box 42~q7, Ocean Park, Maine could also preserve and nurture a process by which the
              ~(~(~;~i~,cn~th~a~(AE.~q'~q,~qd~qaim~q@~qih,~qt ~qi~ql~ql~qe~qp~qlan~qt                                                                                                                                                                                                                                                     04063. Ocean meets the coast in a natural evolutionary process?
   ~                                                                                                                                                                                                                                                                                                  23
 













                                                                                                                                                                                                   ()n Pe  'kins Cove @e*rc Tvad@ 1@
                                                                                                                                                                                                 an plans and specs -d
                                                                                                                                         Cove               dredge                               dz'i' we A be ready to start conmi-ti,
                                                                                                                                                                                                   .   David Goodrich    of ""    Corp,
                                                                                                                                                                                                 programs division said          Frida%
                                                                                                                                         not necessaray                                          lGioonod'rich said, however. that s     "'"
                                                                                                                                                                                                 veying work to prepare I(ir the
                                                                                                                                                                                                 dredge a, well ., the bidding pr-t@c,,
                                                                                                                                         immediately                                             to select a contractor will push the
                                                                                                                                                                                                       lianic [,it the project into th,
                                                                                                                                                                                                 1112       year. which begins Oct.
                                                                                                                                         forthcoming                                             I Richi no%. in the '92 budget,
                                                                                                                                                         By Joe Dynan                            there -are no funds for starting
                                                                                                                                                                                                 I construct ion 1. - he said. Goodrich
                                                                                                                                                                                                 estimated (hat the Corps would be
                                                                                                                                           OGUNQUIT             Congressional     pressure       just about read% to start construction
                                                                                                                                         has forced the Army Corps of Engineers to               bN Oct. 1. 199i.
                                                                                                                                         proceed with the dredging of Petkins Cove,              "
                                                                                                                                         but a Corps staffer Laid this week that                 The Corps had halted work on the
                                                                                                                                         Congress will have to step in once again                projects earlier this year because
                                                                                                                                         before the project can be completed.                    President George Bush's proposer
                                                                                                                                           Last week, Maine Sens. William Cohen                  budget for 1992 recommended tr@t
                                                                                                                                         Lnd George Mitchell announced that the                  funding be discontinued
                                                                                                                                         gM was resuming work on nearly 200                      Goodrich. however.        said ftirther
                                                                                                                                         federally authorized projects, including six            congressional action on  the dredge is
                                                                                                                                         in Maine. The Corps' scition was in re-                 expected. -If I were a   betting man,
                                                                                                                                         spitanse to a non-binding resolution passed             odds are that there will be probably
                                                                                                                                         by the Senate March 19.                                 be some revisions to the '92 bud-
                                                                                                                                                                                                 get." he said. -All indications are                                         nib
                                                                                                                                                                                                 that Congress is going to do some-
                                                                                                                                                                                                 thing. "        -
                                                                                                                                                                                                 Ogunquit town manager James
                                                                                                                                                                                                 McMahon said Tuesday he was un-
                                                                                                                                                                                                 der the impression from Cohen and
                                                                                                                                                                                                 Mitchell's announcement that all
                                                                                                                                                                                                 funding had been restored, and was
                                                                                                                                                                                                 hoping that the dredging could begin
                                               ---Editorial                                                                                                                                      next Januarv or Februar%.
                                                                                                                                                                                                   It doesn't really      change an)-
                                                                                                                                   Ails ,.I                                                      thing.- McMahon s id     Tuesday . but
                                                                            Sears                  Island                                                                                        added, ''I'm curaious to know
                                                                                                                                                                                                 whether the senators are going to
                                                    U.S. District Judge D. Brock Horrhy                starts on construction, court tests and                                                   fund these programs next year."
                                                    last week removed the final legal barrier          controversy over Sears Island, but 10                                                     Both Kathr)n Gesi. spokesman for
                                                    to completion of the Sears Island cargo            years after the initial bond issue, and de-                                               Sen. Cohen and Kristen Amerling.
                                                    port.                                              spite relentless pressure from a well-fi-                                                 spokesman for Sen. Mitchell said
                                                    It has been almost a decade since the              ranced       and      litigious      national                                             this week that the senators would
                                                    Sierra Club began its deliberate obstruc-          organizaLion, the state can point to                                                      continue to support the project.
                                                    ti on of this project, but public interest in      progress:                                                                                 The Congressional resolution also
                                                    the container port has not wavered. In 10             *The access causeway connecting the                                                    mentioned a beach nourishment
                                                    years, the project has become even more            island to the mainland is finished.                                                       program on Drakes Island Beach it,
                                                    vital to the regional economy as the glob-            eThe road from the causewav to the                                                     Wells. but William Hubbard of the
                                                                                                                                                                                                 Corp., said that project is contingent
                                                    al marketplace has touched New Eng-                shipping and warehouse area has            been
                                                    land, and Maine.                                   completed.                                                                                upon the dredging of Wells Harbor.
                                                    Judge Hornby's opinion, confirming the                *The terminal site is cleared and pre-                                                 which the state has refused to allow.
                                                    appropriateness of a U.S. Coast Guard              liminary grading of the warehousing and                                                   Hubbard also said Drakes Island
                                                    decision not to require congressional ap-          trucking area is finished.                                                                Beach may receive sand from an
                                                    proval for con                                                                 e Dredging in the                                             environmental restoration project
                                                    struction of                                                                                                                                 that the Corps has scheduled for
                                                                                                                                   port area is com-
                                                    causeway to Sears                                                              leted and replace-                                            fiscal 1992. That project. which
                                                                                                                                   P
                                                    Island (indicated                                                              ment clam habitat                                             Hubbard said is only proposed in the
                                                    by an arrow in the                                                             has been built.                                               '92 budget, calls for the Corps to
                                                    'accompanying pho-                                                                                                                           restore up to 10 acres of land at the
                                                                                                                                   a The       short
                                                    .to), provides new                                                                       connect-                                            end of Lower Landing Road to salt
                                                                                                                                   causeway
                                                                                                                                                                                                 marsh.
                                                    momentum to the                                                          7@j   ing the primary                                                     am
                                                    project, which has                                                             storage area on the                                           The        had been filled in when
                                                    proceeded         in                                                           island to the pier is                                         the Corps originally dredged Wells
                                                    herky-jerky fash-                                                              in place.                                                     Harbor in 1967. Hubbard said there
                                                    ion because.of the                                                             What remains to                                               was "potential that the Corps would
                                                    national :)Sie  .rra                                                           be done? Construc-                                            be there next year to look at that."*,
                                                    Club's peisisterit                                                             tion of the pier it-                                          Drakes Island residents have sent
                                                    legal challenges, ..                                                           self, final grading,                                          petitions to both the Army Corps
                                                    Sears Wand is a                                                                and connecting                                                and the state's Department of En-
                                                    textbook example of how the procedural             utilities and the rail      line to the terminal                                          vironmental Protection for the m-
                                                    safeguards built into environmental regu-          site. Work, however, will be delayed until                                                Placement of sand lost to erosion at
                                                    lation offer even a lone special-interest          the state submits yet another pile of en.                                                 the northirn end of Drakes Island
                                                                                                                                                                                                 Beach.
                                                    group the opportunity to frustrate, and            vironmental documents to federal review                                                   "We could put that sand on the
                                                    possibly scuttle any project, even one             agencies. That's been the history of Sears                                                beach if that's what people want.-
                                                    such as Sears Island, which twice re-              Island.
                                                    ceived the overwhelming support of                    The recent move to Portland by Hapag-                                                  Hubbard said. but added that a final
                                                    Maine voters and, interestingly, has not           Lloyd, a container-ship company with                                                      decision hadn't been made.
                                                    been attacked by any of Maine's aggres-            trutjor facilities in Halifax specializing in
                                                    sive and outspoken environmental                   shipments to Europe, is concrete evi-
                                                    organizations.                                     dence of the shipping potential of a mod.
                                                    Discussion of the project began in 1972.           ern container port midway along Maine's
                                                    A study released in 1978 confirmed the             coast connecting this state to Canada and
                                                    feasibility of locating a container port at        world markets.
                                                    Sears Island. On Nov. 7,1981, the voters of           To be competitive in this marketplace,
                                                    this state approved a bond issue of $10            Maine-made and Maine-produced goods
                                                    million for design and initial  construction       need an inexpensive means of bulk ship
                                                    work on the facility.                              ment. The sea offers that potential. Sears
                                                                                                       Island, along with Portland in the south
                                                    In spite of the Sierra Club's first legal          andEastport in thenorth, arethedoors to
                                                    challenge of the project in 1982, the elec-        opportunity.
                                                    torate went back to the polls the next                The passing of time has confirmed
                                                    year, 1993, and decisively approved ad-            Sears Island's critical importance to the
                                                    ditional funding for the Sears Wand                ecionomic.life of this region. Maine has
                                                    development.                                       waited 20 years for this port. It will have
                                                    The 1960s have been a series of aborted            to wait longer. It will be worth it.





                                                                                                                                               24





































                                                                                                                    40








                                                THE WETLANDS alone the Fore  River in Port-     area to  accommodate     a  replacement    for  the
                                                land :re i the foc us 0fl debdateo over whether bridge (background) linking Portland and South
                                                bridg bu Ider will be a owe  fill part of the   Portland. (AP Photo)    13 -0 @ -21,11 /? I
                                                Preservation vs. development
                                                Portland bridge, wetlands latest battle ground
                                                PORTLAND (AP) - In a state with an esti-
                                                mated 5 million acres of wetlands, more than       "When ... 3 acres of wet-
                                                th 05e01 the other five New England states com-
                                                bined a classic environmental battle is brewing lands are going to take prece-
                                                over ihe rate of 3.4 acres of salt marshes and  dence over the economic
                                                mud flats.
                                                At issue is whether bridge builders will be     well-being of an entire com-
                                                allow ed ,a fill a stretch of coastal wetlands
                                                along the Fore River to accommodate a re-       munity, I think things are
                                                pla cement for one of the state's most chronical- out of balance."
                                                iv congested orIdges, a 75-year-old span linking
                                                15 ortland and South Portland.                                                  - Christopher Hall
                                                With Manne's economy on the skids, business            for Maine Chamber of Commerce & Industry
                                                groups say they sense an emergiIng backlash
                                                agains t what thev contend is overzealous regu- of an entire community, I think things are out of
                                                lation that threaIens to block job-producing    balance."
                                                public works projects and private ventures,        Hall saidsuch imbalance becomes more criti-
                                                South Portland residents and city officials     cal during tough economic times when busi-
                                                determined to avoid destruction of one of the   nesses can no longer afford to absorb the higher
                                                community's oldest neighborhoods are pitted     costs of meeting environmental goals.
                                                against federal and state environmental offi-      Business groups complain that the presence
                                                cials equally steadfast in opposition to the loss of wetlands is often used to block or delay proj-
                                                of prime coastal wetlands.                      ects without regard for their economic impact.
                                                Environmental groups, business and public          "If the area has a few. characteristics of a
                                                officials are awaiting the outcome of the contro- wetland but is not a high-value habitat area, we
                                                versy, which has crystalized debate about       would bend toward using the land - with miti-
                                                whether state and federaIregulators have        gation --m if Lhe project were economically sig-
                                                struck a proper balance between wetlands pres-  nificant," said DeLrdre O'Callaghan, legal
                                                ervation and development.                       counsel for the Environmental and Economic
                                                Questions about Wetlands preservation have      Council of Maine.
                                                surf
                                                faced on other major projects in recent            Under pressure to maint#in protection stan-
                                                months,including the proposed widening of a     dards, environmental officials say the best way
                                                30-mile section of the Maine Turnpike and can-  to meet the challenge is to educate the public
                                                struction of the state's third-largest shopping about thevital role wetlands play in areas rang-
                                                mall in Augusta.                                    from wildlife habitat protection to flood
                                                wetlands considerations surrounding the         control.
                                                MaII at Augusta already have been resolved         A bill before the state lAgislature to ease
                                                and the turnpike project does not appear likely wetlands restrictions on cranberry growers
                                                to rise or fall on the wetlands issue. But as it may be the first of other initiatives to remove
                                                stands now, the $165 million replacement for the some of the protections granted by the state,
                                                Portland Bridge would either cut through South  said Beth Nagusky, staff attorney for the Na-
                                                Part and's Knightville neighborhood or skirt    tural Resources Council of Maine.
                                                the shoreline and require that the 3.4 acres of    "At the federal level Lhere's a good deal of
                                                W!@ lands be filled                             activity, unfortunately, to boLh change the de-
                                                ,definitely becomes a more difficult issue      finitionof wedands, and to change the protection
                                                when you have a development in such close       afforded wetiands," Nagusky added.
                                                proximity to so many people," said Lissa Wi-       An estimated 20 to 25 percent of Maine con-
                                                doff of the State Planning Office, author of a  sists of grassy, shrub-laden or forested areas
                                                1988 study on Maine's wetlands.                 sometimes covered by shallow water, accord.
                                                Adv ocates for business say the dispute points  ing to Widoff's study. The vast majority are
                                                up the need to Lake account Zif economic as well irdand bogs, marshes and swamps.
                                                as environmental factors when considering          Although Maine has more wetlands than the
                                                wl@ether to grant a wetlands permit.            rest of New England, only 157,500 acres of the
                                                We think it's a huge concern," said Christo-    estimated 5 million acres are coastal wetlands,
                                                pher Hall, assistant general counsel for the    Widoff says. And of those, there are 80,000 acres
                                                Maine Chamber of Commerce & Industry.           of mud flats and ortly 19,000 acres of salt marsh.
                                                "When you get a situation like you have in South   The three acres that would be lost if the
                                                Portia nd where 3 acres of wetlands are going to bridge passed over it provide a habitat for shell-
                                                take precedence over Lhe economic well-being    fish and marine life.



                                                                                                                  25


~0




                                                                                                                                            agree on n~, ge~,~6qtou
                                                                                    Agencies                                                                                                      b~" ... ~q@~6~8qd~'                                                       te
                                                                                    a The C~OM~I)TO~M~I~'~S~P Would                                                                                                                                                        'known as' the ~M~d~
                                                                                                                                                                                                                                                   bon          ~@~idge-~tha~t serves ~the
                                                                                    save some w~e~qda~r~lds and                                          ~4~9~T~I~ii5 i~s the best we're going to                      do. C~rh~e                               m~.am commuter route between
                                                                                    Knight~N~qil~ql~e~, but would                                  compromise) accomplishes the public policy goals of                                                    South Portland and Cape E~bz~ab~eth
                                                                                    Lake ~two more businesses.                               getting traffic s~epa~ra~fc~c~qifi-om the downtown ~area.~9~@                                                   and Portland, Because ~the new
                                                                                                                                                                                                                                                   bridge %will ~be higher, officials ~s~aY
                                                                                                                                                       ~J~er~tr~e ~F~. Bryant, South         Portland c~i~t~) manager                                       traffic will be disrupted less often by
                                                                                    B~Y~JOHN I~l~L~k~LY                                                                                                                                                  openings for ship ~t~r~-af~f~i~c
                                                                                    a~n~d JOHN RICHARDSON                                                                                                                                            Several property owners who
                                                                                    5 ~1 a~qf~qf Wn                                         the competing concerns of city,                      The compromise            design would                 would be affected by ~the change met
                                                                                                                 I I                I  state and federal officials~                     carry the new span           over mud flats               ~u~rith city and Maine Department of
                                                                                    State uranspo         tion and env~I~r~O~z~l~            However, o~Mci~als said ~the com-                   on piers, curve inland to avoid a                         Transportation officials ~F'r~icl~ay, but
                                                                                    ~me  n~t~a~l officials s~ay ~th         ~cy     ~h~a~v ~e     promise route Will require the state              saltwater marsh and link up with                          there was little initial response and
                                                                                    reached an agreement that has a                    to take by e~n~t~ir~sen~t domain ~t~w~o                   Broadway, staying away from the                           owners declined to comment after
                                                                                    good chance of overcoming                ob~s~i~a-    more Waterman Drive business                      Knig~htvi~l~le and Mill Cre~qck business                       the meet;~.~ng~
                                                                                    ~c~les stalling construction of            a ne~w     properties, bringing ~the total to                 areas. The plan would permit                              Despite dis~appo~intm~qe             ~n I that
                                                                                    b~-~idge b~et~v,een Portland and             South     three.                                            Waterman Drive, which now carries                         businesses will be affect~E d.        S~o~.~"
                                                                                    Portland.                                           The compromise alignment,                        south~bound traffic off ~the existing                       Portland City Manager Jerre R
                                                                                    ~T~he plan min~L~r~niz~e~s the de~struc-                   which still must be approved b~v                   bridge, ~t become a two-way street                         Bryant said the city would accept
                                                                                    Lion of coastal we~d~and~s and ~c~bv~e~r~L~s                federal environmental regulators, ~1'~qs             for ~l~oca~l~o~t~ra~f~f~ic only,                                   the compromise.
                                                                                    t~i-a~f~f~i ~c ~8~-~a~" from South Por~il~and'~s               a variation of the wetlands route                     The new bridge will replace ~the
                                                                                    downtown neighborhood, satisfying                  that faced ~ce~r~lain rejection.                     ~e~n~dst~ing drawbridge completed in


                                                                                                                                                                                                Bridge compromise reached
                                                                                                                                                                                                Stale transportation a~nd envlr~onm~en~tal o~ffi~c~I~a~Ls have agreed on a
                                                                                                                                                                                                ~des~Ign for a new Portland Bridge that would avoid wetlands and satisfy
                                                                                                                                                                                                ~S~cu~lh Po~r~l!~and ~conce~ws about ~tr~a~qf~qt.

                                                                                                                                                                                                State St.
                                 DEP still opposes bridge plan:                                                                                                                                                                                                 Commercial St.
                                 By JOHN RICHARDSON'                                Cl~e~ar~ly'~th~er~e needs to b~e a r~s~e~@                   Marriott said the DEP staff will                                          PORTL                                          F
                                 Gu~ G~f~tnn~et~t Service                          bridge " Marriott said. "I think                     ..put together a formal ~r~ecommenda-
                                                              ~.~qZ~q@~T~qs~2qy~ql          everyone would want it done sooner                   tion for the board within a few
                                                                               rather than
                                 PORTLAND - State and federal                                      later, and I think we            weeks. He said the process could
                                        nta~l officials last week               suggested a         way that could happen:           take Jorge, if ~I~AD~OT -ants to add                         ~7~q77
                                 ~nvironm~e
                                 reaffirmed their opposition to a              They (the           city councilors) have            anything to its appl.ic~atio~n.
                                 Portland Bridge replacement plan              chosen to go a different route" that                    A three-week period for public
                                 that would destroy coastal wetlands,          would unnecessarily destroy a va~lu-                  comment ~@ill follow issuance of the
                                                                                                                                                                                                                                                                            KN~)GHTV~ILLE
                                 and said the decision by the South            able natural        resource.                        s~tl~aff~'~s r~eco~m mend ~a~tion. The B~E~P                                 Fore ~)~q4~qiv~&r
                                                                                    Efforts
                                 Portland City Council ~:0 stick         i~t~h                        to protect ~@~e~z~l~and~s have         then will hold a meeting and allow                                                                                   ~0.
                                 the proposal will only delay it.              become more aggressive is) recent                    limited public input.
                                 They're looking at a long              time   years because Of an increased uncles-
                                 b fore there's a resolution to         this   standing o~f their value and a m~a~ssi~@ ~c                  The board can immediately decide
                                 ~
                                 b~~a ~us~e ~@~e~'r~c going to fight it       and    historical ~iossor~t~hc resource nation-                whether to grant the p~ermi~l~, table                                           SOWS
                                 he f~eds are going to fight             it, ~"  wide, environmental officials say.                   th~@ issue to obtain more information
                                 said Maine Department o~f En~viro~n-                                                                  or set up a Public hearing to get input
                                 mental Protection Commissioner                     Wetlands provide habitats for                   from members of the community.                                                    ~p~l~a~r~n
                                 Dean Marriott.                                marine wildlife and migratory birds.                    Ifappro~v~ed byth~eBEP~, however,
                                                                               and serve as atur~al flood buffers                    the city and MDOT still must Set
                                 Marriott said  he is   mystified and          and pollution       ~n  filters f~o~r Marine            ~a~p~pT~OVa~I fr~om~:~,~th~e Army Corps of
                                 frustrated that the City Council, in a        estuaries.                                           Engineers. The 'Corps also has
                                 decision heartily supported by resi-               A federal official also expressed               expressed opposition to the city-.
                                 dc~~s, on Wednesday rejected a                 disappointment ~-i~th the City Coun-                   backed plan.
                                 D~P-f~av~ored route that avoids 3.4             ci~l's decision.                                         City officials were aware the plan                                MU      f~la~i~l~l
                                    ~r mud flats and salt marshes                    "We warned the (Maine Depart-                   may face ~ir~ej~e~ct~ion by the agencies,
                                 ~~~y"~fisn~qo~ing the bridge into the city's     m~ent of Transportation) and the city                 and that a regulatory block now
                                 downtown in the Knigh~tville~-Mill              that the (bridge plan) they're still                 could set the planning back years.
                                 Creek area.                                   seeking was not likely to get a                         But councilors said Wednesday.
                                 The city-backed plan would put                permit, - said Matthew Schw~eisb~erg,                  the), could not abandon a plan
                                 the new, bridge on the western edge           senior w~e~i~land ecologist in the New                  developed through 10 years of
                                 ~he Kni~ghtvi~lle peninsula, away               England regional office of the U.S.                  studies and favored Overwhelmingly
                                 ~ It
                                 from downtown and along the                   Environmental Protection Agency.                     by the community in order to accept
                                 shoreline, requiring filling of wet-          "We have said it many times in                       a mor~i~e environment-friendly alter-
                                 ~~                                                                                                                                                                                                                ~X
                                 and~s where a variety of marine                many ways."                                          native that has only been discussed
                                                                                                                                                                                                                                          ~qR~qa
                                 creatures live.                                                                                    for a few weeks.'
                                                                                    The EPA has the authority to veto
                                 Marriott said the D~EP alternative                  federal a pro~val by the U.S. A~t                         ~y officials and residents ~a~nd
                                                                               a                                             my        ~.                                                                                                           -        ~@ ~qw~~@~l
                                 would have gained speedy                      Corps of ~qf~ing~ineers~.                                 buC~s~iin~'e~ss owners in the Knight-
                                 app rov~qa~ql~q.                                         The S165 million bridge will be                 vil~qle-Mill. Creek neighborhood arc
                                 The replacement bridge. connect-              paid for by state and federal dol~qf~qi~qs~qrs~q;              united behind. the ~qIcity-~qback~qed prc~q,~q4~q@~q,
                                 ing Portland and South Portland               but MDOT had- ~qa3k~qed :the,, City', p~qos~qs~qid~q: ~8q"u~qi~q;~04q4_J~qt~q'~q,~8q@~q%~q@ou~qld ~qj~q'~qt~qa~qsk~qe:~qi cc~qm~qm~q,                                                                                                             Will
                                                                                                                    ~q6        ~-~qa~qu ~4qr                                                                                                                                                       ~qT- ~qf~qt~qy~q-
                                 ~.~o~v~er,~qr th~qe.~q; Fore R~qiv~qer,-~q. has. been       ~q, Council to decide wh~qe~qt~qh~2qi .~0q@~qi~qi                                                                       d,
                                                                             "its-. ~qf~qav~q6~qred.-.p~qlan~q,~q7~qt~qit~qit~qt~qi~qi~qf~qr~qis~q)~qr~qr~q6~8qa~qi~6qrt                                        ~qt~qit~ql Mill         ~q9
                                 b~u il~qt by the Maine Department of             regulatory r~qe~qj ction.            Where the           ti~qal and commercial district.
                                 Transportation.                               bridge will         Iand~qe~6qin Portland, at State          "They (the DEP~q) are                   strictly
                                 Commuters face narrow and                     and York streets, has not been                       looking at the physical part of the
                                 curvy lanes on the existing bridge,           disputed.                                            environment and are not weighing
                                 which requires frequent repair.                    Marriott stopped short of Su~qa~qr~qru~ql~ql              i~qnto.~qth~qe equation the human
                                 Freight and oil companies also say            teeing a rejection at the state level,               environment," said South Portland
                                 business is restricted by the narrow          noting that the final decision will be               Mayor James Soule, who added h~qe
                                 draw of the 7~q5-ye~qar-old bridge.               made by the Board of Environmen-                     still hopes to reach a compromise. "I
                                 Already, the wetlands con~qtro~qv~qe~qi sy            tal Protection, the policy-making                    hope the DEP does not have their
                                 has pushed the earliest possible              arm of the agency that decides on                    feet dug into the mud nat~qs ~qsod~qe~qep
                                 co I tion of a ne~qw span from 1995             appeals and precedent-setting                        that they can't dig themselves out of
                                 ~1. ~2qW~I~q.                                        issues.                                              a political stand they made."




                                                                                                                                                            26
 

~0







                                ~2qF~8qW~_




                                                                                              ~i~t



                                ~T~j ~I~E B A~SI~N~ON V~IN~A~LHA VE~N~q-A~eri~al view looking through the Basin's narrow entrance
                                ~1~0~. Ord ~t~he property donated to Maine Coast Heritage Trust on ~ihe~f~ar shore. Chris Ay~r~"
                                photo,                                                                                                                           essence of the N~or~l~beas~t Coast lie.,
                                                                                                                                                           in V~i~na~l~ha~ven~~s Basin. Mammal, hird~
                                                                                                                                                           and marine li~qfe~n~t~e~e~l ~tb~e~n~@ T~he miracle
                                Vinalhaven~'s Basin Will Be Protected by Gift                                                                               of ~T~h~e fides affects all lift, ~I~l~i~t~h its
                                ~qto Maine Coast Heritage Trust                                                          ~qA~'~r~I~t~'~q5~'                            r~j~@~j~,~tb~m. ~I~ti~sap~lace~c~if~t~bes~ea~, a~?~jd~,~i~t~l i~t
                                                                                                                                                           is surrounded ~kyf~ares~t-~and all of it
                                                                                                                                                           embedded In ~T~he old rock that gives ~T~h~e
                                V~INA~LHAVE~N-Morc than two miles of                             The parcel given by the Williams to                          entire coast its c~barac~ter. -
                                sh~OTCf~T~O~n~t on the pristine tidal cove on               Maine Coast Heritage Trust is directly                                                      ~f  M ~7~b~,             ~C~.~.~:
                                V ~i~na~lh~aven known as die Basin, have been              across the cove from the Basin's entrance.                                                       ~h, M.i~ll~l~i~t~d A L~O~,~,
                                do~m~t~e~-~d ~Lo~Ma~in~e Coast Heritage Trust by                ~T~he property also contains mature spruce                                                             Ti., ~1.~4, ~F-~A~,
                                Mr. and Mrs. Ralph Williams. The gift was              f~OT~CS~LS, a small pond, and exposed granite
                                annour~ecc~l in late F~ebru~a~U~.                            bluffs that offer views of the entire Basin
                                      ~qn~e 220~-acr~e parcel, one ofthe largest            and Hurricane Sound b~ey~ond.The gifta~l~so
                                undeveloped parcels on ~t~h~e cove, was do-               includes three small islands and many
                                nated ~to the conservation group to protect             ledges that are "haul-out sites for harbor
                                "the land's rare beauty and ecological                 seals.
                                value," said Jay Espy, trust president.                       Espy noted that ~the William~ses~'gift is
                                      The Basin is an almost completely                significant in a time when towns can spare
                                landlocked cove with a narrow entrance                 little money for open-space protection and
                                forming a s~e~t of ~uda~l reversing falls. Bald            state programs are financially threatened.
                                eagles, osprey, and herons fish the tidal run          --Co~ndensed~qfr~om~the Bangor Daily News,
                                      ~L~l~z area', many s~l~e~h~a~e~d in~l~e~L~l                   Felru~oy ~1~1, ~199~1              -




                                                                                                         Jim's Head Secured by MCHT
                                                                            ~l~k~l~a~m~e Co~@~i~s~t Heritage Trust has                     fun her (radii io~n~a~l p~u~b~li~t. us~e for hik~in~p.         cu~t ravines and ~c~n~ishin~g~, ~s~t~irl licit),
                                                                        secured p~ern~i~m~i~en~t protection of :i                        A~(~cordi~ng ~i~t~) ~N~ICHT~'s S~i~c~\~\~;~t~n~l~ship                ~qm~k~i~.- s~o~ysN~or~d~e~n~ ~"I'l~ic ~c~on~ih~i~m~t~o~o~n ~is
                                                                        1, ~l~i~tr~il~l " il~d ~c~o~:~i~s~i~zil ~l~i~c:~0~1~o~nd i~n eastern          Director. C~OFO~lin~e Nord~e~n. ~t~h~e b~e~;~l~k~l~l~\              spc~o~act~i~k~ir."
                                                                        ~W ~'~i~@li~tng~i~on Comm ~Nv~i~th ~t~h~e ~p~u~nh~a~s~c                     of this short trail lies in i~ts ~a~bil~m to                The ~pu~r~c~l~i~;- of ~.~1~~1~1~1 ~, ~l~i~c~,~i~,~i ~1~-~1~1~1
                                                                        O~f~.~1~1~1~1~1~, Head i~n L~u~h~c~@. The dr~am~m~ic                     access a v~ar~i~c~t\ ~o~l shoreline. -Yot~j Ila~% ~c          tinues ~1~\~1~0 IT's ~c~on~in~ii~in~i~en~t ~10 p~r~e~s~c~'~A
                                                                        ~I~@o~m~t of land ~ad~ioi~n~s the Trust's Boot                   the cobble beaches, fishing weirs and                i~ng ~r~ap~id~l~% v~ani~sh~,n~g ~p~t~ibli~c ~:~,,~-~c~e~s~s
                                                                        I i~v.~id pr~op~c~n~@~. and ~i~id~d~s ~signi~f~i~c~an~i~l~\ to              ~r~e~h~li~v~e ~c~;~f~ln~i ~o~f f~i~r~dl~e~x~~s ~\~Iis~t~ak~c: and            rights along ~Ni~ain~e~'~s     m~o~@~i ou~i~s~t~and~ing
                                                                        ~@~t ~mr~e~i~d~i ~of pr~e~s~e~n~ed ~c~o~as~il~i~t~i~c ~1~1~1~:~1~1                  ~11~1~c~l~, a f~e~\~N m~inu~ic~s k~i~t~er vou ~(~-~:~i~n he             natural coastline,
                                                                        no, c~m~e~nd~s more than three miles                         standing ~o~n 120 fool cliff,, with w~m ~c
                                                                        front ~B~ai~l~t~n~'~s ~1~%~li~s~t~ak~e harbor ~to Boot
                                                                                                                                                                                                                                    ~W~9
                                                                        ~c~o\ ~c.
                                                                            The ~;~,~c~c~l~i~,i~l~i~ti~on ~cu~ln~im~3~l~e~, :in ~ar
                                                                        ~LILIO~L~I~@ ~I~'~l~e~g~o~o~:~1~1~1~0~1~1 ~P~M~C~C~S~@ ~I~NU began
                                                                        in 1988. Mien Maine Coast Heritage
                                                                        Trust ~0~0CHT~) purchased Western Head
                                                                        ~qandGr~qe~qr~qi~qt ~ql~qi~qc~qiclinC~qt~qi~qt~qi~qerf~qr~q(~qin~q)~qt~ql~qie~q.~q@.~qime
                                                                        clev~qel~qo~qp~qcr who ~qo~qu n~qed Jim's Head. On
                                                                        ~qD~qe~q(~qem~qber 26 ~q1~q09~q0. the Machias Sim,
                                                                                     f~qin~qa~ql~qk ~qa~q(~qc~qep~qt~qed ~qN~qIICHTs offer
                                                                        ~qing~qs ~ql~qk~qin~qk
                                                                        of $1 ~q1~q0~q,~q00~q0 lot l~qin~qi~q'~qs Head. a six acre
                                                                        ~qprop~qe~qm ~qX\ i~qth ~qV~4qi~qn~qil~qe o~qfshor~qe frontage.
                                                                                                                                                                         ~qV
                                                                        The hank ~qh~qad held the pr~qo~qp~qe~qm since
                                                                        March of 1990 i~ql~ql connection with a
                                                                        ~qi~qn~qo~qng;~qig~qe ~qd~qc~qf~qaul~ql~. Development plans
                                                                        for~qth~qe headland had called ~qfor~qth~qe~qcon                                                                                        ~76q1~q"
                                                                        ~qs~qI~qn~qi~qc~qt~qi~qon ~qo~ql~q"~qup it) ~qd~qir~qcc r~qe~qsicl~qcr~qw~qc~q@
                                                                            No", ~qth~qc p~qeni~qn~qs~qtik~qi is ~qf~qor~qc~q@~qer           pro
                                                                        ~qt~qe~qc~ql~qed from t~qh~qe ~qd~qir~qe~qa~qt of ~qd~qe\~qelopm~qent
                                                                        and -ill remain in its natural s~qa~q: t~qe Ali
                                                                        exist ~qing fi~qx~qv~qi~qp~qa~qt    in linking ~qjim'~qs Head              I~qr~qb~qe b~qo~qild ~qc~qU~qf~qfs ~qo~qf~qj~qI~qm~q'~qs Head in ~qL~qi~ql~qi~qb~qe~q@ r~qi~qs~qc~qe~qn~qt~qh~q- added Ina ~qIb~qr~qe~qr~-m~qa~qr ~0q~~qc~qb ~qo~qf~qf~qar~qt~qer,~qer ~qt~qr~qi~ql~qd
                                                                        ~q%i~qth Boot             will he im~qpr-~qed to                 c~qoa~qx~qthne ~8qmw~qed ~qM~q-~qm~qc~q-~qI~qr~qr



                                                                                                                                        27
 

~0













                                                  Land Consc~i~rvation
                                                       Totals                    1990
                                               A crc~.~1 Vr~o~f~t ~( ~(~c~d                                  4~~6~0 1
                                                               IQ!



                                                                      ~L~~.~1~1~C~~I~I~,                    12~0~0
                                                  ~l~l~l~ro~k~l~@~!~h gill of kind         ........          2 ~i~o
                                                  ~l~b, I III    ~,~Qh ~p~or, h~:~j~I~L I If I.~M~i!            2~1~,~@~,
                                               ~s~h~u~r~v~i~i-on~t AM- Pr~(~i~(~vc~tcd.                          36
                                                                                                    2-~1


                                               ~Fr~i~fi~r~r ~)~s~j~j~n~j~, ~p~r~o~l~e~c~i~c~d             .......        0
                                               Com~p~l~e~i~c~i~l P~ro~i~cc~l,, ~. ~. ~ ~          .......        26
                                                                                                                                                                                      State votes                                          to       buy pond,
                                                                                                                                                                                      550 acres near Augusta
                                               ~n~i~v~n~j ~@ ~1~)~, ~i~n~g the ~I~@ ~)~I~a~j in r~e~ag~, ~p~v~t
                                               ~i~n~m~i~c~i~t~i~l, ~pro~l~t~-~L~t~L~-~1~1 ~thro~L~l~g~h ~1~1~1,                                                                                                  ~-~L-~o~c~i~a~t~ed Nos~,
                                                                                                                                                                                                                             ~qP~,            ~.~1 -1, ~, \~a~tt~r~a~v~n~-~e things about ~d~i~s p~e~,:~o of
                                                                                                                                                                                                                                           ~V        ~r~a~q@~,
                                               I- ~j ~1~2 ~j~-~ ~ir~w~h~i~t~hn~g ~I~q~6 island, in                                                                                                                                                                            said Jame~s B~er~na-~r~c~~th~c
                                                                                                                                                                                         AUGUSTA                  ~-A~s~L~a to ~b~o~cd~, ~L~h~a~l                     ~M~-~a~m~i~ng ~O~f~l~i~c~e ~o~f~f~l~c~i~a~@ ~v~l~v,
                                               ~1~1~I~L~-~~r ~L~-~1~1~i~r~c~l~\ I ~I~I~L ~n~i~:~I~j~(~,~r~j~I~N ~of~c~i~,n                                                                                             ~a~c~i~l~i~t~u~e~s~i~a~nd~iorp~ub~) p~l~e~s~e~:~,~-~,~a~t~l~u~n                           ~s~er~e~s is coord      ~i~n~a~t~o~r fo~r t~l~i~c -~-~-~n~t:
                                                                   '~m~cn~[~" o~w~r~i~gh~l ~t~i~l~f~l~-~                                                                                                                             bu~t~e ~S3~0~0,~0~0~0                 board ~,~nic~h ~qcr~i~d~o~-~s~e~d the ~n~@~~:
                                                    :,I on ~ej~'~,                                                                                                                       ha~s voted to con~q@~q@~z~@
                                                                                                                                                                                      ~t~o~-~,~,d ~t~h~e ~$4~50~,~0~0~0 p~l~i~rc~l~:~@s~e of ~5~5~@
                                                                    ~N~I~CH I hill ~f~i~L 1~1~1~1~.~1~1C~I~I                                                                                                                                                      ~u~l~a- ~'~~I~o~n~id~a,~
                                                                                                                                                                                      acres s~u~r~roun~d~@~l~@ I~,                                 ~j~1~,~-~t~,~(~.~;,
                                                                                                                                                                                      u~tide\e~l~o~t~)~ed pond just ~s~o~u~i~qr ~l~qi~.                             'You \~,~o~u~i~d~n~'~t      ~c~v~,~)~e~c~t to Find a ~n~i~c ~c
                                                                   ~an~,~l p~t~ih~il, ~:~,~g~,-n~k ~I~c,                                                                                           M~a~l~l~i~c~'~s ca    ~r~) ~j ~U~0~1~                                      small ~D~o~n~c ~w~a~t~c~r~s~q@~,~ed ~U~! Stich ~6~0~@~0
                                                                                                                                                                                         Ja~rni~e~s Pond             %vot~u~l~d ~b~e~c~~)~:n~l~@ [)I;-           P~-~o~x~z-~m~:~@ ~'~o a large population c~f~-~-~n
                                                                                                                                                                                      ~:~!2~!1~(~1 property            that tile ~i~A~n~d ~ior                 -~e ~o`~u~g~u~s~L~a ~@~M~o~s~t ~r~i~a~l~i~d~s ~o~l~.~, ~t~h~c~u
                                                                                                                                                                                      ~M~a~m~e~'~s Fu~,~.~ur~e Board h~z,~@ ~:~i~t~;~:                               size ~i~r~. this pail of ~Lh      ~e state ~h~a~c
                                                                                                                                                                                      cna~s~e~d                      ~@~h~e ~p~m ~c ~e ~e ~d ~s         ~3 ~5      ~L~o~t~r~c Go, ~e~!op~n~ie~n~: ~O~n ~t~h~e~!~-~.~1
                                                                                                                                                                                                                       ~, ~;                 ~o~! ~o~~.   T:~i~E ~qW~- acres includes ~a~l~i                 ~l~a~n
                                                                                                                                                                                      ~I~l~l~i~f~l~i~on bond              ~!~s~s~t~i~c ~!~n~t v
                                                                                                                                                                                      ~a~p~p~;~(~;~@~e~d ill ~!~!~;~j~~~ ~L~e~S~s                                                   ~t~h,~!           ~e~x~c~e~p~:
                                                                                                                                                                                      ~m~i~l~h~o~,~@ ~: ~e~n~l~xn~@                                              ~s~m~-~a~~I lots, ~Berna. ~d said
                                                                                                                                                                                                                                                    T~h~@ Pond, ~,h~;c~i~,~. is used f~O~7
                                                                                                                      B R I E F L Y                                                      The pr~o~p~e~n~v~.~.            ~c~i~l~r~i~e~j~i~f~l~@ (,-,mod      ~1~),
                                                                                                                                                                                      Lh~e ~Ha~l~lo~,~,~e~l~l W~i~t~e: Di~s~L~n~C~L ~N~'~s                     I        l~n~@~canoeing and ~r~r~o~s~s~-~c~o~un~t~:`
                                                                                                                                                                                      Paz',, of Ha~Jowe~l~l~ F~arn~i~z~n~gd~a~!~c ~a~i~@~,~;                        ~"~g is the ~c~u~r~r~e~r~"~, ~sou~rc~e ~o~'               I ~i~;~@~:
                                                                                                                                                                                      ~"~Il~a~t~chest~e~, it ~%~I~iI~I be managed ~I~)~,~.~'                               ~&~n~j~i~l~a~r~i~g ~w~a~t~i~e-
                                                                                                               Easement protects                                                      the state Inland Fisheries and ~%V~:~(~I~:~                       The water district put ~U~iep~!~u
                                                                                                                                                                                      tile ~D~ep~&~-~t~inen~t                                              per~t~y up for sale because t~h~o~- ~co~n~d
                                                                                                               163-acr~e farmstead                                                        ~-~L~n ~add~i~.`~on~a~;           ~qM~,~5,0~0~0                  ~j:~je
                                                                                                                                                                                                                                                    c~a~m~i~r~: ~me~o~! fe~d~e~n~d-~I wa~t~e~r~-~q~u~a~l~;!~.~,
                                                                                                                                                                                      purchase is anticipated ~,~I ~n~n~@ :~@~j~e ;~t,                       ~s~t~a~i~l~d~@d~s ~N~k~i~f~f~i~o~i~i~t con~s~'~m~x~t~i~z~i~n of
                                                                                                               on Topsham river                                                       ~qjOf Ha~l~lo~,~,~el~l~, and S25.~0~0~0 ~l~i~a~s                     I~b~o~o~i~l   ~i~r~q"~,~qI ~c~ian~t ~'rh~e district ~is ~n~i~a~,
                                                                                                                                                                                      ~p~, ~.~1m~i~sed ~bv an ~ano~i~n~i~n~o~l~i~s ~ri~o~l~l~'~)~.                         ~M~9 ~a~r~r~a~n~v~eme~t~i~L~, to d~,-a~%% ~I ~q'                                                         I
                                                                                                                                                                                                                                                                                         ~Ls ~va~te~r
                                                                                                               Tile ~per~r~n~an~e~;~i~l protection of                    I ~G~'~j                I  ~'~I~"~cat~i~on is             ~l~l~!~l~e Of ~Q~@~,~@ ~i~l~lo,~:              ~t!~:~-~?         ~w~,~@~:~i~! ~,~e~l~l~s ~u~t Ch~e~i~s~c~a.
                                                                                                               acres of ~13~,~ad~l~e~v Pon~.~,~' Fa~n~n ~u~l
                                                                                                               T~o~p~s~;~l~z~l~m~i ~@~A~a~s ~i~u~:~M~ou~n~c~i~-~d ~T~je~sd~:~i                   ~*~,
                                                                                                               ~L~"~.~. tile ~13.~-u~n~s~-~-~A~wk-T~t~ip~sha~n~n L~i~:~u~;
                                                                                                                      a~nd ~i~'~M~a~in~e Coast H~er-~,~.~L~a~L~--
                                                                                                               ~1-~u~s~"
                                                                                                               The ~f~-~.-~m c~c~):~:~@~@~2~a~l~s ~a~@~, of ~4~0-a~cr~e
                                                                                                               ~Br~a~c~h~e~y Pond and fru~n~L~qge or, ~O~i~c
                                                                                                               C~aL~han~c~,~.~, ~Nv~e~:           The donors are
                                                                                                               Frederick and Florence Call. wh~f.~,
                                                                                                               have lived on the Property for 3~@
                                                                                                               years, and ~w~ho signed ~Lhe ~P-asement
                                                                                                               ~I~t~Iond~a~v ~A~i~Lh land trust ~F~l~n~esiden~t
                                                                                                               Br~oo~k~q@ S~todd~a~r~a
                                                                                                               Th~o easement will pr~ct~e~d ~Lh~e
                                                                                                               fam~i's wetlands, meadows, and f~o~i -
                                                                                                               ~es~t~s. The Calls ~wr~il~l keep t~he pro-
                                                                                                               p~er~ty a~nd continue to live there.





                                                               Conservation trust to help Cumberland buy island
                                                                                                    ~qp~qt~q-~q,~qH~q- ~qP~q@~q@~q,
                                                               ~qH~qo~qm staff rep~qor~qL~qs                    ~q-~q1         ~.      Island, president of the U-ust.                           pro~qte~qc~qLion zone, and ordered Bet~qLs                                  The Oceanside gift is the first
                                                                                                    ~q'~8q1~q5~4q1~ql~qi/              Robe~qi~qt D~q. Be~qL~qLs of Connecticut                         to stop building.                                          commitment~q, although ~qt~qhe town h~q&~q,
                                                               CUMBERLAND - The ~qO~qcea~q-~q"~q-                               bought the L~qi~qny treeless island two                             Betts filed a               lawsuit~q, which he        indicated a willingness to contribute
                                                               side Conse~qi~qwa~qdon Trust~q, a land trust                   miles off Ch~q-e~4q6ea~qgue Island for                           agreed to drop if the town wo~qL~qdd buy                       $15,~q000.
                                                               dedicated ~qto preserving islands in                                                                               ~qthe is nd~q.                                                          Berle says Oceanside will donate
                                                                                                                      $70 DDO in 1989 with hopes of building                          L~96qt~qt~q'mon~qth, after state and con-
                                                               Casco Bay. has pledged $15.~q0~q00 to                      a secluded family retreat                                                                                            $~q6~q,~q0~qW immediately and contribute
                                                               help Cumberland officials purchase                        But town officials, who had used a                     servation organizations declined ~qto                        another $10,000 to match a similar
                                                               Stockman Island.                                                                                                 purchase the island from Betts, the
                                                               ~q'~2qV~qe felt        it was essential that                  defective map in issuing a building                       Cumberland Mai~qa~ql d and Islands                             private donation.
                                                                                                                                                                                                                  ~qu~qr~qc~qh
                                                               S~qt~qo~qck~qt~q-na~qn be taken out of ~qt~qhe hands                   permit~q, later discovered that Stock~q-                      Trust decided to p an ase Stockman                                  The trust needs to raise $~q95,~q000 to
                                                                                                               ~qit                                                                                                 ~qe town and private       reimburse Bet~qLs for the island and
                                                               of a private developer who w                    ~qs to   man, a valuable seabird nesting                           ~qv~qA~qLh the help of th
                                                               build," said Roger Berle of C~qL~q,~q1~q7                      ground, ties in a natural re~qsoulrc~qe                       donations.                                                 his constru~qc~qton costs.





                                                                                                                                                                              28
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                             Proposed LURC Bills Spark Inter-Island Dialogue
                                                                                                                                                                            ~q1~5~1~-A~A~0q4 ~N~Cw~-~r

                                                                                 review standards, ~t~o enforce violations and         February ~2~7 and in written comments to t~h~e           securing building permits were s~t~ro~n~g~l~)
                                         by Annette S. ~N~ae~@~e~l                    inspections of these pr~ovi~sions~,and ~t~ocon-          committee, residents from M~onheg~3n,                  registered. By the end o~f~th~e hearing, it was
                                   Director, Ecological Services                 duct public hearings as required by law,            M~a~tinicu~s, Dix, Marsh, Crichav~en,Lo~uds,              clear to committee members that ~t~h~e ~un~or-
                                                                                      The outcome of this bill would have            and ~F~z~g~l~c islands, ~W~enc~4~J by widespread              ga~m~z~cd islands have very different cir-
                             During this past winter~, legislators and            been to divide ~th~e governing r~esp~c~ir~is~ibi~li-        media coverage of ~th~e proposed legisla-              cumstances from the unorganized main-
                             citizens have gained a n~e~w awareness of             ties for these islands between the state and        tion, testified that ~t~he bills were inappro-         land communities, and although these b~i~ll~@
                             ~th~e islands regulated by the L~andU~s~eR~e~gu-           the island residents. Zoning would be the           priate and ought no~t to pass. As ~qagl~e                could not be recommended as written (the
                             ~l~a~ti~on Commission (~LU~RC). Three bills               islands' responsibility while all other Te-         i~s~la~nd~er Bob Quinn commented on LD                   committee later voted "ought not to pass-
                             presented by Senator Linda Brawn (R-                ~spons~ibi~bties associated with governance,           ~#217, "This bill makes about as much sense           on LD ~#217 and LD # 226), changes were
                             C~am~d~c~n~@ ~i~r, ~t~h~e Committee on Energy and                                                                                                                      nonetheless needed in ~th~e way islands are
                             Natural R~qm~ur~c~e~s in ~e~a~r~I~v F~e~br~u~t~a~n ~a~t~-                                                                                                                        managed by ~L~U~R~C.
                             tempted ~t~och~an~g~e the zoning ~T~esp~on~s~ib~i~li-
                             ties on populated islands under L~U~RC regu-                                                                                                                   Participatory Status
                             lation. ~The bills were a result of some
                             development furor on ~M~e~t~in~ic Island, in                                                                                                                           During the two work, sessions that
                                                                                                                                                                                          followed the hearing, the Energy and N~a~tu-
                             ~.~es~i~er~n Penobscot B~a~). Although ~t~hcs~@
                             bills did not survive committee review,                                                                                                                      rail Resources Committee discussed ways
                             the, did raise important issues and have                                                                                                                     in which islands could have grc~a~t~erp~ar~ti~ci-
                             ~s~p~ark~c~d ~an ongoing d~i~a~l~o~cu~Q ~b~e~t~,~c~en                                                                                                                          p~a~tion in ~t~h~eL~URCr~e~g~u~l~a~to~r~y process. A~t
                             LU~RC officials and island r~es~i~o~c~n~i~s~                                                                                                                         a meeting sponsored by the Island Institute
                                                                                                                                                                                          on February 2~8, LURC island residents
                                                                                                                                                                                          discussed this same question among
                             Local Control at Issue                                                                                                                                       themselves and came up with several ideas
                                   Though the 321 islands and ledges                                                                                                                      to create opportunities for citizen input,
                             regulated by ~I_~URC represent only a ~frac-                                                                                                                    gain LURC recognition as a constituency,
                             ~t~i~o~n of ~L~U~RC jurisdiction ~a~s well as only                                                                                                                    and gather inter-island support.
                             one percent of the total number of islands,                                                                                                                       To create opportunities for citizen i~n-
                             they d~o~mpr~e~s~c~r~i~l~a~n im~por~m~n~ic~o~n~s~u~n~u~e~nc~y,                                                                                                                      put, they suggested creating their own l~o-
                             ~w~t~h~e ~r~e~c~e~m~l~e~gis~l~a~t~i~v~i~t process made c~l~ur                                                                                                                     cal review boards, which could then b,~,
                             L~URC jurisdiction includes i~sl~@~ir~ids ~p~op~u-                                                                                                                   added to LURC~'s of~f~i~6al circulation list
                                                                                                 ~z~o~.                                                                                                       Review and Comment o~;~,
                             ~I~t~i~e~d ~Nca~r-rou~nd ~and s~e~a~s~o~n~:~i~h, b~v com-                                                                                                                      for "Request for
                             ~tn~u~n~i~t~i~c~s Such ~a~s M~a~l~i~n~i~c~u~s. ~M       ~l~n~h~c~@~a~n~,                                                                                                                P~cndingApplic~3~tion."Th~i~@~@~~o~t~i~ld~@~,i~,~~c~th~,
                             ~F~a~g~Ic. ~L~o~uds~. a~nd Cri~c~h~a~,~e~n.                                                                                                                                 citizens review status on applications at-
                                   In addition ~to its task of ~T~e~gu~l~3~ti~on                                                                                                                  ~f~ec~t~in~g ~th~eir~is~la~nd. M~a~tinicu~s~and M~on~hc-
                             ~Ni~a~in~c~*s timber regions, ~LU~RC ~w~as m~an-                                                                                                                       gan already have this status, and have found
                             ~d~m~e~d in ~19~34 to zone ~th~e sparsely p~op~u~-                                                                                                                      i~tv~e~r~y helpful. They have caught ~tc~c~h~r~o~c~@~l
                             ~l~a~t~cd islands. Based on uses and activities                                                                                                                  errors on applications and h~av~eh~adoppo~t~-
                             current at that time, three zoning districts
                                                                                                                                                                                          ~tuni~ty to raise concerns with an assigned
                             w~e~i~e appointed: General ~I~v~I~n~m~g~em~e~n~t,                                                                                                                         ~L~URC project analyst.
                             G~c~n~qm~i~l D~e~v~c~1o~pm~c~m~, an~d Resource P~r~o-                                                                                                                              Islanders ~f~ur~d~i~c~r~su~g~gcs~i~e~d ~L~h~a~i~L~URC
                             ~t~e~c~t~i~on. Seventeen years later, as use ~l~i~@~i~t-                                                                                                                staff prepare a summary of ~t~h~e existing
                             terns have changed on ~t~h~e islands, LURC                LURC re~gu~@~a~i~e~s 321 islands and ledges off ~t~he coast o~qfM~aine. in addition to its                       rules, highlighting key areas, to be d~is~trib-
                             has ~b~e~c~r~i working ~" ~a~h~, ind~i~N ~id~ual i~s~)~Dr~id~s           r~e~sp~o~nsi~&~ti~ryf~or ~a large portion of the ~s~f~a~t~e~'~s inland territories. In all. LU~RC                      ~u~t~ed to island residents for review. Local
                             to address sp~e~c ific zoning i~ssuc~s~q-s~uch a,             regulates ~n, ~o thirds of ~t~he store ~o~f~)~tf~oi~@e.                                                         comments could then be incorporated in
                             Monh~e~gan~'~s Maritime district complete('                                                                                                                      the revision ~o~fL~URC~'s Land Use C~om~pr~e-
                             last year. As L~U~RC updates i~ts own Land             such as taxation, would ~r~cm~ainw~a~h ~L~URC.             ~asaskin~g~a f~lock~of~gu~Hs to w~a~tchov~e~r your              h~er~is~iv~e Plan. David B~ou~l~t~e~r has said he
                             Use Comprehensive Plan in accordance                ~LD ~#2~1~@ did ~n~o~t even begin to describe              bait barrel.~" The islanders' concern fo-             will assign staff to prepare this ~s~umm~u~i~,.
                             with ~t~h~cGr~ow~i~l~i Man~ag~em~en~tAc~to~f 19~8~8~,               how the citizen councils would address              cused on ~th~e difficulty of taking on the                  To increase LURC~'~s recognition of
                             ~L~URC director David Boul~t~er has offered             zoning issues and whether there would be            administrative responsibilities for zoning           islands as a c~ons~ti~tu~en~c~)~, islanders sug-
                             to meet with island residents, to gain their        adequate checks and balances in ~P~1~2C~C ~t~o            as proposed in LD ~#21~7. Islanders r~e~i~t~er-            gested dedicating a portion of an existing
                             input on how current standards can be               monitor land use decisions and avert the            s~t~ed that they do not have the time, ~ex~p~e~ir~-         stiff person's time exclusively to islands.
                             revised ~10 recognize some of the unique             enormous potential for conflict of interest         ~tis~e, or even, in many cases, the interest in        This would give the islanders consistent
                             aspects of the islands.                             situations.                                         protecting the islands from unrestricted             contact with someone on ~th~e ~s~taf~fwho has
                                   ~T~his past February, however, in re-                ~Tb~e~s~eco~nd~qW ) (~LD#226) would have               development.                                         inpu~to~n policy and zoning questions, R~a~t~t~i~er
                             sponse ~to frustrations expressed by lard-           prohibited ~LURC from changing zoning                    Even more s~Mi~en~t was their point that            than representing a single interest group,
                             own~er~son M~e~tinic Island s~e~ekin~gbuild~i~n~g             without the consent of the landowners.              ~LURC, as an outside agency, does not                 the staff person would be knowledgeable
                             permits from LURC, Senator Brawn ~in~u~c~)~-             This u~n~iq~ueprivi~le~g~e (it is n~o~t~ev~en~gran~t~e~d          introduc~e~a local conflict of inter~es~L M~a~tin-         in and would bring a comprehensive p~e~r-
                             ~duc~ed ~LD#~21~7, L~D#~2~26~, and ~L~D#~22~7.                   to the organized municipalities in Maine)           ~i~c~us~Fi~r~s~l As~s~es~s~orC~lay~i~onPh~ilbro~ok com-              ~sp~ect~iv~e to island issues. David Bou~l~t~er hits
                             These bills were designed to shift some of          could conceivably result in unc~h~o~ck~e~d d~e-           mented, "As someone who has had many                 approved this idea and will bring it before
                             there ~gu~l~a~t~or~y responsibilities from the slate      v~elopm~en~L                                           occasions to observe LU~RC in action, both            the commission at one of i~ts monthly meet-
                             to the local ~q@i~f~i~z~e~n~s.                                   ~T~he third bill (~LD ~N 227) would have           as an impartial bystander and as an in-              i~ng~s~.
                                   The largest bill (~LD ~#217) would have         made it legal for development ~to take place         valved participant, I have been impressed                 To increase inter-island support, is-
                             required ~Lhep~o~pula~t~ed unorganized islands           in a ~gensi~t~ive wildlife area, providing the         with the level of professionalism exhibited          lande~nsugg~es~t~ed forming their own LURC
                             owned by at least three persons to form             residences were occupied only part of the           by ~t~h~e staff as well as their willingness to         Islands Advisory Council, composed of
                             -citizen councils" to take on the zoning            year.                                               work within their mandate to protect the             members of the individual review boards
                             responsibilities currently managed by                                                                   ~q'unorganized~q' territories but still allow for        from each island. As an organized group
                             LURC. These councils, elected by an is-             Islanders Raise Concerns                            controlled development."                             ~20q"~20qt~qi~qin~qt~qe~qr~qe~qs~qm~qdi~q&~0qWd~qc~qc~q)~qmmuni~qties.~qi~q@~.~qc~q,
                             land majority, would ~qb~qe required to estab-                                                                  A~qt the same time. complaints from                would convent as needed when issues of
                             lish land u~qs~qedistric~qts~qand site dev~qe~ql~qo~qfm~qc~qm,               At a public hearing in Augusta on              Me~qt~qinic residents about the difficulty of            concern arose. T~qh~qey would be able to inter-
                                                                                                                                                                                          act c~qol ~ql~qo~qc~qt~qi v~qe~ql y with ~qLURC s~qm~qff and c om -
                                                                                                                                                                                          mission members. They Would represent
                                                                                                                                                                                          div~qe~4qm island interests and would bring
                                                                                                                                                                                          important issues and concerns to the fo~qr~qc-
                                                                                                                                                                                          front.
                                                                                                                                                                                               There remains some unfinished busi-
                                                                                                                                                                                          n~qe~q;s~qs in all of this. T~qh~qe issues on M~qe~qdnic
  Islands                                                                                                                                                                                 Island have y~qe~qt ~qLob~qereso~qlve~qd. A~qsd~qev~qelop-
                                                                                                                                                                                          m~qe~qn~qt pressures move out to ~qt~qh~qe islands, a
                                                                                                                                                                                          balance must be struck between the need to
  Who shouldreguI~qC~qL~6qU~q-~q_ development?                                                                                                                                                       preserve s~qu~qn~qe-~qid~qer~qn~qi~qfi~qed natural T~qt~qS~qi~qal~ql~qr~qe~qts
                                                                                                                                                                                          mid the need to uphold private property
                                                                                                                                                                                          rights. But bemuse of the events this past
                                                                                                                                                                                          winter, ~qLURC staff and commission mem-
                                                                                                                  29                                                                      bers will be working more closely with
                                                                                                                                                                                          island residents, and island residents will
                                                                                                                                                                                          be working more c~ql~qo~qr~qs~qe~qly with each other.
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                                                                                                   ~0


                           W~i~n~d~-~d~r~i~n~x~x~t surf heavily damaged this building in Camp Ellis ~i~n Saco.                                                                                                      ~6qP~i~-~2qw
                           Ra~6qM~q-~*~q-sto~8qrT~6qn causes havoc in Maine
                                                                                                                  ~4~D The storm dumps 4.8                                                                 Power Co.'s 48~0,0~00 customers with-
                                                                                                                                                                                                         out electricity at the peak of the
                                                                                                                  inches of water at Portland                    The ~T~o~o~st rainfall measured             storm S~u~nd~a~q@ night, said CM~P sp~o~-
                                                                                                                                                                                                         kesm~an Mari~c I~s~hka~r~i~tan.
                                                                                                                  International Je~rpor~t~.                          during a ~24-hou~r period in               About 3~.200 customers, most of
                                                                                                                                                                  Portland by the National               them in so~u~th~em Maine, remained
                                                                                                                  From staff reports                              Weather Service, compared              without power Monday and power
                                                                                                                                                                  with Sunday's total:                   wasn't expected to be restored until
                                            MIA                                                                      As many as i,~0~0~0 homes in south-            1) Oct. 6-7,~1~96~2~- 7.71 inches           today for ~appr~o~tma~t~p~ty 1,000 cus-
                                                           ~7~@ ~                                                   em Maine remained without power                2) Sept. 11, ~) 954: 7.~49 inches         torner~s~. The outages were seat-
                                                                                                                               ~he heaviest min~st~orm in           ~3) April ) -2~, 1975: 5 26 inches                               ul~t for crews to
                                                                                                                  today after ~L                                                                          t~ered, making it dif~f~i~L
                                                                                                           ~V      a year swept over the state, ~ca~u swig          4) M~ay 16-~17~,19~16:~'~4.~8~6                 fix them, C~MP officials said.
                                                                                                                  floods that l~killed a 2~-year~-~old girl in
                                                                                                                                                                                                           At the storm's pe~a~l~k~, gusts of up to
                                                                                                                  northern Maine                                  inches                                 49 mph were recorded in Portland
                                                                                                                                                                 ~5) May 11-12,1989:4.66
                                                                                                                     Samantha Churchill was washed                inches                                 with winds as strong as 61 mph
                                                                                                                  downstream in Man Hill at about                                                        hitting Portsmouth, N.H., t~he
                                                                                                                  ~i~v~s~o ~am. Monday after her family                                                       weather ~s~e~qm~e~e ~s~ai~d~@
                                                                                                                  abandoned its car in waist-high                April 21, 1991: ~4.21 inches               Storm-flooded r~oad~t ~qwde travel-
                                                                                                                  water an a washed-out part of Smith                                                    ~in~g diff~i~cu~l~L but some of the most
                                                                                                                  Road, state police ~sa~a                                                                 serious inconveniences were self-
                                                                                                                     Her father, Harold Churchill,                                                       inflicted, said Portland Public Works
                                                                                                                                                              r-~Ain at the Portland International        Director George ~F~La~-herty~.
                                                                                                                                                              jetp~or~t between early Sunday ~a~nd             -we put the barricades up where
                                                                                                                           ~.~4q4b
                                                                                                                                                              Monday a~f~te~f~f~loon, the heaviest sin-       it floods and people get Out~, move
                                                                                                                  swift water.                                ~gle rainstorm since a 4~.~6-~inch             ~t~he barricades, drive unlit they stall
                                                                                                                     State ~7~t~o~oper David McPherson            dre~n~ch~br~ig in May ~I~qM, a~c~c~O               t~o out and they float," Flaherty said.
                                                                                                                                                                                                rdi~ng
                                                                                                                  found the girl downstream and per-          the National Weather Service.              ~qT1~1 never understand it."
                                                                                                                                                                       winds felled trees, mapped          ~7be storm overloaded the Port-
                                                                                                                  formed C~qM but she was pr~on                     High
                                                                                                                  ~o~un~te~d dud at ~Ar~oo~s~t~o~o~l~t County             power lines ~a~nd ~t~O~qW~led ~a~t least a          land Water ~D~is~tr~ic~k sewer system
                                                                                                 ~r~'~d ~C~*~"          Medical Center ~i~n Pres~e~fue We.              dozen utility po~l~i~qm ~W~a~q@           about
                           Bob Morrison ~s~h~a~w~j~s $and from a storm deal~. in front ~o~f his                               ~T~he ~s~U~r~m               4A inches of      30~,000 to 35~,000 of Central       Maine
                           Beach A~"~mu~e home in X~c~i~t~n~q6~w~i~l~t Monday.


                                                                                                         Casco Bay on Sunday when ~lus               v~mwed     the damage late Sunday,                  ~1~1 figured, we~A ~T~U just sneak in a
                                                                                                         ~p~l~i~m~s ran ~a~g~r~our~qA ~qf~qt 30~-f~oot ~N~D~-           said he worries that the ~arw won't          Tuck: shower before I go," said
                                                                                                         boat, doted on land beside his             stand up to ~6~qA~qM worms~,                      ~F~o~l~d~b~a~l~l; who f~a~irg~ot that his water
                                                                                                         Haley Road home was ~b~i~m~m ~a~g its              "If vie ~d~m~% am ~i       this situation     pump runs on electricity. ~His
                                                                                                         wooden platform.                           ~t~his year, we ~m~ay have one more             shower was short-lived.
                                                           sending overflows into Casco Bay                ~n~t~er~e w~a~s no major structural            Year before that area of Camp ~qM                    ~1~1 showed up at the hotel with all
                                                           from three dozen ~ou~l~le~ts across               damage, just some scratches~, But           is ~1~0~5~V~3~0h~n~s~t~(~M said-                       this soap in my hair." said Feldberg,
                                                           F~o~r~0~a~nd. The di~sc~l~u~irge was diluted           its ~X~nd of frustrating because my            Johnston said city officials Will t~r~qy     who is still assessing the damage to
                                                           and unavoidable, said district ~Ge~r~q-           car is t~mpp~ed in the mast of ~the           to convince state and federal o~f~f~i~-         his three-bedroom home.
                                                           oral Manager Joseph Taylor.                   ~qb~qoa~qV Arey said.                            ~qdA~qLs to launch a ~qp~qr~qi~qD~0qiect to r~qec~qon~qf~qi-              Classes were canceled in Wells
                                                             'Without ~q(overflows) we'd get ~qto~qo            Every coastal community in York           gur~qe We jetties a~qnd re~qs~qtom the              and Ogunqu~qit because school ~qoffi-
                                                           million or 1~q50 million gallons a day          County reported street Gooding,            dunes to Protect the area ~qf~qi~qv~qi~qn the         ci~qals worried about ~qch~qi~qldr~0q- wal~qi~qci~qng
                                                           and the treatment facility would              downed trees or ~qa~qi~qnapp~qed utility           ~qO~qm~qa~qn~q@                                       to school where power lines wore
                                                           wash out," he said 'We would never            Imes.                                        Cm~qP~q's Michael Bel~qand said                 dam Berwick Academy also was
                                                           be designed to handle (a st~qo~0qm like             A~qt Camp Ellis in Sam, an Eastern          workers in ~qt~qhe Birth Hill Road am           closed
                                                           Sunday's), we'd always have                   Avenue home that was heavily               ~qo~q(~qY~qo~qr~qk were ~qWr~qi~qaz~qe~qd at the damage,                 in Berwick police said a tree fell
                                                           overflow~q"                                     damaged ~qi~qn a March storm was               to trees and utility ~qp~qD~ql~qe~q&                  on a house on Blackberry Hill Road~q.
                                                             The storm forced Senate Majority            further pummeled by Sunday's                 *One of our guys - said it looked         Damage estimates were not imme~q-
                                                           L~qk~qader George Mitchell to cancel              wind-driven surf, and dinner               like a Scu~qt~q! missile had landed             di~qv~qi~qe~qly available~q.
                                                           speeches on Monday at the ~qUn~qc~qo~qln              patrons at Wormwoods Restaurant            th~qe~qr~qe~q4~q" Boland said.                               "it looks like a ~qhu~qn~qi~qc~qar~qie came
                                                           School in V~qinal~qb~qave~qt~qt~q, the North              an Bay Avenue were evacuated                 When a 75-~qfo~qo~qt-t~qall fir tree              through in a lot of places~q,~q" ~qBe~qland
                                                           Haven Community School and the                when police asked the owners to            crashed do- On Hal ~4qf~4qt(l~qb~qerg~q's               said
                                                           ~qIs~ql~qes~qbor~qo, Central School~q.                    close because the streets were             ~qb~8qwt porch in Ogu~qnquit, he ~qga~qth-             St~qq~0qf~0qf writers ~qM~qa~qr~0qf~0qt ~04qf~04qt~qle~qr~qt John
                                                             In ~0qM~qde~qr~q7 Point Richard Ar~qey                 ~4qf~4qtoded                                     ~qor~qed some b~qe~ql~qo~qr~qg~qi~qn~qg~qs ~qw~qi~qd prepared           H~qo~qo~q4~qy, Ji~qU Higgins and Brent
                                                           was drowning of a summer awl on                Sam ~qU~qw~qw ~qU~qw~qk ~qJ~qo~qh~qn~qst~0qM ~qw~qbo                   ~qb~qD spend the not in a b~qot~qe~ql.                ~qM~qo~0qM contributed t~qo Otis ~qf~qt~qp~q0r~qL



                                                                                                                     30
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~0







                          Pollution-Prevention Tactics
                          in the Guff of Maine

                          bV Melissa Waterman







                                                                                                                                powered by 250 billion gallons of fresh
                                                                                                                                water that enter t~he~ gulf each year from
                                                                                                                                the region's rivers.
                                                                                                                                  The vertical mixing brings critical
                                     MAINE                                                                                      nutrients into warmer, sunlit wa~l~ers,
                                                                                                                                where phy~lopl~ank~to~n are able to grow,
                                      ~0~.~1-~1                                                    ~i                                or "bl~i~t~t~im." Phy~t~op~lAnk~lon ~are critical
                               Polo~.                                                                                            to the ecology of ~th~e gulf because they                           ~f~l~o~h       n-~1 A"
                                                                                                                                serve as the base of its diverse marine
                                                                                                                                food chain. Over ~to~o species of birds.
                                                                                                                                73 species of fish. and 26 different                   urban sewage. Combined se~i~ver                       many acres of coastal wetlands
                                                                                                                                                                                       overflows in ma~t~iv cities allow nearly              mudflats by diking and filling.
                                                                                                                                species of whales, porpoises, an~d seals
                                                                                                                                reside in the gulf.                                    untreated sewage to enter the bays and              Estimates ind~ic~al~e that in flip, f
                                                                                                                                                                                       harbors of the gill(. The result has been           Canadian maritime provinces.
                                                                                                                                                                                       ever-~f~incr~e~a~sing closures of productive             approximately ~6~5 percent of ~qIi
                                                                                                                                In New Englund, an ai(I                                ~sh~e~l Ifish fiats (tire to contamination by          marshes an~d fiats have ~b~t~mn a]
                                                                                                                                proverb is being used as the                           fecal c~olif~orm bacteria.                            lost entirely. An indeterminate
                                                                                                                                philosophical foundation                                 The effects of population growth are              of acres of coastal wetlands ha
                                                                                                                                                                                       most acute during the summer months.                filled along the ~co,~i~z~;~t of [lie. ~qthr
                                                                                                                                      n which to build a                               During recent decades. t~he gulf region
                                                                                                                                    of'
                                                                                                                                ~6qVif~qfrent kind of marine                                has grown in status as a summer tourist
                                                                                                                                protection program.                                    destination. Acadia National Park in                The study concluded ~qh
                                                                            ~q                                                                                                          Maine and Canada's Fu~nd~v National
                                                                                                                                                                                                                                           exhaust and oil dr~ippi
                                                                                                                                                                                       Park In New B~run~s~v,~irk draw huge                    from the ~5,000 cars ~qth
                                                                                                                                  Although the Gulf of Maine remains                   numbers of people. each Summer; in                  through Boo~thb~oy Har
                                                                                                                                a fertile body of water, there are signs               1988 Acadia alone had over 4.5 million
                                 ~e~'v~e all heard a relative or friend        bottom contours of the gulf make it a               of changes occurring i~n its system. The                visitors. Many visitors travel along the            daily during the summ
                          W~admon~ish in a cautionary tone:                   semi-enclosed sea, almost entirely                  effects of the states' and provinces'                  scenic coastal rou~l~e~s. such as U.S.                 months could account
                          "Remember, an ounce of prevention is              separated from the Atlantic by                      increasing populations sire apparent not               Route 1. contributing ~to                            lead levels.
                          worth a pound of cure." While trite,              underwater banks, of which Georges                  only on crowded highways and in                        r~u~mpo~in~t-~s~ourc~e runoff from the roads
                          this proverb may well hold true both              Bank is the best known. The major                   coastal parks. but within the gulf itself.             to the Gulf lit Main, a~nd d _                  -
                          for personal behavior and for the                 avenue through which cold ~r~ice~en                      In the years between ~1~95~0 ~and 19~80,                  region's air quality.                               Some say the loss has affected
                          management of marine water bodies.                waters enter the gulf is the 761~-foot               huge swaths of agricultural and forested                 A National Marine Fisheries Service               fisheries, since estuaries and as
                          Around the notion we see strong                   deep Northeast Channel.                             lands disappeared from the gulf coast.                 study in 19~82 in ~R~oo~lh~b~ay Harbor,                   wetlands serve as nurseries ~qfor
                          environmental protection programs                   The gulf is surrounded by the states,             In Rockport, Maine, for example,                       Maine, revealed lead levels in crabs as             OF commercially valuable sp~qe~qc~qi
                          emerging only after evidence of                   of Massachusetts. New Hampshire. and                developed land within file. town                       high as those found in animals from                 plummeting populations of ~qbl~qa
                          degradation of land, air, and water               Maine and the provinces of New                      borders increased by 300 percent. As                   Ne~w York City and Philadelphia                      and other mig~r~a~lnry bird specie
                          becomes Inescapable. Millions of                  Brunswick and Nova Scotia. Recently,                more land is developed. less land is                   harbors. Research into the history of               further clues that critical c~qo~qr~qist~qi~qi
                          dollars era poured into the laudable              the states and provinces came together              available to act as a natural filter for               ~Bo~othb~ay Harbor unearthed no                        habitats along the entire eastern
                          t~i~v~sk of "cleaning up" the Chesapeake or          (~a create a program to protect the Gulf             runoff. As a result. more po~l~en~t~i~ally                  industrial activities t~hat might account            seaboard are disappearing.
                          the Great takes. However, in New                  of Maine and its abundant natural                   harmful substances site ~s.~ep~t into the                 for ~th~e. lead. Nor were the products of               T~h~en there are. the multiple I
                          England the old proverb is being used             resources before harm occurs.                       gulf.                                                  the municipal sewage. treatment plant               elements entering flip. Gulf of M
                          as ~t~h~e philosophical foundation upon                The gulf's reputation as a rich fishing             Large tracts of land developed for                   found to b~e the ~cu~lpri~l. ~The study                  system. Everyone ~i~s familiar ~qwi
                          which to build a different kind of                ground stems from a seasonal                        housing create a problem of sewage.                    concluded flint exhaust and oil                     highly degraded environment ~qa
                          marine protection program.                        abundance of phy~topl~ankt~on. To grow.                treatment. Much ~of the. gulf coast is                  drippings from the 5~.0~00 cars that pass             O~r S~a~l(~f~f~l~l harbors with v~arVing
                            The Gulf of Maine is one of the                 these microscopic. free-floating plants             either r~ockv, and hence unsuitable for a               ~thrnt~igh ~R~oothb~ay Harbor daily during               of severity, all the major ports ~qi~qt
                          world's most productive water bodies.             depend upon available nutrients and                 standard tank and field septic system,                 (he summer months could account l~o~t                 gulf sorter from the. effects of ye
                          Its plentiful resources supported Native          sunlight. In the Gulf of Maine.                     or composed nf sandy glacial ~o~u~l~w~ash                   ~the lead levels. Studies such as this               pollution. However, a less ~qvi~qsi~qb
                          American populations and drew bevies              phytoplankton ~ar~t~. abundant because                 soils, which can only marginally filter                indicate that the s~l~e,~idy increase i~n               problem is posed by the. t~i~qnmer
                          of European settlers to its shores. The           the surface and bottom waters mix                   the effluent of individ~n~al septic.                     seasonal tourists, ~i~vh~i~l~e beneficial for            rivets that eviler ~thr,~gulf. A~ql~qtho~qt
                                                                            vigorously, This vertical mixing is                 systems. In addition, ~a~s cities such a~s                the immediate ~ec~o~n~otr~iv, may have, a                U.S. ~a~nd Canadian federal g~qov~qe
                          (Waterman Is a Program       Planner for the      driven by the strong tides and currents             Portland an~d St. In~f~i~n grow, their                     long-term ~eff~m~t on the gulf.                        reg~u~h~r~i~l~e a ~i~m~u~t~ed number ~qi~qf i~qt~q]
                          Cliff of Maine of the Maine State                 that flow through the gulf. The gulf's              antiquated ~s~ew~a~g~i~! ~tr~e~a~f~fn~e~o~l ~sv~st~rm~s                    Over the centuries. both file                     toxic elements, a multitude of ~qt
                          P~in~t~inin~g Agency I                                counterclockwise current. in turn. is               provide onIv minimal ~Ir-~f~o~o~-~t~i~t of                     ~PT~OVI~T~IC~e~S and states have converted                substances for which standards
                    NOVEM~B~ER/D~ECEMB~ER 19~%                                                                                                                                       17     ~1~6
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~0


                                                                                                                                                                                       ~'Baykeeper~' would keel
                                                                                                                                                                                       ~4~0 The Friends of ~4qQ~ts~c~o         be hired until the right person is            was es~t~ab~qli~qshe
                                                                                                                                                                                       Bay want to hire an             found.                                        environmental
                                                                                                                                                                                                                         "It could be a fisherman, it could          ~cate the public
                                                                                                                                                                                       advocate for the bay.           be a scientist~, it could be an ~envir~on-           The bayke~qe
                                                                                                                                                                                                                       m~en~U~dist. We don't know," P~er~l~ans             full-time posi~qb
                                                                                                                                                                                                                       said. "Ultimately, you'd like to see a        to keep a cl~qo~qs
                                                                                                                                                                                       By CLARKE ~qe~AN~MEID               mixture of skills and wisdom found            mental health
                          A fin ack wh~a                                                                                                                                                                                in a fish~erTna~n, a scientist and a            as a catalyst
                                 ~h        t~q:~e surfaces Off the Maine                                                                                                                   5~fa~qf~qf Writer                    good people person."                          interest in It.
                          Coast. ~in the ~ckground is the Mi.
                          Desert Rock ~Marm~e Research Station of                                                                                                                        The. Friends of Casco Bay         Since the beginning of the year,                Pollution ~qp
                          the College of ~I~l~u~t Atlantic.                                                                                                                                environmental group is searching members of ~Fri~en~c~L~s of Casco Bay             have been s
                                                                                                                                                                                       for a ~"bayk~eeper" to be a steward and the Marine ~Iaw Institute at the         years, and ~qLh
                                                                                                                                                                                       and watchdog of Casco Bay. . ~ University of Southern Maine have             named a f~qecle
                                                                                                                                                                                       The group has started raising   discussed creating a bayk~eeper                malting $2 mill
                                                                                                                                                                                       money, is looking for a donated boat *position for the bay, a huge estuary    years to m~qen
                                                                                        ~E~M~W~A~L~r         With a little hell) from the National                                           and this weekend will s~t~aut advertis- that stretches from Cape Elizabeth      bay.
                                                                                                                                                                                       ing for the position.           to Cape Small in P~hippsburg.                      The baykee
                                                                                                       Audubon Society, Atlantic puff~ir~is ~a~r~e
                                                                                           -~V~-~1~0       returning to former ~o~es~ting islan~c~t~!; ~o                                         Donald W. Per~ldn~s Jr.; p~r~@sid~qent  The position is modeled after the           erated much
                                                                                                       Maine. T~h~e Gulf of Maine is s~(ill                                               of the group, said a ~h~~tyke~ep~rer won't Hudson River ~"riverkeeper,~" which      couple of m~qe
                                                                                                       relatively h~e~a~l~1hy as an ~ecosys~l~e~n~i.
                                                                                                       Adjoining stale's and provinces are
                                                                                                       working together to keep it that -,~iV~



                                                                                                                                       ~0 Establishing a Gulf of Maine
                                                                                                                                       Environmental Award program to give                                                                            towns fac
                                                                                                                                       recognition to the p~ol~lu~lion prevention
                                                                                                                                           ~v
                                                  ~.~4                                                                                   ~q:~ct~i iti~es of industry, org~r~iniz~ati~ons,                                         SOUTH PORT~I~,A ~D ~LAP) --                     It also could
                                                                                                                                        nd individuals.                                                             People living in the Portland                  th~e s~ewa~l~qt~qe f~qe
                                                                                             ~q_~7                                          It is ~antici~f~i~n~t~ed fire( the council will                                  area will have to p~ay higher sew-
                                                                                                                                                                                                                                                                   owners and ~qb~qt
                                                                                                                                       adopt the draft action plan in June                                          age treatment fees to help clean               P~cr~t~l~and.
                                 ~8q@~8qW                                                                                                                                                                                 up Casco B~ay ~by upgrading mu-                    "This would
                                                                                                                                       1991. However, ~t~he plan will always be
                                                                                                                                       considered a blueprint and will be                                                                                          tion the single
                                                                                                                                       reviewed and revised within five years                                       n~ici~p~a~l treatment plants.
                                                                               ~.~q-~,~n                                                                                                                                    T~h~e state and federal go                    in~g~th~a~t the ci
                                                                                                                                       of adoption. With commitment and                                                                                   vern-    its annual c~qap~qi
                                                                                                                                       support over the next decade from t~h~e                                        ments are pressuring the towns                       n
                                                                               .....                                                                                                                                                                               p~la , said M
                                                                                                                                                                                                                    and cities on Casco Bay to ~i~m
                                                                                                                                       public. the state a~nd provincial                                             prove their aging sewage treat-                Soule. ~"T~qh~qe ~qe
                                                                                                                                       ~go~v rnmen~ts, and the two federal                                             m~ent plants because they are ~I                 feet ... on the ~qc
                                                                               ~q-                                                       governments, the blueprint will grow                                         major contributor to water                     unbelievable."
                                                                               ~f~t~b 11- ~0- ~A~q@ ~K~@~.~W                                      into a sound and long-lived                                                                                                   The P~or~qtl~qan
                                                                                                                                       environmental protection program.                                            pollution.
                                                                                                                                                                                                                       South Portland, which wa~s                   which include
                              their citizens. including generations yet              environmental protection activities by                                                                                         sued last year by the           U.S.    ~En-    brook and ~q(~q:a~qt~q)
                              to come. ~. .~." With this language. the                 members of [be council. Highlights                  The Council on the Marine.                                                 v~ir~onm~ent~al Protection Agency                  d~ertak~i~ng a sit
                              Governors and Premiers echoed the                      from the action plan include:                     Environment, although still young, may                                       for discharging raw and           partial-     cost of $7.2 mi
                              principles stated in ~T~he United Nations'               Reviewing state and provincial                    turn nut t~o be the best avenue for                                                                                                om~mu~qniti~qes
                              repo" Our Common Future (1987)                         ~0                                                                                                                              ly tr~e~a Led sewage into t~he bay. is
                              which called for sustainable                           oil-spill contingency plans to identify           ongoing cooperation among the states                                         among the first to develop a plan              and Brunswick
                                                                                     methods for improved cooperation in               and provinces on R spectrum of marine                                        to improve its sewage pl~a          ~r~i~t.        costly sewage
                              development of the world's resources.                  the event of a major spill                        Issues. Development of the action plan                                                                                      ~ect~s mandated
                              The findings of the agreement                                                                                                                                                            The proposal, estimated to cost             p~ar~tm~ent of
                                                                                                                                       and initiation Of 8 regional Monitoring                                      from ~$7 million to ~$9 million, will            Protection ~qand
                              acknowledged that the gulf In its                      ~0 Developing a regional database of               Program are just two examples of the                                         more than double the capacity of                 Sewage treat
                              present state is, for the most part,                   current and historic environmental date           council's Initiatives within the Gulf                                        Ih~, city's ~17~-y~e~ar-~old treatment               Casco B~a~q% ~qc
                              healthy. The fear was (hat without                     In a format accessible throughout the             Program. Efforts to develop a regional                                       plant ~and ~a~r~ld a system to take                likely will ~qI~q@~qr in
                              prompt protection efforts by the states                region                                            environmental consciousness around                                           chlorine. o~ut of the treated wafer.            improvements
                              and provinces. the long-term health of                                                                   the gulf find expression in a variety of
                              the p~if would be jeopardized.                          ~0Identifying additional sites within
                                 The 1~98~9 agreement established a                    ~h~e gulf region that will provide habitat          public education materials,
                              Council on ~the Marine Environment as                   for migratory birds and devising a                collaborative da~t~a-man~agem~en~t projects.
                              a new international rg~an~iza~t~i~on                        regional plan to support protection of            and professional workshops.
                                                      ~0                                                                                  Historically. the Gulf of Maine has
                              Composed of appointed members from                     the sites                                         served as the physical and economic
                              the five jurisdictions, the council's                  ~0 Evaluating the need for a common                link between the three states an~d two
                              responsibilities include developing a                  critical habitat mapping system                   provinces. In practice, t~his g~eo~-po~li~tic~al
                              program for monitoring the quality of                                                                    link has proved to be strong and
                              the region's marine environment and                    ~0 Supporting a regional study and
                              writing a 10-y~e~nr Gulf of Maine Action                 valuation of restoration and mitigation           productive, as the G~ul( Working Group
                                                                                     a                                                 h~a~s shown. Clearly, the strength of the
                              Plan.                                                  ~1~q@hnique~s used in gulf coastal
                                 An Initial draft of the action plan was             wetlands and other coastal habitats of            Gulf Program comes from its genesis as
                              released by ~the council in December                    regional concern                                  an indigenous effort of the states ~en~d
                                                                                                                                       provinces. Although it is too early to
                              1990. Its thrust Is prevention; its theme              ~a~r Developing a Gulf   of Maine     Marine        predict the outcome of the program, the
                              is cooperation. By fostering ~*                         Mammals Protection Plan in order to               congenial relations among the Working
                              communication among the states and                     set priorities for protection of critical         Group, the Gulf Council~. and the
                              provinces. by improving availability of                habitats                                          g~r~i~v~ern~or~s an~d Premiers hold great
                              information throughout the region, by                                                                    promise for improved stewardship n~f
                              augmenting existing monitoring                         ~0Initialing an agency personnel
                              pro~grams---by these and a multitude of                 .Change program that will promote tire            this fertile, but ~fra~gil~r,~. water
                              other cooperative ventures. the plan                   exchange of ideas and information                 body. In this case. ~an ounce of
                                                                                                                                       prevention might eliminate the need for
                              paves the w~a~y for future compatible                                                                      a cure. c~i
                              NOVEM~B~ER~/~D~EC~EMBF~R 1~9~q%                                                                                                                                    19
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~0


                                                           urni~8qyg the Tide
                                                       Val, 3, No. 2 Gulf of Maine Council on the Marine Environment Apri~l/May 1991

                           Industry and Science join Forces in Gulf Research
                                      Bath Iron Works, a major U.S.
                           shipbuilder, and the Bigelow ~Lab~OT~a-             Dennis ~T~av~l~o~,~,
                           ~torv for Ocean Sciences have launched
                           a ~l~o~"~n~g-~t~e~rm research program to                 director of the
                           determine the environmental impact               L~b~o~,~a~to~n~:
                           of the Kennebec and Andr~o~s~co~g~z~i~n                 ~i~r~@~d~i~c~o
                                                                                                                                     ~J~ï¿½~4
                                                                                                                                         ~0qJ~0qW
                           river system or. ~t~h~e ~Gu~l~(of Maine.               ~r~q@~ne~be~c~@
                                      ~                        IV ~i                                  A~n~d~w~.~q@~D~g~g~,~,~A                                                I ~. ~,  ~.
                                      ~80qB ~, ~s ~tu~at~ed on th~e banks of.,        River ~M~P a ~C~,~:
                           Maine~s Kennebec River, kicked off ~th            ~G~u~l~f~o~'~f~m~@~;~n~e~
                           $~J~,~C~@~0~0~,~0~0~,~@ "~n~d~o~'~,~;n~)~cn~t goal w~i~th~a             Photo ~@~y
                           ~$~1~0~0~,~0~0~0 pledge ~t~o~N~va~rd a perpetual
                           research effort.
                                      William E. Haggett, B~IW
                           chairman     d chief ~e~@~2p~p~p~1p~1p~fficer,
                                      a"       t
                           ~a~ckn~ow~l~Ld~g~C~d ~tha research might
                           discover B~R~Y is a pollution ~5o~t~i~r~c~c~.
                                      "We war) ~t to continue as a
                           strong economic factor in Maine,~" ~h~e
                           said, "while avoiding any pr~ac~t~i~c~c~@~s          Action Plan Draws Reviewers' Comments
                           which could have an unacceptable ~en~.
                           v~i~ro~n~m~c~n~t~a~l impact," Haggett also                      After nearly a year of review        reviewers, prompting the question of
                           ~p~l~ec~l~F~ed to 5~c~c~l,~, financial Support ~t~o~,~-     and revision, ~t~h~e draft Gulf of Maine         how much a Plan "of this size and
                           the ~c~nc~l~owm~ent from other industries          Action Plan ha~s begun to identify             scope will realistically accomplish."
                           ~a~nd organizations along the river.            priorities for action in th~e Gulf region               Residents of nine New Brun-
                                      The ~R~onn~e~l-~e~c-And~r~o~sco~g~gi~n         Comments from over 75 private                 s~i~vi~ck communities worked with
                           is second only to the St. John as the         organizations, ~i~nd~widua~l~s, and state,         Janice Harvey, coordinator Of the ~Ba~\
                           largest river ~q;~N~ls~t~em in th~e Gulf of          provincial and federal agencies have          of Fundy Project, ~t~o ~pT~o~%~id~e specific'
                           Maine~. ~Its w~a~qit~er~sh~ed encompasses             helped identify flaws within th~e draft        comments on the draft Plan.
                           I~qV~N~I~s~q~u~ar~c~, miles ~o~f Maine and New            Plan as well as some of the most
                           Hampshire with an approximate                 pressing issues facing the states and                  Their 54-page summary
                           water flow of 37.5 billion gallons a          provinces.                                    contains 37 recommendations com-
                           ~y~e~a~r~@                                                  M~an~), Of the comments                piled from citizen comments made at
                                                                                                                       community meetings held in ~qJa~nua~r~@
                                      The river's plume, flowing         received focus on the need for the Plan       and February. This summary was
                           ~S~o~U~t~hw~e~s~t along ~t~he coast, c~ar~r~i~c~s            to d~e~t~c~rmi~n~Q funding Sources, ~B~e-             presented at the Working Group
                           ~si~i~s-~,~x ~nd~ed sediments, wastes and            cou~nt~abi~l~it~y and responsibilities             meeting held in March.
                           ~a~s~5~v~c~l~a~l~cd pollutants ~t~h~a~@ ~s~c~i~o~n~t~i~s~t~s         among agencies.
                           ~su~s~,~,~@~cc~t have ~-                                                                                      Revision of th~e draft Action
                                         a pronounced impact on                   As o~n~e c~omm~e~n~to~r noted,              Plan based on the comments received
                           environmental quality of the Gulf.            "Without specifics in the Plan, it will       is underway. A final draft of the Plan
                                      Despite its size, little r~e~s~p~arch  be easy for governments to agree              will be presented to the Council on ~t~h~e
                           ~ha~s been conducted near the mouth of          without realizing the implications of         Marine Environment at their summer
                           this river system. Initial funding            the actions proposed.- The scope of           meeting in Bar Harbor. ~9
                           coupled with long-term commitment             ~t~h~e Plan was also an issue to many
                           to the program - The Kennebec Area
                           Research Endowment (~K~.A~.~R~.E.~)-wil~l
                           provide the first scientific attempt to
                           study the river ~sy~s~t~ern~'~s influence over
                           a~n extended ~t~im~q@~.
                                                                                                                             KENNE~qBE
                                      Scientists at Bigelow La~bora-                                                                          ~qC
                           ~tory, an independent oceanographic                     In the program's first year,              WATERSH~q@~qD
                           ~i~ns~qii~tu~t~i~on in B~oo~t~bbav Harbor, view         Bigelow scientists will stress the need
                           ~K.A.~r.E~a~s a self-sustaining program        to inform business, government and
                           of environmental stewardship sup-
                                                                        private citizens about ~K~.A~.R~.E. and
                           parted by a coalition of industry, the       h~o~%~v it can serve as a focal point for
                           private sector and the public.               environmental research and education
                                      Dennis Taylor, Bigelow            in mid-co~as~t Maine.
                           director, says the program ~r~e~p~r~e~-~wr~i~t~s                 Initial emphasis will center on
                           a d~qC~qp~q3~qT~qt~qUT~qC from traditional ~qe~qnvi~qr~qon-        the estuarine and coastal waters
                           mental research efforts in that it           between Mon~qb~qeg~qan Island and Cape
                           pr~qov~qid~qess~qu~qpp~qo~qr~ql for long-term,               Elizabeth, including Casco Bay, and
                           rather than short-term projects.             the quality of freshwater flowing into
                                      Dr. Peter L~qar~qs~qcr~qi, senior         the area.
                           scientist at Bi~qg~qo~ql~qow and principal                     Project areas include resource
                           ~qinv~qc~qs~qti~q@~qa~qt~qor for ~qY.A~q.~qP.E~q., first ~qs~qu~qg-        mapping and evaluation, hydro~qgra-
                           g~qes~qt~qed that ~qt~qh~qe Kennebec and Andr~qo-          p~qh~qy~q, contaminant distribution ~qand
                           ~qs~qo~qa~qg~qgin Rivers might be a source of          transport, biological effects studies
                           Casco Bay p~qo~ql~qh~qi~qtion after studying           and the natural history of important
                           scientific reports of high concentra-        ecosystem components.
                           tions of toxic substances in the b~qav~q.
                                                                                  A ~q12-m~qem~qb~qe~qr Adv~qi~qsorv Board
                                                                        of scientists, environmental ~qa~qn~4q@
                                                                        business representatives oversees the
                                                                        program. ~q8

                                                                                                                       Mier ci~qr~qc~qu~ql~qa~qt~qi~qp- ~qt~qf~q@~q, ~qC-~q!~q-   M~q,~q,~,.~qc    ~qr~qf~qa~q!~q@~q@~q, ~qt, ~q!~qP~q, K-~qe~qb~q.~q-~q,              ~qm~qy--~qt~qe~qn~q;
                                                                                                                    33
 












                                                                                                                                                                  3. Monitoring plan is completed
                                     Gulf of Maine                                                                                                                The Council Is Marine Environmental 
                                                                                                                                                                  completed the Gulf Monitoring Plan
                                     COL1116d] oil the Marine Env] roll ill ent                                                                                    March. In February, the Committee
                                     state I louse Station H39, August-', Main(, CA333                                                                            strategy which they will present to
                                                                                                                                                                  The Committee met recently with a
                                                                                                                                                                  attended the January, 1991, Woods Ho
                                                                                                                                                                  focused on appropriate methods for
                                                        Gulf of Maine Program Highlights                                                                          monitoring program and on how the m
                                                                        February 1991                                                                             used.

                                                                                                                                                                  4. Environment Canada continues sl
                                                                                                                                                                  Environment Canada recentl0F 6ontrib
                                   1.    Funding the Gulf of Maine Program is released                                                                            to support activities from the
                                                                                                                                                                  Environment Canada, like the US
                                   In September, 1990, the Gulf Secretariat and the EdT11011d                                                                     Atmospheric Administration, is a me
                                   Muskie Institute of Public Affairs in Portland, Maine,                                                                         and has been exemplary in its coin
                                   began exploring non-governmental sources of fundin that-                                                                      during the past three years. They ar
                                                                                                              f program. In                                       contribution.
                       oin@        might be used to support elements of the Gul-
                                   February Funding t e Gulf of Maine Program was released.
                                   The report focuses on three items - private found,)1ions                                                                      5. Draft Gulf Action Plan review
                                   likely to support the Program, charitable donations and                                                                        The comment period for the draft t(
                                                                                                                                  Is                              on February 15. Comments on the con
               @SMS            tax-related issues, and examples of funding initiative
                                                              waterbody management efforts. The r(,port                                                           were received from the provinces
                                   from comparable
                                   provides a series of recommendations for the Finance                                                                           multitude of environmental organiza
                                   Network to begin work on-                                                                                                      comments will be made during the
               WUNSWICK                                                                                                                                        Gulf Working Group.
                                   The Secretariat has entered into a subseuent contract to
                                   identify in greater detail individuals and corporations -in                                                                   6.     Canadian Green Plan released
               .AR-W@         the Gulf region that have or are likely to provide slirport                                                                   The Canadian government released th
                                   for conservation-related initiatives in the Gulf.                                              In                              this year. The Green Plan lays forth
               WP94W           addition, a funding case statement for the Program wi I I be                                                                   by the federal and provincial g
                                   prepared.                                                                                                                      general public to support a sustain
               Dp..=.f                                                                                                                                           Special attention is focused on the
               - WS-k.                                            Network begins work
                                   2.    Gulf     Financial                                                                                                       Examples of sections that are par
               AOM              The Finance Network received a copy of                           Funding the G11117 of                                         region and to council activities in
               -.(@.                                                       materials during the month. The
                                   Maine Program and other
                                   Network consists Of nearly 20 professionals in the reion                                                                                    government support for ef
                                   with      extensive expertise in financing. In June, the Network                                                                                spots" over the next five
                                   will      submit recommendat ions to the Council on four issues:                                                                                plans.
                                                  how can the Council supplement and complim(-,nt                                                                         -     development of a 5-year Oc
                                             existing          fundraising              efforts           among         pr i1pppp                                                at     reducing         the       disch
                                             organizations in the Gulf?                                                                                                            persistent debris into th
                                                  how should a Gulf-wide non-profit entititY                                                                               -   implement the compliance P0
                                             structured to solicit and distribute private support                                                                                  provisions of the Canadia
                                             for the Program?
                                             .   how can the Program identify the most appropriat'E,                                                              People       interested in learning mo
                                             private funding sources likely to support the Proo;an)?                                                              encouraged to call Environment Cana
                                             * what are the essential elements to a public/privat.v
                                             partnership that can support the Gulf Program?
 

~0




                                                   Pe~8qnob~4qs~'~4qc~4qo~qt`
                                                 On ~9                              'ranked fourth
                                                             Most
                                                Basin Mills put's Penobscot
                                                ~2q9~q,~6q9 most-endangered rivers list-,
                                                                I. D~,~,                  Commission for Basin
                                                                                                               Mills'
                                                   Washington BUr~e~au                    A spokesperson for Bangor Hy-         Endangered rivers
                                                                                        dro indicated that the company        The 1~0 ~U~@~S~. ~f~ly~w~s ~r~n~os~t ~w~x~lan~g~e~e~d by
                                                m~8q4~qA~q'HINGT~q'N - An environ-               would respond to the American         ~hyd~(o~o~le~ctr~i~c darns, mining ~op~e~ra~t~io~m~,
                                                 ~t~a~q, group here ranked the              Rivers press conference, but did      pollution, land development and other
                                                ~qFe~l~ql~obs~c~o~t as one of America's          not do so Tuesday.                    m~an~@~-m~a~d~e threats:
                                                "ten most-endangered" scenic            According to Huntington, the
                                                rivers Tuesday as a result ~of           i~8-f~o~ot-ta~qll Basin Mills dam              Colorado River, Arizona
                                                Bangor Hy~qdr~o-E~le~ctr~ic Co.'s pro-        would create a 325~-~a~cr~e reservoir         A~ls~ok end T~a~l~sh~onsh~i~ni rivers,
                                                posed ~3~8-m~eg~aw~a~tt darn at Basin         of still water extending 3.6 miles        Alaska and Canada
                                                Mills,                                  that would impede the move-               American River, California
                                                "More than $~io~o million his             ment of salmon up river to ~t~he~tr          Penobscot River, Maine
                                                b~e~c~i~~, spent to clean up the Penob-     spawning grounds.
                                                scot so that it can support Atlan-                                                Susquehanna River.
                                                tic salmon again, Basin Mills           The Maine Public Utilities
                                                                                        Commission dealt ~t~he project a            Pennsylvania
                                                would reduce the chances of re-         major setback last July when              Upper Mississippi River,
                                                storing the salmon from 79 per-         three commissioners voted to r~e'          Upper Midwest
                                                cent ~to 39~' percent," said              ject the dam application, dec~qlar~-         Columbia and Snake rivers,
                                                Matthew Huntington, ~c~o~n~s~e~r~v~a~l           in th~er~ewa~s no immediate need
                                                Lion associate for American Riv.        ~q9                                         Northwest
                                                ers, which      has     opposed         for electric power produced by            Gunnison River, Colorado
                                                                                        the project. The PUC decision
                                                construction of an), new dams           does not prevent Bangor Hydro             ~P~a~s~s~a~i~c~~S~i~v~er~, ~qN w jersey
                                                ~acr~os~@~, Maine~'s largest river.                                                                    ~8      ~2p~p~                                                                                        from continuing to pursue a fed-          New ~R~q@~a~r~, North Ca~x~o~l~i~n~a
                                                Huntington said his         ~s~s~e~s~s~-
                                                                          a             ~er~al permit.
                                                merit of chances for restoration        Among ~the other rivers cited
                                                of ~t~he Penobscot salmon ru~n was         as being the "most endangered'     I
                                                based on a study by the U~,S~. Fish       by American Rivers were the
                                                and Wildlife Service,                   Colorado, upper Mississippi, Co-      s"~1~0~: ~A~i~n~e~d~c~a~n ~N~o~t~s     ~q"~1~J~Q~H ~m~a~q~r~*~"
                                                Since 1973, American Rivers
                                                has helped w~i~n protection for           lumbi~a and Snake rivers.                  other rivers on the group's
                                                more than 9~,3~qM miles of ~ri~0~er           "The problems affecting these         ~qn~9~l, list, in order, are: the Al~sek
                                                under the federal Wild and Sce-         rivers are symbolic of problems       and T~a~t~shenshini rivers in Alas-
                                                nic Rivers System, However,             facing other rivers that are being    ka; the American in California;
                                                American Rivers President ~K~ev-          treated as sewers, industrial         the Susquehanna in ~qPennsylva-
                                                in Coyle said ~6~D~O~,~0~00 miles of the      backyards and generally abused        ~n~ia; the upper Mississippi in the
                                                nation's 3.5 million river miles        around the country," Coyle said.      U~0qf~0qfer Midwest; the Columbia
                                                "already lie motionless behind          T~qhe Colorado River in Arizona         an             the ~qSn~qA~-~e in the Pacific
                                                dams ... (and) countless more           headed the n~on-profit group's         Northwest; the Gunnison in Colo-
                                                are drained nearly dry or choked        sixth annual list of rivers most      rado, t~he Passaic in New Jersey
                                                with po~l~l~u~t~i~qm"                          threatened by hydroelectric           and the New River in North
                                                American Rivers opposed                 dams, mining operations, pollu-       Carolina.
                                                Great Northern Paper Co.'s Big-         tion and land development. The            The Colorado River, which
                                                A dam project during the last de-       rivers are considered for the list    helped carve the Grand Canyon,
                                                cade and has filed as an                based on the significance of the      is threatened by the Glen Canyon
                                                intervener against ~qBangor-~qH~y-           river, the degree of threat to its    Dam 16 miles upstream from the
                                                dro'~s application before the Fed-       waters and the imminence of t~qhe       Grand Canyon National Park,
                                                eral   Energy        R~e~gu~qf~,~q@~tory        threat, Coyle said.                   Coyle said.
                                                U.S. wildlife service opposes Basin Mills
                                                The U.S. Fish and Wildlife Ser-         r~qious questions about the project     on Friday to request intervenor
                                                vice has announced its intention        and also wanted intervenor sta-       status.
                                                to intervene in opposition ~qt~qo the       tus in the FER~0qC proceedings.              Review of the Basin Mills proj-
                                                proposal to build a new dam at          The town of Bradley has inter.        ect by F~qERC is expected to be a
                                                Basin Mills in Orono when the           vened in support of the $115 mil-     long proem, perhaps r~qunn~qin a
                                                project is reviewed by the Fed-         lion project.                         year or more. The project a~ql~4ql~qs~qo
                                                eral   Energy        Regulatory         An attorney for the Depart-           requires a permit from the
                                                Commission.                             ment of t~qhe Interior, of which the    Maine Department of Environ-
                                                Last week the Environmental             U.S. Fish and Wildlife Service is     mental Protection and the Maine
                                                                                                                              ~;516qL
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                                                Protection Agency said it had ~qs~qe-       a part, wrote to F~0qERC officials       Public Utilities Commission.






                                                                                                                              35
 

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                                                                                                                                                                                                                                                                          ip~o~o N~( ~R~l~
                                                                                                                                                                                                                                                                                ~1~)                               NUMB
                                                                                                                                                                                                                                                      ~i~l~md~o -     .... I. I ~(h~.~. ~f~o~l~l~m~'~.~.


                                                                                                                                                                                                                                                      lion"
         Growing pains in Maine salmon aquaculture

                                                                                                                                                                                                                                                      ~I~,~V tile                  I of M~.~1~
                                                                                                                                                                                                                                                      rin~e R~e~,~o~u~i~cv, (~I)~KI~R)
                                                                                                                                                                                                                                                      ~t~o~id~e~i ~Ow ~-~;~t~M~v~, Aq~o~a~,              ,~1~1
                                                                                              ,o~n~sidv~a-~a~h~I~c growth potential.                    concerns can                               ~@~o~i                                                       ~t~e~w I
                                                                                              III fact, t~i~t~,~, M~.~1~in~e ~'~t~a~t~e Plan-                 ~i~n ~un~iv~i-~gi~n~g                                                                ... By 1992,            a number III o~t~1w~, ~S(~a~t~v
                                             N~CR~I ~i~s funding ~a project in-                    ~n~i~ng Office estimated that ~b~v                      d~o~s~try.
                                                                                                                                                                                                                       the    ~C~conof~nic
                                             ~k~-~w~i~v~d It~, treat the growing                     ~1~1~1~1~)2~, the ~e~c~o~n~o~n~l~i~c Valise ~o~f                          In PISS~, I", -~m~i~l~l~,~l~e~, ~w~v~                                                                           ~( III
                                                                                                                                                                                                                  value       of f~arn~ied                                                   v~s
                                                                                              ~f~l~r~l~l~l~C~d S~0~1~1~1~1~0~1~1 WOU~ld n~e~ar~l               ~%~
                                                                                                                                                 were withdrawn d~uc it, local                                          sa~in~io~n (will)                 ~r~w~t ~n~.qm~w ~m~i~.~,~,~p~@~@~w~o~l~l~i~l~l~e
                                             I~n~e~all~s ~t~o~ad~a~r~l t~h~e state's regal~-               i~nd~o~s~irv~and almost ~e~q~oal ~lh~a~l                      opposition~. Coll, ~C~1~1~1~0~ho~i~l~l ~O~w                                       nearly double                  lease; ~l~e~.~i~s~v~s are i-~@~i~cd ~i~t
                                             ~l~a~t~orv framework t~o~enc~our~age                     ~o~f tile ~P~,~o~t~a~to ~ind~t~i~st~ry. ~M~a~i~l~l~e ~,                p~o~l~en~t~i~a~l~adv~e~r~~"~. ~i~t~i~l~l~'~o~r~t ~o~l~nq~-                                                                    h~v~app~l~i~c~a~T~I~C~S option~I Ills                     A~QUACUL
                                             ~s~i~n~o~i~qi~-~s~c~a~l~e, ~h~ic~a~l salmon farm-                 economy needs ~a~(~l~o~a~c~t~i~l~tu~l~e~,                       ~oa~ct~i~l~t~or~e resulted i~i~i~,~l ~h~-~gi~s~l~a~                                           that of tile            ~q;~q;~'~O~ph~o~l~i~. Cavilled ~i~t good                      Maine. have
                                             i~n~g enterprises.                                 ~i~n~(~] ~t~h~e state's clean w~at~er~s~,~stlit-               five bill (~LD 23~52)~ A, pro-                                          state'- lobster                , Cal ~if ~con~l~l~q:~1~1~1~(4~@~y when                      years. Cont
                                                               ~T                                                                                                                                                                                                                                       appear,; ~qs~qt
                                                  The pro~qj~e It by ~t~h~e Marine                  able water temperatures, and                       posed, tile bill I~"~(           ~I~~I hove                               industry and                   one -~1~11-~ol~l ire o~p~c~r~a~t~i~o~o
                                             ~I.~;~i~%~%~-~I~i~istit~i~t~i~coftl~i~t~-~t~)niversity             strong tides ~o~n~c~our~ag~ed~a mini-                     increased v~a~ri-~i~s cr~ivir~o~n-                                                                                                                           mounting p
                                             (if ~Nf.~iin~c ~c~kh~o~o~l (it ~I~iw deals                 ~b~oor~n ~I~l~i lease applications i~n                    n~iv~i~i~(~al control~, ~thr~o~t~t~,~-~,h:                                         ahno~st equal                   ~es~s and ~c~r~e.~1~l~ed ~@~, ~1~1~1~1~1~1~1~1~"~.r
                                             will, ~, ~(~x~g~a~l ~M~o~h~m~i~,                                                                                                                                                             ~iha~( of ~th
                                                                          ~ for Pro-          tile late ~1~9~F~A~)~,~ (See ~d~i~a~g~r~a~i~n on                 ~- ~R~e~'~t~r~i~,fiv~e ~'~ifi~o~v~, and mo~l~'~i                                                               ~e
                                             motin~g Local Salmon             Farming          facing page.)                                      t~orin~g ~i~t~-q~uir~e~n-~o~t~s;                                            potato indt~i~s~try                    could h~av~o ~hc~en resolved                         operations~q,~q(
                                             ~Op~"~l~a~t~ion~s in Down East                                Despite t~h~e growth (if the                   ~- R~us~hictions on ~t~h~e use of                                                                          ~t~h~row,~"~l~, ~O~w ~l~o~a~@~i~i~l~g process~.                   lower ~qe~qn~qv~qi~qv
                                             M~,~ii~i~i~e.~'~*U~iit~iert~l~ieNCR~igr.~i~i~it,                ~aq~u~a~c~o~ltur~e industry i~n Maine,                     pesticides, ~f~ec~q&-~i~nd~a~nt~i~bio~l~-                                                                              ~1h~e D~op~a~i t~i~n~e~n~t ~i~f ~K~l.~irin~e               Allowing ~qs~qt
                                             Maine~s ~n~-g~o~l~a~t~or~v framework                     it is still comparatively ~s~i~n~a~l~l~.                  ~i~c~s~;                                                                                                 R~e~s~o~u~r~c~,~" ~qW~M~R) did )ilia ~c~o~l~l~-                   o~b~l~a~i~l~l lease
                                             is ~h~v~i~n~g examined to identify                    Only 19 f~i~nfi~s~h ~i~q~u~a~cu~l~t~or~e                        ~- ~Irn~p~o~r~i ~i~i~i~n~i~l~a~t~io~n on ~S~o~l~"~l~l~s~;                                                                    d~o~c~t ~;~I p~u~bli~( hearing, and the                  as they ~qme
                                             -~ay~s t~i~t address public policy                   ~l~e~ises~,~q@~ct~ipyi~i~ig5~O~O~icre~,~%~,~,ire                    , Operator bonding require-                                                                          project ~%~,~,~.~I~, sited i~n proximity                r~eq~uir~v~qi~qn~qe~qn
                                             c~(~,~ii~c~er~i~is~%vl~iile~.~itt~l~i~esa~i~i~i~eti~i~i~i~e            currently active i~n t~h~e state,                     ,,calls.                                                                                             to a ~n~oi~n~l~ic~r ~(~i~f ho~r~n~e, whose                   th~e~rn of ~qr~qe~qq~qt
                                             ~C~o~CO~L~l~ar~a~g~e growth of t~he ~aq-                    p~r~o~r~luci~ng 890 metric tons of                           T~h~e legislation n~i~e~t with                                                                       O~%V~oc~r~@ ~C~oIn ph ~I n~e~d ~o~f~e~X~c~e~s~s~i~v~e                as Costly~q, ~qo~ql
                       (~~                   t~i~a~c~t~il~t~or~e industry, especially                 ~cu~i~tur~ed salmon. ~l~i~t contrast,                     strong resistance front ~t~h~e ~aq~                                                                      noise Ind ~o~f L~Ii~I~Ii~(~_~I~I~i~I~V With                  ~es~s~a ry~.   I
                                             by ~s~ni~a~l~l-~s~c~a~l~e operators. The                                                                                                                                                                           ~n~av~i~g~a~l~i~o~n~a~l .~1~o~.-S to t~h~eir                            ~Op~qp~qo~qr~qt
                                             r~t~,~i~,~,~t~i~l~.~i~ti~(~i~i~isareb~eit~i~,~g~ro~i~ilp~,~ir~(~@~d         ~of F~o~nd~.~y~, just northeast of                       was referred to ~I ~s~t~i~l, o~n~i~mi~l-                                                                      ~1~,~ropc~i-~h~e~s~.                                     n~a~t~er~"~qWr~qati
                                             ~w i~1h those of New Brunswick,                    Maine, ~i~s estimated to exceed                      tee fair modification                      ilia-                                                           ~I~t~y ~o~.~o~id~i~n~I,~, D~MR siting                  ~r~Q~i~t~n~"~qI~q'~ql~qo~qt
                                             Canada, to determine how ~lo-                     4,200 metric tons. Estimates                       t ~her study ~(~,~i~t:                                                                                    ~s~t~and~ord~s, l~c~s~@~ron~s~c~i~vn~ti~ou~saq-                  r~e~quir~en~qi~qen
                                             ~c~a~l ~b~e~r~i~efi~t~s might be ~encour-                   front W~ashingtonSt~at~e indicate                     ~- The likely environmental                                                                           ~o~ac~t~il~l~or~t~-~op~t~-r~ati~o~n~s h~avcd~an~i-                 ~C~or~p~@ of 1~q7~q1
                                             ~ag~vd~.                                            t~hat 4,4~(~X)~n~i~et~ric tons of ~f~ar~t~n~ed                 ~i~m~p~l~c~l~s ~I~f ~fi~n~fi~s                          lore                                                      aged the in~i~o~g~e (if ~th~o industry.                currently ~qa~ql
                                                                                                                                                                       ~@ ~h,~(~I~l~l~.~1~r~o~j
                                                   The findings will include                  salmon were prod~t~ic~ed i~n 1989,                     and                        ~if ~s~t~a~l~e~a~nd                                                               M~and~a~l~o~u~x~, I~v~as~e~s f~m all ~o~p~er~n-                  lure op~qer~qa~qli
                                             recommendations for p~oblic                       and Western Europe produces                        ~f~ed~e~ml laws;                                                                                         ~l~or~s ~w~ou~l~t~h~i-~I ire I h~o p~u~bli~c~a~nd                problem m~qa
                                             policy makers for r~e~d ucing~b~ar-                  over ~8~0~A~qW metric trials.                           ~- The ~e~conon~l~i~, ~imp~a~c~i~s of                                                                           ~lh~e ~i~nd~o~,~t~iv ~I~l~l~a~t ~.~1~1~1 ~aq~u~o~c~t~d~-                 when file ~qF~q,
                                             ri~v~i ~s In entry by small-scale ~op~-                     Growth (if t~i~t~(~- in~d~u~s~trY,                   ~e~xi~stin~v~, stale ~pol~i~t-v ~(~i~n the                                                                                                     ~i~ni~nir~o~ur~n        ~l~ec~ti~o~n Ag~qe~qn
                                             ~c~i~a~to~ar~s, reducing opposition,                   however, May he c~o~n~s~t~r~'~l~i~n~e~d~                      ~e~an~e~ig~i~n~g ~aqu~,~w~ol~l~m~e ~i~m~i~t-                                                                           ~si~l~i~og and ~woni~lo~t~i~n~g r~e ~oir~e-                   its plan to
                                             and increasing local benefits. A                 ~-n~i~epr~(~i~lifer~iti~(~ii~i~i~)f~lp~l~i~li~c~iti~(~@~i~i~s             ~t~r~y~'                                                                                                 ~I~n~ent~s designed ~t~o ~I~N          Ioid  q~envi-      charge lic~qen
                                             handbook will ~al~s~ob~v~i~tr~ep~ar~ed                    ~h~as raised environmental Con-                      ~0 ~q@~a~rcomr~n~e~nd~a~lion~s ~(~(~i~t ~a~dd~i-                                                                       r~on~r~nun~t~,~)~l in~ip~o~c~t, ~i~n~,~] ~o~s~e                    AC~O~F~qa~qnd I
                                             to assist small-scale operators                  cern~s and led to conflicts with                    ~t~i~on~a~l policies to ~add~i~c~s          . ......                                                          ~o~l~i~l~l~i~c~t~,                                        ~th~a~t~r~"~'~qid~q"~ql~qi~ql
                                             i~n dealing with ~t~he complex                      competing marine uses, ~cre~at-                              both ~bv ~t~h~e i~n~,h~i~s~irv~,~in~d                                                                          Maine ~1~VO~-~I~ld ~1~1~C~F~1~1~4i~t Sig-               ~S~l~a~t~e~A~nd F~qCL
                                             s~l~a~l~v~and ~f~ed~e~r~a~lr~eg~ull~a~tory~pr~o-                  in~r resistance and o~ppo~;~i              I ion       c~er~n~s                                                                                                ~"~i~ti~c~an~l~Iv ~f~i~~,~m ~t~h~e adoption ~(~i~f                ~t~l~o~i~wnw~qo~qt~qs~q,
                                                      Th~(                                                                                        ~A~bo~l~l~t ~I~b~e ~'~.~1~q;v~iroon~ic~n~i.                                                                           a                              approach~,         permits ~q;~qir~q(
                                             groin.        - handbook will offer              to salmon ~a~t~i~t~i~ac~ul~t~ur~e ini~li~a-                         Th~e~so~l~i~commi~l~t~o~, s ~s~l~otIv
                                             ~a-i~s~l~anc~e i~n preparing an ~aq-                    lives. These concerns threaten                     w~,~,~,~,~s re~c~e~n   ~fly completed and                                                                                                                      r~e~qui~Y~e~qin~qe~qn
                                             ~t~w~c~o~lt~ur~e least- application,                    to in~i~p~e~d~e fu~t~or~e development                      sent ~I~l~i t~i~t ~es~t~a~t~e~l~v~i~l~i~s~h~l I Ill- ~w~i~l~l~i                                                             ~l~o~t~, Slaw, I          I ~op~on annual              ~i~ni~t~s ~v~qill r,
                                             co~mp~Iv~i~n~g with environmental                    of~a~b~oon farming i~n Maine, ~v~s-                      ~5~, ~gn~if~i~c~ari~t r~e~co~n     ~iI ~n~i~vn~d~a~tion~@.                                                             fish ~prod~m-t~ro~n levels. All ~q~e~a                  ~c~r~a~ti~o~n~q.-~qlu~qn~qo
                                                                                              p~eci~a~l~ly if they lead to ~c~o~st~I~V                    The M~iri~n~e Law ~l~n~,~l~i~l~w~e l~mr-                                                                         ~(~a~r~t~o                   in Maine are             ~a~g~e~m~-~i~"~q, Ilia
                                             and i~n d~e~V~vIopi~n~i; ~I ~b~o~sin~es~s                    p~r~v~-~I~c~.~1~*~s~e ~s~orv~ary~s and ~exp~en                                                                                                                          ~c~u~ir~c~t~i~l~k~, ~Ir~o~i~l~o~l ~ali~k~(~@ r~c~t~ard-
                                                                                                                                                 ~t~i~c~ip~'~l~l~ed in ~th~e~s~u~h~. ~on~'~t~i~l~i~l~l~e~c~"~,
                                             ~s~i~rm~"~l~urv~.                                       ~s~iv~e monitoring ~r~e~q~oir~em~ent~s.                      ~1~1~1~1~1~1~y~, C~"~'~I~l~l~i~a~l~"~.~1 It~,~-                                                                           I.- of Owl~, ~,~/~"~. This objects
                                                                                                                                                                                                                                                                       ~I~,p~rr~a~lion~, l~o t~i~t~(~,
                                                                                              ~l~e~g~i~s~ht~or~e banned finfi~sh ~a~tl~-                                                                                                                                   ~,~g~o~t~ot~r~, ~l~i~t ... l~i~l~ori~n~,; ~ond
                                             ~O~c~a~l c~m~~6~onn~ic~t~i~t suggests                       ~t~o~c~u~l~t~i~tr~e i~n ~qJuIv~, ~1~9~9~0-~su~ch                              ~C~on~l~i~l~l~o~v~s ~I~"~c~i~l~i~l~l~, ~p~a~g~c~                                                                  ~i~o~,~l~i~n~g                              large

          ~2
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~0






                           1~ ~ COMMERCIAL FISHERIES NEWS ~ APRIL I~NI
                                                                                                                                                                                                     Our intention wou~Ld
                           Maine budget shortfall                                                                                                                                                    be to ~use ~l~qi~ce~nsefee
                                                                                                                                                                                                     increases to support
                           to take DMR toll                                                                                                                                                          Law enforcement.
                                                                                                                                                                                                                                 Bin 1~3~q@
                                Deep cuts include enforcement, science
                                                                                                                                                                                                                           DM~R ~W~M~A~U~qW~on~c

                           AUGUSTA, ~)~@~qE - ~T~he Maine                        Service, with the exception of its director
                           Department of Marine Resources (D~MR)            Phil Av~e~ril~l~, will also be ~e~xased if ~th~e
                           could be mired in the state's deep financial    D~M~R'~s budget is not reinstituted~.~, In
                           trouble, and forced to make cuts that would     addition to the proposed 25 layoffs, 14
                           'lash away at the agency's very                 vacancies will not be filled, and both the
                           foundation. Proposed D~MR budget cuts            operating and capital expense budgets will
                           call for the elimination of two whole           be slashed.
                           divisions, several programs, and 16~% of            Burton Blanch. former president of the
                           ~h~ ~d~ep~2~r~tm~en~t's personnel - all starting       Maine A~qUa~CU~ILU~M Association. was
                           July I. twenty five people, in~rlud~in, ~12        s~l~i~t~ick~od ~to learn ~of the extent of h~e
                           marine patrol officers, could be laid off.      DMR~'s proposed budget cuts.
                           The D~N~IR~'s bleak future is tied directly           ~"Aqua~cu~l~tu~ir~e is bringing millions of
                           to Maine's battle to accommodate a              doll= into the state ~O~qW were never here
                           pro~4q*t~od %I billion budget shortfall in the      before," he said. "it has done mom for
                           next bi~en. ium, fiscal years (~FY) 1992 and      economic development in o~ur area                     procedure called "bumping" within state              within the Bureau of Marine Science once
                           ~993. The D~MR accounts for only 3/~10 of         (Cobsrook Bay. Eastport~, Lubec) than                 government which allows personnel with               the procedure begins.
                           ~% of ~the L~O~qW state budget~, which is about      anything else. We ~(~a~qu~a~cu~ltur~i~ns) need               ~the most s~e~r~tiority to have the greatest job            Regarding the general whittling away of
                           what it costs to fund less than two days of     the D~MR. The DMR has always been a                   security. Though the positions of scientists         the department, Jeff Karlin, executive
                           school for grades K- 12. But it, along with     bare bones op~era~i~ion anyway. This is one             working on groundfish, herring, and other            director of the Maine Sardine Council and
                           every other agency in state government, is      area that shouldn't be ~C~UL"                          species appear safe, the people currently            president of Associated Fisheries of Maine,
                           being asked to bear a proportional burden           In addition to what is currently known           staffing those positions could be bumped             said, "It's in the best long-term interest of
                           of whatever cost-cutting measures are           about the D~qW~'s budget proposal, fear of              out of their slots by ~L~qW~-off people with             ~t~h~e fishing industry to support the concept
                           required ~t~o balance ~the budget.                 ~t~h~e ur~iknow~n is also great. ~T~l~iere is a              higher ~q"~ority. ~T~l~qw~c is sure to be chaos              of a strong marine agency in Augusta, one
                           In their grueling struggle to find new
                           ways to save money, some legislators have
                           gone so far as to propose eliminating ~th~e                          that can work as an advocacy group for the          License fee increase                                 come in. And ~qf~qtt's why 14 vacancies
                           DMR a, a cabinet level agency - instead                            industry."                                              In ~mid~-M~arch~, t~he budget negotiating             can't be filled.
                           maybe combining it with other natural                                 K~ae~li~n added, ~"~B~es~i~o~d~e~s the enforcement          process promised to be nothing short of                 -We originally went into this with the,
                           resources agencies like ~t~he Department of                          issue, I think maintaining some core of             miserable. On March 18, still bleary-~ey~i~x~i           operating pr~t~imis~e that we would ~n~o~t do
                           inland Fish and Wildlife and the                                   scientific focus i~s also important~. Maine           from ~s~u~lling a $170 million budget shortfall         anything with marine patrol," said Brennan.
                           Department of Environmental                                        has to coordinate with other states in data         for ~the Current fiscal year, legislators on the         "But when we tried to eliminate S1~.7~8
                           Conserva~don. Another proposal has called                           collection and management, a~n~d without a            Appropriations Committee~ began taking a             million from our budget without rutting
                           f~ combining the DMR~'s Bureau of                                   fairly strong marine agency, we won't be            hard look at M~c~K~ernan~'s proposed $3 ~2                marine patrol, it eliminated other p~r~Ogra~r~ns
                           Marine Patrol with ~th~e State Police.                               able to five up to our commitment with              bill= budget for the next biennium.                  completely. ~Tb~e~r~e was no way around it.
                           In February and March, the commercial                              other states."                                          DMR Commissioner Bill Brennan,                   ~T~he direct public health and resource
                           fishing industry was just beginning ~to learn                          After reflecting a bit, Jack ~merr~m of the        Operating under strict guidelines from the           assessment ~fu~r~ict~i~or~is had ~to be maintained
                           the extent of what this budget haggling                            M~LA claimed that lobs~t~erm~en ',at the dock           governor's office, was responsible for               as our primary responsibilities."
                           could mean for the D~MR~.                                            level" have often had a difficult time reaping      submitting ~t~he DMR's portion of that                    Brennan said the governor will ~a~q"
                           While fishermen often complain about                               benefits from ~t~h~e scientific arm of DMR, "so        overall budget.                                      introduce a bill on behalf of the D~M~IR ~to
                           ~~~ department - bicker with it, criticize                         it's hard for us to support the scientific              After calculating "full service costs- -         double all license fees - something the
                           it., even fight against it - the thought of                        community within the ~d~epa~nm~e~n~t~,~" he said.           taking into account inflation and increased          DMR had also hoped to avoid. But
                           not having a D~MR a~t a~l~l, ~o~r of having a                               "But the ~M~LA board of directors took a           expenses Mich as fuel - ~th~i ~VMR figured              according to Brennan, all the department's
                           crippled DMR~, has been a new and                                   unanimous vote this winter to preserve ~t~h~e          it needed $7.85 million ol~"~g~e~neral fund              licenses combined only generate ~$800~,000
                           ~~~~ein, idea f~o~r man, ~Of them,                                     warden service, which is underfunded and            money ~to operate at its present capacity             - less th~ar~t 15% of the cost of running
                           David Dow, ex~rcu~tive director of ~T~l~e                               underpaid to begin with. To make a cut              during ~F~Y '92~, which begins July 1, 1~99 1,           ~t~h~e department. In comparison, the
                           ~~~bsi~c~i Institute in Orono, put it this w~ay.                       like that is ridiculous considering ~th~e scope       and ~$8.3 million for ~FY ~'93.                         Inland Fish and Wildlife Department
                           "Whether many people like ~to believe it                            of their job."                                          But for ~the first fiscal year of ~th~e             generates more than S14 million in license
                           or no~t, the D~MR and the industry are like                             David Cous~ens, one Of MLA~'s two vice             biennium, Brennan was required to draft a            fees.
                           brothers. Brothers often fight, but blood is                       presidents, put it a different way.                 budget that included a mandatory 8.4%                   "Our intention would be to use those
                           thicker than water. I think that maintaining                          ~"~I think i~t~'~s important we keep the              reduction from his admittedly inadequate             mor~t~i~c~s (~g~e~n~t~a~u~ed by ~mc~r~e~s~i~s~e~d license f~c~i~es~q)
                           the integrity of ~t~he ~DMR with a rabine~t                            D~N~qM together as a cabinet level                     ~FY ~'91 budget~. An additional 3~% cut over             to support law ~e~n~fo~r~r~e~m~en~L~- said Brennan.
                           level commi~ssionership ~i~s i~n~ip~or~u~in~t."                             J~e~Par~t~m~ent because in the future, if they           ~FY '91 was mandated for the ~F~Y ~'93                       Anyone wishing to comment on the
                           Without question, ~th~e industry has been                            are funded to ~qf~qt level they should be           ~*   budget~. The results? A DM~R budget                    DMR~'~s budget should contact legislators
                           unanimous in i~ts support for ~th~e DMR~'s                             funded, they could be very helpful to the       ~-   package Oat ~to~i~al~s $6.07 million for ~FY              on both ~the appropriations and marine
                           Bureau of Marine Patrol. ~T~h~e D~N~IR has                              fishing industry. The potential is there,-          '92 and $6A5 million for ~FY ~'93 - not                resources committees Of ~the Maine
                           already received hundreds of signatures on                         ne said, "but if you dismantle it, the              enough to even fund the existing staff of            Legislature.
                           two petitions - on~e from Knox County                               ~:~)o~t~rn~dal won't be there anymore.*                  156 people. That's where the 25 layoffs                                             Janke ~qK Plante
                           a~~d one from Deer Isle - that "strongly
                           oppose any action by the Maine
                           Department of Marine Resources or                                                    ME forum pulls industry together
                           Governor ~lo~t~in McK~e~r~nan ~R~. ~to ~f~o~ce~i~h~,
                           layoffs or reduce ~th~e equipment of any                                                  ROCKPORT, ME - These am ~w~1i~n~g                     Setting ~th~e record straight will take ~t~h~e
                           Marine Patrol Officers.'                                                             times for commercial fish~erm~e~t~L Gr~a~t~i~n~d.                          ~a~nd energy of all these in
                           In a letter to the House and Senate                                                  fish stocks in New England am said to be             commercial fishing.
                           chairs of ~th~e Appropriations Committee,                                              in a am of "crisis," ~an~d-~gil~l~n~e~t activists             ~7~1h~e intensity of these issues was
                           Ed Bl~ackmore, executive director of ~th~e                                              ~a~rt gaining ground, marine mammal                    illuminated by ~qf~qt forum's broad
                           Maine Lobs~t~ermen~'s Associa~L~ion (~M~LA),                                                advocates are making their presence felt.            leadership representation: Dr. William
                           said, "Maintaining a level of enforcement                                               Now more than ever, ~f~ish~qe~qrm~qe~qr are                 Fox, head of ~the National Marine Fisheries
                           at least equal ~qt~qo the 1990 level i~qs a MUSL                                           becoming &wart of ~qt~qh~qe big money behind               Service ~4qO~4qO~qTS); NMFS Regional Director
                           In these hard economic Limes, ~qth~qe            ~q-
                           temptation to break the law to sustain                                               ~qIP~qC~qC~4qW interest J~qI~4qM~qP~qS~q. ~qM~qMY'~qr~qe having to               Dick Rot; a third of ~qt~qh~qe N~qew England
                           income will be even greater, especially if                                           ~8q" with a new. unsettling feeling that the            Fishery Management Council- and industry
                           low enforcement is at a reduced level."                                              system~q. and their ~qfu~4qwe~q. art being driven             leaders from a host of associations.
                           B~ql~qackm~qort said, "Law enforcement is                                                  by ~qso~qn~qi~qe~qLhing more powerful than many                ~q. Fishermen questioned them ~qt~qe~qad~qer~qs, and
                           ~the one thread that holds ~qa~ql~ql present and                                            Wert aware of before.                                from Fox's luncheon speech, searched for
                           future fishery managers together. Fishery                                               Nowhere has this sense of rta~qli~qi,~q,~qt~qion            clues about N~qN~qT~qS~q'~qs expectation for ~qth~qe
                           science will be wasted effort and public                                             been more apparent than ~qat the 1991 Maine            futurt~q. While nothing w~q#s settled by the
                           health will ~qb~qe endangered~q, pollution will                                            Fishermen's Forum, held in Rockport                  end of the three-day event, the forum
                           be increased, and dealing in illegal product                                         March ~q1-10. This need to rebuild                     served to pull together an industry that is
                           will be commonplace. Funding for law                                                 ~qV~qoundfish Stocks, to find a new direction            wrestling with i~qts future.
                           enforcement should receive high priority."                                           ~q60 ~ql~q0~qb~qi~ql~ql management, to make the                      In recognition of one who has worked
                                                                                                                ~qaqu~qacu~ql~qt~qure permitting process a realistic           undauntedly ~qto preserve ~qth~qe rights and
                           Science cuts                                                                         one. sobered but also roused the hundreds            in~qt~qe~qr~qts~qu of fishermen, ~qth~qe forum board of
                           Within DMR, Marine Science and                                                       of people who attended the forum.                    d~qin~qec~qt~qors and industry associations paused
                           Marine Development bureaus art slated ~qto                                                In the hallways, in the bar, ~qs~qer~qnin~qar ~q&~q[u~qr        on Saturday evening to pay tribute to Lucy
                           be hit at least as hard as Marine Patrol.                                            seminar. participants cum to the same                Sloan. Sloan, a ~qlong~q-~qtime industry
                           The department's entire Pathology and                                                conclusion: fishermen everywhere have to             representative. is leaving for Japan this
                           Physiology divisions are scheduled to be                                             Pull together on this one - ~qt~qopr~qe~qm~qirv~qe               surr~quner. Her presence and participation in
                           ~c~l~qur~qi~qi~qn~qa~qm~qd. ~qThe Fisheries Technology                                                 commercial gear types, rebuild groundft~qsh            the system will be sorely missed.
                                                                                                                                      ~qk~qe of
                                                                                                                stocks~q, reduce ~qT~qh~qe ~qt~qa 37      m~qan~qn~qe ~qIn~qu~qa~qr~qn~qa~qb~qi~qo                                     Janice ~qM. Plante
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~0




                    G~ound~qf~qish management
                         Developing the science behind the pla'n
                                                                                                               C~0~1~4~f~A~K~O~qI~C~IA~L ~il~e~i~.~1~7~1~1~11LA~I~C~S A~l~I~E~qW~S
                       ~~e Department                                         ~q-~.DMR-N                                       ~A~qi~8qp~r/                        small~-scale
                    of                                                                                                                                   sampling for
                    ~q=~qE           ~'~8qr~'                                                                                                                     juvenile fish= and
                    ~~~    ~tia~qld                                                                                                                         ~la~rg~er~-~s~c~a~l~e surveys
                    research program                                                                                                                     of ~sp~e~dfic fishing
                    that investigates                                                                                                                    grounds. Sampling
                    various aspects Of                                                                                                                   s~ina~u and juvenile
                    groundfish ecology along the coast of                catch. ~7~qU total length of all cod Landed,             fishes in the Sh~e~ep~isco~t~Moo~th~ba~y, region has
                    Maine. The pro~gr~a~im, funded by the                   both legal and sublegal~, averaged 20.4~"~, or           been done using beach s~d~n~qm push ~m~is,
                    Spor~~~f~is~h Restoration Act and matching              just over ~th~e legal mi~rl~imurn size of 19'.            fy~i~e nets, a bea~lm trawl, and fish ~qnp~&
                    funds ~f~t~orn ~E~M s~i-~, includes a series of             T~l~x largest cod landed, on the days w~e                   ~T~his sampling his started the process of
                    ~~~ ranging from parry boat sampling ~to              were s~ea sampling, was just under Yin                 documenting the seasonal abundance and
                    beach ~s~eining for juvenile fishes and                length. Fishing locations depended        on       ~th~e distribution of ~un~a~ll fishes ~i~n ~t~h~e
                    investigating the ecology of selected                pon of ~d~ep~ar~tur~t~, ~ca~p~u~ti~n~'s intuition, and            Sh~e~ep~sco~t Bay, a reputed spawning ground
                    fishing grounds. ~7~b~e project began in July           weather.                                              ar~ld nursery area for cod. Tl~is past yew
                    of 1989 and will continue through 199~L4.                  In an attempt to identify fi~nfish                over 2,0~0~0 fish representing 30 species
                     ~ ~~h~e overall objective is to build a              spawning areas and nursery areas along ~th~e            were caught, including some reportedly
                    database~ o~o ~the state's fi~nfish resources           cast, DMR reviewed the scientific                     rare species for th~e Gulf of Maine, such as
                    that will a] ~)w DMR to make informed                 literature as well as old laws and existing           young-of-~th~e-y~e~ar bluefish and mackerel
                    decisions ~Y~,~:~gard~in~g resource management.            regulations relating to ~t~h~e mom common                ~sc~ad. This sampling will continue and will
                    The management intention is to rebuild               ~ground~ifish species. Surprisingly, very               be expanded to include ~d~ie Saco River
                    Ma~r~~~'~s fish stocks for commercial and              little information is formally documented,            estuary in the spring of 199 1.
                    recreational harvesting.                             most of ~th~e information being anecdotal.                 In September of 1989 a ba~thym~e~tri~c an~id
                       In ~he fi~qm 1-1~/2 years of the study the                During this ~1~q= year these data were              side-scan sonar survey of the Inner Kettle
                    D~qW contacted parry boat owners and                   incorporated into a series of fact sheets             ground, a fishing ground outside ~th~e
                    operators in ~L~k state and conducted s~e~a              known as "Fish Facts" and were made                   S~b~e~eps~co~t Bay, was conducted. ~7bis is the
                    sampling on a number of vessels. This last           available to the public a~t various sportsman          first part of a mom extensive study of
                    suff~n~er was die first full season (May              shows, ~th~e Maine Fisherman's Forum, and               selected fishing grounds along the Maine
                    through October) and s~ea sampling w~as                even L.L. Bean. Over 5~,000 sets of Fish               coast aimed at documenting the ecological
                    conducted on 12 of the suite's 17 party              Facts were distributed to the public.                 relationship between ~th~e fish and t~h~e
                    boats which target gr~ou~r~i~d~F~ish. Die party                 To further t~h~e exchange o~(informa~tion            grounds themselves.
                    boat fl~ec~t (boats licensed to carry more             and views between all groups of fishermen                ~7b~e Inner Kettle survey results am
                    than six passengers) is concc~nu-~q@~L~ed in ~th~e          and to help focus DMR~'s research efforts,             being interpreted with ~th~e assistance of the
                    southern half of the state although charters         a groundfish advisory group will be                   Maine Geological Survey and will ~b~e
                    are ~va.~, table from York to ~Eas~tpo~n~ On             estab~bsh~ed in 1991. The DMR has                       published as part of ~t~h~e survey's efforts to
                    ~he ~2 days of sampling, 1,067 fish were             established similar groups for both herring           map the Maine Coast~. At least two other~
                    ~~~.J~~ ~t~ry 231 recreational fishermen with          and shrimp and the meetings have been                 ~a~q= will be studied as pan of ~t~his work to
                    ~~d being the targeted species in most               su~i~cc~e~ssful in information exchange.                  allow for quantitative comparisons
                    ~n~~~~~~c~e-~i~s and accounting for 7~% of the               Fieldwork ~h~a~s taken on two app~r~oa~qi               between Maim's fishing grounds.

                                             Regional Updates:
                                             Northeast                                                                                                                          Corporate fish giants
                                                                                                                                                           ~4qZ
                                                                                                                                                                                         recover from
                                                                                                                                                                                               ~'89    ~1~-~@~*~I~*                                        ~8qf~qf
                                             Although nothing to write home about,
                                             1990 turned in some surprising results

                                                                                               mandate rebuilding measures have forced
                                             By Nancy Griffin                                  the New England Fishery Management
                                             Field Editor                                      Council to consider limited entry. closures
                                                                                               and other unpopular remedies.
                                             Ne~w En~cland fishermen h~3~,~~t been hit by                    sa~w more cod. plenty of pollock~.
                                             ~t~he double ~@ h~anin~i~@ of economic recession        very little haddock. and scrod has been                                                                Fish Exchange
                                             a~nd decimated f~is~@ stocks, If that ~w~e~r~er~i~l        way off." says Gerry F~r~a~to~l~li~lo~, president
                                             enough. ~groundfishemen were bludgeoned            of  the New England Fish Exchange, better
                                             ~t~r~y a report that called for a 50% cut in land-   known as the Boston Auction. -~nc buyers
                                             ings re~gion~-v~vide in order to rebuild stocks.     say the prices are high; the fishermen say
                                             Compared with historic levels, 1990               they're l~ow. I think they're probably fair.
                                             landings from the Northeast's major com-          but the fish ~ar~cn~*~l ~th~erc.-
                                             m~ercial fisheries were wa%  down. However,            Gloucester fi~sh~ermc~r~i found themselves
                                             sonic strong year classes   of traditionally      with a slightly longer season and increased
                                             ~impor~tan~t~,~spe~cic~s gave fishermen a bit of
                                                                                          a    cod landings from their traditional Stellwa-                                                           Ground~f~ishermen
                                             boost ove ~19~89.                                   ~g~en Bank and Jeffreys Ledge grounds dur-
                                             N~e~venh~e~,~e~s"~. there is r~eal.conc~em about           ing spring. But that may have gotten them                                                              face big changes
                                             ~th prospects for 1991. Accordingly. the           in trouble.
                                             ~c
                                             602 guidelines that define o~v~erf~ishin~g and            "The bad thing that resulted [fro. the                                                                             ~q7~8q7~q7~2qZ, ~q_~1~7
                                                                                               higher landings] was Amendment 4 from
                                                                                               the council." says Angela S~qi~qunfi~f~lipo~q, head
                                                           Cod                                 of ~qth~qe Gloucester Fishermen's Wives Asso-
                                             ~q90~q,~q0~q00                                            ciation. Along with other provisions.
                                                                                               Am ndmen~qt 4 calls for s~qea sampling from
                                             ~q8~q1~q1~q1~q0~q0~q0                                           Feb~qe I through July ~q31. 199 ~q1.
                                                                                                   if sampling sh~4q'          more than 20% of                                         Scallop-meat-count woes
                                                                                                                            ~qO~qw~qs
                                             70,000                                            juvenile cod after a 500-~qlb.       , ]-hour tow'
                                                                                               dra~qgge~8qm~qen may be ordered to switch from
                                             60.000                                            their present 5 1/2~q" mesh to a special 6~q"
                                                                                               mesh - pan diamond, pan square. And if                          Co-op limps along
                                             5~q0,000                                            that fails to keep the juvenile catch down,
                                                                                               closures ma~qy be Ordered.
                                             ~q40~q,~q000                                                "The), s~0qLy we've o~qv~qerfi~qshed those
                                                                                               ar~qeas~q,- says S~qanfillipo. **We say a lot of                The Portland (Maine) Fish Exchange,               regular big boats. which didn~q*~qt get the:
                                             30,000                                            people have made a good living landing                launched in 1986, limped through financial            price for their product. They wen            I   to
                                                                                               legal species. legal size. We heard the com-          crises that threatened to scuttle it during its       Gloucester for a fe~qw months. but they-
                                                        ~r~s           ~-~@~,~N              t~qY~qf~ql          I         ~2qU th                      ~s
                                                                              a~q@~8qp~qq~8qj~q@~.~. y~,
                                                                                            ~8qp~q@wS~. e~4q@~.~qq




















































                                             20,000                                            plain~qts~q, so we went to the July meeting.              infancy. But 1990 proved to be a boom                 came back in December."
                                             ~0q1~0q0~q,~0q0~0q00                                       ~qE    They tabled the issue. Then they passed               year at ~qt~qhe country's first display auction.             ~qT~qhe problem plaguing many Am~qeric
                                                                                               this amendment at the September meeting,                  Sales jumped to 20.470~q,000 ~qlbs. ever              - cash no. - affected the Point              ~60qZ
                                                                                          ~q1~q!                                                                                                                                                          ~qJu~8qZ~ql~4ql~q@
                                                                                          ~q9~q.   ~qw
                                                  ~0q0                                                hen we weren't there, when not too many           19~q89's 16,881~q,000. "We were going gang-               Fishermen'., Co-op during 1990. ~qT~qhe co-op
                                                                                                                                                                                                                              -of-~qth~qe~q-~qar~qt fish-~qh~qan~qd~qi~qi-~qI
                                                                                               people were paying a~qnen~qtion.-                         busters," says General Manager Dennis                 opened i~q1~q5 state
                                                       8~q6 '87 ~q'88 ~q'89 ~q'~0q90~q*                         Closures could b~qe as long as 1 1/2                Frappi~qe~qn "We had a substantial increase in            facility in 1989 only to see the ~qgroundfis~ql~qi
                                                                                               months. and Sanfi~qHip~qe~q, terms that po~qs~qqibil.           small boat activity with extremely high-              n~qe-~qr- drop ~q.~q, ~qth~qe same lime.
                                                        Landings         ~6qE] Value )            i~qty "a disaster" for the otherwise stable             quality fish. Un~qf~qi~qi~qir~qtuna~qtely some of ~qt~qh~qe                ~q.~q.~qThe mortgage doesn't go down becau~qm
                                                      ~q(x 1,000 Its.)          ~q(~qx ~q$~q1~q4~q0~q0         Gloucester ~qn~qe~qc~qt.                                      influx of day boats displaced some of our             landings do.** says one long-time obse~qrv~qo~qt
                                                                                                                                         38
 

~0















                                        ~"Bu~t the co-op is meeting its obligations.                 p~any~'s three mid-sized trawlers and a fac-                Kuwait. also hammered ~th~e New Bedford
                                        The %~cr~iou~s career fishermen are buckling                  tory ship, which continued to fish after ~th~e              fleet. ~T~h~e cost of an average 1~2-day trip for
                                        do, ~n and ~or~k~in~e harder. If any port sur-                  shutdown, offloading in Gloucester. Mean                  a scallop boat increased b~) about" ~$3.~000,
                                               ~i~t~'][ ~be Point Judith."                             while, O~'Hara's trawler processor. the                    culling d~o~@n on ~th~e Crew's share. Thereby
                                        One of Point ~Jud~i~:h~*~@ most vocal Fisher-                   Constellation, moved to Alaska to target                  contributing to l~o~ler morale. higher
                                        men. Fred M~a~t~t~er~a. suffered a setback. too.                Pacific cod and other species for the for-                ~tum~o~,~er and greater general unrest.
                                        In 19~@~9. he took a chance on ~s~@ordfishin~g                  eign, headed-~and-~g u tied market.
                                        with e~n~i~an~e~l~em~en~i ~d~@~n~f~in~ei~s and ~t~n~]o~y~ed                                                                              Lobster Price Worries
                                        spectacular success. But in 1990, the same                 Sca~qPops and Crew                    Strife                High landings and price ~-o~c~s topped the
                                        year ~n~c ~was chosen a N~a~t~io~nol Fishe~in~i~o~n                   Cre~@ problems. including a mu~tin~@                         list in 1990 for New England lob~s~termen.
                                        hi~g~h~~jne.. The n~c~@ mana~g~em~en~t~p~lan                         aboard a 73~ scallop~er~, plus ~scallop-mea~t-                When the final numbers are in, last year
                                        included a ban on d~r~if~in~e~t~s. He fought the                 count miseries, b~es~c~i ~th~e h~i~gh~l~in~e N~e.                    could b~e the best an record in terms of
                                        ban and offered h~i~s boat us a sea-sampling                 Bedford fleet. The yea was perhaps best                   pounds landed. Prices. however, were
                                                                                                   described by industry long-timer Mart,                    fri~gh~tfu~ll~,~@ l~o- T~h~e glut of product o~i~l ~t~h~e
                                                                                                   Manley: "On paper it looked good, bu~t it                  market ~in laic summer prompted the usual
                                               Yell~qowtail Flounder                                 wasn't."                                                  lie-ups with ~th~e usual results - little or no
                                        30,000                                                     Scal~l~opers fought against the much-                       relief.
                                                                                                   maligned ~36-me~a~ts/~l~b. measure. wrapping
                                                                                                   up the year at a heated December session                                  Lobster
                                        25~,~000                                                     with New England ~ou~n,~i~l member,. A~T                       1~4~q0~,~0~9~0    -
                                                                                                   the meeting. fishermen argued against ~l~i~m-
                                                                                                   tied ~entr~). closures, license moratoriums.
                                        20,000                                                     enforced               ~,~a~t c~,~,r~ic~,ion, "1                 120,000    -
                                                                                                   ~,~,~,h~e~r ~@u~g~g~es~l~e~d regulations ~lh~a~@ ~@~o~u~ld
                                                                                                   r~epl~ac~-~,~, the Treat count as a conservation               ~1~q0~q0~,~0~0~0    ~-
                                        1~5~,0~0~0                                                     m~c~a~,ur~c
                                                                                                   Compliance with the count has proven
                                                                                                   so difficult that many scall~op~er~s will no                 ~8~0~,~9~0~0
                                        ~10~,000                                                     longer sell at the ~juc~tio~n. and m~a~n% d~i~r~i~f~er~s
                                                                                                   ill no longer buy directly from the boats.                ~q60~,~0~q0~0
                                                                                                   fearing liability. Art October crackdown
                                        ~5~,~0~0~0                                                      That a, National Mantle Fisheries S~cr~,~i~c~t
                                                                                                   enforcement agents Seize 14 trips and fire
                                                                                                   27 other fishermen and dealers for under-
                                               ~0                                                   sized scallops led m~an~@ sc~al~lop~er~s to dump                20~,     ~0
                                                   ~'86 ~'87 ~'88 ~'89                ~'9~q0~*             their catch.,
                                                                                                   Rapid expansion of the scallop fleet                              ~q0
                                                   Landings ~qF~-~qj Value                              from 46 to ~140 vessels over a ~14-y~e~ar                                ~8qU
                                                   ~(~x 1.000 ~lb~s~l           (X ~$1~000)              period has led to a fundamental change in                              '8~q6 ~'87 ~'88 ~'8~q9 ~'~q90~*
                                                                                                   cr~e-h~ui~n~g methods. Once, a skipper
                                                                                                   could hire f~i~Ocrmen he kn~e~%~v p~er~sonall~@ or                             Landings           ~2qM Value
                                        ~c~"~e    I To ~pr~o~'~c ~t~h~, -car ~~, elect ~c ~@~r~l                  ~@ho~s~e reputations he could quic~kl~@ d~i~sce~m                              ~(~x 1,000 ~lb~s.)            ~(~x $~1~,~0~0~0~)
                                        d                     mammals. H~e called                   ~b~) talking to other skippers. No~w'cap~t~a~in~s
                                                                   ~a~n~d this issue ".               s~a~@ ~ih~ev must often hire inexperienced
                                                   ~o~u~t ~o~v~,    ~,~d ~l~" keep ~f~i~c~h~@ ~q                   people Tile~) don't kno.~, and sometimes the                The o,~ersupp~l~y did.          however. have a
                                        In ko~c~k~l~an~d. ~N~I       a to ~C~. F~.J. ~qd~'H~ara ~&                preen cr~e~@ members turn out to be drug                    po~ien~ti~al~l~) positive side - heightened
                                        I...... ~@~, ~I~f~l~y~ea,o~ld fish p~l~oce~,~,i~r~t p~l~a~w~                                                                         awareness of the impor~l~a~nce of marketing.
                                                                                                   d~l~i~,~,~, ~h~e go into withdrawal during                      Fishermen. dealers and pound-keepers in
                                        ~,~l~i~m ~do.- ~~t Ap,~i~i and ~1~,~,~d off ~is 2~8                      trips and d~emar~ld to be returned to port.                 Maine are developing a lobster promotion
                                        ~c~r~,. A ~l~c~@ r~o~on~th~s later, o-c~r Frank                       The event that made crew problems most                    ~o~u~n~c~,
                                        ~(~@ ~l~i~;~a., ~en~t~@r~c~,*~.~, ~F~ui~l~i~., p~l~@~, ~:~,~@                      %i~s~i~b~i~c occurred last summer. ~uh~en the                            I ~lh~3~t -~1~1 hopefully expand their
                                        ~@~nj-- of          ~1~,~id, ~o~t order to win con-                                                                         ark~el base, and harvesters rcgion-.ide
                                                                                                   c~r~e, ~o~l the Barnacle Bill demanded to b~e                  To      ~lizin~g the importance of working
                                        ~r~o~@~i~, to -ppl~,, ~f~,~,h ~to the U.S. Arr~i~l                     taken home during an offshore trip. The                   are r~ea
                                        ~0 H~a~rj ~an~d his f~irn~i also entered a guilt)                 captain refused, so the crew allegedly                    together and developing common strafe~.
                                        plea to charges of m~isl~ab~eling seafood                     trashed the vessel and threatened him ilk                 g~ies.
                                        from C~a~l~l~ad~i ~a~s  originating in the United                 knives and hammers. After barric~adi~n~g                     Still, 1990 left a bad taste in the mouths
                                        ~S~!~:~L~l~c~@ The c~a~%~c also involved at least four                                                                         of New England ~l~o~b~s~i~cTm~en~ They claim
                                                                                                   himself in the wheelhouse. the skipper                    that ~Wcau~s~e of increases in the minimum
                                        ~N~l-~s~a~chL~l~@~e~l~t~s proc~e~%~sor~s~                                 called the Coast Guard, which boarded the                 s~iz~e of h~ar~ves~t~abl~e lobster over the past
                                        ~\~;~i~t~i~on~;~d S~e~n Pro     d~t~~c~i~'~i fi~@h processing              vessel in Nantucket and arrested the crew                 three years. l~obs~te~qm~en are at a distinct dis-
                                        plow ~@~, R,c~l~L~,~@~,d ~O~lU~t do-, .thin week,                    Further, theft on board has increased in                  ~.dv~an~ta~ge to Canadian. who are able to
                                        ~h~e O'Hara f~a~cih~t~@. ~@~;c~t~im to the ~spra~@~l-                   New Bedford, the country's biggest                        land smaller lobsters. And at year's end,
                                                                                                   money-making port, and skippers                    fre-   N~ew Englanders were lobbying their ~I~c~gis-
                                                     Scallops                                      quently blame ~th~e widespread drug use as                  la~lur~es and the council to prevent imple-
                                        1~0~0~.~0~00    ~-                                               the reason that boat galleys are stripped of              mentation of the third minimum-size
                                                                                                   food and TVs and VCRs disappear from                      ~n,r,~a~,~c Further. the council is looking at
                                        90~,000     ~-                                               their vessels.                                            ~the possibility of trip limits and limited
                                                                                                   Skyrocketing fuel costs, which affected                   entry to protect the lobster stocks and pu~t
                                        ~8~0~,~0~0~0     ~-                                               every port following the Iraqi invasion of                an end to constant ~inCT~t~R~S~C~S in fishing
                                        70,000     -                                                                                                         effort.
                                                                                                                                                             Alternatives to traditional fisheries are
                                        ~60~,0~00     ~                                                                                                         growing. Salmon aqu~acul~ture is increasing
                                        50,000                                                                                                               in northeastern Maine and Atlantic Canada.
                                                                                                                                                             Farming sites and yield continued to
                                        ~q40~q,000                                                                                                               increase in both areas.
                                                                                                                                                             Additionally. Maine's sea ~qu~qmh~qin f~qis~8q"
                                        3 a ~q0                                                                                                                stabilized. In fact, one urchin expert says,
                                                                                                                                                             "It's not just a hit-and-run thing. ~qh seems it
                                        2~6q:~q-~q0~6q:~q0                                                                                                               will become a regular pan of the fisheries
                                                                                                                                                             picture in Maine," with a h~qa~qt-~qv~qest of around
                                                                                                                                                             ~q9 million lbs~q. to 10 million Ills. a year. The
                                               ~q0                                                                                                             price went up in 1990. averaging about
                                                   ~q'8~0q6 ~q'87 ~q'88 '89 ~q'~0q90~q'                                                                                      40~q;Ab.
                                               ~40qE Landings ED Value                                                                                           NATIONAL FISHER~ YEARBOOK 1"~q]
                                                   ~q(x 1.000 lbs.)            ~q(~qx ~q$~q1.~q0~q0~q0~q)

                                        Ing C,~qin~qad~qi~qa~qn company's multimillion-
                                        d~qo~ql~qi., hor~qtf~qall~q. blamed on a gr~qe~qa~qll~q@
                                        d~qir~qn~qin;~q@~qh~qed Canadian ~qc~qod ~qqo~qck.
                                        Although ~qthe N~qa~qlSea plant left 202
                                        ~qshor~qe~qsid~qe workers unemployed. it had no
                                        impact on f~qi~q@h~qc~qrrnen since the plant pro-
                                        ~qc-- I n~qr, ~ql~qoc~q.~qi~ql~q:~q@ caught fish, ~qor~qt~i~q,
                                        imported cod bloc". F.J. O'Hara & Sons.
                                        h~qo-~q,~qe, d~qid bu~q, some Main~qe-c~qau~qch~qt
                                        product. inc~qlud~qt~qn~q@ some from the ~qc~qo~qn~qi~-                                                                        39
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                        40                       1












                                                                                                                             I.  Status of C nsent Agr ements and 80K Actions.
                                    DEPARTMENT OF ENVIRONMENTAL PROTECTION
                                                                                                                                 A.   Consent Agreements Resolved
                                    qTATL HOUM MATION 17         -r,0rT1 KIAM 01111


                                                                                                                                 DOVNEAST


                                                                                                                                 1.   J(in Dawson. Southwest Harbor

                                                                                                                                      Mr. Dawson constructed a pile supported deck and repaired a house which
                                                                                                                                      extends over thp coastal wetland without obtaining a permit.

                                                                                                                                      The consent agreement requires an after-the-fact permit application,
                                                   MEMORA"DUM                                                                         removal of the additions to the [email protected] and payment of a $550.00
                                                                                                                                      monetary penalty.

            TO:        Robert Blakesley, State Planning Office                                                                   CENTRAL
            FROM:      Pat FIS01-     inistrative Assistant, Bureau of Land Quality Control                                      1.   Edward Gall, Augusta
            DATE:      May 15, 1991                                                                                                   Edward Gall failed to obtain a transfer order for ownership of a retail
            SUBJ:      Coastal Zone Management Quarterly Report                                                                       lumber yard and reconstructed the lumberyard into a commercial office
                       February 1. 1991 through April 31, 1991                                                                        building, without Department approval.      An after-the-fact (ATF) permit
                                                                                                                                      amendment and a civil penalty of $3,100.00 was required in a consent
                                                                                                                                      agreement.

            Attached please find the quarterly report for February 1, 1991 through April                                         2.   George McAuley, Belfast
            31, 1991. The report consists of the following "work products* as required
            under Section B of the Memorandum of Understanding between the SPO and DEP:                                               George McAuley placed unstabilized fill within a freshwater wetland.
                                                                                                                                      The case is several years old and was dropped based on a reassessment
            1.    Quarterly list showing the status of consent agreements;                                                            of impact and prioritization of pending caseload.
            IT.   Quarterly narrative of major applications, enforcement activities,                                             3.   Ocean's East Aquarium, roothbay Harbor
                  problems, issues and accomplishments;                                                                               Ocean's East Aquarium constructed a ramp and a permanent floating wharf
            111.  Quarterly report on federal consistency review and coordination                                                     without Department approval.     The case was dropped because Ocean's East
                  activities;                                                                                                         was foreclosed upon and is now out of business.
            TV.   Quarterly report on changes in statutes, rules and regulations;         and                                    4.   Paul Whitehead and Alden Jordan, Boothbay Harbor
            V.    Quarterly report on the Shoreland Zoning Law.                                                                       Paul Whitehead and Alden Jordan placed sand below the normal high water
                                                                                                                                      mark of West Harbor Pond without Department approval. The case is
                                                                                                                                      several years old and was dropped based an a reassessment of impact and
                                                                                                                                      prioritization of pending caseload.

                                                                                                                                 5.   Jack Mays, Augusta

                                                                                                                                      Jack Mays placed debris in Togus Pond without Department approval. The
                                                                                                                                      case is several years old and wag dropped based on a reassessment of
                                                                                                                                      impact and prioritization of pending caseload.













                                                                                                                               CENTRAL
               SOUTHERN
               1.  Edward Benjamin, Cape Elizabeth, NRPA, (river, stream or brook),                                            1.   Donald Drake, Lincolnville. NRPA, Great Pond
                   $500.00 penalty: comply with ATF permit. if approved; and reqtore area.                                     2.   Anthony Correa, Edgecomb, NRPA Coastal Wetland
                   If denied.                                                                                                  3.   Misty Bay Development Corp., Newcastle. SITE LOCATION
                                                                                                                               4.   James Rutland, LincoInville, NRPA. Great Pond
               2.  Nero Construction, Inc., Wells, NRPA. (dunes), $1.000.00 penalty.                                           5.   James Rutland, Lincolnville, NRPA. Great Pond, 2nd case
                                                                                                                               6.   Carter Realty Trust, Northport, NRPA (river, stream, or brook)
               3.  Francis Grubb, Falmouth, NRPA and Section 413 (river, stream or brook),                                     7.   Mill Cove Associates, Boothbay Harbor, SITE and NRPA, Coastal Wetland
                   $2,500.00 penalty; and area has been restored.                                                              8.   David Oman, Lincolnville, NRPA (river, stream, or brook)
               4.  Arthur McDermott, Falmouth, NRPA (great pond)      and Section 413;                                         SOUTHERN
                   $1,000.00 penalty; and remove fill by June 30,      1991.                                                   1.   Harbor Corp., York, SITE LOCATION
                                                                                                                               2.   John Callaghan, Wells, NRPA, Sand Dune
                                                                                                                               3.   John P. Martin, Saco. NRPA, Coastal Wetland
          B.   Pending Consent Agreements                                                                                      4.   Emmett Murphy and Amity Construction, Wells, NRPA, Coastal Wetland
                                                                                                                               5.   Land Bank. Inc.. Scarborough. SITE LOCATION AND SECTION 413
               DOWNEAST                                                                                                        6.   Maietta Construction, Inc., Scarborough. SITE LOCATION AND SECTION 413
               1.  Steele Construction & M.E. Astbury, Ellsworth, NRPA, Stream Alteration                                      7.   City of Biddeford, Biddeford, NRPA, Sand Dune
               2.  Acadia Village Resort, Ellsworth, NRPA, Stream Alteration                                                   8.   Robert and Gary Bourassa and Robert Blair, Wells, NRPA (river, stream,
               3.  Charles Foster, Ellsworth, NRPA, Stream Alteration                                                               or brook)
               4.  Lawrence Stanley, Swans Island, NRPA, Coastal Wetland                                                       9.   Gino Romano. Ogunquit, NRPA, Section 413, Coastal Wetland
               5.  William L Nancy Kales, Bar Harbor, NRPA, Stream Alteration                                                  10.  Louis Grubb. Falmouth, NRPA, Section 413, (river. stream, or brook)
               6.  Steve LaFreniere. Ellsworth, NRPA, Great Pond                                                               11.  Julie and Everett Gerrish, Kennebunkport, NRPA, Sand Dune
               7.  128 Recreational Associates. Sullivan, SITE, NRPA, Great Pond                                               12.  Roger Pratt. York, NRPA. (river, stream, or brook)
               8.  Sheldon Heartstone, Bangor, NRPA, Stream Alteration                                                         13.  Frank Begley, Kittery, NRPA, Coastal Wetland
               9.  Donald Pelletier, Hampden, NRPA, Stream Alteration                                                          14.  Dolcor Amusement Corp., S.c,. NRPA (river, stream, or brook) and SITE
               10. Edmund Gillespie, Southwest Harbor, SITE LOCATION                                                                LOCATION
               11. Harold HacQuinn, Inc., Bar Harbor, SITE LOCATION                                                            15.  Cascade Water and Amusement Park, Saco, SITE LOCATION
               12. Cape Aquarius, Ellsworth. SITE LOCATION                                                                     16.  Covey Johnson, Portland, NRPA, Freshwater Wetland
               13. John Mahar, Pembroke, NRPA, Coastal Wetland                                                                 17.  Fore River Terminal. Inc., South Portland, NRPA, Coastal Wetland
               14. Brown Brothers Trucking, Pembroke, NRPA, Coastal Wetland                                                         (Upland)
               15. John McIntyre. Eddington, NRPA. Freshwater Wetland                                                          18.  Paul Lovejoy, Biddeford, NRPA, Freshwater Wetland
               16. Edith Trapp, Deer Isle, NRPA, Stream Alteration                                                             19.  Peter E. Hogland. Peter E. Hogland, Jr., Portland, NRPA, Freshwater
               17. Look Construction, Jonesboro, NRPA, Stream Alteration                                                            Wetland and Section 413
               18. Royce Gael. Jonesboro, NRPA, Stream Alteration                                                              20.  James, George and Harold Kouloheras, Saco, NRPA, Sand Dune
               19. Steve LaFreniere, Sullivan. SITE LOCATION                                                                   21.  C:R. Douville Excavating, Inc., Saco, NRPA, Sand Dune
               20. Emery Shute, Stockton Springs, XRPA. Stream Alteration                                                      22.  Shaw Enterprises. Portland, NRPA, Freshwater Wetland
               21. Guy Bouchard. Orrington, NRPA. Stream Alteration                                                            23.  Delta Realty, Portland, NRPA, Freshwater Wetland
               22. Webber Oil, Blue Hill, NRPA, Stream Alteration                                                              24.  M. Jerome Chase, Jr., Eliot, NRPA, Freshwater Wetland, (Upland)
               23. Richard Hopkins. Bucksport, NRPA. Great Pond
               24. Roy Stone. Winterport, NRPA. Stream Alteration                                                         C.   80K  Actions Resolved
               25. Weldon Tripp, Winterport, HRPA. Stream Alteration
               26. Bruce Hesse, Stockton Springs. NRPA. Stream Alteration                                                      DOWNFAST
               27. Richard Neville, Frankfort. NRPA. Great Pond
               28. George and John Gaddis, East Machias, NRPA, Stream Alteration                                               None
               29. Look Construction, East Machias, NRPA, Stream Alteration
               30. Dysart's, Hampden, SITE LOCATION                                                                            CENTRAL
                                                                                                                               None

                                                     -2-
                                                                                                                               SOUTHERN


                                                                                                                               None


                                                                                                                                                                      -3-











            11.   80K Pending                                                                                               3.   Spruce Point Inn Partners, Boothbay Harbor (previously pending; update)

                  DOWNEAST                                                                                                       Spruce Point Inn Partners caused unauthorized soil discharge to a
                                                                                                                                 coastal wetland: performed unauthorized structural repair in a coastal
                  1. Calvin Nichols, Perry, NRPA, Stream Alteration                                                              wetland; and built multi-unit housing in a shoreland zone without
                  2. Reginald Thompson, Deer Isle, NRPA, Coastal Wetland                                                         Department approval.   A consent agreement was to be drafted but the
                                                                                                                                 partnership has since dissolved and the property foreclosed upon. The
                  CENTRAL                                                                                                        Current owner is pursuing necessary permits.     No further enforcement
                                                                                                                                 action is expected,
                  1. Robert Mahn, Waldoboro, NRPA, Freshwater Wetland
                  2. Stuart Smith, Rockport, NRPA. Floodplain Wetland                                                       4.   Robert Hahn, Waldoboro (previously pending; update)
                  3. Edward Dardis, Newcastle, NRPA (river, stream, or brook)
                                                                                                                                 Robert Hahn placed fill in a freshwater wetland for the purpose of
                  SOUTHERN                                                                                                       expanding an access road, without Department approval and despite prior
                                                                                                                                 notice of permit requirements by the Department. Consent agreement
                  1. Burton Seymour. Freeport, NRFA, Freshwater Wetland                                                          negotiations began but have been unsuccessful.     State representative
                                                                                                                                 Marge Kilkelly ((D) Wiscasset) has proposed legislation on behalf of
                                                                                                                                 Robert Hahn to exempt such wetland filling activities from Department
           II.    Narrative of Significant Applications, Enforcement Activities, Problems,                                       permit requirements.   The Department is pursuing resolution of the
                  Issues and Accomplishments.                                                                                    violation in district court.

                  Significant Issues                                                                                        5.   Forest Peaslee, Jr., and Steven McGee. Gardiner (previously pending
                                                                                                                                 MDIFW/DEP action; update)
                  The Land Bureau Enforcement staff have been referring all logging
                  operations which cause a siltation problem to the Water Bureau.    In the                                      Forest Peaslee, Jr., and Steven McGee, while conducting a logging
                  Downtast Region this is a significant number of complaints, and a                                              operation, placed soil in and adjacent to four streams without
                  significant impact on the environment.  The Water Bureau does not have the                                     Department approval and destroyed a beaver dam in violation of Maine
                  resources to deal with these problems. We have seen many small streams                                         Department of Inland Fisheries and Wildlife (MDIFW) regulations.       The
                  destroyed by the carelessness of a skidder operator. We recommend these                                        DEP and MDIFW worked cooperatively and pursued the case in district
                  complaints be handled by the Land Bureau enforcement staff who have the                                        court, where in March, 1991, a consent decree was approved by the court
          stu     training and the expertise to adequately resolve the violations.                                               and signed by involved parties. Th- lecree required extensive site
          Ln                                                                                                                     repairs and a civil penalty of $2,000.00.
                  Major Enforcement Actions

                  1. James Rutland, LincoInville (new)                                                                      6.   Frank and Dianne Begley. Kittery Point

                    In 1989, James Rutland performed unauthorized grading and improperly                                         The applicant removed an ex;.ating 12.5 foot by 16 foot platform
                    installed riprap along Megunticook Lake. In 1990, with resolution of                                         attached to his existing permanent dock on Spruce Creek, and replaced
                    the initial violation pending with the Department, James Rutland placed                                      it with a new 14 foot by 31 foot deck. Expansion of this structure
                    stone and gravel in and along Megunticook Lake without Department                                            requires a permit under the Natural Resource Protection Act.
                    approval. The Department Is pursuing respective consent agreements
                    with Mr. Rutland to resolve each of these issues.                                                            The expanded deck has impacted, and will likely destroy. all existing
                                                                                                                                 salt marsh vegetation (Spartina patens and Spartin alterniflora) under
                  2. George C. Hall and Sons, Inc.. Thomaston and Rockport (previously                                           the structure due to excessive shading of the vegetation. Inn addition
                    pending; update)                                                                                             to the destruction of coastal wetland habitat, loss of the vegetation
                                                                                                                                 undermines the stability of salt marsh sediments, leaving the shoreline
                    George C. Hall and Sons, Inc.. expanded a commercial storage yard,                                           exposed to erosional processes.
                    altered a stream, caused an unlicensed discharge to a stream, and
                    placed fill in a freshwater wetland without Department approval.                                             The project will probably be denied due to the lack of justification
                    Negotiations have begun for settlement by consent agreement. The     Maine                                   for loss of habitat and stabilizing vegetation.
                    Attorney General's office has reviewed the cases and has agreed to
                    accept referral of the cases if settlement by consent agreement cannot                                                                       -5-
                    be res,@hed.


                                                   -4-









                7.   Harbor Associates. Southwest Harbor                                                                      10.   West Cove Boat Yard,ISorrento
                     The applicant proposes to construct a 164-slip marina at the site of an                                        This project involves replacement of approximately 100 feet of
                     old cannery wharf and dock located in Southwest Harbor, Hancock County,                                        bulkhead/ retaining wall in an intertidal portion of Frenchman's Bay in
                     Maine.  The purpose is to provide dockage and service for an increasing                                        Sorrento. Fifty feet of the bulkhead will be replaced in its current
                     number of private and commercial watercraft in the town.      The applicant                                    position. The other Fifty feet will extend into the water 3-4 feet
                     also proposes to grade and cover with gravel an approximately 6.600                                            more than the existing bulkhead.   Gravel fill behind the exisLing
                     square foot upland area within 25 feet of the spring high tide mark,                                           bulkhead is currently washing into the intertidal zone.
                     for a parking area; and construct a 3 foot high stone or concrete
                     retaining wall around this parking area.                                                                 11.   New England Salmon Co., N. Lubec
                     The proposed marina will occupy 320 feet of shoreline and extend                                               This project involves construction of an 8 foot by 120 foot pile
                     approximately 600 feet into the coastal wetland below the normal      high                                     supported pier in Lubec.  The purpose of the structure is to provide
                     water mark.  These dimensions include both the existing wharf; a      50                                       access to existing salmon pens.  An existing fill and timber abutment,
                     foot by 12 foot dock to replace an existing 190 foot long one; an 8 by                                         landward of the proposed pier will be reconstructed.     The abutment will
                     12 by 12 foot operations shed on the wharf near the head of the                                                not be enlarged.
                     replacement dock; and an array of permanent floating slips, secured         by
                     approximately 140 pilings spaced about 40 feet apart. connected by a                                     12.   Northeast Petroleum Corp., South Portland
                     ramp to the replacement dock. The float array will have a width of
                     approximately 490 feet and a length of 380 feet.     The pilings will be                                       The applicant requests approval to dredge approximately 16,000 cubic
                     made of CCA-treated oak, the ramp of aluminum, and the floats of                                               yards of soft bottom out of the Portland-South Portland inner harbor.
                     lightweight precast concrete covered by 18 inches of CCA-treated wood.                                         The project is maintenance dredge; the last dredging in the project
                                                                                                                                    area took place in 1985.  The project is intended to improve berthing
                8.   Central Maine Power Company                                                                                    space at the applicant's fuel terminal for larger, deeper drafted
                                                                                                                                    tankers. Dredging will extend to 40 feet below the mean low water
                     The applicant proposes to relocate existing 115 kilovolt (kv) and 34.5                                         mark, with one foot allowable overdredge.    The dredge area abuts the
                     kv electrical transmission lines which run from Portland to South                                              fuel loading dock and is entirely subtidal.    Disposal of dredge spoils
                     Portland under the Fore River.    The project also involves the                                                is intended for the Army Corps' Cape Elizabeth ocean dump site,
                     relocation of an existing natural gas pipeline which is attached      to the                                   approximately three miles off shore.
                     Fore River Bridge. The submarine cables and natural gas pipeline are
                     being relocated to accommodate the construction of a new Fore River                                            Project Impacts:  Concerns exist about the quality of material to be
             A.      Bridge.  A trench for the utility lines will be dredged using a deck                                           dredged. However, since the project area was last dredged in 1985, the
             Ch      barge equipped with a 100 ton crane.    Dredged spoils will be                                                 most polluted of sediments in the area have already been removed.
                     transported offshore and dumped at the Portland Disposal Site.        The                                      Water quality issues about the reintroduction of contaminated sediments
                     project area lies in the 1,690 acre Fore River estuary, a five mile                                            into the water column will be addressed during the review process.
                     long river which drains into Casco Bay and separates Portland from
                     South Portland.                                                                                                Probable DEP Action:  Approval with conditions for public notification
                                                                                                                                    of the dredge spoils disposal route. and timing the dredge so as not to
                9.   Stephen F. Dunlap                                                                                              interfere with fisheries.
                     The applicant proposes to construct a pile supported dock with a                                         13.   Alice Pacious, Wells
                     permanent float on his property at Broad Cove in Cumberland. The dock
                     will include four 4 foot wide, 45 foot long wooden trusses supported by                                        The applicant is requesting permission to repair and maintain an
                     10-12 inch pressure treated or oak braced piles.      A 15 foot long ramp                                      existing seawall on Wells Beach in Wells.    The seawall is a vertical
                     will access the walkway from the upland.     The 12 foot by 16 foot float                                      concrete bulkhead type, rising approximately eight feet above the
                     will be secured by four large piles driven deep into the mud.         The                                      beach. Damage to the wal@ is the result of long term decay of
                     northern reaches of Broad Cove form a very productive shallow marine                                           concrete. No fill behind the seawall was washed out by scouring wave
                     ecosystem with a broad bank of cordgrass (Spartina alterniflora)                                               action, and no fill is proposed for the project.
                     grading into mudflat.    Ribbed mussels (Modiolus demissus) are growing                                        Project Impact:  The project will have minimal additional impact above
                     among the cordgrass rhizomes. Eelgrass (Zostera marina) is abundant in
                     the offshore waters.   The warm shallow wa@ers in Broad Cove are also                                          that of the existing seawall provided the replacement and repair work
                     home to a large population of horseshoe crabs (Limult pR-ly_p mu@). a
                                                                             !5        !LIEL-                                       does not enlarge the dimensions of the wall.
                     species with a very restricte  d range in Maine.                                                               Probable DEP Action:  Approval with conditions that the applicant not
                                                      -6-                                                                           expand the size or move the location of the seawall.

                                                                                                                                                                   -7-



                                                                                                                                                         lqlmli@@1111 loll






                14.  Walmart, Rockland                                                                                               17.  Diamond Cove Associates, Great Diamond Island
                                                                                                                                          Diamond Cove Phase 11, Portland, Maine
                     The only major coastal zone site project processed in this quarter was
                     the receipt of the Rockland Wal-Mart application.         Received for                                               The applicant proposes to create 39 residential house lots on the
                     processing on April 19. 1991.      This project involves the renovation of                                           grounds of Fort McKinley on Great Diamond Island.          The applicant's
                     a retail marketing center.      An existing 78,000 square foot strip mall                                            previous application to create 70 residential house lots on the same
                     will be demolished and replaced with the proposed 93,000 square foot                                                 parcel of land was denied by the Board of Environmental Protection in
                     Wal-Mart store.    Also proposed for the 12.46 acre parcel is the filling                                            February of 1990.    The Board Order denying the previous application
                     of 0.34 acres of Class 11 wetlands to facilitate the development.             To                                     cited multiple environmental concerns including the impact to the water
                     mitigate this wetland loss the applicant proposes restoring 0.15 acres                                               quality of Casco Bay resulting from the use of an existing overboard
                     of previously filled wetland and enhancing 0.53 acres of existing                                                    discharge wastewater disposal system, the impact on the scenic
                     wetland.   This mitigation proposal attempts to compensate the etland                                                character of the area, impacts to historic sites on the parcel and
                     losses at a 2:1 (compensation:altered) acreage ratio.                                                                impacts to an old growth tree stand on the parcel.          The applicant has
                                                                                                                                          attempted to address all of these concerns by reducing the number of
                     The total cost of the proposed project is $5.3 million dollars.             Other                                    proposed lots to 39.     All of the proposed lots will be serviced by
                     issues involve traffic flow and adequate infrastructure development.                                                 subsurface wastewater disposal systems, eliminating any reliance on the
                                                                                                                                          existing overboard discharge system.
                15.  Applied Energy Services, Inc., Bucksport                                                                        18.  Bath Iran Works, office Building, Bath
                     The applicant proposes to construct a coal fired electrical generating
                     facility that will generate approximately 180 megawatts of electricity                                               The applicant proposes to develop a 64,000 square foot office building,
                     that will be sold to Central Maine Power Co. and other New England                                                   a 1,280 square foot gate house and a 8,560 square foot maintenance
                     utilities.    This project will also provide up to 100,000 pounds of                                                 building in their Bath ship building facility in areas already
                     steam to be piped to the Champion Paper Hill in Bucksport.           This                                            developed.   Approximately 2.5 acres of parking is also proposed on
                     facility is expected to cost approximately 300 million dollars.                                                      previously developed sites around the facility.         The applicant is also
                                                                                                                                          seeking after the fact approval for several projects previously exempt
                     The proposed site is located on Rt. 5 in the Town of Bucksport and                                                   under the Site law.
                     occupies 14 acres of land on the east side of the Penobscot River.
                     This site is presently an active oil terminal owned by the Sprague            Co.                               19.  Cattle's Shop N' Save, Inc., Scarborough
             -th.    The project will include a 400 ft. high stack, numerous large buildings                                              The applicant proposes to develop a 52,000 square foot supermarket and
              J      to contain boilers. generators. and fuel storage.         These buildings will                                       17,000 square feet of retail buildings with 230,000 square feet of
                     occupy 2.5 acres of land. The outside storage areas, parking and roads                                               pavement Including parking and loading areas, all on a 24.5 acre site.
                     will occupy 2.6 acres of land. A 4 acre utility corridor for the steam                                               The applicant will also construct a connector road covering 2.1 acres.
                     line will be developed from this project to the champion Mill. This                                                  Four existing structures on the site will be modified as part of this
                     corridor contains a small wetland area.                                                                              project.   They propose 3,684 square feet of fill; 904 square feet of
                                                                                                                                          dredging in a N.R.P.A. wetland; filling of 2.49 acres; discharge of
                     This project will also require new docking facilities in the Penobscot                                               stormwater to a wetland: and filling in a smaller wetland.           The
                     River as well as an intake pipe and a discharge pipe to be used for                                                  applicant maintains that this wetland is not protected under the
                     cooling water.                                                                                                       N.R.P.A.
                     Coal that will be used to fuel the project will be brought up the                                               20.  Wal-Mart Stores, Inc., Scarborough
                     Penobscot River by barge. The facility will produce approximately 450
                     tons per day of 'fly ash and bed ash.      The waste ash will be transported                                         The applicant proposes to develop a 114,324 square foot store with
                     in enclosed containers to an out of state disposal site.                                                             376,075 square feet of pavement including entrance and 733 parking
                                                                                                                                          spaces, all on a 22.48 acre site. 7.4 acres of wetlands are on site;
                     This project is also being reviewed by the Bureau of Air         Quality                                             2.93 acres are to be filled; and creation of 3 acres is proposed as
                     Control and the Bureau of Water Quality Control.                                                                     mitigation.   None of the wetlands to be impacted are protected by the
                                                                                                                                          N.R.P.h. Mitigation is being done as part of the Army Corps of
                16.  So. Maine Technical College, South Portland                                                                          Engineers review.

                     This is an after-the-fact request to permit       all post 1981 construction
                     and new request to permit the renovation of       four of the existing oldel
                     brick buildings on the campus. The campus abuts Casco Bay.             Extensivi@
                     site work has been completed In the post both before and after
                     implementation of the site location of development law and the entire
                     site is generally stabilized.








                21. Barletta Co., Inc.. Rocky Hill Quarry, Eliot                                                    Ill.  g1jarle r IReport on Federal Consisten     e Ity     C , dina
                                                                                                                                                                SY
                                                                                                                          @tc_t    Lq-.
                    This project. consists of a 125 acre quarry on a 301 acre site with
                    removal of 25 million cubic yards of material by drilling and blasting                                The following is a list of federal activities in the coastal zone,
                    over 50 years. Stone will be crushed, screened and washed on site.                                    including a summary of significant projects and consistency reviews.
                    Five acres of pavement is proposed. There is a great blue heron
                    rookery on site. Two public water supply wells are on adjacent                                        1.  U.S. Navy - Access Road Wetland Fill (Application Phase). Winter
                    properties.  This project has been accepted for processing and sent out                                   Harbor
                    to review.
                                                                                                                              The Navy proposed to fill over 0.17 acres of wetiand for an access
                                                                                                                              road to an existing housing development. The Navy submitted its
                                                                                                                              application of January 9, 1991. On January 18, 1991, the DEP sent
                                                                                                                              the Navy a letter requesting additional information on specific
                                                                                                                              aspects of the project. The Navy indicated its expected timetable
                                                                                                                              for submitting the additional information was by February 19. No
                                                                                                                              such information was submitted on this application by this time,
                                                                                                                              however, numerous phone calls between Navy and DEP representatives
                                                                                                                              attempted to coordinate the submittal of the required information.
                                                                                                                              On March 29, 1991, the application was returned as unaceptable for
                                                                                                                              processing.

                                                                                                                          2.  U.S. Navy - Satellite Operation Center Modifications, Prospect Harbor

                                                                                                                              On March 7. 1991. the Navy proposed modification to the existing
                                                                                                                              facility. The modifications involve installation of a replacement
                                                                                                                              wastewater disposal system, installation of a new dome antenna, and
                                                                                                                              construction of a new 40 by 60 foot metal building. The Navy
                                                                                                                              indicated that the entire site is within the 100 year floodplain, but
                                                                                                                              did not identify the floodplain or wetland extent on plans
                                                                                                                              :ubmitted. Other information was also not included in the
                                                                                                                               ubmittal. DEP reviewed the submittal and on March 12, 1991,
           CO                                                                                                                 forwarded a letter to the State Planning Office Indicating that the
                                                                                                                              submittal did not contain sufficient information to enable the
                                                                                                                              Department to concur that the project met the standards of the core
                                                                                                                              laws of the Coastal Zone Management Act. In the March 12 letter, DEP
                                                                                                                              indicated what information would be needed to concur with the Navy
                                                                                                                              consistency determination.














                                                 _10-



                61 L I @ @ ''1 11 In




            IV. C@@ @ne_qin Statutes, Rules and Regulations,                                                              V-   Rep
                                                                                                                                                               t %It ies
                On March 23. 1991, revisions to Chapter 303     Permit-by-Rule Standards became
                effective.   These regulations, first adopted in February of 1988. allow                                       During this reporting period staff efforts were directed toward municipal
                certain activities subject to the Natural Resources Protection Act (NRPA).                                     adoption and staff review of local shoreland zoning ordinances which are at
                to proceed by simply filing a Notification Form with the Department and                                        least as restrictive as the current State of Maine Guidelines for Municipal
                                                                                                                               Shoreland Zoning OrC
                abiding by standards pertinent to the particular activity.                                                                           inances.   With the December 31 deadline approaching,
                                                                                                                               the spring and summer town meeting periods will be significant factors in
                This amendment allows more activities to proceed under this process while                                      the towns' success or failure to meet the deadline.
                at the same time strengthening or adding new standards, particularly those
                relating to erosion and sediment control.     Also, a 14 day waiting period                                    The text for the next issue of the Shoreland Zoning Newsletter was drafted
                from the time of notification receipt and submission of *before' and                                           and was readied for printing.     Articles include topics on shoreland zoning
                *after* photographs are now required for most activities to document                                           mapping; annual reporting by code enforcement officers; a supplement on
                compliance with the regulations.     Examples of new activities now eligible                                   non-conforming uses written by the Department of Economic and Community
                under the regulations are:                                                                                     Development; and a question and answer section designed to help towns with
                                                                                                                               their ordinance revisions.    The newsletter will be mailed In mid-May.
                     -construction of sewer line crossings                                                                     Articles for another newsletter to be mailed by the end of June are
                     -replacement of wastewater disposal systems                                                               currently being written.
                     -maintenance clearing of debris from Intake     and outfall pipes                                         The amount of technical assistance in the form of workshops was reduced
                     -restoration of natural areas ("undoing" human alteration)                                                significantly during this reporting period for two reasons.       First, the
                     -replacement of retaining walls (subject to certain restrictions)                                         spring town meetings began in March and numerous towns adopted updated
                     -installation of utility lines across coastal and freshwater wetlands,                                    ordinances.   Those ordinances must be forwarded to the Department for
                      provided they're along an existing traveled way                                                          review and approval.    The department must review. and approve or disapprove
                In calendar year 1990 the Bureau received approximately 2500 Notification                                      ordinances within 45 days of receipt of those ordinances or they are
                Forms.  It is our hope that by expanding the scope of these regulations,                                       automatically approved.    Thus, staff must plan to spend most of the next
                more people will legitimately undertake activities subject to the NRPA and                                     year in the office to handle this administrative workload.       If all of the
                be exposed to the types of precautions necessary to prevent resource                                           state's cities and towns meet the December 31 deadline each of the two
                degradation.   It is also hoped that by reducing staff time processing full                                    staff members will have reviewed approximately 250 local ordinances and
                applications we will be able to spend more time in the field and increase                                      accompanying zoning maps.
                our presence In the community.                                                                                 The second reason for the reduced outside training and on-site field
                                                                                                                               activities is the State's current budgetary problems.       For a six week
                                                                                                                               period only one shoreland zoning staff member remained in the shoreland
                                                                                                                               zoning unit as the administration prepared to eliminate active state
                                                                                                                               oversight of the shoreland zoning law.      The Legislature, however, decided
                                                                                                                               to keep state oversight of the program. and restored the unit to two
                                                                                                                               persons at least until the end of the current fiscal year.

                                                                                                                               Thus far, the unit has reviewed updated ordinances for 32 municipalities,
                                                                                                                               including 10 coastal communities.     The ten coastal towns whose ordinances
                                                                                                                               were reviewed by staff during this reporting period are:       Swan's Island,
                                                                                                                               Isleaboro, Searsport, Richmond, Mount Desert. Columbia Falls, Winterport,
                                                                                                                               Baileyville, Wells, and Prospect.     Generally, the ordinances are
                                                                                                                               substantially in compliance with the guidelines. The most significant
                                                                                                                               problem encountered regularly is that some of the local zoning maps are not
                                                                                                                               as complete as they should be.

                                                                                                                               In other matters, the unit met twice with representatives of the Department
                                                                                                                               of Economic and Community Development to discuss wetlands training for
                                                     -12-                                                                      local code enforcement officers.     Under that department's code enforcement
                                                                                                                               officer certification program. training will be provided this summer.
                                                                                                                               Thus, some coordination between DEP and DECD is very necessary.


                                                                                                                                                                    -13-












             Also, staff has appeared at legislative hearings and work sessions to
             discuss legislation relating to shoreland zoning issues.   In particular,
             after hearings, it appears that forested wetlands will be exempted from
             shoreland zoning requirements,  that code enforcement officers' reporting
             requirements will be reduced to once every two years; that variance
             applications will no longer be required to be forwarded to the Department
             for comment; and that the Commissioner will now be able to disapprove, or
             approve with conditions. a local ordinance without the need for a public
             hearing.  These provisions are contained in legislative document 1992.

             Although the unit's workshop schedule has been curtailed, staff
             participated in workshops or other technical assistance forums for the
             Cumberland County code enforcement officers. the towns in the Cousins River
             watershed, the North Kennebec Regional Planning Commission, the town of
             Westport, the City of Auburn and the State Department of Agriculture's
             private landowner's class relating to timber harvesting regulations.

             The next quarter will again be primarily devoted to reviewing ordinance
             amendments and publishing another issue of the shoreland zoning newsletter.













          Ln
          0






















                                                -14-


~0





     ~~ ~~2p~ont ~d~~~c of those ~at~tachn~ic~n~is~. r~e~st~0~ti~n~g in ~a           required.                                                                                                                 ~2qf~2qtment of
     ~~~-n~fi~a~~~ expansion ~l~oward ~t~he water. To comply                                                                                                                  Jos#*,        be p~4a~'                          ~2qEnv~ql~qr~qon~qme~q'
     With the intent ~o~f~th~e law and g~ui~d~c~lin~e~s~. expansions               Regarding wetlands zoning. the DEP will expect a                                                                ~Bu~r~e~su ~of~~,~L~v~n~d Quality ~q6o~r~itrol, Stoic House ~qs~qt~qa~ql~ql~qo
     ~~1' ~~~ main portion of the s~truc~t~i~n~c ~l0W~aR~I the front            250 foot resource protection zone adjacent ~to m~m~i~cr-                                                            Volume 5 Number ~1~                                S~qpr
     ~~lge of ~~ in~r ~~t~tachn~i~c tits ~sucha~s stairs, landings,           ate and high value wetlands unless the Department
     and ba~~~~nt bulkhead do~i~)r~s, may ~no~t be permitted                 of Inland Fisheries and Wildlife agrees that a lesser
     il ~uch expansion occurs within ~l~l~i~c required setback              depth is acceptable for a par~licular w~e~i~l~and~.                                                                   ~4qSHORELAND                                   ZONI
     :~~a for structures.
                                                                        Qu~es~(ion #7
     Similarly, new stairways for the sole purpose of
     gaining access to, or egress from, a structure need                One of the criteria for areas to be placed in the                                          DON'T FORGET THE MAP                                                ~t~i~l~ql~qe~qs~qt~qi~q(
     ~ot he considered when determining a structure~'s                   Resource Protection district is "Areas of two (2) or                                                                                                           ~shouk
     ~~t~~ck, provided that the stairway, ~a~nd landing, if               more contiguous acres supporting w~e~tl~and vegetation                                                                                                            Fisher
     any, is no wider than five feet anti extends no closer             and h~ydric soils, which are not part of a fr~eshwa~te~i or                                    By now, many towns are well along i~n the process of
     to the water than is necessary to accomplish their                 coastal w~et~iand as defined, and which are not                                              preparing revised shor~cland zoning ordinances to                    Coas
     purpose. If th~ elevation at the top of the stairway or            surfici~ally connected to a water body during normal                                        meet the December 31, 1991 deadline set by ~t~h~e
     landing is greater than four feet above ground level,              spring high water". Does this mean t~hat municipali-                                        Boat (I of ~F n v iron mental Protection. Ma~nyofth~e                  ~1~.1~q1~qC S I
     ~~~ stairway should be constructed such that it                    ties must zone wetlands two (2) or more acres in size                                      townspeople working on these revisions are discov-                  ties ~q10
     parallels ~h~ wall of the structure rather than extend-            everywhere such wetlands exist?                                                            ering that once t~h~e text of the ordinance is~,up~dat~cd to             upland
     ing toward the shoreline.                                                                                                                                     include the new ~shor~e~l~and areas and stand ~urds, there               of cer~qt
                                                                        Answer:                                                                                    is still a lot of work to be done in preparing t~he                  areas ~qc
     If the above provisions are rollow~ed~, any floor area                                                                                                          zoning map that goes with t~h~e ordinance. In fact,                   series
     involved in the stairway and landing need not be                   No. Only wetlands two (2) or more acres in size                                            there are a number of towns which have incorpo-                     Sporn
     counted toward the 30% floor area I imitation.                     within the 250 foot shor~e~land zone as defined in 3~9                                        rated the Guidelines into their ordinance         ~'~and              Survc
                                                                        M~.R.S.A. section 435 must receive resource protec-                                         adopted them at town meeting, b~ut have not Coln-                    the U.
     Oue~~ion #6                                                        tion zoning. Wetlands outside the shor~eland zone                                           ple~t~ed a revised zoning map. T~hose communities
                                                                        need not receive sbor~e~land zoning protection. Of                                           have not completely ~m~et the requirements of the                     I~n id~qe
     ~fa municipality adopts a Resource Protection                      course, if a w~etland is 10 or more acres in size it                                        Shore~land Zoning Law until those maps are pre-                      is imp
     district, must it always be 250 feel in width?                     must receive ~shor~eland zoning protection according                                         pared, and approved by the DER                                      great
                                                                        to statutory requirement as a "freshwater wetland".                                                                                                            stream
     Answer:                                                                                                                                                       To assist in the shore~land mapping effort, we would                 yo~qu ne
                                                                        Question #8                                                                                like to offer a reminder as to what information is                  id~qenti
     Not always. For example, if an area has a steep                                                                                                               available to identify and locale the n~ew areas to be
     slope adjacent to a waterbody but ~th~e area of slope                What is a ~0q1~brested we~t~qland"?                                                               zoned.                                                              Map
     extends back only 100 feet horizontally from the
     normal high-water line, a municipality may elect to                Answer:                                                                                    Freshwater Wet~qland Maps
     zone only that first 100 feet for resource protection,                                                                                                                                                                            ~q"eD
     placing the last 150 feet in a residential district. Also,         ~qne Mandatory Shor~e~land Zoning Act, 38 M.R.S.A.,                                            Early last year the DEP sent to each municipality                   maps
     ~~~ DEP requires only the I ~q0~q0-y~ear flood plain to be              section 436-A~q(5-A) defines a forested we~tland as "a                                        several copies of the State of Maine Guidelines fo                  to ~qacc
     zoned for resource protection. Beyond the limits of                freshwater we~t~land dominated by woody vegetation                                           Municipal Sh~orela~nd Zoning Ordinances, and a                        ~z~onin
     ~~~ flood plain a resource protection zone is not                  that is 6 meters tall or taller".                                                          freshwater wetlands map for that community. These                   7~.5 mi
                                                                                                                                                                   maps identify the non-f~orested freshwater wetlands                  which
                                                                                                                                                                   which am 10 acres or more i~n size, ~and include the                  using
         DEPARTMENT OF ENVIRONMENTAL                                    PROTECTION                                                                                 wildlife habitat rating of those wetlands. The D~EP                  shorel
         BUREAU OF LAND QUALITY CONTROL                                                                                                                            will expect each municipality, at a minimum, to
         STATE HOUSE STATION 17                                                                                                                                    identify and establish zoning around the wetlands                   Using
                                                                                                                                                                   identified on those maps. Communities that wish to
         AUGUSTA, ME 04333                                                                                                                                         extend shor~c~land zoning to areas around forested
                                                                                                                                                                   wetlands, or smaller wetlands as well, may do so.
                                                                                                                                                                   However, if your town zones only tinder the provi-
                                                                                                                                                                   sions of the shorc~land zoning law, these areas ~c~an
         ~~                                                             04333STAT~BSTAT                                                                             not exceed 250 feet in width.                                               ~qC~0q(
                                            3~C~R ~SLAKESL~E~T                                                                                                                                                                                      HE
                                            STAT~j PLANN~rNG OFFICE                                                                                                  The wildlife habitat ratings on these maps is impor-                        19
                                            STATION 38
                                            AUGUSTA                                                                                                                tant because the DEP Guidelines specify that und~e-                          SH
                                                                                 ME 04333                                                                          vc~I~op~ed areas adjacent to moderate and high value                           RE
                                                                                                                                                                   wetlands are ~to h~e designated as a Resource Protec-                         ~0qs~ql~qi
                                                                                                                                                                   tion District. Areas adjacent to low value or unrat~ed                       T~qI
                                                                                                                                                                   wetlands call be zoned to reflect the current uses in                       BE
                                                                                                                                                                   the area, or is a residential or ~similardistric~t~. Any

                                                                        4
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                                                                                                                                                                                  Answer:                                                                  flitill
        it asicrocale the sucarnsand wetlands which need                                  INLAND GUIDELINES                                                                                                                                            shor
        to b zoned because all ofthe streams, and most, if not                                        AVAILABLE                                                                  When reviewing locally adopted ordinances, it will
        , of e wetlands are identific(l. This also makes                                                                                                                     be the shorcland zoning unit's position that shoreland                   "I'll
        transferring the wellands, as shown on the Freshwater                      Over the  past several months the DEP staff has received                                       areas meeting the criteria for resource protection                       zone
                                                                                   comments from a number of non-coastal towns that using the                                     zoning which have fewer than one principal structure                     T011
        Welland Maps tothe scaleof the base mart inuchcasicr.                      DEP Guidclincs is difficult because of all the references to                                   per 500 feet of shoreland or wetland frontage, when                      their
                                                                                   coastal issues. and standards along coastal waters mitt wet-                                                                                                            zone
        Finally, if you need assistance in identifying the                         lands. In response to those comments the DEP has prepared                                      these areas extend for more than one thousand feet
        ram.                                                                                                              ch has all of these                                 be designateda% a Resource Protection or similar                         nica
                   or wetlands in your town, or in preparing a                     n in an version of the Guidelines whi
        zoning p. your regional planning council may be                          erercrices cdited out. Copies of these Guidelines are                                          district. With regard to areas meeting the criteria for                  "Pla
                                                                                   available at the DEP in Augusta. or from your Regional                                         Resource Protection zoning due to the presence of
        able to help.                                                              Planning Cooncil. The inland version of the guidelines is                                      slopes greater than 20%, 100 year nood plains, or                        ue
                                                                                   also available on computer disk.
                                                                                                                                                                                  wctland areas in excess of 2 acres, the DFP will
             DEC       PROVIDES SUPPLEMENTAL                                                                                                                                     reuire Resource Protection zoning except in situa-                      The
                                GUIDANCE                                                                                                                                          tions where these conditions are limited to the area                     expa
            included in this newsletter is a supplemental package                   CEO ANNUAL REPORTS DUE                                                                        within IW feet of a great pond classified GPA ora                        sell)
            drafted by staff of the 1krianment of Economic and                                                                                                                    river flowing to a great pond classified GPA, Or                         area
            Community Development (DECD) for municipalities                        in January the Department mailed to each municipal                                             within 75 feet of the normal high-water line of                          the
            which wish to adopt more stringent Provisions for non-                 code enforcement officer a copy or the annual reporting                                        another water body or upland edge of a wetland, and                      to I"
            conforming structures than are contained in the State o                form for shorcland zoning activities ror the year 1990.                                        are otherwise protected by buffer strip provisions in                    expa
            Manic ud lines rot Municipal Shorcland Zonin                            Se rcporL were due by March 1. 1991. if you are a
            ordinances, We wish to %tTcss that the information                     municipa) code enforcement officer and haven't com-                                            the municipal ordinance.                                                 Ans
            "vi in nECD's supplemental package is optional                     pIcted the Form and returned it to the DEP's shorcland
            and should not be looked upon as minitnum standards.                   zoning unit please do so promptly                                                              in areas adjacent to moderate or high value wetlands,                    Whi
                                                                                                                                                                                  a% identified by the Department of Inland Fisheries
                                                                                                                                                                                  and Wildlife (DIF&W), the DEP will reuire Re-                           and
                                                                                                                                                                                  source Protection zoning unless the municipality has                     ing
                                                                                                                                                                                  developed a district designation in consultation with                    acce
        uestions and Answers                                                  developed" area may be established in accordance                                                   DIF&W which adeuately provides for the long-                            or fl
                                                                               with the existing pattern of developmcni, or in                                                    term protection of the resource. Stich adistrict might                   aPPI
        Much of the content of this newsletter consists of a                   accordance with the standards contained in the                                                     include pmvisionsfor a low density of development                        exP
        uestion and answer forniat. We arc attempting to                      municipal shoreland zoning ordinance in effect as of                                               (such as described above) with increased lot size,                       toe
        provide answers to some of the more commonly                           March 24, 1990, when the new state guidelines                                                      buffer strip, and clearing standards. Ifamodified                        ume
        asked uestions as municipalities undertake the task                   were adopted.                                                                                      Resource Protection district is developed, the mu-                       area
                                                                                                                                                                                  nicipality shall provide the Department with docu-                       excl
        of updating their local shorcland zoning ordinances
        nd administering those ordinances. If you need                        The exception to the above is for significantly                                                    mentation that the established district and standards                    pro
        further discussion of any of these issues please                       developed areas adjacent to great ponds. Adjacent                                                  will provide adeuate protection to the resource, as                     oft
        contact the DEP's shorcland zoning unit at 289-2111.                   to great ponds, the minimum setback, frontage, and                                                 agreed upon by the Department of Inland Fisheries                        are
                                                                               lot size reuirements for significantly developed                                                  andWildlife.                                                             wou
        uestion #11:                                                          areas shal I be no less than 100 feet, 100 feet, and                                                                                                                        fI
                                                                               20,000 suare feet respectively, even if the existing                                              uestion #3:                                                             purl
        Must [be newly updated minimum lot size, frontage,                     pattern of development is more dense than these                                                                                                                             dec
        and setback reuirements be incorporated into local                    standard-,.                                                                                        The wetlands maps provided by the DEP to our town                        orw
        ordinances regardless of the current pattern of                                                                                                                           are small in scale. In fact, the line delineating the                    that
        development?                                                           In order to achieve the goals of the shoreland zoning                                              boundary of (he wetland represents nearly 250 feet
                                                                               law, municipalities which adopt lesser lot size,                                                   of distance on the ground. Call wetlands delinea-                        6u
        Answer:                                                                frontage and setback standards for"significantly                                                   tions be made using the maps provided by DFP or
                                                                               developed" areas should consider offsetting that                                                   our locally adopted maps drafted from those DEP                          1-10
        Th newly revised State of Maine Guidglines for                        greater density by further limiting expansions on                                                  provided inaps?                                                          res
        Mnicial Shomland Zoninp Ordinances contain                           existing development.                                                                                                                                                       Ans
        increased lot size, frontage, and setback reuire-                                                                                                                        Answer:
        merits. While these new standard% are appropriate in                   uestion #2:                                                                                                                                                                Soil
        relatively undeveloped shorcland -areas, in "signifi-                                                                                                                     Municipalities adopting shorcland zoning maps
        cnly developed" areas municipalities may chobse                      The State's guideline ordinance reuires undevel-                                                  which are based on wetlands maps provided by the                         Min
        to adopt lesser standards. Significantly developed                     oped areas meeting the criteria for Resource Protec-                                               Department should include language which clearly                         gui
        residential areas am areas which contain on average,                   tion zoning be so designated in a municipal ordi-                                                  indicates that the actual boundaries of the wetlands                     Illel
        at least one residential structure per one hundred reet                nance. What density of existing development is                                                     may differ from those shown oil the maps, since the                      buil
        of shore frontage over it distance of at least one                     necessary for the area to be considered developed,                                                 maps prilvided by the Department were generated                          strit
        thousand feet of shoreline. ScIback, frontage, and                     and therefore not reuire Resource Protection or                                                   based (in acrial photography interpretation. The                         :1110
        l ituirements for residential areas which                      similarzonin0e.                                                                                     actual boundaries must be determined based on site
        current y meet the above criteria for a "sign i ficantly                                                                                                                  inspections. Below is an example (if language that -
                                                                                   Tbo












































                                                                            2                                                                                                                                                                            3


                   
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                                                                                                                                                                                                    CONSIDERING THE TREATMENT
                                                                                                                                                                                                                STRUCTURES IN THE SH


                                                                                                                                                                                    NONCONFORMING STRUCTURES                                          po
                                                                                                                                                                                A non-conforming structure is defined in the DEP                      oth
                                                                                                                                                                            Gu  idelines as a structure that does not meet the dimensional            a
                                                                                                                                                                            reuirements for setback, height, or lot coverage. Structures             Ge
                                                                                                                                                                            that were in compliance with dimensional reuirements at                  me
                                                                                                                                                                            the time of construction may become non-conforming when                   tri
                                                                                                                                                                            new regulations are adopted.                                              no
                                                                                                                                                                                                                                                      les
                                                                                                                                                                              The treatment of structures that fail to meet the dimen-                sta
                                                                                                                                                                            sional reuirements contained in DEP Guidelines should be
                                                                                                                                                                            based on local conditions. The degree to which such struc-
                                                                                                                                                                            tutes should be controlled will vary from municipality to
                                                                                                                                                                            municipality depending on the nature of the shoreline, the
                                                                                                                                                                            number of non-conforming structures, and the ottent to
                                                                                                                                                                            which the structures are nonconforming. Municipalities will               N
                                                                                                                                                                            treat non-conforming structures differently depending on                  are
                                                                                                                                                                            how shorcland areas have developed in the past and, how                   for
                                                                                                                                                                            municipalities want their        shorcland areas to develop in            co
                                                                                                                                                                            [he future.

                                                                                                                                                                               Addressing issues associated with non-conforming struc-                the
                                                                                                                                                                            tures may take some time. However, municipalities that                    wa
                                                                                                                                                                            adopt specific ordinance language for non-conforming                      tri
                                                                                                                                                                            structures will have ordinances that will be easier for the               h
                                                                                                                                                                            Code Enforcement Officer (CEO) and Planning Board to
                                                                                                                                                                            administer, will aid the Planning Board and CEO in making
                                                                                                                                                                          consistent decisions, and will avoid misunderstandings on                 Be
                                                                                                                                                                            the part of applicants. By clarifying how non-conforming                  ler
                                                                                                                                                                            structures can expand along shorcs, municipalities can pro-
                                                                                                                                                                            vidc better protection of water uality and scenic resources.
                  MA8R48E                                                                                                                                                       The following discussion rocum on structures that are                   A,
                                                                                                                                                                            nonconforming vAth respect to the reuired shoreline set-                 W
                  DECD                         Office of Comprehensive Planning                                                                                             back. These are structures that are: 1) less than 100 ft. from            wO
                                                                                                                                                                            great ponds classified GPA and rivers flowing to those

                                                 thik-64t6Whisti0nti4mes                  fif Ii4klikiii'4M 0W16'fifis th'it*th6 Department
                                                                                                            (D1E'CD)-2p2p1ppeveloped to
                                                            Y                                                   Protedti6n's Guideli0m
                                               r0i
                                                             iiiii',;2ppp2p2peiiilid.,,Zogifig.,',Ordinincis (hiieinarter DEP
                                                                                                                                                                                            !8WII0I8N8V2I811111 - Exr0*1to
                                                                                                       I C-    Id,  l'iii"iti i      d   I
                                                                                                         a1ppp2pp2ppppn pan-                                                         7 6_'
                                               61bg statillin              i-elife  t67A;,o26Iaftd 2011ii& The jii4m or these bul-
                                                                           vftunlbiilihii 2mth         additional lan2&age to use in
                                                                                                                                                                                                                               Ae"WL
                                               iiak]1241-6eil              ficei 6o44i0f0f0i8kiiiii-sklid easier loadminister and en-

                                                                       6X      Id'h     'c0*Pi#'S`.of* the b                 ines,   effective
                                                    lift    a i 03.     ion        124                         EP    Guil     I
                                                  a                           6ha c"' i "        "'
                                                  a                      01111     1 'bpia.artk*giiliblefroin'!egionaI Councils
                                                     th  S       I         onhig Wit it          P
                                                                                                                                                                                                   A
                                               ;108b
                                                    A
                                                 76u

                                                 Th
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                                                                                                                                                                                                                  ,,pl.,n,l do, of a welland hall not inefease, thr. cril*ng                                  that
                                                                                                                                                                                                                  footprint within the setback                                                                   this,
                   n                                                                                                                                                                                             : Our town does not allow non-conforming structures to                                        A
                                                                                                                                                                       L.1pAirGD,5,f                              expand unless the expansion meets dimensional reuire.                                         u*
                                                                                                                                                                                    I-triN                        meats. Can we prohibit non-conforming structures from ex.                                      elp
                                                                                                                                                                                                                  panding within the reuired 3hortland zoning setback even ir                                   non
                                                                                                                                                                                                                  his means that some structures will not be able to expand at                                  I ru
                                                                                                                                                                                                                  all?
                                                                                                                                                                                                                                                                                                                 shor

                                                                                                                                                                                                                  A. Yes. Municipalities can enact ordinances that art stricter                                  11
                                                                   I       FVpAo4iorJ                                                          50 6XP40SIN                                                       than the DEP Guidelines.                                                                       pans
                                                                                                                                               ov: TbKrl W
                                                                                                                                               WTHJtJ                                                                Municipalities interested in doing this should prohibit                                    P
                                                                                                                                                                                                                  expansions that fail to meet dimensional standards from taking                                 rega
                                                                                                                                                                                                                  place unless the applicant is able to obtain a variance from the                               forn
                                                                                                                                                                                                                  Zoning Board of Appeals ZBA. In order to grant a variance,                                   8see
                                                                                2H4WL.
                                                                                                                                                                                                                  the ZBA must determine that strict compliance with the                                         12&
                                                                                                                                                                                                                  regulation would cause unusual hardship or extraordinary dif-                                  pr
                                                                                                                                                                                                                  ficulties because of exceptional or uniue conditions of topog.                                A-0w
                                                                                                                                                                                                                  raphy, accc& location, sh&M size or other physical features
                                                 C                                                                                           D                                                                    of the site refer to Title 30-A section 4353 for further infor.
           Joe: heptitin ofthe stnictum dng within the reuiredsetback cannot expand by more than 30 ofthe                                                                                                mation.                                                                                       .-
           Ifloor area or volume ofthe portion ofthe structure Idng within the setback, during the lifetime ofthe stnicture.                                                                                         It is very difficult to imagine a circumstance where a ZBA                                 A-
                                                                                                                                                                                                                  would be justified in granting a variance for an expansion.                                    be m
                                                                                                                                                                                                                  Backing up this approach is the view that an                   expansion that                  Bero
           . It our municipality belle v DUN Guidelines adeuately                                    By taking this approach, administration of the ordinance is                                                fails to meet dimensional standards further increawA a non-                                    ing
           limit expansions within the Whack, how can we amend DEP                                  greatly simplified due to the fact that the local CEO does not                                                conformity and therefore should be prohibited. This approach                                   that
                                                                                                                                                                                                                  is in keeping with the gencral planning philosophy that non.                                   can
           Guidelines to make this clear?                                                           have to be involvcd in determining whether expansions meet                                                    conformitics should be phased out over time.                                                   care
                                                                                                    the 30 criteria outlined in DEP Guidelines. Also,
           A; Mdpitkscbsoingtorplaieexpowslons occur-                                         municipalities do not need to act up a process whereby such                                                       It should be pointed out that non-conforming structures
           ring within te setback In this manner, should odd the fol-                              expansions can be monitored over the lifetime of a structure.                                                 may be able to be relocated so as to become conforming at                                      adm
           lowing language to theead otporagroph 12C11c orthe                                  AJI expansions illustrated above would be prohibited.                                                         which point they are aflowed to expand according to dimen.                                     how
           nP Guidelines.                                                                                                                                                                                        sional standards.
            An ins inwards a stat" bDdZ irihat= 0"Irm- Of                                      In order to do this, the following changes should be made to
           wed is an im'Waft that d=.Ws tha hort- --*--*---                                    Section 12C1: delete paragraph a; rename paragraph b                                                      Freeport's Zoning Ordinance includes language allowing                                     whe
           n=Mfi, setback digtonnn from the alware 'Migg distance                              - paragraph a; rename paragraph c as paragraph h and                                                    for a limited one-time nonconforming expansion to take place                                   firet
                                                         action in setback resulfing                                                                                                                                                                                                                             ho
           shall  take into account the red                                                      change it to read:                                                                                            provided an applicant is able to obtain a variance from the                                    fail
                             at de-fin                                                                 There shall be an cxpausion within the                                                                     ZDA. Municipalities interested in pursuing this approach                                       w
                                                                                                                                                                 LCUkCd=tbAck                                    should delete 12C1c and replace the language in                                        be d
              should be noted that DEP officials consider exp                                      from The normal bigh-water lone of a mmIt;[ bodL tributary                                                    124C1s with language similar to that found in Freeport's                                  area
                                                                                     ansions        strearn or i,pland cdgaoJA.1T1Ja20L
           lwd the water in this manner. Municipalities choosing to                                                                                                                                           Ordinance:                                                                                     ions
                                                                                                                                                                                                                                                                                                                 area
           u alternative approaches should keep their CEOs informed.                                 2 Municipalities could allow the portion or I he structure                                                    A h,,;Id*ng or structom whieh 6 rinn-confiarming wilh                                      what
           : Can municipalities Umit expansions of lbe tM 11-                                      lying within the reuireti setback to expand by 30 as out-                                                  EcWd in the dimensional standards of thit OrAnanct; -                                          can
           rtc In B, C and D?                                                                 fined in DEP Guidelines, but prohibit the expansion from in-                                                                                                                                    RX
                                                                                                                                                                                                                  act be Zp,ndrd ,I,rgcd nr oncreAsed mdem such aWandprl                                         dor
                                                                                                    creasing the structures footprint within the setback. This                                                    or ralarlicel parlbrin compUrA with the. dompnional RIAndardl                                 they
           A. L cpolides can do this by forthisr spe4f4ting bow                                would only allow for vertical expansions to take place within                                                 of this OrdinAncr- Hoy&-mr. the Zoning Board of Appcak                                         Wallis
           expansions can take plane within The mulrtd sdboclk. Below                              the sdback.Again, the part of he structure lying outside or                                                mAgcant a varoAncc for a nne-t;mp tMantion limited in 15
           are a couple or optlm&                                                                   the setback could expand as long as the expansion met other                                                                                                                                                  mak
                                                                                                    controls cg. height limitations, front and side                  setbacks, and                                at the gLcK floor men and total vnlttmp of an exitflng DEM-                                 M
            1 Municipalities could prohibit co"nsion from occotiving                               percent Doervegetated surfice. Applicants may be allowed to                                                  conform;n, hu*ld*-& or structure and a nar-tiMLOVAnsioll0A                                      curri
           within the reuired sdbwk, while slit! allowing pottions of he                          expand within the setback by adding shed dormers to cape                                                      25 for residential structurrn lortated in the Resource Protec-                                Real
           structure lying outside of the reuired setback to C1111"fild                            boosts etc Again, administration would involve calculating                                                    [inn 7,n,c.                                                                                   Once
           Provided such expansions meet other reuirements such as                                and tracking expansions.                                                                                          The above language only allows expansions that rail to mect                                only
           height limitation, front and side ArAbKkf. lot coverage, etc.                                                                                                                                        dimensional standards to occur under very rare circumstances                                  one-1
           Backing up this approwh is the rationale that my evantion                                   to order to implement this option, Section 12C1c                                                     when the ZBA can justify granting a variance. Ile provision
           taking place within the reuired setback arca increases the                              should be changed to read:                                                                                    also limits the size of the expansion allowed by variance. What
           c roachosesti upon the setback. As measured                                          nsiong made within the reuored setback from the nor-                                                he provision does not do is address issues concerning expan-                                  bow
           from th setback ftnc such in                                                              FMM
           panion towards the water.               expansion is vkmed as an cx-                    mal high-water line                                                                                           sions that go towards the water and expansions of structures'                                  tufts
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                                                                                                                                                                         if a non-ronfnrming building or structure Ls                               N
         if a large majority of structures are 25 feet from the shore, and      or destruction MaX be IC"OnStru"IC"I 01 mptucd_4@dcd                                   demolklird or rrmovcd by or for its owner it shall not
         ar located entirely within the setback, allowing 30% expan-          LhAL                                                                                   bc rebukit or rolared oceld in conformity with the                           7
         sions to occur within the setback could have a serious impact              1) a mmit ig cilitained-3jahiajont-ycar of the datc of said                        space reuirements of [his Ordinance.                                        6W
         on water uality and scenic character.                                 damngc or destruction and.                                                                Municipalitics should contact their regional councils
           Municipalities having townwidelcitywide zoning will already
         ham a section in their ordinance cleatfing with Don-cord-                  2) t%A recrinstructio.n or                                                        for assistance in rewriting ordinances. All ordinance                        C
         its. Municipalities cam haw stricter regulations for noncon-         ifir. water selback                                                                    changes should be reviewed by the municipal attorney.                        2
         forming structures that are located within the shoreland zone          - determined I* [he Planni -Board (of CECO-ig-accuiditacc                                                                                                           C
         as opposed to other lea sensitive areas of town. Due to ad-            with the ptjEp= of this Ordinance,                                                                                                                                  P
         misrativ issues, however, municipalities are not en-                   in nn -,&c shall a structure be reornggructed or replaced so                       ANDROSCOGGIN VALLEY COG                                                      C
         couraged to extend the 30% criteria to other zoning districts.         a in increase its nnn-conformity, Nothing In this section shall                       Contact: John Maloney                                                        P
                                                                                paml the demnittion or the remains of any. h ilding so                                 125 Manley Road                                                              B
                     TE RECONSTRUCTION OF                                      da-slittli or destroycil.                                                              Auburn ME 04210                                 783-9186
                NON-CONFORMING STRUCTURES                                           The above changes do not address the size of the expansion,                        EASTERN MID-COAST PLANNING COMMIS-
           The DEPs Guidelines itilow noti-conforming structures k,             but other issues. Ile first sentence in boldface closes a loop                         SION           Contact: Carol Shaw                                           81.
         t less than the reuired setback from the shore that are           hole whereby an owner of a non-conforming structure may                                9 Water Street                                                               A
         A damaged or destroyed (see referenced section for               decide it would be advantageous to intentionally destroy it so                         Rockland ME 04841                               594-2299
         description of destroyed or damaged) to be reconstructed or            as to be able to rebuild to a greater degree than might other                                                                                                       S
                                                                                                                                                                       GREATER PORTLAND COG                                                         C
         A Ile DEP Guidelines further Mate that the                      wise be allowed. The second sentence in boldface clarifies that                        Contact: Richard Seeley                                                      P
         reconstruction or replacement can only take place ifi 1) a per-        once the damage has occurred, the remaining structure can be                           133 Oxford Street                                                            S
         mit is "d within one year of the damage, destruction, or            destroyed for purposes of rebuilding. To address the size                              Portland, ME 04101                                   774-9891
         removal and; 2) if the rexxinstrudion or replacement is in            issue, an additional paragraph should follow the above revised                                                                                                      V
         compliance with (he water setback reuirement to the greatest          paragraph stating:                                                                     14ANCOCK COUNTY PLANNING COMMISSION                                          C
         p extent as determined by the Planning Board in ac-                                                                                                    Contad: Greg Lounder                                                         6.
         cordance with the purposes of this Ordinance-                              If the, Board (or CEO) determine-% that (hc Xrl)laccment                           R R #4, Box 22                                                               M
                                                                                structure cannot meet setback reuirements the allpficant                             Ellsworth, ME 04605                              667-7131
            event to which this section can be properly ad-                  InImt clemondrair. in the Hoard for CEO) that the portirin o
         Wred will depend on three factors- 1) the amount of                the mWacement structure Ldny within the setback will nl ex-                           M UN. RESOURCE& PLANNING LINCOLN CNTY
         damage that has occurred to the structure; 2) municipal                ceed the total fir" Area or volume the that would ha been                              Contact: Robert Pratt
                                                                                      Otted withi
         records of building permits and property tax assessments (to           pcrm             in thesetback tinder section 12(c)(1) prior to                        P.O. Box 249
         determine the actual size and value of the structure before the        darnagrordr-strugl*rm                                                                  Wiscasset, ME 04578                               882-6358
         damage has occurred) and 3) the municipa2Ws general ap-                     Further language should follow this paragraph stating:
         pc towards expansions of nonconforming structures.
                                                                                    s) Apponmd replatzmant structures shall not be allowed to
           The DP has expressed concern over the fad that a liberal            und= further cMatisinns within the setback- or,
         interpretation of the terms "reconstruction" and "replace-
          could result in a replacement structure being built in a                 If the volume or flow area of the pWicin of the replace-
         manna that igporeg the 3D% expansion limit within the                  ment structure located wiih*n the setback is lc--% than that
         orn setback. in other words, a person whose structure is         which wrnild have been Itcrinitted within the setback-* the
         damaged or destroyed could concrivably be allowed to                   Board (m C8M may littant subseuat pcrmits to allow the
         reconstruct their bulding, making the portion lying within the         gradurg,, in coand within the, setback in it% maximum allow-
         setback larger than would have otherwise been allowed if die           able- extent
         structure were sound and the owner sought to capand by the                                                                                                                   Financial assistance for the preparation of this document
         allowable 30.                                                             From an Administrative standpoint. the Planning Board or
                                                                                CEO mug have information on the floor area and volume of                                              COASTAL PROGRAM, through funding provided by th
         . a ciptailly chooses to anew now-coalbraning drvK-             the portion or the structure lying within the setback prior to                                        amended, administered by the Office of Ocean and Coast
         r to expand by 30% within the shorelaod setback, bow               damage. Tkis information is used to calculate the 30% expan-                                          and Atmospheric Administration, under award #NA90A
         should DEP Guidelines be amended so that replacement                   sion. If (a) above were enforced, the Board or CEO would
          will not ezeeed the 30% expansive limit?                     confirm that the replacement structure did not result in a
                                                                                greater amount of floor wra or volume within the setback. Th
         A.  first artegraph is auction 12 (C)(3) should be                municipality would need to assure that future expansions
         changed to nod:                                                        could no( take place within the setback. If a municipality
           All, _fwxai"MrnnnZ which in Iniested I,,xs than th@@              chooses option (b) above, it must have the capability to track
         r hrk fregn the normal heph-waler fine of a water            expansion reuests over the lifetime of a structurc and limit
         bg rt gresjo- nr upland cd= of, wetlAnd whkh is             them according to records.
                                              by fire-or Sol            than          ally. the following paragraph should precede the remain-
                                                 his aML b2 more                ing two paragraphs found in this section of DEP Guidelines:
         M% of  .rlrrt 3MIM nr th, strugure before such dgim,gc
                                                                            4

                n
                n
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                                                                                                                                   041 A 'N"4
                                                                                                                                               DEP ISSUE PROFILE
                                                                            PemiiL hy Rule WRIWA                                               Permit by Rule (NRPA)
                                                                                                                                       01191
             'AThere can I get additional information?                                                                                           revised: March 1991                     contact: (207)289-2111
             For more information, contact a Land Bureau staff member at the DEP office
             nearest you:                                                                                                          Background
                                                                                                                                   Permit-by-Rule regulations first became effective on February 15, 1989, for cortain
             a Portland     312 Canco Drive, Portland, ME 04103                                                                    activitics covered under the Natural Resources Protection Act (NRPA). Tile
                            (207) 879-6300                                                                                         regulations identify activities taking place in or adjacent to wetlands and
                                                                                                                                   waterbodies that should not significantly affect the environment if carried out
             * Augusta      State House Station 17, Augusta, ME,    04333                                                          according to standards contained in the regulations. A person proposing to do
                            (207) 299-2111                                                                                         work that qualifies for Permit by Rule is required only to file notice with tile
                                                                                                                                   Department of Environmental Protection.
             s Bangor -- 106 Hogan Road, Bangor, ME 04401
                           (207) 941-4570                                                                                          The regulations were recently amended, effective March 23, 1991, to expand the
                                                                                                                                   types of activities eligible under Permit by Rule and to include additional
             9 Presque Isle -- 1235 Central Drive, Presque Isle, ME 04769                                                          requirements further ensuring that these activities will not significantly affect the
                                (207)764-2044                                                                                      environment. In addition, the regulations were reformatted so that each activity
                                                                                                                                   section contains all the definitions and standards needed by applicants.
                                                                                                                                   Vniat is the intent of Permit by Rule2
                                                                                                                                   Permit by Rule is intended to save applicants the time and expense of filing a
                                                                                                                                   permit application with DEP, while at the same time providing direction in the
                                                                                                                                   form ofstandards as to how a work activity must be carried out.
         Ln                                                                                                                        What am the major provisions of the amended regulations?
                                                                                                                                   A 14-day waiting period and submission of "before" and "after" photographs are
                                                                                                                                   now required for most activities to document compliance with the regul    ations.

                                                                                                                                   New activities now eligible under the regulations include:

                                                                                                                                   *  construction of sewer line crossings
                                                                                                                                   *  replacement of wastewater disposal systems
                                                                                                                                   a  maintenance clearing of debris from intake and outfall pipes
                                                                                                                                   e  restoration of natural areas ("undoing" human alteration)
                                                                                                                                   e  replacement of retaining walls (subject to certain restrictions)
                                                                                                                                   *  installation of utility lines across coastal and freshwater wetlands,
                                                                                                                                      provided they're along an existing traveled way

                                                                                                                                   New requirements associated with existing activities eligible under Permit by
                                                                                                                                   Rule include the following:

                                                                                                                                   *  a straight 25-foot buffer is now required f0T disturbance activities (instead
                                                                                                                                      of scaled buffers, dependent on slope)

                                                                                                                                   *  soil disturbance is restricted to when the soil is saturated (instead of being
                                                                                                                                      based on calendar dates)
                                                                                                                                                                                                                             FA
                                                                                                                                   o  culvert sizing requirements under stream crossings have been downsized
                                                                                                                                      and bridges or other spanning structures are required less often
                                                                                                                                   J91 - 1.                                              printed on recycled paper














                                                                                  Permit by Ruh! (NRPM-2                                                                                                      Permit by Rule (NRI'A)-3


               What is the range of activities now eligible for Permit by Rule?                                                         Lq any additional information required by DEP?
               The following activities may be eligible:                                                                                Yes. A location map of the project site is required. And for all activities except
                                                                                                                                        moorings (Section 5), general permi':: rs:- state transportation facilities (Section
                   disturbance of soil material adjacent to a wetland or waterbody                                                      11), and stream crossings (Section 10), one or more photographs documenting the
                   placement of intake pipes and water-monitoring devices                                                               condition of the existing activity area ("before") must be submitted.
                                                                                                                                        Once an activity is completed, additional photographs documenting its compliance
                   maintenance, repair, and replacement of structures and      wastewater                                               with the regulations ("after") must also be stibmitted to DER
                   disposal systems
                                                                                                                                        Is there a fee for Permit by Rule?
                   placement of moorings                                                                                                At present, no. ButDEP will begin charging a nominal fee in the near future.

                   movement of rocks or vegetation by hand                                                                              When can I begin work?
                                                                                                                                        Upon DEP's receipt of a complete and accurate form, you may begin work after
                   placement of outfall pipes (including ditches and drain tile)                                                        waiting 14 days. You may wish to send the notice certified mail/return receipt
                                                                                                                                        requested or hand deliver it and have it date-stamped. Activities under Section 10,
                   placement of riprap                                                                                                  Stream Crossings, are exempt from the 14-day waiting period.

               a   construction of crossings (utility lines -- including sewer lines, pipes,                                            If the notice is found to be deficient, DEP will contact you within 14 days of
                   and cables)                                                                                                          receiving the notice.

                   construction of stream crossings (bridges, culverts, fords)                                                          DEP will not contact you unless the notice is deficient or it appears that your
                                                                                                                                        project does not qualify for Permit by Rule. However, a staff member from DEP,
                   general permits for maintenance, repair and reconstruction, or replacement                                           the Department or Inland Fisheries & Wildlife, or the Department of Marine
          Ln       of state transportation facilities                                                                                   Resources may inspect the site to determine if the work was carried out in
                                                                                                                                        compliance with the rule.
               9   restoration of natural areas (i.e., "undoing" human alteration)
                                                                                                                                        How long is the permit valid?
               N1 propose one of the eligible activities, how do I know if I qualify for                                                The permit is valid for 2 years, provided you comply with all the standards. 11
               PP,                                                                                                                      your activity is not complete at that time, you may file another notice provided the
               First, you should obtain from DEP copies of the NRPA and the Permit-by-Rule                                              regulations have not been revised to exclude your activity.
               Standards (DEP Rule Chapter 305) and turn to the section for your proposed
               activity in the Permit-by-Rule Standards.                                                                                If I qualify for Permit by Rude, do I need other permits?
                                                                                                                                        Perhaps. Permit by Rule does not take the place of any other local, state, or federal
               Second, read the applicability section at the top of the page, which describes in                                        approvals you may need. In specific instances, activities may require a shoreland
               further detail what activities are included and where they are included. For                                             zoning permit from your town, a lease from the Bureau of Public Lands
               example, the movement of rocks or vegetation by hand (Section 6) applies only to                                         (207-289-3061) if your work extends onto state-owned submerged lands, or a permit
               work using nomnotori zed equipment and does not apply to work in coasta I or                                             from the U.S. Army Corps of Engineers (207-623-8367).
               freshwater wetlands.
                                                                                                                                        What if I don't qualify for Permit by Rule?
               Third, read all the standards contained in the section pertaining to your activity.                                      If your activity does not qualify, you must file a complete application form under
               If you can meet all of the standards, you are eligible for Permit by Rule.                                               the NRPA. These forms are available from DEP's Bureau ofLand Quality
               if I am eligible, what's the next step?                                                                                  Control.
               You must file notice of your proposed activity on a form provided by DEP. The
               three-part form enables you to submit two copies to DEP (one will be sent to the
               appropriate municipality) and to keep one copy for your records.















                Incorporating Coastal Policies into Comprehensive Plan.-.4

                   office of Comprehensive Planning -- Coastal Program                                 MARINF PE,SOURCH, MANAGJ-'.M1-;NT
                                         January 1991
                                                                                                       Coastal Policy #2: Manage the marine environment and its related
            The Comprehensive Planning and Land Use Regulation Act (th,, A(:i.)                        resources to preserve and improve the ecological integrity and diversity
      requires that local growth management programs for coastal                                       of marine communities and habitats, to expand our understanding of the
      municipalities be consistent with Maine's nine Coastal Manacement.                               communities and habitats, to expand our understanding of the
      policies. The Policies were enacted by the Legislattire as I         art of   the                productivity of the Gulf of Maine and .@astal waters and to enhance the
      1986 Maine Coastal Act, 38 M.R.S.A. 1801.         Although the concerns                          economic value of the state's renewable resources.
      addressed by the Coastal Policies are similar to many of the state goals
      established by the Act, the Policies provide more specific direction for                               For a coastal municipality, the Plan should identify whether or nc!:@
      coastal municipalities.      Coastal communities should use the Policier; as                     there are significant Ynarine resources (shellfishing and worming areas,
      a guide in identifying local issues and problems related to oorts,                               fisherics, other marine habitat).       If there are marine resources, the
      harbors, and coastlines and in developing community goals, Policie.,.,-, and
      implementation strategies.                                                                       Plan should:
                                                                                                             - describe any trends associated with closings/openings of
            The Department of Economic and Community has published          a guidebook                        shellfish areas, and, if known, identify the reasons why
      designed to help municipalities identify creative solutions           ::.o coa!:;tal                     shellfish areas are closed (e.g. sources of contamination, such
      management problems and issues (Coastal Management-.1e-qbnj_cl11Ss:_A                                    as sewage treatment plant, overboard discharges, indL[Strial
      Handbook for Locpl OflicLa s Ogtolzter 9-88).        Local planninz-. committees                         discharges, etc.);
      may find this document valuable in the development of coastA@ sections
      of comprehensive plans.      Free copies of the handbook are a%,a'-lable from                          - as part of the local or regional economy section, discuss the
      the office of Comprehensive Planning (State House Station 13-2, Augusta,                                 importance of marine resources;
      ME 04333, 289-6800).
                                                                                                             - assess the adequacy of existing local ordinances to protect and
   W        The following sections should be used as a "checklist" by coastal                                  manage marine resources (e.g. resource protection zoning, local
   OD municipalities in determining whether a local comprehensive nian                                         shellfish management programs or ordinances, etc.); and
      adequately addresses the nine Coastal Policies.
                                                                                                             - identify the likely impacts of future growth and development on
      PORTS AND HARBORS                                                                                        marine resources (e.g. contamination, loss of public access, need
      Coastal Policy #1: Promote the maintenance, development and                                              to protect water dependent uses, etc.)
      revitalization of the state's ports and harbors for fishing,                                           if significant marine resources exist within municipal boundaries.
      transportation and recreation.                                                                   the Plan should contain policies and implementation strategies aimed a--
            If a coastal municipality has one or more.11harbor" areas, the Plan                        protecting and/or managing these resources.
      should:                                                                                          NOTE:   Some communities are having difficulty with this topic area due
                                                                                                       to the lack of data provided by the DepArtment of Marine Resources
            - contain a basic description of harbors and associated facilities,                        (DMR).   While DMR has not been routinely providing information to towns,
              including water dependent uses (see discussion on wazer. dependent                       they will supply data to individual towns if they receive a specific
              uses under "Shoreline Management" below);                                                request. Thus, coastal towns should be encouraged to contact DMR to
                                                                                                       obtain information on shellfish and worming areas (and which areas are
            - identify existing issues related to harbors (e.g. overcrowding of                        closed), fisheries, fish landings data, and the number of commercial
              dock facilities, lack of parking, unsafe mooring alignments,                             fishing licenses (by species) issued by DMR to individuals within a
              facility improvement needs, etc.); and                                                   particular town(s).      Contact person at DMR is Mike Moser at 289-229
            - based on growth projections, identify anticipated future needs                           state ifouse Station 21, Augusta, HE 04333.
              (e.g. more parking areas, additional moorings, additional boat
              access facilities, etc.).

            If harbor issues are identified, the Plan should include
      appropriate policies and implementation strategies to address           then).



                   ling =I






        101,17j- INE MANAGEMRITI'--AND -ACCESS                                                                 1, tans should include clear implementation measures to carry out
      Coastal Policy #3: Support shoreline management that gives preference to                                 th,- po I icios, such as establ ishing WDU zoning districts,
      water-dependent uses over other uses, that promotes public access to the                                 p,irchasing land, providing infrastrlicture, etc.
      shoreline and that considers the cumulative effects of development on
      coastal resources.                                                                                     Jliihlic Access

            .As described in the Coastal Policies handbook, we are concorn-1                                 TO F;ome degree, public access to coastal waters is an area of
      about three topic areas here:                                                                    rnnccin for all coasta.1 municipaliti.es.     Thus, each local Plan should:

            ï¿½ providing for water dependent uses;                                                            - contain a hasic description of public access sites and facilities
                                                                                                               and important private facilities.      Regional access facilities
            ï¿½ promoting public access to coastal waters; and                                                   used by local residents should also be included in the. inventory.
                                                                                                               If there are no public access facilities in a community, the Plan
            ï¿½ Considering the cumulative aspects of coastal development.                                       sh0uld note this fact;
      In most plans, these topics tend to be part of discussions on land use,                                  identify existing public access needs (i.e. the types of sites
      recreation (access), marine and/or natural resources, and                                                and facilities needed, such as boat raTnp,, parking areas,
      harbor/waterfront management.       Jt doesn't matter where in the plan                                  picnic/swimming areas, walking trails, etc.); and
      shoreline management issues are addressed, as long as they are covored.
                                                                                                               based oil growth projections, identify anticipated future public
            Water-Dependent Uses                                                                               access needs.

            For obvious reasons, this topic is of greater significance in                                    If public access issues are identified, the Plan should include
      those coastal towns with a significant commercial fishing/recreational                           appropriate policies and implementation strategies to address them.
      boating industry than it is for towns with little or no direct economic
      reliance on coastal resources (e.g. towns along tidal stretches of                                     .0imu-1ative _Impacts
      rivers) . Thus, the emphasis placed on this issue by each town will
      vary.                                                                                                  Concern about the cumulative impacts of development was a major
                                                                                                       reason for enactment of the Growth management Act.         From a coastal
            - At a minimum, all coastal towns should include an inventory of                           perspective, the Comprehensive Plan should address the protection of
              significant existing water dependent uses (WDUs).         It is helpful                  those resources that have been or will be impacted by the cumulative
      Ln      if the inventory indicates the location of WDUs (either a map or                         effects of development.     Some suggestions are as follows:
              written description). As part of this discussion, it is
              important to note any trends (increases or decreases) in WDUs.                                   Identify coastal resources that are vulnerable to the cumulative
              Also, if significant, the contribution of WDUs to the local                              effects of coastal development (e.g. scenic areas, productive shellfish
              economy should be noted.                                                                 areas, water supplies (saltwater intrusion), etc.)
            - Plans should also indicate which areas of the shoreline                                        - Evaluate whether existing Shoreland Zoning Districts are
              may be suitable for future WDUs.       Minimally, towns should                           appropriate. Are sensitive ecological areas zoned for resource
              reference (and discuss the accuracy/relevance of) the WDU maps                           protection or limited development? Are zoning districts along both
              prepared by the State Planning office. As part of this                                   sides of a river consistent (this will probably involve interlocal
              discussion, Plans should generally describe the types of WDUs                            cooperation)?
              (e.g. commercial fishing, recreational marina, boat
              building/repairs, etc.) that will be encouraged.                                               - similarly, are existing shoreland performance standards or other
                                                                                                       land use controls adequate?     Are more protective buffer areas and
            - Plans should include specific policy statements        regarding WDUs.                   setba cks required? Are scenic views protected? Do subdivision
              Policies should indicate whether the Town wants        to encourago. or                  ordinances encourage the development of "community" docks rather than
              discourage various types of WDUs and potential locations for sucn                        individual docks?
              uses.
                                                                                                             Plans should include appropriate policies and implementation
            - Plans should assess the adequacy of existing ordinances or other                         strategies that address the impacts of cumulative development.            In
              mechanisms to protect water dependent uses.                                              partirular, the future land use plan for each community should

                                             3                                                                                               4
















        enurayr, a pat tern of developme [It. th at wiI I mi ni. mi ze U10 i 111paut !; o I
        tive developmnt (e.g. dire(J c1rowth away from @;ensitlivn                                  ass,,ss t-lic adeuacy of existin
        ecological areas, discouracle strip dovelopment., etc.)                                             re@@ources; and

        LA)AREA DEN@11,EMENT                                                                       identify thr, likely impact, of
                                                                                                            and critic;il natural areas.
        coastal Policy #4: Discourage growth and new development in coastal
        areas where, because of coastal storms, flooding, landslides or                                     The Plan should contain policies,
        sea-level rise, it is hazardous to human health and safety.                                  aimed at protecting these resourcer;.

              Typically, hazard areas are addressed as part of' the natural                         RECREATION AND TOURISM
        resources section of' a Plan.    If a coastal community has "hazard    arna@;"
        (includes floodplains, areas vulnerable to coastal storms and/or       s ;.I                 coastal Policy #7: Expand the opportu
        level rise, high erosion areas, etc.) , the Plan should*                                     encourage appropriate coastal tourist

              -describe and indicate the location of (preferably on a map) all                              if issues related to outdoor rec
               coastal hazard areas; and                                                             to the water) or tourism are identifi
                                                                                                     should:
              -assess the adeuacy of existing ordinances or other land use
               controls to reduce or eliminate the potenti.al danger to litiman                             -contain a basic description of
               life and property associated with floods, storms, and other                                  including an assessment of the
               natural events (i.e. has the community adopted a floodplain                                  needs;
               management ordinance?) .                                                                     -identify potIential recreation
              Plans should contain policies and implementation strategies, aimed                            opportunities/attractions; and
        at restricting or eliminating development in hazard areas.                                          -ba@ed on growth projections (f
        MA_ AND LOCAL COOP                MINT                                                           projections (for tourism), ide
                                                                                                            site/facility needs.
        Coastal Policy #5: Encourage and support cooperative state and municipal
        management of coastal resources.                                                                    The Plan should also contain cle
                                                                                                     strategies to address identified issu
              Each Plan should identify those resources and facilities reuiring                     W@rER_IIALITY
        regional. coordination and planning and include them in a REGIONAL
        COORDINATION PROGRAM.    Coastal issues that seem to be important on the
        regional level include: watersheds, transportation corridors, public                         coastal Policy 418: Restore and mainta
        access, managing marine resources, and shoreline development (especially                     and estuarine waters to allow for'the
        along rivers).                                                                               public and private uses.
        SCENJCAND NATURAL AREAS PROTECTION                                                                 With respect to marine waters 4(i
                                                                                                     rivers), the Plan should:
        Coastal Policy #6: Protect and manage critical habitat and natural areas                            -include a basic description o
        of state and national significance and maintain the scenic beauty and                                watershed boundaries, DEP wat
        character of the coast even in areas where development occurs.
              For a coastal mtinicipality, the Plan should:                                                 -describe major sources of pol
                                                                                                             impacting coastal waters; and
              - identify the location and importance of scenic areas and critical                           -assess the adeuacy of existi
               natural. areas (maps showing  ,the location of these areas is very                            of coastal. waters.
               helpful);                                                                                                                I
                                                                                                            The Plan should contain policies
              - identify existing threats to these resources;                                        aimed at protecting and.manaing coas


                                             5                                                                                            6





                                                                                                        J


                                                              No       8m2v       o4m
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      Coa9tal Policy #9: Restore and maintain coastal air quality to protect
      the health of citizens and visitors and to protect enjoyment of the
      natural beauty and maritime characteristics of the Maine coast.
           For most coastal. municipalities, air quality will not bp a major
      issue.  If appropriate, however, local Plans should identify major
      sources of air pollution and contain policies and implementation
      strategies to address the problem.  Towns are not eypected to address
      problems that are bryond their fiscal/management capacity or legal
      authority.















































                                        7


















                                                                                                              Subsection "c" provide!; the Platu
                                                                                                              opportunity to work with an ippli
                                                                                                              and minimize impocts of a marine
                                    PERFORMANCE STANDARDS                                                     environinent. The intent-. of this
                                              FOR                                                             Iength, and henur! the impact., to
                                    PIERS DOCKS, WHARVES,                                                     TICCC!S;iITY f01- thr,' Llr(?.
                                 AND OTHER MARINE STRUCTURES
                                                                                                              ,gubsection 'If" is the heart of t)
                    To enhance local review- and decisions over the                                           that new structures be consistnnt
              development of new piers, docks, wharves and other mirinr!                                     structures through limitations oi
              structures, the office of Comprehensive Planning ha.,;                                         footage.   Standards for both pri\
              developed model performance standards that can be                                               and commercial I'Z'Cilities are pr(
              incorporated into local Shoreland Zoning ordinances.                                            are consistent with DEP's standay
              Municipalities interested in using some or all of these                                         under the Natural Resources Protc
              standards will need to replace the existing standards in
              1;ection 15(c) of the Department of
                                                      Environmental Protection                                Subsection IIgI- encourages subdivi
              (DEP) Guidelines for Municipal Shoreland Zoning Ordinancer                                     community docks, instead of a ser
              (effective date:    March 24, 1990) with the attached
              standards.    Any assistance in reviewing these performance                                     Subsections Ilh-I and "ill provide i
              standards and modifying them to meet local needs can be                                         placement of the structure in sei
              obtained from your Regional Council or OCP staff.                                               unctional necessity.
                    The Office of Comprehensive Planning wishes to                                            Subsection "j" concerns height rf
              acknowledge the assistance provided by David Klenk,        Yarmouth
              Town Planner, Bill LaFlamme and Mark Cotter of the DEP, Pind                                    App
                                                                                                                 -1 c-AJ8Lol Produre - This sect
              Tom Ford who produced the initial draft of these standards-                                     information about a proposed inari
              Much of the language included in the following standards are                                    included with the Shoreland Zonir
              taken from Yarmouth's zoning reuirements and the proposed                                      information listed below is neceE
              DEP performance standards.                                                                      13oard's review of the potential
                    These standards are intended to encourage the                                             Subsection "all calls for maps whi
              following:    the design and construction of public and                                         project.   The Coastal Marine Geol
              community docks in lieu of private docks;        the construction                               Significant Fish and Wildlife Hat
              of temporary or seasonal docks in lieu of permanent docks;                                      Coastal Sand Dune Maps are sugget
              and minimize both the ecological and visual impacts along                                       Board can receive a more completc
              the shoreline.                                                                                  impact on the-site.
                    The following discussion summarizes the three major                                       Subsection IIbII calls for the incl
              sections of the model standards for piers, docks, and                                           the project, particularly includi
              wharves - Performance Standards, Application Procedures,          and                           floats, with which the Planning
              Definitions.                                                                                    potential visual impacts of the I
                                                                                                              facilities are included since tln
              Performance Standards - The intent of these       standards is    to                            the entire, more permanent part c
              protect natural and visual resources in the       siting, design,                               plan should indicate whether any
              and construction of marine structures.                                                          methods will be needed, such as t
                                                                                                              terracing.
              Subsection "all serves as a guide to the placement of a
              marine structure in appropriate soils, to avoid either                                          Subsection IIcII calls for a,comple
              further damage to the shoreline, or later subsidence of the                                     ensure that no additional harm is
              structure due to improper Anchoring to the soil.                                                through the use of inapprot1riate
                                                                                                              instance, the DEP prohibits the t
              Subsections "b" - I'd" are designed to help minimize the                                        materials containing pentachloroy
              impact the structure will have on the surrounding
              environment, from both a landward and seaward perspective.





                                                                                                                                       I    lint
 













                 Subsection I'd-' reuires that letters contain.in no
                 objections to the proposed development be submitted for any
                 project closer than twenty-five (25) feet to the propert-y
                 lines. 1110s. serves to alert both neighbors and townsp(!op],                                    SECTION 15: LAND USE STANDARDS
                 to the addiLion of a marine structure. This languarjr c-in!;
                 from the Army Corps of Engineers' "Guideline!; for the                                                  C-)   LPIKRS_THO1ta, -,HARVE
                 Placement of' Fixed and Floating Structures in the Navigahl,,                                                 EXTENDING OVER   FOR BEY
                 Waters of the United States."
                                                                                                                               LIEOF   -A_ WATE-R BOD-Y,
                 Definitions - These serve to make sure that all those                                             [NOTE:   These standards apply t
                           in this process are speaking the samp lanuage.                                                           t:
                 invdv cT                                                                                         peimanent struc tires.)

                                                                                                                         1 -) Yg]FOR0MNg__T4NDARDE
                                                                                                                   piers, docks, wharves and other
                                                                                                                   reviewed by the Planning Board
                                                                                                                   following standards listed in

                                                                                                                         if the Board is unable to
                                                                                                                   criteria below due to either in
                                                                                                                   intormation, the Board will re
                                                                                                                   an environmental. impact analysi
                                                                                                                   impact on natural. areas, includ
                                                                                                                   structure in conjunction with o
                                                                                                                   structures.

                                                                                                                         The Planning Board may als
             J                                                                                                   be modified to ensure conforman
                                                                                                                   forth below. Mitigation measur
                                                                                                                   limited to, changes in the desi
                                                                                                                   marine structure, or changes in
                                                                                                                   location of activities carried


                                                                                                                         The Board shall approve an
                                                                                                                   finding that:

                                                                                                                               a.) Access from the
                                                                                                                               soils appropriate foi
                                                                                                                               through consultation
                                                                                                                               Water Conservation S(
                                                                                                                               Extension. Whenever
                                                                                                                               shore to the marine s
                                                                                                                               bedrock. Measures st
                                                                                                                               erosion both during a

                                                                                                                               b.) The proposed loc
                                                                                                                               shall not unreasonabl
                                                                                                                               existing marine stru(
                                                                                                                               access, nor shal.1 it
                                                                                                                               existing developed oi

                                                                                                                               c.) The marine stru(
                                                                                                                               sited, and construct
                                                                                                                               adverse impacts on s
                                                                                                                               or uniue natural ar
 
















                             to:   fin fish and shellfish fisheries., salt                                                        tiucture reuires dir
                             narshes, eel gri!-.s heds, shorebird feedin,j and                                                        oporational nece;si
                             nosting habitats, critical fish spawning ind
                             nursery areas, ctc.                                                                                         No existing struc
                                                                                                                                   abutting a pier, dock,,
                             d.)   Unreasonable interfernnce with the natura1p                                                   extending beyond the n
                             flow of any surface or subsurface waters, or                                                          water hody or within a
                             impedance of the flow of the current of any rivet                                                     to residential dwel.lin
                             or channel shall be minimized during the
                             construction and subseuent use of the marine.                                                        j.)   Except in the Gen
                             structure.                                                                                            and Commercial Fishrri
                                                                                                                                   District, structures I
                             e.)   The marine structure shall be designed,                                                         pier, wharf, dock or
                             sited, and constructed so as not to encroach upon                                                     heyond the normal hig
                             Federally designated navigation channels or                                                           or within a wetland st
                             mooring areas or otherwise obstruct by any meanF                                                      feet in height above
                             whatsoever the free use of piers, docks, and other                                                    other structure.
                             common landing places.
                                                                                                                      [NOTE:    Pernanent structures pr
                  (NOTE:  The Planning Board may reuest comments from the                                            bodins are reuired to obtain a
                Harbor Master or the Harbor and Waterfront Committec.)                                                of Environrcrital Protection (NA
                                                                                                                      Section 480-C)
                             f.)   The marine structure shall be no larger           than
                             necessary to accomplish the purposes for which D
                             is designed, notwithstanding the dimensional                                                   2-)                   SUBMD!3S:0L
                                                                                                                                                             
                           limits listed below.      Its size and construction                                      applicationf shall. contain the
                             shall not change the intensity of the adjoining
                             land use, and by no means shall exceed a total,                                                       a.)   A photocopy of r
                             distance of more than 1/3 the width of the water                                                      the location of the p
                             body, when proposed for coastal or inland                                                             example:
                             waterways. The applicant may reuest a variance                                                             (i) USGS topogra
                             from the dimensional reuirements due to the                                                                (ii) "Coastal Ma
                             additional reuirement of handicap access or                                                                Maps" (1:24,000)
                             unusual wind or wave conditions.                                                                            Maps," (1:4800),
                                                                                                                                         Geological Surve
                                               Max. Width               Max. Lengtjh                                                     (iii) "Significa
                       PRIVATE PIERS           six (6) ft.              100 ft.*                                                         Resource Maps,"
                       COMMERCIAL PIERS        Twelve (12)    ft.       100 ft.*                                                         of Inland Fisher
                       RAMPS                   Four (4) ft.             As appropriate                                                   vary).
                       DOCKS, FLOATS           Two hundred    (200) s. ft.
                                               *landward of the mean low                                                           b.)   Site plan, plan
                                               water line                                                                          scale) of the propose
                                                                                                                                   indication on separat
                             9.)   When proposed by the applicant, new                                                             shoreline stabilizati
                             subdivisions shall provide a community dock in                                                        reuired by the proje
                             lieu of the development of docks on individual
                             lots.   The applicant may reuest a variance for                                                      C.)   A complete list
                             additional community docks provided a demonstrated                                                    including a list,of a
                             need can be shown for the additional facilities.                                                      (paint,etc.), for all

                             h.)   No new structure shall be built on, over or                                                     d.)   If structure is
                             abutting a pier, wharf, dock or other structure                                                       twenty-five (25) feet
                             extending beyond the normal high-water line of a                                                      application most cont
                             water body or within a wetland unless the                                                             from the adjoining pr
 














                            i.) Upon a finding of objection by an
                            abutter, the Planning Board shnil hold a
                            public hearing within 30 days of such notice;

                            ii.) After such hearing, the I'lanninq Board
                            shall make a determination concerning the
                            objections (to be entered into public
                            record), finding either:
                                 1.) no objection to the proposed
                                 project;
                                 2.) objection, with revisions;
                                 3.) or, rejection of the proposed
                                 project.



                  3.)  DEFINITIONS

                       Community Doc : A water accessed marine structure
                       owned, maintained, and used by a common group of
                       people, such as a subdivision or condominium
                       association.

                       Dock: Any structure, whether permanent or
           ON          temporary, which acts as a landing place for
           VI          watercraft. This includes any combination of
                       piers, docks, and floats.

                       Marine Structure: Any non-habitable structure,
                       whether permanent or temporary, built on or over i
                       water body, including but not limited to piers,
                       docks, wharves, breakwaters, culverts, jetties,
                       groins, bridges, soil erosion retaining walls,
                       bait sheds, processing facilities, etc.

                       Permanent Structure: A structure which is placed
                       on or in the water or shore for a period seven (7)
                       months or longer in any twelve (12) consecutive
                       month period, and is fixed permanently in
                       position, either by method of construction or
                       anchorage.

                       Private Dock: A water accessed marine structure
                       owned, maintained, and exclusively used by a
                       private entity such as an individual, trust,
                       association, or corporation.

                       significant wildlife Habitat: Habitats for animal
                       species appearin@ on official State or Federal
                       lists of endangered or threatened species. High
                       and moderate value deer wintering and travel
                       corridors, waterfowl and wading bird habitats
                       (including nesting and feeding areas), shorebird
                       habitats (including nesting, feeding and qtaqing





           MAINIE TOVvNSMAN Morch, 1991                                                                                                   EXHIBIT E-7
                                                    Comprehensive
                                                                   Planning

                         A progress report on Maine's Growth Management Program
                     By Charles Colgan                          ting ordinances.                                    The Law and State Agency
                                and                               Since passage of the Growth Management              Revfiew and Assistance
                                                                law Maine's economy has cooled and with               The most common concern we heard
                        Denns E.       Gale                     it, the pressures for growth. With rising           about the Growth Management law and it.s
             In May 1988 the Legislature enacted                unemployment, increasing local taxes and            administration was that it was (or might
          Maine's first statewide program to encourage          staggering State budget shortfalls, Maine           become) too inflexible. For example, the tier-
          town comprehensive land use planning. The             citizens ate struggling with other priorities.      Ing process was thought to force some
          law came at a time when rapid growth and              Yet, no longer faced with a flood of develop-       towns to plan before they are ready, and to
          development were occurring in many sec-               ment applications, towns are in a better posi-      prevent others who are ready from initiating
          tions of the state and concern was rising that        tion to prepare themselves for a future that        the planning process. Concern over the abili-
          too many municipalities were unprepared for           will certainly continue to bring people and         ty of very small towns with limited govern-
          the complex decisions that were necessary.            businesses to Maine in pursuit of our highly        mental capacity to meaningfully participate
          While few communities wanted to give up               regarded quality of life. Seeking insights on       in the Program was widespread. Some
          their independence in land use matters,               how the Growth Management Program has               observers said that deadlines for implemen-
          many realized that existing tools were not            performed to date, the Edmund S. Muskie             tation of plans are too short, given the enor-
          sufficient to balance the twin issues of              Institute of Public Affairs at the University       mous energy that must be expended in
          growth and preservation.                              of Southern Maine undertook a study last            preparing the plan.
             The Growth Management law requires                 fall. Supported by grants from the Maine              At the time of our meetings, OCP had just
          every community to prepare and adopt a                Research Fund, the Department of                    begun to review town plans. We found a
          comprehensive land use plan and zoning or-            Economic and Community Development,                 general anxiety about how OCP and other
          dinance in conformance with the adopted               the University of Southern Maine and the            agencies would carry out these Tespon-
          plan. A community facilities program must             Muskie Institute's own resources, the study         sibilities. Would the staff scrutinize town
          also be created and made consistent with the          will offer recommendations on strengthen-           submittals "to the letter of the law?" Or
          plan. An extensive inventory of existing con-         ing and improving the Growth Management             would they recognize the varying needs,
          ditions in the town must be completed. Ten            Program.                                            capacities, levels of planning experience and
          state-mandated goals must be incorporated               During the first phase of the study, com-         resources of individual towns and show
          into the plan and explicit growth andjyral            pleted this past fall, six 'focus group"            latitude and understanding? On the other
          districts must be designated on the plann-            meetings were conducted with people in              hand, not all participants worried about State
          ing map. Also necessary are policies ar-              Maine holding a variety of interests in growth      rigidity. Especially among planners, conser-                    T
          ticulating how the goals are to be met and            management. Nearly 60 professional plan-            vationists and some comprehensive plan
          how land use decisions in the growth and              ners, conservationists, development in-             committee members, we heard concerns that
          Tura] districts are to be made.                       terests, regional planning commission               State review might be too lax or inconsis-
             Administered by the Office of Comprehen-           members and directors, and members of               tent from town to town. They were anxious
          sive Planning (OCP) of the Department of              local comprehensive plan committees from            to have standards applied evenhandedly and
          Economic and Community Development,                   towns in central and southern Maine par-            fairly but with enough rigor to ensure that
          the Growth Management Program divided                 ticipated in these meetings. Hoping to gain         the effectiveness of planning will not be
          Maine's communities into three groups or              views. from citizens most experienced with          compromised.
          "tiers". Tier One towns - the fastest grow-           the functioning of the Growth Management              State financial assistance was generally
          ing over the period 1980-87 - were given              Program to date, we concentrated on those           held to be adequate at a "bare minimum"
          until January or June of this year to submit          familiar with the Tier One towns. The results       level, although some participants felt that ad-
          their plans to OCP for review. Tier Two               of our research have been communicated to           ditional funding would be desirable. Some
          towns have until 1993 and Tier Three                  the Office of Comprehensive Planning and            towns have found however, that the State's
          towns, until 1996, to submit their plans.             to key legislators. We have been fortunate          required paperwork for reimbursement of
          While OCP has the chief oversight respon-             that so many public-spirited citizens of Maine      planning expenses is too complicated.
          sibility, several other agencies are involved         were willing to share their valuable time with      Others felt that a State policy requiring
          in reviewing portions of town plans dealing,          us in the six meetings and we have dedicated        towns to complete the inventory phase of
          for example, with groundwater quality,                our final report to them.                           their plan before receiving planning funds
          agricultural and forest lands, historic preser-        We asked our focus groups for their                was unduly restrictive. There was particular
          vation and affordable housing. Towns can              thoughts on the overall performance of the          concern that assistance to towns to imple-
          apply to OCP to receive financial assistance          Growth Management Program to date and               ment the plans would be inadequate and that
          in the preparation of plans and implemen-             their recommendations for "mid-course cor-          this would destroy the entire effectiveness
                                                                rections" and improvements. Their com-              of the Growth Management law. Some
                                                                ments centered around four themes: The law          towns will have to expand their existing plan-
                   About The Authors                            and state agency review and assistance, the         ning office to handle the new responsibilities,
             Charles Colgan and Dennis Gale are faculty         local planning process, citizen involvement         while towns with no planner will "start from
          members at the University of Southern Maine in        and leadership and the role of the regional         scratch". Support for the hiring of town plan-
          the Edmund S. Muskie Institute of Public Affairs.     planning councils.                                  ners, setting up of planning offices, purchase     11
                                                                                         66






              MAFNE TOWNSMAN March, 1991



               In some cases, unsuccessful leadership by         dedicated own residents. Several observers           Our participants made it clear that RPCs
              town planning committee chairpersons was           were unclear about how the State would             have had to devote most of their time and
              a factor in the attrition problem. Where           react if a plan is defeated at town meeting.       resources to assisting their member to%@ns
              chairs do not enjoy widespread citizen con-        How much time will a town have to revise           in the preparation of their plans. As a result,
              fidence or where they are lackluster in their      its plan and hold subsequent town meetings,        regional review of local plans has not been
              duties, the quality of the planning process        they inquired? Similarly, the law requires         as detailed as many would like. Moreover,
              suffers. Where chairs allow a few people on        towns to hold a public hearing on the draft        many nearby towns are not preparing plans
              the committee to dominate decision-making,         plan. But if changes to the plan result from       jointly - in some cases because the tiering
              other, grow discowagel, In some towns, the         this meeting, it is not clear whether additional   process puts different towns on different
              committees have not received the attention         hearings would be necessary.                       planning schedules. Thus, issues of mutual
              and support they need from selectmen or                                                               concern are not often addressed through in-
              councilors. thereby increasing the perception               Regional Roles                            terlocal partnerships. Furthermore, special
              hat he planning activity is not well regard,         The Growth Management law            specifies   purpose districts with important effects on
              ed. Although almost everyone at our                important roles for Maine's regional plann-        regional growth such as school and water-
              meetings expressed deep appreciation for the       ing councils to play in the preparation of local   sewer authorities are not participating in the
              planning committees and their chairs, many         plans. It provides that towns can contract         plamng process because the Growth
              felt that there was room for impro%Ang leader-     with the RPC, or with private consultants,         Management law does not provide for their
              ship, representativeness and participation.        for technical assistance in preparing their        involvement.
               A final issue raised in our focus groups          plans. In addition, it requires that each town       RPC participants in our meetings
              was the reception the draft plans would            in an RPC's region submit its plan to RPC          lamented that these problems were related
              receive at town meeting and public hearings.       staff for review and comment. The purpose          in part to the well-documented dilemma of
              We were cautioned that a combination of            of the latter requirement is not to add            the ambiguous role Of regionalism in Maine.
              citizen ignorance about the Growth Manage-         another layer of bureaucracy but instead, to       But even more immediate were their con-
              ment law, hostility to planning and apathy         ensure that towns in the area are not plann-       cerns that the Growth Management Program
              heightened by a slow economy could erode           ing at cross purposes with one another.            has not funded the RPCs adequately, given
              support for adoption of the plans in some          Legislators had well-founded fears that the        other responsibilities, to fulfill their twin
              communities. Because town meetings bring           actions of some upriver towns, for example,        duties under the law. Providing technical
              large-scale citizen involvement only at the        might endanger water quality for those             assistance to these towns, along with the
              end of the planning process, rather than           downriver. Inconsistent zoning designations        RPC's other activities, has strained their
              along the way", they could become the vehi-        on either side of town boundaries are              resources to the limit, some told us. And
              cle for toppling thousands of hours and            another example of the need for interlocal         without state authority given to the RPCs.
              thousands of dollars worth of work by              cooperation.                                       they can do little more than encourage towns



































                                                                                        67



 Id



                 MAIINt I UVVINNVIAIN March, IYYI


                 of maps, equipment and the maintenance of          and guidance on the liabditie's of non-           along coastal areas. One goal, however, asks
                 records will be necessary.                         compliance with the law.                          that towns try to ensure that ten percent of
                   OCP technical assistance was generally                         The Local                           the average growth in housing be affordable
                 found to be adequate, although a few par-                                                            units. While no one quibbled with the inten-
                 ticipants complained that some state agen-                Planning Process                           tions of this provision, some questione8 the
                 cies had not been responsive to their needs          At the heart of the Growth Management           definition of "affordable" and others, the
                 for information. Others, they said, had sup-       Program is the preparation of local town          reception some town residents would show
                 plied unusable data, maps and information.         plans. We inquired of our participants how        for multi-family or low-income housing. Few
                 A state official who participated in our study     the various 'ingredients" of the planning pro-    complaints were expressed about the other
                 noted that his agency had not received ade-        cess were viewed in their towns. They felt        goals.
                 quate funding to staff the added review pro-       that the requirement to designate growth and           Public Participation
                 cedures necessary under the Growth                 rural areas was helpful in providing a struc-
                 Management law. Also of concern to many            ture to the planning process but some ques-                and Leadership
                 participants were the recent amendments to         tioned whether this provision wouI6 be fully        Almost everyone expressed concerns
                 the Mobile Home and Shoreland Zoning               accepted by the town at large. Fews about         about the level of public involvement in their
                 laws. These additional State-imposed               loss of land value or property tax revenues       town's planning committee and the represen-
                 burdens on localities already struggling to        in the rural districts were expressed. Some       tativeness of participants. Participation is
                 complete their plans were seen as detrimen-        participants pointed out that there are towns     often limited to a small number of people
                 tal and disruptive to the success of the           with a clearly defined center (i.e. growth        who bring a high degree of energy, but are
                 Growth Management Program.                         district), but others with two or more village    frustrated by the amount of work involved.
                   We asked our participants how effective          centers in different parts of the town. In these  The challenge of preparing plans to address
                 they felt the law's sanctions for non-             latter places, designating a growth district      all aspects of a town's social, economic, and
                 compliance were. The sanctions include loss        can be complicated. In some adjacent towns,       natural environments as well as the needs
                 of local zoning authority and denial of            one community has a commercial area               and desires of town residents who rarely par-
                 eligibility for state programs for community       which serves as the "growth" center in both       ticipate (even when surveys are conducted)
                 development and open space acquisition.            communities. Yet, under the Growth                was frustrating. Some of our participants
                 They also include ineligibility for town           Management law, each town must designate          cited regrets in their town that the town plan-
                 assistance from the State legal defense fund       a growth district.                                ning committees were not as representative
                 in land use litigation cases and ineligibility       The law also requires that plans cpntain        of the town's population as they would like.
                 to impose impact fees on land development          an inventory of local land use and en-            (Here again, tensions between long-term and
                 projects. We found that relatively few com-        vironmental conditions. Complaining of the        short-term residents, farmers and subur-
                 munities fully understand the sanctions or         extensive time required to do the inventory       banites, and other groups were mentioned).
                 their potential impact. Even where residents       and the widely varying availability of ap-          Even where the makeup of the commit-
                 we aware of the sanctions, some do not view        propriate data, some felt that this require-      ted was not an issue, with time, it was found,
                 them as a serious disincentive. In fact, there     ment should be deemphasized. Towns with           attrition eroded attendance at meetings.
                 are people for whom losing authority for zon-      a planning office, previous plans and data        Those most likely to persist in the planning
                 ing would not be a liability, but rather, an       bases, and an effective consultant appear to      process, they said, were the habitual town
                 asset. There were concerns that some               be less troubled by this requirement than         activists, often people "from away". Long-
                 citizens may campaign to defeat @ny plans          others. .                                         term residents are more likely to lose interest
                 and implementing actions, thinking that by           Another provision in plans is that they         or grow frustrated with the planning process
                 noncompliance, a community can simply do           adopt verbatim the ten goals specified by the     and stop attending meetings. The perceiv-
                 away with planning and zoning. It is ap-           legislation. These address issues such as job     ed problems with the representativeness of
                 parent, then, that town officials and citizens,    development, access to recreational lands,        planning committees in some towns, it was
                 not merely town planning committee                 protection of natural and historic resources      felt, may be a problem when the plans are
                 members, should receive better information         and preservation of marine-related activities     presented to town meeting for approval.



















                                                                                          68







              MAINE TOWNSMAN' March. 1991


              to cooperate across town boundaries.                     following:                                               mittees is needed in educating the general
                      Recommendations                                     Education and Training. Leader*ship                   public about the Growth Management law,
                                                                       training programs should be made available               the planning process, the importance of par-
                    Based on our findings the project team has         to town planning committees to enhance                   ticipation and the benefits of planning.
              developed a number of recommendations for                their ability to move agendas forward and                Workshops on these matters for plan com-
              improvements in the Growth Management                    maintain citizen enthusiasm and involve-                 mittee members, booklets, a video cassette
              Program. Among the more critical are the                 ment. Furthermore, assistance to the com-                instruction program and the            use of the

                or
                    Don 't Tell Me W" ha4-_'T'o'-,Do

                                                                                  aW`is'thW'1o_ss'of` local land use.
                                                                          ment                                                  ed, they may leain more abd6f.the pro-
                            By James Damicis                              authority.,ACC0TdJQ2.t0 the law, existing'.           cess and participate positlygy.:-towards
                             Local Government                             land use 6i,@fihan`ceisila4ndluit ift"   '_'_"J-es`@':"i' reachin"
                                                                                                                                         g compirorium anc consensus.
                        Resource Center Manager                           must be consistentUfth c@rnprehenslve                   4) Have orie public...workshop
                                                                        .plans. Without a comprehernisive-plan,.                specifically deivbifed to the cbhflic't bet-
                                                                          towns -risk having land use, ordinances               ween comprehensive plaihning@and
                      "Who are you to tell me what I can
                    do with my landf"                                     deemed invalid by the"courts. For exam-'              private property rights. Ask citizens for
                                                                          ple, if a developer protests a local or-_             feedback on what private rights.they are
                      The above statement represents a feel-              dinance requiring a portion of a develop-             willing or unwilling to compromise.
                    ing held by many Mainers towards com-                 ment to be set aside for open space and               Woolwich's comprehensive planning
                    prehensive planning. Many citizens feel               the town does not have a comprehensive                committee had a workshop entitled "Who
                    comprehensive plans, and the zoning and               plan upon which that ordinance Is bas,-.              are you to tell me what I can do with my
                    land use ordinances which follow,                     ed, then the court could determine the or-            land". 'Me f6cuswas specifically on the
                    amount to nothing more than state and                 dinance invalid and the developer not be              conflict between comprehensive       I planning
                    local government telling private property             required to set aside open space. Another             and private property rights. Attendance
                    owners how to use and not to use their                consequence of not having a comprehen-                at this meeting exceeded 80 persons.
                    own lands. They view this as an unfair                sive plan includes the loss of eligibility to         Members of the committee felt that one
                    taking of private property and a violation            collect state aid related to economic                 of the reasons for the meeting's success
                    of their rights. This statement is being              growth and development and natural                    was that it focused on a controversial
                    heard over and over again as comprehen-               resource protection. This includes com-               issue which grabbed the public's atten-
                    sive planning committees present their                prehensive planning grants; money for                 tion. Thus, for Woolwich it paid to face
                    plans to the public. It is a statement                the acquisition of lands for conservation,            the controversy surrounding comprehen-
                    which the committees must anticipate                  recreation, and resource protection; and              sive planning with open discussion and
                    and prepare for or risk having their long             money for public infrastructure. It ex-               debate rather than seeking to avoid it.
                    hard work brought to a quick end by                   cludes state aid for education and                      5) Prepare and present case scenarios
                    citizen disapproval of plans. -       .               municipal revenue sharing. A final con-               which explain how unregulated use of
                      Knowing that this type of statement                 sequence is that municipalities without               private property would result in situations
                    will be brought up by the public, there are           comprehensive plans will be prohibited                where one person's use of private proper-
                    several actions town comprehensive plan-              from imposing impact fees for                         ty would create a nuisance upon another
                    ning committees can take in order to                  development.                                          person's. An example would be a case
                    make the process work.                                  Both the consequences of not com-                   in which one property owner used his
                      1) Expect public opposition to com-                 pleting a comprehensive plan and the                  property for the storage of junk vehicles.
                    prehensive planning. Prepare a list of                benefits of a comprehensive plan must be              This use created a nuisance to abutting
                    reasons why comprehensive planning is                 made clear to the citizens of your town.              property owners who viewed the storage
                    important for the town and its citizens.              The State Office of Comprel-iensive Plan-             of junk vehicles as an eyesore. The com-
                    Reasons include controlling growth, pro-              ning and the Regional Planning Councils               prehensive planning process can help
                    tecting resources, creating economic                  can help your community with this task,               citizens make tough choices and deter-
                    development, preventing sprawl, creating               .2) Use the cifim surve                 s.as a@.     mine which uses-best serve.-dwdr,com-
                                                             futur,            I@ , "' " - -in'          v: result '        4@1       ty7      -tlri@ig individd@l n"ilits      I
                                                                          too) I oi sUpport                          ana-f. - mu        '    eri@
                    a town center, planning for the                 e                          g goW,%bje@cfi         6       "' ni' *. 6ft'                                 wil
                    financing of capital expenditures, Vx3vas-            policies. You will most likely see eviderice          have to comprornised so that the com-
                    ing public access to recreation areas,                that people are willing to compromise                 munity as a whole may benefit.
                    preserving historic buildings, and creating           some rights for the protection of valuable              6) Finally, don't assume that citizens
                    affordable housing opportunities. These               community resources. When possible in-                are My aware of the comprehensive
                    are just a few generic reasons. Make your             clude specific survey findings within the             planning process In your town.'Publicize
                    ist specific to your town needs.                      plan. The March 1990 issue of the                     meetings and distribute newsletters. At
                      Explain that tough decisions and trade.             MADVE TOWNSMAN bontained ain"'ai-                     each meetin'surninari@ze %&ttias been
                                                                                                                                              9
                    Iffs will have to be made. This includes              ticle entitled "Citizen Surveys: Making               accomplished thus far and'where the
                    trade-offs between private property rights            them Productive' Copies are available by              committee is going next. By keeping the
                    and the protection of public resources                contacting MMA.                                       process open, your committee may avoid
                    such as air, water, shorelands, parks,                  3) Identify those citizens who you                  unwanted surprises when the plan is
                    wildlife, soil and- scenic areas.                     would expect to oppose the concept of                 brought up for town approval.
                      Explain the consequences if the town                comprehensive planning and actively                     The State Office of Comprehensive
                    chooses not to complete a comprehen-                  seek their involvement in the process.                Planning wiU soon have available a
                                                                                          . q.-. - - - fq7,
                    sive plan. One consequence for not com-               Contactidi"- .           ' 4kter or in per.           manual on how to complete a com-
                    plying with the State's Growth Manage-                son if necessary. If they become involv-              prehensive plan.
       14
                                                                                                 69







        MAINE TOWNSMAN March, 1991


        University Systerrfs interactive television net-      encouraged, perhaps by a competition.                    planning committee members will be carried
        work should be examined as vehicles for                     Compliance. Either greater incentives              out to probe more deeply issues and con-
        public education.                                     to encourage compliance or tougher sanc-                 cems arising from the first phase of the
           Increased Flexibility. Consideration               tions to discourage noncompliance - or                   research. A final report will be completed in
        should be given to exempting very small               both - are needed. In addition, OCP should               June. -
        towns from current planning reuirements,             communicate through selectmen and town                   At this point however, it is clear that there
        or of allowing them greater flexibility in            councils the full impact the sanctions could             are opportunities for fine-tuning the Growth
        meeting these standards. Flexibility might be         have on communities that fail to fulfill the             Management law. 'We believe that the
        granted to small towns that band together             terms of the law.                                        original purposes of the law remain sound
        and prepare a joint plan with neighboring                                                                      and that its intended effects continue to be
        communities. In scheduling deadlines, allow                        The Future                                  important to the future uality of life in
        Tier Three towns to switch to Tier Two, if                  During the first half of 1991 Muskie In-           Maine. The State should not lose sight of
        they choose. Allow Tier Two towns with                stitute will continue its study of the Growth            these facts as it struggles to adapt to the na-
        very small populations to switch to Tier              Management program. A survey of town                     tion's new fiscal realities.
        Three. These actions would permit towns
        that want to accelerate planning to do so and
                                                                              IV
        those that do not feel ready to plan to have                E dr W*g(J- u
        more time to prepare themselves. Finally,                     V,
                                                                                                         N
        allow an extra six months to one year for                                                     A0RIV-
        towns to adopt zoning and other plan im
        plementation tools. This would bring the
        total time allotment for implementing th
                                   -and-one-half yea.               T"DI0S0at 'S-""-_
        plan to from two to two
        after it is submitted to OCP.
                                                                                                                        0f0f                             of state
           Clarification. A number of points c                      o`.Add,    arit the'li'sf of iio mi m''uniti0nthit,h0C
                                                      on-
                                                                    "contrrana-TeJ  d a I0JIY'_-Lde_'vdo'   dffipf     sive.  I                    referen-
                                                                                                               pe                _p an.,
        ceming the Law are unclear or confusing and                                                                                 an
                                                                    dmvotd:  !
        should be clarified by the State. These
                                                         in                                                            
        clude the precise conseuences of a failure                 Th'e opponents don't liki'the'staie telling ih     0i to',-even          gh the state's
        by a town to accept a plan, a clear defini-                 mandit0e-thaf comrnuihitie -address. certain IiR `ve"ind'conservation is S*u was
        tion of "affordable housing" and approaches                 an act of the Legislature, elected to represent ifie inteie"sti.of towns like Lyman. For
        smaller towns can take to satisfy the hous-                 some, it appears to be a -threat-tC>.manhood issue    0 iri,Don't,kyou,try,:to tell me
        ing goal.                                                   what to do,'Misier,Man.'For thers,it seems                     ionin-as-socialism'fear,
           Implementation. Adeuate State                           thatif we let the state make any zoning and plahnihi 9' aemarids', the next thing they'll
        resources for implementation of plans are the               do is march the militia in and take' over the town hall. For some, voting aginst-state
        key to the long term effectiveness of the                   -m"dated.com'rehensive,planning-isa-wayof--Aifinï¿½--onAlfe,              g s st of a
                                                                                  p                                                              di tru
                                                                    state.government at is.very emandin               ft-owin'T" le's ifid -ii,i viduals btitcan't
        Growth Management Program. In the face                                        th           d          g 0     ,  s, 1i             a
        of severe State budget constraints however,                 get out of dts: own  way ihi reuired to do - things as' bask-as balanicing a budget
        we recommend that some of the funds                         or meeting peoples survival needs orproviding-meanir property tax relief. And
        allocated for Tier Two planning be shifred                  for many, it's just that they don't really understand what comprehensive planning
        to Tier One towns for implementation. To                    is all about or.what. state law reuires and what it doesn't,, but theyll vote against
        do this, a re-scheduling of some Tier Two                   it because it must be bad if otherpecple ari'so-Lipset about it.,
        plans to Tier Three would be necessary.                     Clealy.it,'..tiinefr:&-meeting Its-firriefoi the-15tifte,olahning bureaucrats       the
           Administrative Procedures. OCP                           regional planning commission types to. come- ou_i'f 'thk offices for ai.meeting in
                                                                    Lyman. Th e                                horTik'.r0btihw
        should simplify its reuest for payment                                y. should-leave the 0mflitla7a't                   :should bring-a,wiffir0Wess
                                                                    -to eXp ain, t             tic, s, to isten: and tteason even wit t e unreasonable.
                                                                        I     ;,ainswer'ue' n'         I
        forms, and should place less emphasis on                                                                                             h
        completion of the inventory phase as a prere-                                                                                    Ao  ,0Aisciiis. it'section
                                                                                                                                             lo:bompeiive
        uisite to funding assistance. Both measures                                                                                    1-11  - . tl,     - .                      I
        would speed funding assistance to com-                                                                                               -b-
                                                                                                                                               ile
                                                                                                                                                            test
        munities. Also, as experience in reviewing
        plans is gained, OCP should provide as                                                                                                               ch
        much guidance on plan review standards as
                                                                                               0       o_
        possible. This effort will help to allay uncer
                                                                    0ofiah,       senatd,'!        ep.
        tainties among town planning committees.
                                                                                                                                  d. f
           Regional Cooperation. Towns                              'as a member.,,,           ".presence giWd                im vo
                                                                                                                        10ppc                             plan-
                                                              j--   ning cle                0.s`e-ak',tfi;etr_ e`cdan'd        hiteii 1Eair&0i1I0.-`tN
        should be encouraged to work together to                          air oppor0turi#0xt p                                                              co0m
        address regional and "town line issues. This                0n5itiei 0are j0Jciig'comi-;eh-e-nsive0p                 arejinughoAhe:0backIa0i0h -
                                                                                               p
                                                                    s
                                                                    hoi
        can be done by shifting "tier" deadlines for
                                                                                a*1'---_"-p 'en
                                                                    Ifthel1wis                 on
        adjacent towns so that they can work                                                 p.
        together and by providing additional                        .balarice;f-lo0la0iid-diiiticil'
                                                                                               ih0en            la0ir.11rili11v
        guidance to towns on how they might                                                                                                              tedby
                                                                                                                                                           nor-
        cooperate. In addition. abutting towns                      e overa           rinatioris b peop e
        should beallowed to make "growth/rural'                     mal distribution- of.individual, community and state power, the majority of people
        designation across town borders.                            need to know the'tihmbAished truth. SO comr0             tcan get on 0With-the business
                                                                                                                                             T
                                                                    Of- 01         the3A0du0rd,
           Public Participation. Standards for                ::              . _.jl  1.1,-., -r-.
        participation in planning committees should                 EDITOR'S NOTE: As.we were preparing this issue of the -Townsman, we spotted
        be made available so that towns can replace                 this eili0trial in th0ie 3Ma5        sui 0of 3"'Blddd0wd buff 0W 0T0A&Iri0: and 0f0f lought
        those who do not attend meetings. Innova-                   'it warranted r0iiprinM- Mdtl0igders conterm0lation.
        tions in encouraging participation should be                                                                                                                 15
                                                                                            70
 












                                                                                                                                                                         The 11-10-ble Knuel Lujan, Jr.
                                                                STAT V. 41 F 11 1% 1 N, F.                                                                               X1, r i1 26, L991
                                                        Orr,
                                                                                                                                                                         Page 2
                                                                  VC USITA. .11.1 C, E

                                                                                                                                                                         most promising acreage is far preferable to area-wide leasing.                                  However, I
                                                                                                                                                                         have a continuing concern that there is little certainty in the proposed
                    JOHN R ucKEAwm. 51                                                                                                                                   method for narrowing down the blocks to be offered for lease.                                  What criteria
                                                                                                                                                                         will be used to determine which blocks to eliminate from further consideration
                                                                                                                                                                         for leasing during the Area Evaluation and Decision Process? I urge the
                                                                                                                                                                         Department to propose these criteria in consultation with affected parties.
                                                                              April 26, 1991                                                                             These criteria should address a broad range of factors including biological
                                                                                                                                                                         productivity and diversity, value to other uses. and hydrocarbon potential. I
                                                                                                                                                                         am not suggesting that a "cook book" approach is necessary; however, guidance
                                                                                                                                                                         in the decision-making process will provide industry, coastal states. and the
                 The Honorable Manuel Lujan, Jr., Secretary                                                                                                              public with a degree of certainty that is currently lacking in the draft
                 Department of the Interior                                                                                                                              proposed program.
                 1849 C Street, NW
                 Washington, DC 20240                                                                                                                                          Lack of certainty also concerns me with respect to the manner in which the
                                                                                                                                                                         Department will make decisions throughout the Area Evaluation and Decision
                 Dear Secretary Lujan:                                                                                                                                   Process.       I appreciate your intent to keep the pre-sale process flexible
                                                                                                                                                                         enough so that it can be tailored to the needs of each region. However, I
                       I am writing in response to your request                     for comments on the department's                                                     believe that it is important that the Department better define the framework
                 Draft Proposed Comprehensive Outer Continental Shelf Natural Gas and Oil                                                                                for decision making to be used for all lease sales so that interested parties
                 Resource Management Program for 1992-1997.                                                                                                              know when and how MMS will be making decisions. The draft proposed program
                                                                                                                                                                         documents indicate that there are numerous "decision points" throughout the
                       I am pleased to see that President Bush's statement on June 26, 1990 is                                                                           new process.         Specifically, at these decision points. how will the Department
                 incorporated in full in the draft proposed program, that no leasing is planned                                                                          determine bather or not to continue with a lease sale, delay for additional
                 In the North Atlantic Planning Area, and that further studies will be                                                                                   studies, or terminate the process? What criteria will be used at each stage
           ,J    undertaken to assist in future decision making. While no lease sales are                                                                                of the decision process? Again, it is not clear how this process will work.
                 proposed in the North Atlantic, I am concerned about the level of study effort
                 that will be applied in this area. Leasing is prohibited by the President in                                                                                  I agree with the proposal to issue a "Request for Interest and Comments"
                 the Worth Atlantic Planning Area until at least the year 2000, and will be                                                                              prior to the "Call for Information and Nominations" so that both industry and
                 allowed after that date only if sufficient resource potential is demonstrated                                                                           affected party comments are included.                      Potential conflicts can be avoided by
                 and if leasing can occur in an environmentally safe manner. Therefore, it is                                                                            providing all parties a meaningful chance to participate in the decision
                 imperative that MKS institute an aggressive environmental and geologic studies                                                                          making process.          However, I am concerned about how MMS will determine if there
                 program.      In reading the draft proposed program documents, it is not clear to                                                                       is sufficient industry interest to warrant pursuing a lease sale.                                     In our
                 me what emphasis MKS will be placing on studies in the North Atlantic planning                                                                          experience with lease sale 96, we found that MMS continued to go forward with
                 area.     I urge the Department to clarify the types and priority of studies that                                                                       the lease sale despite indications of minimal industry interest and scant
                 are contemplated in this region.                                                                                                                        evidence of hydrocarbon resources in this region.
                       I remain concerned about the prospects for hydrocarbon development in the                                                                               On the subject of the timing of the issuance of the proposed Notice of
                 Georges Bank region in the future -- beyond the 2992-1997 five-year plan.                                          I                                    Sale and the draft environmental impact statement, I do not believe that these
                 continue to believe that the Gulf of Maine should be permanently removed from                                                                           documents should be issued conc-irrently.                      The decision on a proposed notice of
                 consideration for future leasing because of its high ecological and fisheries                                                                           sale would not have the benefit of the environmental analysj@ contained in a
                 value and its low oil and gas resource potential.                           In addition, there is no                                                    draft EIS.        Therefore the DEIS should precede the proposed nozice of sale.
                 guarantee that future administrations will honor the existing agreement that
                 consideration of leasing in the North Atlantic will not take place until after                                                                                On the issue of consistency, it is imperative that coastal states be given
                 the year 2000. As such, I urge the Department to push for legislative                                                                                   sufficient time and, more importantly, sufficient information on which to base
                 codification of the President's statement of June 26, 1990.                                                                                             the review of a consistency determination.                        The EIS process plays an important
                                                   the Department's now approach to the consideration of                                                                 role in developing a leasing proposal and assuring that sufficient information
                       I am encouraged by                                                                                                                                is available for review of the consistency determination. in order to tak
                 areas for leasing.           This new approach should limit areas to                      be leased and                                                 full advantage of the information contained in the EIS. the consistency                                                   W
                 encourage more consultation among affected parties.                            Such efforts will go                a                                    determination and the proposed notice of sale should not be issued until after                                            f_3
                 long way towards Incorporating t                he concerns of all interested parties prior                        to                                   the final EIS is released.
                 leasing and development. I have always felt that an approach focusing on the
                                                                                                                                                                               I continue to believe that a cooperative arrangement between Canada and                                             01D
                                                                                                                                                                         the   United States must be initiated to address joint study, planning, and
                               -J.-A














            The Honorable Manuel Lujan, Jr.
            April 26, 1991
            Page 3


            management of Georges Bank. with jurisdiction over Georges Bank divided
            between the two countries, and with two different approaches for regulating
            offshore oil and gas activities, the management of this unique and valuable
            ecosystem is a great challenge. The Canadian federal government has taken
            action to prohibit exploration and drilling for oil and gas on Georges Bank
            on their side of the maritime boundary until January 1, 2000. The Canadian
            federal law calling for this prohibition also requires a public review panel
            to assess the environmental and socio-econamic impacts of exploration and
            drilling on Georges Bank and to Issue a report prior to the expiration of the
            moratorium.  I recommend that the Department work jointly with the Canadians
            to exchange information and develop joint studies.

               In December, 1989 1 joined with my colleagues in the surrounding states
            and provinces in signing the "Gulf of Maine Agreement." This agreement
            established the Gulf of Maine Council on the Marine Environment to foster
            cooperation among the states and provinces in jointly protecting and managing
            the Gulf of Maine. The Council is charged with preparing a Gulf of Maine
            Natural Resources Action Plan and Environmental Quality Monitoring Plan.
            These efforts have led to increased cooperation among the states, provinces,
            and the respective federal governments. I suggest that the Department begin
            to move towards the development of a joint management regime regarding OCS
            issues for the Gulf region. The Gulf council could assist the Department in
            such an effort. The Council could also be an appropriate &venue for future
            discussions on conflict resolution and consultation on OCS issues In the Gulf
            of Maine/Georges Book region.

        W      In developing studios for the Worth Atlantic region I urge you to
            cooperate with the research board for the Gulf of Maine region that will be
            established pursuant to P.L. 101-593o signed into law last year. As you may
            know, this new law requires the development of regional marine research plans
            for 10 marine regions around the country to support efforts to safeguard the
            envirownental quality of each region. My colleagues from Massachusetts and
            Now Hampshire and I have appointed a task group to develop recommendations on
            how the three states could proceed with KOAA and EPA in establishing a Gulf of
            Maine Marine Research Board. Again, I urge you to consult with this new group
            as it develops research priorities in the Gulf region.

               I appreciate the opportunity to comment on the Department's draft proposed
            program and look forward to working with you to develop an OCS oil and gas
            program that benefits the people of the state of Maine and the nation. if you
            have any questions please contact John Catena at the State Planning Office.
            (207) 289-3261.

                                                      Sincerely,
                                                                 "441-
                                                              McKernan, Jr.
                                                            Or
            cc: Maine Congressional Delegation
                 Richard Silkman, State Planning Office
                 Bruce Weetran, MRS Regional Director


~0









                                                                                                                                                                                                                          THE
                                               E ~2qN~qrs
                Saturday ~A'p~rl: 27:                                  T~hel~i~stuary Bank: A Gu~ld~e~lo~Pr~o~m~o~l~ln~g                Water Quality Training          ~Nt~w-~l.       I hi~,
                ~~~~rm       vital ~E~d~u~cat~l~on Exchange at             Understanding and Regional Manage-                  ~-~1~r~n~a~s~lj~.~l~c.d~,d f~o,citi- -~1           ~w- h~,~,
                                                                                                                                                                                                                                          ~q7~8q@
                                 At
                College ~~   ~h~e     Indic in liar ~I~larb~or f~n-        meat or M~a~lne~'~s Estuaries an~d                       -   monitoring estuarine Waters          i-~l.d-
                ~ A.M. ~~ 3:30 p.m. The Exchange, s~r~x~u~i~@             ~Embaym~ent~s. The4~8~-pag~egu~n~i~cpr~ovi~d~e~s                 -~c~li~a- ~in ~organi~xing a monitoring group;
                s~red by th~ Maine Environmental Edo~q-                information - what cor~an~n~i~ni~f~i~c~s and con.           field ~x~A~mp~li~ng and shoreline ~s~urv~cy~s; d~c~l~i,
                lion As,    ~  ion. offers workshops for ~edu~-        c~er~n~ed individuals can do to s~a~c~c~es~sfu~l~ly           ~ni~ti~on~s of ~s~an~t~l~ifin~g v~a~ria~b~i~r~s~; ~s~t~up~. ~by~-~@~Icp                                                ~A~P~R~I~I~-~I~ON~E 1~"I         THE SHORE STEWARDS PROGRAM-SUPPORTING t~q(X~qA~qL I
                         ~~~~i~l
                         ~~: ~S ~15.T~o register. ~"JI Julie 1: ~0-       manage ~and protect local estuarine resources.       pr-dur~cs for analyzing ~l~e~mp~eral~i~n~c~. as
                ~~n, 549-1628. or write Ma~inely ~Ed~u~c.~-               Chapters discuss the natural history ~[~if            li~ni~ty, dissolved oxygen. p~i~t. and fecal ~c~.~ii-                                                Shellfish Bed Closures and Lo
                ~~~~. ~~ Box 1264, Camden, ME 0~4~943.                 estuaries; water po~l~lu~t~Ion; the i~n~ipact of          form bacteria; information o~n data sheets
                Friday May 10:                                       development; ~a~nd estuarine planning ~and             and data management; ~w~idd~e~t~a~il~s on equip~,                                                        ~"Closed Due ~to Pollution." Sig~m,                  cottages). Du~c to limited
                Pollution Solutions Conference: Reduc-               m~an~s~i~~e~m~en~t. Free copies are available (in          ~m~e~n~tand quality control. Th~e~m~a~nual~ihould                                                      bearing this mm~s~agc me being posted by a             not able to evaluate and ~qcl
                Ing M~u~eh~o~ld Hazardous W~a~s~t                  ~h~e     limited numbers) from Jenny R.~ff~it,~g ~a~t ~th~t         ~b~e available by early June. F~., m~a~n~t i~.~(~.~,~-                                                   Inge number or coastal ~sh~e~ll~r~is~h beds.               viable Shellfish beds ~qa~ql~q-
                                                    9 ~&err~qa~t~i~ql       Maine Coastal Program, station ~3~8. A~n-              ma~tio~n.~c~on~L~ac~t the K~nox~-Linc~a~r~n Offic~c~of
                Sonata ~~o~~el in Portland from                .4                                                                                                                                                       Why we these beds being clow~(~L ~a~nd how               mile c~o~a~tsdine: they~qs~qa~qmp~qi
                p.m In the morning. a panel ~o~f~sp~ak~e~r~s will           gusts~, Maim ~0~1333. (ph: 2~89-3261).                 Cooperative Extension at 375 Main Street.
                discuss "Dealing with ~I~l~w~ar~dous Waste."              E~x~t~uary Profiles: A comp~anio~r~t public~a~-             Rockland, MY' ~04~941 (ph: 594~-2104).                                                           c~a~n people help get them t~eopen~e~d?                   those that are, must often ~qU
                                                                                                                                                                                                                          Shellfish beds me closed by staff from            commercial shellfish h~qS,V
                Afternoon workshops will discuss consumer            lion to the Estuary Book. the profiles offer        Clean Water: We All Need It. A 30~                                                            t~h~eMa~inc ~D~epar~t~m~e~n~torM~ar~in~el~te-                      beds that have not been ~qev
                strategies; waste~ oil collection pr~ogr~e~m~s~.          detailed i~nl~e~n~ou~ni~o~n (on physical character-        minute video documentary explores how                                                         sources (DMR)~. which is charged with                 the ISSC guidelines have
                and business m~"~I~n~c~li~ng strategies, ~F~e~e~: SYS          i~tt~ic~s, water quality, wildlife. ~R~o~d ~m~a~r~m,          three ~v~o~l~un~t~e~e~, groups at addressing ~l~a~ea~l                                                    ensuring ~t~hat Shellfish h~a~v~a~tcd in Maim                 Water samples arc sent
                (before 4/26~: ~S 1~9 thereafter). For ~a~qm in-           resources~) on 19 major estuaries along the          wa~t~er-~qu~Aity problems through ~citi~r~e~n
                formation, contact Nancy Toombs. 5~81.                coast: York. We~l,har~a~t~t~i. M~o~us~am. Kcn-              monitoring, community education. and                                                          a~rc safe for public consumption.                     DMR labs (in West Booth
                2281. or write to Chemicals in ~t~he En~vimn-           nebu~nk. Saw. Scarborough, Roy~a~l/C~ou~s-               pollution ~s~ha~t~e~m~e~n~t strategies. This video.                                                      Bivalve Shellfish (i.e., clams. mussel%,          aim) for analysis. The s
                ~~~~~~~~~m~a~li~o~n Center. 107 J~e~nness l~h~i~ll.           Ins, Presump~s~c~o~l.Sh~mp~sc~o~i~. D~am~mi~sco~l~ta~.             due out in late April, can ~b~e viewed free of                                                  and Oysters) ~m~e filter readers that get their        for fecal colif~o~rm~. a ~qb~qac~qt~qe,
                University of Maine. Orono. ME 04469.                M~cdo~m~ak~. St. George, Pa~s~s~ag~a~s~s~aw~a~k~e~ag~,              charge or purchased for ~$~10 (plus S~3 s~h~i~r~@                                                    food and oxygen by siphoning Inge                    ~fo~w~id in the digestive use,
                                                                     union, ~N ... ~f~l~u~s~i~tus. pleasant. Chandler.          pingf~e~e~)~. ~F~or more information. contact ~th~e                                                   amounts of water (up to 3 quarts in an               blooded animals. The f~qec
                ~~~~~, group is ~sp~e~a~m~o~i~n~g ~p~ab~li~c ~a~ve~.~t~s              Mach~i~s~s~i~f~f~i~E. M~achi . and the D~er~mys Riv.           Knox-Lineal n office, or C~o~opcr~a~li ~vc ~F x~t~en.                                                 how). In this p~to~c~a~s. the ~sh~e~l~f~f~is~h ~mn-              group of bacteria indicates
                ~~~~~~~d~~ coastal wit, quality d~.~,ig~l~-~ly.           ers. Profiles we available for individual           ~sion (at [he ~add~r~e~ss/ph~on~e listed a~l~o~vc) or                                                   emirate taxies or pu~ticu~l~at~e matter found            sewage ~a~nd pathogenic ~qa
                A~~~~~~ or September, let as know: we can            estuaries or as a s~e~t. Available from the           call your county Cooperative Extension                                                        in the water: the level of h~ar~infu~l bacteria
                ~~~~~~~~c~ that ~-.~i~s in the next ~i~s~s~e.               Maine Coastal Program.                              Office.                                                                                       in a bivalve c~a~n be them to 20 times that
                                                                                                                                                                                                                       round in the surrounding -~a~wr~. When                     ~The rareness or ~r~e~o~qp~qe~qn~qi
                                                                                                                                                                                                                       b~iv~a~l~v~a rated in water c~on~d~arnin~st~ed with            for~u~m~a~tely, a lengthy cm~qc~q@
                                                                                                                                                                                                                       sewage. they c~a~n - if co~nsu~rn~ed by                   guidelines specify that a
                                                                                                                                                         1I~N~'~d a.                                                      humans - cause illnesses such as gastr~o.             be reopened only after a in
                                                                                                                                                         Bulk ~R-                                                       ~e~n~te~,i~tis. hepatitis. typhoid, ~a~nd cholera.          "clean" samples ~h~a~s been
                                                                                                                                                      U.S. P~e~nu~ag~c Paid                                                   So that people aren't exposed to                  three yens. Local groups
                                                                                                                                                        ~P~r~o~o~, N.~ 8                                                    contaminated shellfish, DMR samples                  process of reopening, thou
                                                                                                                                                      A~ugu~s~u~, Maim                                                     Shellfish beds ~a~nd closes those that                 in~g coastal waters a~nd~qsh~qo
                                                                                                                                                                                                                       register high levels of bacteria. The                reporting their findings to
                   ~~~~~~~r~~~s~l~i~n~e                                                                                                                                                                                     standards they use For closing beds are              officials.
                                                                                                                                                                                                                       determined by the Interstate Shellfish                  Under ~the ISSC r~e~qqui
                Share S~e~~d~$ Program                                                                                                                                                                                  S~anitat~i~r~m Conference ~(~ISSC)~.which sets              Shellfish certification, or~qi~ql
                      Station 3~9                                                                                                                                                                                       standards for sanitary h~qm~mti~n~&                       analyze water samples for
                 A~~~~. ME 0~43~33                                                                                                                                                                                       processing, and distribution of Shellfish.           But agency staff have us
                                                                                                                                                                                                                       By adhering to these strict guidelines               groups that now gather we
                                                                                                                                                                                                                       (established in conjunction with the                 send them in to D~MR ~qfo~qr
                                                                                                                                                                                                                       federal Food a~nd Drug Acft~ni~ni~stra~dc~tn~@                 V~o~lun~t~o~c~ir mon~d~o~qn~qs c~qa~qn
                                                                                                                                                                                                                       Maine is able to ship its Shellfish across           analyze their ~a~q" data to
                                                                                                                                                                                                                       state lines.                                         local s~c~u~r~c~e~s~o~rp~o~l~ql~qut~qi~qon
                                                                                                                                                                                                                          In sampling beds, DMR assesses ~w~a~t~a               straight pipe at ~m~a~ll~qr~qu~qn~qc~qt~qi
                                                                                                                                                                                                                       quality Rod does s~ar~ti~L~m~y shoreline                  systems). T~I~ve G~oorg~qe~qs R
                                                                                                                                                                                                                       ~s~t~"ey% (in which they look for actual and            Association~. ~f~or example~q,
                                                                                                                                                                                                                       potential mum" of pollution in a                     such Sources during their
                                                                                                                                                                                                                       watershed). DMR staff take at least rive             ~Ing program last year, and
                                                                                                                                                                                                                       water Samples each year in each of 2.100             their local code e~n~f~e~qac~qem~qi
                                                                                                                                                                                                                       ~samp~li~n~g~si~t~e~s~. Wh~e~re~n~ec~e~ss~my~,~t~he                     corrected all threat~ pr~qo~qb~qle~qr
                                                                                                                                                                                                                       samples are taken under "adverse"                       Data gathered by a ~qvo
                                                                                                                                                                                                                       conditions (i.e.. after a storm or when              monitoring grow ~c~a~qn also
                                                                                                                                                                                                                                     R~1~X~V















                                                                                                                                                                                                                       seasonal T~"iden~t~s; we using waterfront               educate the community
 

~0






                                                                                                                               ........ ..     ~6qR                                                                                                                            ~7. .......
                     Local Grants                                          Local Profiles                                      ReS~2qOUrce                  People                                                               Much or ~Hou~.~%to~n~,~s work involves                  c~a~n better help one moth
                     Awarded                                               Marine Resources Committee                          Alan Houston                                                                                enforcement - to ensure that that the                hands-on sampling farm
                                                                           Town of Brunswick                                   Marine Warden, ~Brun,~%w~i~ck                                                                   shellfish being harvested we of legal size           and -slashed surveys;
                     Five citizen groups along the most were                                                                                                                                                               ~a~n~d safe for consumption. In the ~B~at~h~l
                     awarded a total of ~$3~,6~50 in ~th~e first                Brunswick has been actively managing                A~l Houston is one of 41 municipal                                                           Brunswick area. them ~me I 10 full-time               ~ti~o~n and me of data ~q(e~q.g.
                     round of grant., ~s~u~hni~ni~s~t~e~r~ed by the ~n~e.             its Shellfish beds ~f~o~r newly three decades.         marine w~u~d~cn~s working to manage                                                             shellfish harvesters. With 40 percent of             data to the public ~a~qn~q,~q] Ioc
                     Shore ~~~wa~s~i~l~s Trust Fund. The Trust                 Their first shellfish ordinance took ~e~f~r~o~at         marine resources ~a~nd protect w~a~l~a-                                                          the local nets closed, h~ar~v~e~st~a~s at ur~ad~e~r              7~1~c Conference P~qla~qn~qu~qt
                     Fund. at ~~~e Maine Community Founds-                  in 196~4, when the Maine Legislature first           quality. Most towns have p~a~r~t~.tim~e war.                                                                                                          which comprises repr~qese
                     ~~~~ in Ellsworth~. is a ~p~u~b~l~i~c~-pr~i~v~at~e                gave towns ~s~u~d~e~n~s~i~ty to enforce local               dens. but Brunswick ~h~a~s kept H~OU3~10~o                                                        pressure to take shellfish illegally from            Cooperative E~me~r~t~a~qi~q@~qn~q, ~qt
                     partnership supporting local efforts to               ~she~l~ifishordin~anc~es. F~n~iry~e~w~s. the                  busy full-time for 15 yews. He spends his                                                   restricted mew. One night last year, in the          Environmental ~P~r~o~qt~qec~qt~qi~qo
                     improve coastal water quality. Ova the                town's Marine Resources Committee con.              days enforcing the town's shellfish                                                         middle of the night, Houston received a              of Marine Resources. ~qw~qr~qo~qd
                     next rive years. to endowment of                      cen~tra~t~ed an management of shellfish                ordinance; analyzing water quality; ~a~nd                                                     call about harvesters working in a closed            Stewards Program, will ~qn
                     ~~~.00~ will be built to fund the local               populations, exploring harvesting and               galvanizing the local community to                                                          mudn~i~a. When he arrived, Houston found               decide the topic and ~qt~qim~qi
                     grants pro~g~ra~mi~n perpetuity. Co~n~tri~bu~                seeding techniques. Over the last three             protect its marine resources.                                                               the harvesters digging in front of sewer             workshop. Keep an eye
                     tio~s from r~oun~d~ati~or~t~s. corporations, ~i~t             yews. though. ~a growing local interest in           Houston serves as suff for d~o~m local                                                        pipes. H~e couldn't we them initially, but            Future issues of The R
                     individuals we being sought for the                   -at" quality has sp~o~w~n~ed two new                    committees that manage Brunswick's                                                          could locate than became or the stench or               Videotapes or the con
                     endowment. The first round or grants.                 ~m~a~r~i~n~e ~c~o~mmin~c~e~s~.                                  Marine R~eso~w~c~a, (we ~L~o,.~a~l Profiles                                                         sewage.                                              the ~of~i~c~o~n~o~n sessions on
                     awarded in early April, w~as supported by              In September 19~8~9. excess nutrients                 article). Worki~n~s with these committees                                                        In addition to enforcement. Houston               ing end watershed survey
                     the Davis Conservation Foundation in                  from sewage ~w~o~r ~r~e~t~t~i~li~z~e~r~s prompted ~t~h~e            ~s~o~od a shellfish consultant. he recently                                                    stresses public education. He frequently             available won: contact ~qt~qh
                     Falmouth.                                             growth of algal blooms in Brunswick~'s               completed ~a full inventory of Brunswick's                                                   gives talks on, w~a~t~e~r~-~qua~li~ty protection ~a~nd         Office ~o~f Cooperative ~qEx
                     The grants program supports local                     ~M~o~r~lu~c~i~t Day. The to" formed an Ad hoc              marine resources, the first such inventory                                                  marine resources to civic groups and                 details (ph: 594-2~1 ~D~q4~q)~q.
                     projects that promote citizen participation           Bays Committee to explore ways to                   done in Maine. While 40 p~ac~e~nt of                                                           schools. The. is a growing interest in
                     in coastal stewardship. Projects must                 prevent Further, wale, pollution. ~The new           Brunswick's shellfish beds at currently                                                     water quality. he says, ~a~nd Brunswick ~h~a~s            News Fron
                     include a strong component of community               committee comprised members of the                  closed, Houston wants to know what                                                          made a strong commitment to protecting
                     e~~~~~i~ on w~a~ter-~qua~lity issues such .               town council. the comprehensive planning            shellfish live along all 67 miles of                                                        and improving its writers. To support the            Elsewhere
                     ~t~~l~~~wa~er runoff. shellfish protection.           ~co~rnmi~tt~'~M a~n~d ~Rowd~oi~n College, as well             Brunswick~'s shoreline. That way. the                                                        ~$1 million shellfish industry in its region.
                     ~~~~~m~di~s~ch~w~g~% end Maine debris.                      Is i~l~i~k~2~ut~ed citizens. Working with a               town can Prioritize which beds we most                                                      the town spends ~S50.0D~0 a yew on marine
                     The five groups to receive grants                     ~c~m~u~Wt~$~qK doe committee gathered data                 valuable~. and decide where to direct funds                                                  resources.                                           GULF OF MAINE MARIN
            ~~       ~~~~'~~d~ two ~t~i~v~a associations ~o~r~ad three            on the g~o~o~d~o~q"~. geography. tow water                 f- improving water quality ~e~nd reopen-                                                                                                           ENVIRONMENTAL QUA~qL
            ~~~,     ~~~ ~~mmi~t~t~e~a~. The Brunswick marine                   now~i~s~f~i~lr~o~ns~wick~'~s bays.                            ins flats:                                                                                  News From                                            MONITORING P~R~O~qG~qR~qA~qo
                     R~~~~~~~~ Committee will receive S~l,oo~o               Using theme date, ~d~i~t~s Marine Resources             With a Inge Faces t~a~rg~e of b~o~d~s, closed,                                                                                                            ~I- three yews, Maine
                     Its begin a ~~ol~lu~n~te~ar water-quality Muni.            Comprehensive Planning Committee, ~i~s                t~h~e remaining beds we often ove~rh~a~r~.                                                        Maine                                                working cooperatively w
                     Owing ~~~~~m~m along upland streams that                now a~rr~ie~nd~in~g setback restrictions,                vested. Restocking of beds with tram.                                                                                                            states and ~pr~o~vi~r~ce~s to ~qe~qn
                     food into Brunswick's boys. The D~am~mis~.               ~scre~a~g~e requirements. and ~o~r~d~i~s~u~"~o,                 planted or hatchery seed ~i~t ~a~n impenitent                                                   FIRST WATER QUALITY MONITORING                       term protection of ~t~h~qe G~qu~ql
                     colts River Association (DRA) will u~se i~ts            governing the we of pesticides ~a~m other             Put Of Houston's work. He, also works                                                       FAIR DRAWS 2~50                                       Gulf is a s~ani~-~en~c~l~o~qi~qs~qed ~qa
                     ~~M Pont ~10 produce a traveling display                ~I~*~X~k~X In the sl~a~s~tr~e~l~a~nd ~s~a~w. The Plan.             with a Regional Sh~eti~r~i~sh Advisory                                                             Maine's first Water Quality Monitoring            From Cape Cad to th~qe Bay
                     on the ~~~~~s~s~i~g~oott~s estuary watershed for            ~ni~n~g ~C~u~qm~i~m~m comprises r~epres~c~ot~ativ~e~s,              C~o~w~o~d~u~ce~. comprising representatives                                                        Fair. held Much 9 ~at the university or               includes the writers off M
                     areas ~~ community events. I~qU ORA will                of doe local INA trust ~w~a~r ~c~on~a~m~ati~c~ar~t             from Brunswick. West Bath. ~a~nd                                                              Maine - Au~gu~su~s. was a great success.                ~qN~e~w Hampshire~. Maim
                     also Organize a poster contest in local               ~c~or~a~t~imi~ss~i~o~n, ON Marine Resources C~o~r~s.            Ha~rl~a~sw~e~l~l~. Their mission is to advise the                                                  More than 250 ~i~m~i~c~r~e~s~t~e~d citizens came to            and Nova Scotia. The G~qo
                     ~~~ ~~l~~oll~s. This Georges River                     million. and die local planning board.              Marine Resources CoM~m~it~te~e~o~f each                                                           hear about what volunteers me doing. and             de~gr~o~de~cl~, but warning ~qsi
                     Tidewater Association will ~.i~,~. S7~50                  Brunswick~'s bear marine warden. Al                  town about issues concerning shellfish                                                      can do. t~o protect ~or~o~d restore Maine            ~.~5  it could begin to surfer Ind
                     ~0 develop a ~sl~id~e~sh~o~w, that describes the            Houston. ~serv~e~s~s as the staff person for an         harvesting and conservation.                                                                writers. During the morning session.                 taken to protect it.
                     river and die monitoring efforts underway             three com~mitt~e~e~s~s, linking the different            Houston conducts shoreline surveys.                                                         speakers discussed the need f~m groups to                Part of that action i~qnvo
                     to Moore its water quality. ~7~h~e Kittery               p~ro~Ject~a~u~nd~e~rt~ak~e~n. Houston says sums               sampling c~o~a~u~rt~al water under guidelines                                                    establish clear monitoring goals, get local          i~ts writers to determine w~qh
                     Conservation Commission will spend its                citizen interest has allowed Brunswick ~to           act by ~th~i~c Interstate Shellfish Sanitation                                                 monitoring groups organized, and ~o~n~s~o~r~re             entering the Gulf and how
                     ~~~~~~ Pont an training citizen volunteers            t~a~k~e~pog~ Iva step to protect its coastal            Conference. In an effort to keep local                                                      credible date. participants also learned             m~ay affect the ~G~u~irs, ~qh~qi~qo~qk,
                     ~~ ~~Mi~~ Spruce Creek, a coastal estuary              resources. Brunswick w~a~s arms doe first             shellfish beds open. Houston is starting to                                                 about which agencies ore involved in                 (Mad. in t~ur~m. threaten hum
                     ~- it highly developed portion of                      ~s~o to ban overboard discharge systems               trace pollution back to i~ts source in the                                                   monitoring ~w~id what State resources are              Given the vast size of the
                     ~~~t~~~Y~ Finally. the Woolwich Shellfish             (before ~i~t~s- L~o~a~g~i~s~l~a~t~u~r~e d~i~d~@ ~a~n~d is ~o~w            watershed. Working with the Cumberland                                                      available to local groups (more ~m this               Ing is a daunting task. Ile
                     CO~~~~tio~n Commission will receive                    Grit to conduct a comprehensive ~i~nv~e~n~.              and ~S~aS~ed~e~f~o~rc county offices of Cooper&.                                                   topic will be covered in future issues of            provinces have decided to
                     S300 to prepare an activity guide r~or                 ~"~Ir~y of its ~s~h~e~l~i~fi~sh resources. Brunswick          ti~ve Extension. Houston is setting up a                                                     The Ripple Effect).                                  small-scale p~dot project, ~qI
                     ~~~~l~~ 7-~ an shellfish harvesting mail              h~a~s ~o~b~a~r used Its bear ~sh~o~re~l~and zoning             citizen monitoring program in which                                                            The afternoon was spent in hands-on               mussels will be studied to
                     coastal pollution.                                    o~nfi~n~ar~ic~e to p~r~ete~a~s Maine writers by              volunteers will take water samples twice.                                                   workshops that allowed participants to see           whether bottom-dwelling
                     ~~~ next round of grants will be made                 specifying ~V~A~d ~s~ab~o~ck~s and regulating               Monthly from streams that reed into                                                         AM test different methods ~w~id equipment.             being affected by pollution
                     in September 199 1. Group interested irk              use of l~o~si~W~in~g ~r~u~at~eri~s~h in the ~s~h~o~r~i~c~r~i~a~w         ~Bru~insw~ick'~s bays. Houston will analyze                                                        E~v~alu~a~t~ion~i~t from the Fair were filled            these and other samples wi
                     Applying ~~r fronts we encouraged to                  ~2~0~M. For e~x~w~n~0q* ~pr~e~s~s~ur~e~-~tr~e~s~n~o~d                     (he samples and go after problems such as                                                   with idea fo~r future workshops and                   build a ~Gulf~-w~ide database
                     contact F~i~ ~Sch~au~f~f~l~er, the Shore                    lumber (which Contains arsenic) is not              malfunctioning septic systems ~a~nd                                                           conferences. Some of the ~I~o~T~i~es ~su~g~.                 is being funded by the Not
                     S~~~~~k~l~~ Coordinator, at 2~99-3~261.                 P~~c~i~nnit~ted in construction projects within         Pesticide ~u~s~e~-                                                                              ~g~e~s~t~ed include the interaction of govern.            AM Atmospheric Adminis
                                                                           ~2~50 fee of the water.                                                                                                                           ~mc~n~it and citizen monitors (i.e., how they           staff time being contribute,






                                                    Nino                   low            ~6qM                            ~6qM
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                                                                       QUARTERLY REPORTS FROM COASTAL COORDINATORS




                              THIRD QUARTER REPORT -- COASTAL SECTION                                                                       comprehensive plan. SMRPC is not clear at this point as to
                           Southern maine Regional Planning commission                                                          exactly what schedule 001' is on With respect
                                                                                                                          We. plan to contact. the town ;shortly to
            This i,,1-inrt covers work performed from 2/l/l thrC)ugh 4/-11/1?)-                                                            plan moy sljll he a w,)ys
                                                                                                                          !;h0Ul(l grt ;) altP(l Oil ShOr('lalld 7-011itltl
            A.   SHORELAND ZONING                                                                                         the plan.     At %y a.,;si s ta i i c e t- o COB w i I I
                                                                                                                          at lp,isL t lie fourth u,ii tiet, and wi I I
                  Sgittimari1pp            Tw                                                                                                           uarl rr vf next y,ar'--. cont ract. yeij
                                                                                                                          counci I form of government
            The towns scheduled for assistance this uarter in SMRPC's work
            program were Arundel, Eliot, Old orchard Beach and South                                                      The staLus of most othor municipalit ie
                                                                                                                          from last- cillarl-er.   Notes oil a few PC)%,
            C drafted proposed revisions to Arundells shoreland zoning                                                piogi-CsF are incl.  I-ided hel ow:
            provisions last uarter, and assistance this uarter has focused
            on discussing thenf- changes with the Town Planner and the Planni                 n                          Wells, with SMRPC's assistance, has no
            Board.     Several meetings with the Town Planner and one with th(I                                           h0PefL)JlY final draft of its shoreland
            Planning Board occiii-red this uarter and another Planning Board                                             Board ha,4 every intention of submittin
            workshop   is scheduled for the second week in May (we only got                                               to iL) for Town Meeting approval at on
            through the first half of the proposed changes at the first-                                                  special Town Meetingr expected to occ!C
            workshop).     After t.his second workshop is completed, all agreed                                           3J, 1992.
            upon modifications will be incorporated into a second, more finnl
            draft. This version is expected to be voted on later this year at                                             ogunuit has scheduled a final public
            a late summer or fall Town Meeting.                                                                           shoreland revisions and appears to lie
          Assistance to the other three towns          was scheduled for the third                                      Town Meeting.
       n   uarter because they all insisted on waiting for the completion                   of                          Saco has scheduled a series of Plannin
            their comprehensive plans before starting zoning revisions. They                                              finalze shoreland zoning changes and
            anticipated being finished with their.plans around the first of                                               to City Council for adoption by late s
            the year (1991) and hence thought they would work on shoreland
            zoning this uarter.                                                                                          Development of Demonstration Shoreland
            South Berwick, in fact, did complete its plan by the first of the                                             This aspect of the work program has su
            year, but has only now gotten started on shoreland zoning,                                                    relegation to the back burner.           Assist
            conseuently, SMRPC provided little assistance to South Berwic)-.                                             with the development of standards for
            this uarter.     The Town Planner has indicated the town will                                                available to date, as these people are
            probably need significant assistance drifing the fourth uarter as                                            have not yet benn able to get to it.
            he says the guidelines are currently very poorly understood by                                                are now in a position to make this a p
            both the Planning Board and himself.            As noted in previous                                          date has been that OCP would come up w
            reports, South Berwick's Council form of government affords the                                               recommendations and SMRPC would put th
            town considerable flexibility in scheduling the adoption of                                                   for incorporation into a commun3.t 4 s
            ordinance changes.                                                                                            It looks like this should be poss2K0le
                                                                                                                          fourth uarter. SMRPC has been able t
            Eliot just finished its comprehensive plan at the end of this                                                 wats-r crossings:     a draft version of t
            uarter, and therefore has postponed shoreland zoning work to                  tlie                         0CP shortly.
            fourth uarter.      SMRPC's assistance has been rescheduled
            accordingly.     Eliot is planning 'to hold at least one Town meeting
            later in the year.

            old orchard Beach is a tier two town that is still. working on its
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           B. TECHNICAL ASSISTANCE ON COASTAL POLICY IMPLEMENTATION                                                                  and enthiisiasin Iis uartei
                                                                                                                          in,etitvwjth the 16ver conunittcf, this
           Cott.Pns1x  La
                         f1J1 nA!,si,tange                                                                            III(! crilnuttcedisrlssod the leg11 C'111C
                                                                                                                          tais(d last year ttid developed a nc,w d
           T only town specifically schedliled for asSiStanc(' this uarLel                                            into rolifnicleration these concerns arld
           was ennebUnkport.       Assistance wa; provided to K'porl Lhis                                             tasks Lhe committon if; inerested in:
           uarter, though noL in the form of a review of their work.                  As the                             as an Ippoalf; hoard for harbor mast cl:
           committee is still. working or beginning to work oil Policy                                                    river corninitl,c Inorc formal recogni.1io
           development, and tile inventory data is still not in report                 form                               manacment plans and regulations for, t
           (to our knowledge), their has been little to commellt. Oil.              However,                              l   il 1hat. shorter and simpler doctimen
                                                                                                                            son `
           SMRPC has maintained contact with the committee and i! currently                                              shouIrl meet with approval from all thr
           providing assistance/ ideas for an upcoming local work!hop fOCUSili                                          will )e presented to the three boards
           on marine resources policies.                                                                                  smcc,sfully adopted, the committee wi
                                                                                                                          (it t)l agrf,ernerlt in Uhe future.
           The other town that assistance was scheduled for (due to being
           postponed from the second uarter) was Arundel. Arundel has still
           not gotten to the marine resources section of its poliCies, and
           hence there has been nothing to comment on. it is likely that
           Arundel will be ready for this assistance sometime during tile
           fourth uarter.

           Other assistance provided this uarter that fits roughly under
           this category includes the continued discussions with the Kittery
           Conservation Commission on a potential 205i project that SMRPC
         will probably submit a proposal for thisXL1`4rhis project would
                                                              A '
           implement many water uality recommendations in Kittery's
           comprehensive plan.

           Public Access Project

           SMRPC also began a public access project this uarter for the Town
           of York.    SMRPC, at York's reuest, has begun researching several
           possible public access sites at Cape Nedick Harbor and along the
           Cape Nedick River. A report on this project is scheduled for
           completion during the fourth uarter. While this project, or
           projects of this magnitude, were not scheduled in our work
           program, we felt that as this is an area that SMRPC hassome
           expertise in and as public access is an important aspect of
           Maine's Coastal Program, we would try to sueeze this project in.
           Thus far the research has not been too promising in terms of
           finding public ownership or easements, but some interesting
           information has been uncovered, and it is hoped that the careful.
           documentation of this research will resolve at least some of the
           uestions that town officials have been raising for a number of
           years.


           Iterloal Project Update

           The Kennebunk River interlOCal agreement has attracted renewed








                 r i i i
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                        Greater Portland Council of Governments
                                                Portla'nd, Maine 0411011.(200774-9891                                                                   3 nicino dctailing pmvisions that override I
                   oJ 233 Oxford                                                                                                                     oldinances; and

                                                                                                                                                       OCP's first Shoreland Zoning Technical A
                 April 29, 1991                                                                                                                        non-conforming use.,,.

                                                                                                                                                GPC *00 has now completed its reviews of local s
                                                                                                                                                Freeport, Yarmouth, Cumberland, Falmouth, Port
                 TO:            Marvin [Wscnblum, OCP                                                                                           Scarhorough. In addition, we have completed sim
                 FROM:            alcric Kazarian                                                                                               towns which drain directly into Casco Bay: Wind
                          _0*V                                                                                                                   New Gloncesier. A sample of the woik accompli
                 SUBJECT        Third tmricr Report for   FY 91: Coastal Contract                                                              The 'rown of Pownal, which is also in the direct v
                                                                                                                                                shorcland zoning ordinance to review. It is one of
                                                                                                                                                older versions of the Shorcland Zoning statute.
                 This report is a summary of the Greater   Portland Council of Governments' 1hud uarter                                        Pownal's needs was provided at a March 28 work
                 activities as specified in Rider A of the Coastal Program contract.                                                            Town has since asked for ftirther assistance in the
                                                                                                                                                COG has outlined a program for them and is iwai
                 1. Coastal Coordinalors                                                                                                        awaiting a copy of a draft shorcland zoning ordina
                    Coastal Coordinator: Rick Seeley                                                                                            soon as it is received.
                    Growth Management Coordinator:         Valerie Kazarian                                                                     Shorcland Zoning Mips

           j    2. Coastal Program                                                                                                             GPCOG has now completed maps of the new sho
                                                                                                                                              Cumberland, Portland, South Portland, Cape Eliza
                 TASK A - Shoreland Zoning                                                                                                      Gloucester, and Westbrook. Remaining maps wil
                 Shorcland Zonin2 Ordinance Reviews                                                                                             next uarter, according to the order in which they
                 For each community, we have reviewed the existing or first draft ordinances for minimum                                        Technical Assistance Workshovs
                 changes needed to comply with the Guidelines for Municipal Shoreland Zoning Ord i na nces.                                     On March 28, 1991, in Pownal, GPCOG sponsore
                                                                                                                                                shorcland zoning reuirements. presented by Rich
                 We have supplied each community with a package including:                                                                      Coordinator; the Cousins River watershed and es
                                                                                                                                                who conducted the Cousins River Study produced
                        a cover memo discussing the significance of the Guidelines, statutory options for                                       grant; and shorcland zoning mapping reuirement
                        deviating from them, and the purpose and limitations of COG's ordinance review;                                         cartographer. Publicized through mailings region
                                                                                                                                                attended, including several Pownal Planning Boa
                        a matrix summarizing the needed changes cross-referenced to local ordinance(s);                                         target audience for basic shorelind zoning reuire
                                                                                                                                                Cousins River watershed towns, of which all but
                        a computer-gencrated copy of the Guidelines, also cross-referenced to local                                             workshop announcement is attached.
                        ordinances, with needed sections underlined;
                                                                                                                                                On April 25, 1991, GPCOG sponsored a worksho
                        a copy of the Constal Management Policies, or a Casco Bay Estuary Project        fact                                   GPCOG's coastal communities. Barbara Vestal o
                        sheet;                                                                                                                  guest and addressed the topic of options for integ
                                                                                                                                                shorcland zoning. As most of our coastal commu
                        R pre-publication copy of the DEP Shorcland Zoning News, due to be published in                                         and community-wide zoning, and all have now rec
                        April, including Rich Baker's section on commonly asked uestions and answers to                                        initial map, this was a very timely session: The e
                        them;                                                                                                                   Planners Association was invited to attend. A co
                                                                                                                                                attached.





                      ;fier . N-1h Va-mob h,fl-d  N-1 - R.-d - S-N,-Ch -   S-dkh - W-1--t
 















               On May 16, 1991, GPCOG will hold another workshop on the same topic in the evening s4)
               that local board members may attend. Also scheduled to speak is Paul Lawrence,
               Chairperson of the Windham Water Resources Commission, a Town Council-appointed                                                           CAPITAL COASTAL COUNCIL OF GOVERNMENTS
               water resource planning and education group, who will address, among other lopics,
               shorcland zoning as part of watershed management, and plans for a citizens' w:itcr quality                                                                 COASTAL CONTRACT
               monitoring program in tributaries to the Presunipscot River and its importance in Casco Bay.
               A copy of the workshop announcement is attached.                                                                                                      THIRD QUARTERLY REPORT
               The Town Planners hive clearly indicated that the offering of DEP "office hours" at tile COG                                                                   May 1, 1991
               offices would be premature at this time. They may be interested in this service in tllc next
               fiscal year.                                                                                                         TASK A.      Local Adoption of Shoreland zoning ordinances
               TASK B - Coastal Policies                                                                                            The focus during this quarter was on individualized assistance to
               Waterfront  Survev                                                                                                   the towns as they continue work on their shoreland zoning
                                                                                                                                    ordinances. predictably, it is taking towns longer to prepare
                                                                                                                                    revised ordinances and maps than originally planned.
               COG has nearly completed its survey of waterfront businesses in non-urban communities.
               Based on a similar survey of Portland's waterfront businesses conducted last year, [Ile                              The attached Technical Assistance Log provides a town by town
               survey will assess it range of regional waterfront businesses' needs. All data received has                          update.      j-,ollowing is a summary of the shorciand zoning activity:
               been entered into the computer model. Arrangements have been made for data entry of
               CCCOG surveys. Draft summary of results received so far have been developed. All data                                                    SHORELAND ZONING ORDINANCE STATUS SUMMARY
               will be received and analyzed by the end of April. The final summary report will be available
          Go   shortly thereafter. During May, as soon as it is complete, we will distribute it to our region's                       3    municipalities have passed ordinances.
               communities for use in their waterfront policy and shorcland zoning ordinance development.
                                                                                                                                      5    municipalities plan to present ordinances at town
               TASK C - General Assistance                                                                                                 meeting/council by fall '9).
                                                                                                                                      li.  municipalities will not be presenting ordinances until after
               We have continued to distribute materials and information received at Coastal Coordinators'                                 fall. 191. Reasons for delays:
               meetings to our region  Is communities through mailings and at technical assistance
               workshops.                                                                                                                    1   town's ordinance was rejected at town meeting.

               To date, materials distributed/announced have included:                                                                       4   towns are deliberately waiting to incorporate shoreland
                                                                                                                                                 zoning into new implementation ordinances.
                      MLI's Comprehensive Planning and Shoreland Zoning: How to Meet the
                      Requirements of Both                                                                                                   3   towns are actively completing comprehensive plans.
                      OCP Le".ons Learned memo on meeting coastal policies in comprehensive plans                                            3   towns have not articulated a specific reason for not
                      SPO Public Access Maps for each town                                                                                       proceeding more quickly.
                      Public Access Series volumes on Coastal ROW Rediscovery, and Liability
                      Coastal Management Handbook
                      ne Estuary Book and Estuary Profiles                                                                          TASK B.      Coastal Policies Implementation
                      Conservation of Inland Fisheries and Wildlife Habitats
                      Model Shoreland Zoning Permit Forms                                                                           CCCOG staff continue to work with the region's towns that are
                      Others                                                                                                        involved in comprehensive planning.                    Coastal policies have been
                                                                                                                                    discussed with each of the planning committees at the appropriate
               We will continue to distribute other materjals in the next quarter.                                                  point. The status of the coastal. towns has not changed since the
                                                                                                                                    last quarterly report.

                                                                                                                                    Phippsburg & West Bath: Both towns have completed their plans and
                                                                                                                                    submitted their plans to OCP for review.







      W1                 111111 111110 4M


















                                                                                               FARMINGDALE
                                                                                               The planning board will. not be addressing shoreland zoning dUrinq
                                                                                               this contract year.

                                                                                               GARDINER
                       CCCOG TECHNICAL ASSISTANCE LOG                                          The city has completed its shoreland revisions and DEP has responded
                                  MAY 1, 1991                                                  with objections.
                                                                                               GEORGETOWN
                                                                                               The planning board has decided to take a cautious approach to the
                                                                                               shorrland zoning update because of the public outcry over the amount
   ARROWSIC                                                                                    of wetland area that is supposed to be protected by resource
                                                                                               protection.   CCCOG has offered to set up a meeting between town
   The planning board is drafting a zoning map to present to the IF&W                          officials, and DEP and IF&W staff to review alternative zoning for
   biologists which will propose buffers of less than 250 feet around                          some of these areas.    At this point, the planning board is
   some of the. coastal wetland areas which have rated as "high" or                            reviewing property tax maps to determine the exact impact of the new
   "moderate".   In some areas, property owners will loose all use of                          requirements.   As soon as we are contacted, we will set up the joint
   their property if the full 250 feet of Resource Protection is                               meeting.
   imposed. These owners have been very vocally opposed to this
   designation feeling that it is unwarranted. CCCOG will meet with                            HALLOWELL
   Arrowsic officials and IF&W representatives when the draft map is                           CCCOG has reviewed the. current land use ordinance and provided the
   completed. Arrowsic is hoping to present its revised shoreland                              city with recommendat ions for bringing the ordinance into compliance
   zoning ordinance for approval at a June town meeting.                                       with the shoreland requirements.
   AUGUSTA                                                                                     HARPSWELL
   Augusta's planning staff has drafted a new land use ordinance which                         The new shoreland zoning ordinance was rejected at town meeting.
   includes the shoreland zoning requirements. The ordinance will go
 k-J before the City Council for approval sometime this summer.                                PHIPPSBURG
 D
                                                                                               Phi.ppsburg has a subcommittee working on the shoreland ordinance but
   BATH                                                                                        the town is now considering postponing development of an amended
   mat Eddy is currently drafting revisions to the City's land use                             ordinance because they will soon be starting on the implementation
   code to incorporate the necessary shoreland zoning provisions.                              ordinances for their new comprehensive plan.
   BOWDOINHAM                                                                                  PITTSTON
   ,rhe town is just getting started with a consultant on their                                CCCOG prepared the revised shoreland zoning ordinance and a new
   comprehensive plan and remains uncertain when they will complete                            shoreland zoning map both of which were passed at town meeting in
   the shoreland ordinance update.                                                             March.

   BRUNSWICK                                                                                   RANDOLPH
   Brunswick's planning staff is still working on a revised draft of                           The code enforcement officer is still working on a draft ordinance
   the proposed draft reviewed by CCCOG in December.                                           but is hoping to have it completed for a special town meeting in
                                                                                               June.
   CHELSEA
   CCCOG met with the planning board to review a set     of topographic                        RICHMOND
   maps which were prepared to show the wetlands and     streams which must                    The town has adopted a new ordinance which includes the necessary
   fie added to the current shoreland zoning areas.     The board will                         shoreland provisions.
   be preparing a draft ordinance during the next couple of months.
                                                                                               TOPSHAM
   DRESDEN                                                                                     There is a shoreland zoning subcommittee working on the ordinance
   The Town is working with its consultant to incorporate the                                  utilizing the land use, wetlands, and natural resources naps that
   necessary shoreland requirements into their new town-wide                                   the town has generated in its comprehensive planning process.
   ordinance which is being drafted to implement their new
   comprehensive plan-

















   WFST BATH
   The planning board has not responded to offers of assistance
   primarily becau!;e of their involvement with the recently comple-ted
   comprehennive plan.                                                                              HANCOCK COUNTY PLANNING COMMISSION COASTAL CONTRACT
   WOOLWICH                                                                                                QUARTERLY REPORT: FEBRUARY   APRIL 1991
   The town has just completed its comprehensive plan.   The
   implementation ordinance committees have been formed and will he
   developing ordinance drafts this summer.                                                     The tasks outlined below correspond to the tasks outlined in
                                                                                                Rider A of the Hancock County Planning Commission's (HCPC)
                                                                                                Coastal Contract.


                                                                                                TASK A:   SHORELAND ZONING


                                                                                                A.1 Completed

                                                                                                A.2 INTERLOCAL COOPERATIVE WORKSHOPS


                                                                                                The HCPC staff attended a workshop/meeting of the Friends Of
                                                                                                Taunton Bay (FTB) on March 25th.  The session was focused on
                                                                                                the presentation of a resource guide/assessment by the FTB.
                                                                                                The three towns in this group; Hancock, Franklin, and
                                                                                                Sullivan are studying joint approaches to resource
                                                                                                preservation. Further meetings are planned.

                                                                                                On April 17th staff members also attended a meeting of the
                                                                                                US/UK Countryside Institute Stewardship Exchange Steering
                                                                                                Committee of the Penobscot Bay Land Trust Alliance.


      C)
                                                                                                A.3 TECHNICAL ASSISTANCE


                                                                                                The HCPC staff made personal and/or telephone contact with
                                                                                                the planning boards or code enforcement officers of all 29
                                                                                                coastal communities. The purpose of this contact was to:

                                                                                                     1. Check the progress of the towns that are actively
                                                                                                revising their shoreland ordinances; Orland, Sedgwick,
                                                                                                Brooksville, Verona, Bucksport, Surry, Hancock, Lamoine,
                                                                                                Winter Harbor, Swans Island, Penobscot, Brooklin, Franklin,
                                                                                                Trenton, and Cranberry Isle.
                                                                                                     2. See if the towns that are just getting started or
                                                                                                having trouble with their revisions need more help; Blue
                                                                                                Hill, Ellsworth, Gouldeboro, Sorrento, and Sullivan.
                                                                                                     3. Renew our offer of technical assistance to the towns
                                                                                                that have declined help in the past or have been working on
                                                                                                their own; Bar Harbor, Castine, Dear Isle, Frenchboro, Isle
                                                                                                au Haut, Mount Desert, Southwest Harbor, Stonington, and
                                                                                                Tremont.










          Special zoning is:ue  11 have surfaced in the town of S ... ento.                          TASK C:    GENERAL ASSISTANCE
          The town is very mail    ,n land area and population and
          occupies a narrow peninsula.     it was estimated at a recent                              HCPC staff met with Fran Rudoff in Ellsworth to discuss the
          workshop that Sorrento has about ten miles of town road and                                future of the coastal program and the impact it is having on
          twenty miles of coastline (no lakes, ponds, or streams).       The                         the coastal communities in Hancock County.
          impact of land use restrictions under the Mandatory Shoreland
          Zoning Act and the Growth Management Act is causing more than                              The staff has continued to assist towns in a variety of ways.
          the usual amount of concern here.     None of the existing                                 The majority of requests have continued to center around code
          models seem to fit the situation in Sorrento.      Extra care                              enforcement issues and shoreland ordinance revisions and
          will need to be exercised to help this community to develop                                interpretations of ordinance language.
          standards that will allow a bland of development
          opportunities and yet keep to the spirit and intent of                                     We have used every opportunity we've had to preach the need
          protective aspects of the legislative acts.      A special  report                         for planning for certain increases in the cost of code
          will be developed and included as an attachment to the      next                           enforcement and the merits of the interlocal code enforcement
          quarterly report.                                                                          concept.   A presentation on interlocal code enforcement was
          The town of Orland has completed their revisions and are                                   made at the HCPC's Annual Planning Day on April 27th.        Copies
          scheduled for a public hearing on May 29th or 30th.                                        of the booklet prepared by OCP were handed out.
          Depending on the outcome of the hearing, Orland would like to                              Attachment #3 includes:
          schedule a special town meeting in June to attempt adoption                                      - Copies of technical assistance sheets.
          of the revised ordinance.                                                                        - Copy of the HCPC Planning Day agenda.

          The town of Sedgwick has also completed revising their
          shoreland ordinance and will hold a public hearing on April
          30th. A special town meeting to vote on the revisions is
      ()D scheduled for May 29th.

          Attachment 01 includes:
                ï¿½ copies of shoreland ordinance reviews for 4 towns
                ï¿½ program summary sheets.


          A.4 OCP MONTHLY TRAINING SESSIONS

          The Coastal Coordinator attended the regular meeting of the
          Coastal Coordinators in Augusta.


          TASK Bt    COASTAL POLICIES

          The Coastal Coordinator has continued to review comprehensive
          plans for consistency with Maine's coastal policies. A
          workshop session on integrating coastal policies into
          comprehensive plans was prepared an a part of HCPC's annual
          planning day. Although this activity was not part of the
          original work program, we felt that the material would be a
          useful tool for round 3 and 4'towns.

          Attachment #2 includest
                ï¿½ Copy of "Coastal  Policies and the Comprehensive Plan".
                ï¿½ HCPC review of Gouldeboro's inventory and analysis
                  draft.
                                                                                                                                    -3-
                                         -2-



















                                                                                                                                                                                                CZM 1,00
                                                                                                                                                                                           Fell/Mar/AI)T:
                                    Penobscot Valley Council of Governments
               ME6
                                                          One Cumberland Place suite :3nn                                                         P   Phone
                                             1' 0 Rox 2579 Rangoi Wtine 0,1401 8520 (:107) 9,1P G389
                                                                                                                                                  C   Hit i I /Correspondfnce
                                                                                                                                                  M   HevLin/Visit.



                                                                                                                                                  DATE      FORK       TOWN                 CONTACT

                                                                                                                                                  2/1/91      C        Franktoit            Jeff Silver
                                  COASTAL ZONE MANAGEMENT OUARTERLY REPORT 3                                                                      2/1         M        Wi n t P. r no I     IIloc Brookn-
                                                                                                                                                  717         P        Wi nternot  L        Joe Brooks
                                           February - March - April 1991                                                                          2/11        P        WJ 11terpni t        Joe Brooks
                                                                                                                                                  2/11        M        Prankfoik            Evelyn Adam
                                                                                                                                                  2/28      P/C        Wi nterpot 1.       Joe Brooks
          Task A: SI(ORELAND ZONING
                                                                                                                                                  3/4         C        Winterpot   t        Joe Brooks
              horeland Zonin technical assistance log enclosed as part of complete
          technical assistance lo. The correspondence is also enclosed.                                                                          3/7         P        Winterport           Joe Brooks
                                                                                                                                                  3/7         P        Frankfort            Evelyn Adam!
          2. The updated status of the Coastal Comunities shoreland zoning ordinances is                                                          3/8         C        Piankfort            Jim Sanders
          enclosed.                                                                                                                               3/8         P        Pi osrect            Diane Teney

          3. Fddinton's Shoreland Zoning ordinance is enclosed. The other ordinances will                                                       3/11        C        Winterport           Charles Bra
          be sent in the uarterly revor         t of the uarter that they are received.                                                                                                  Jne Brooks
                                                                                                                                                  3/12        P        Frankfort            Jim Sanders
          4. No regional clinics were given during the third uarter, as most town
          meetings were occurring in March. However, meetings with individual communities                                                         3/18        P        Wintervort           Joe Brooks
          and assistance continued as reuested an an on-going basis.
          5. Summary of assistance and changes that occurred over year as a result of the                                                         3/28      P/C        EddinLon            Audrey Fox-
          assistance, town-by-town, will accompany the final report.                                                                              4/2         P        Fddington            Arthur wash

                                                                                                                                                  4/2         P        DEP/Land Bur.        Mary Morgan
          Task 8 COASTAL POLICIES                                                                                                                4/2         P        Eddington            Arthur wash

          . The Coastal coordinator is          currently working with Frankfort and Prospect on                                                 4/2         P        Hampden              David Could
          their marine resources and water resources sections of their comprehensive
          Plans. regional coordination for watersheds and groundwater protection, and an
          addressing the coastal Policies into their comprehensive plans. other towns are                                                         4/9         P        Wintervort           Ed Russell-
          assisted as reuested. Frankfort is the only Tier 1 community of the 11 coastal                                                                                                   (Oversight
          towns. Prospect is a Tier 2 and is beginning their comprehensive plan process.

          2. The products from the Frankfort comprehensive plan drafted by the Coastal                                                            4123        M        Brewer               Tom Kurth a
          Coordinator will be included in the final report. Also, whatever products are                                                                                                     PR Member
          completed of the Frank for t/Prospect shared groundwater protection plan regional                                                       4/24        P        Bangor               Steven Neil
          project (a 604(b) contract directed by,the Coastal Coordinator) will be included                                                                                                  Planning St
          in the final report.


          Task C: GENERAL ASSISTANCE


                    The )ou is enClOSed.
 





                                                                                                                                                    NOVI
              tPw(8go8w
                               Penobscot Valley Council of Governments                                                                     WAc;HINGTON
                                                 On'! (,:) ... 1 P1,1c'! Still'! U)r"
                                      V 0 Box 2579 11.1n(lo, V%s 044ni fv:.,o ,o,,) m, G38!                                                     PLANNIN6C,
                                                                                                                          63 MAIN STRFET MACI41AS. MAINE 046!54  TE


                       COASTAL COMMUNITIES: Status of shoieland zonitm Revisions
                                                                                                                       COASTAL 1110(;RAM
                                                                                                                       Glenn Avery e, J)eborah Dowl.inr
                                                                                                                       C oa F; t;, I Coodinators
           I. BANGOR: To he Passed by Council as part of their Land Deveinpment Cod,..
                      probably durin the Fall of 1992p                                                              February 1., 1991 to May 1, 1991 Act

           . BREWER: The ordinance is drafted, maps are finished, planning board has
                      approved it. The ordinance should go to Council in May, 1991 for                                                           ontinuation --
                      vote.                                                                                               meetinr, with Earnort Community
                                                                                                                             for work on the Eastport WAG's
           3. EDDINGTON: Shoreland Zoning ordinance revis)on - Passed Maych J9, 199) it                                werr? ?7 bidders in nil.       Contacted
                      Town Meeting.                                                                                    in dealing with Eastilort "City Hall'
                                                                                                                       to news that WAGs/PAcc
           4. FRANKFORT: Planning Board currently working on it. They will have a public                                                         s cut for this
      OD                                                                                                               Executive Committee about Coastal. M
                      hearin soon and hope to have a Special Town Meeting in may or
                      June 199).                                                                                       imp] ied uses.    Specified this CMG, a
                                                                                                                       cie- Workshori, April 25th. (SEE Att
             HAMPDEN: The revision will be going to Council, probably Fall 1991.                                       other sourres, for acuilition of ha

                                                                                                                       Selectman
           6. ORRINGTON: The Planning Board is workin on the revision and will have a                                 SHORELAND ZONING -
                      special Town Meeting in late Fall, 1991.                                                            Interestinr, but consuming meetin
                                                                                                                       frontage in Lubec, Machiasport. and
           7. PROSPECT: The revision was passed at Town Meetin on March 25 & 26, 1991,
                         The ordinance was accepted by DEP on April 22, 1991.                                          board member from Dennysville who 0i
                                                                                                                       turned into a develoDer/pianner/tow
           . SERSPORT: The revision seas passed at Town Meeting on March 16, 1991.                                   applications of the Shoreland Zonin
                                                                                                                       vidinF additional examples for othe
           9. STOCKTON SPRINGS: The revision will be voted on at a Special Town Meeting                                Provided Roue Bluffs planning boar
                      within the next couple of months (May or June, 1991).                                            barriers for upgrading ordinance.
                                                                                                                       on protective measures for Englishm
           10 VEAZIE: Currently working on the tevision. There will be a public hearing                               in Whitneyville.      Future disussion
                      in June or July and will be to council for vote as soon afterwards                               such measures.      Solid waste an issu
                      as Possible.
                                                                                                                       when T/A was piven regarding the po
           11. INTERPORT: The revision was passed as part of a Land Use Management                                    the Down East Landfill in Marion (S
            0











































                      ordinance at Town Meetin on March 15, 1991.
                       The ordinance was accepted by DEP on April 9. 1991.
 
















            pv 2                                        WCH IIC C,,r4 'd
                                                                      Lr
                                                                   M; ky I , 1,) 9 1


            water uality damape due to the fact that the leachate would
                                                                                                             Addressed the Washiniton County
            plume into Spirit Stream which feeds Harmon Stream wlhch drainf;
            into Gardner Lake (GPA).     Various discussions at varlou; foriifn;                           concPrn!nfr the commj;sion':; im,nact
            (especially thp recent meetinps organizing the Washinton County                                 T/A on techniues for towns to prot
            Refuse Disposal Disctrict) rejarding this water ual;.y concern.                               rounty funds are u,ijized to attrac
            Ample opportunity to discuss the Coastal Policies at .r)ei2pforkims                          (SEE attached Iettcr)         A ttend ed
            with nine towns in Washiripton County.      Met with Mach`F, Town Mt,r.                       workshop in August;i Anril.    5th.  Att
            and Selectmen to discuss the Commission's role in asssting wj1p2p                             meetinfr in March.
            ordinances impactinr, the Machias River and junt how ,*.e Coastal
            Policies would bp addressed in the Comprehensive Plar. with emphas'
            on rhared resources nuch as the recently mapped arjuif?.         Met wt".
            two members of the Pembroke Conservation Committee cncerned wil,
            udatina their state mandated shoreland zoning ordin.ce and how
            t town might "inull topether.' Have met with every coastal tov.,r.
        
            on the state  imposed shoreland zoning list during .,is contrnct
            year at least once except for Centreville.

            COASTAL POLICIES WORKSH      
               Nine towns were represented by 20 people who attended the
            workshop on April 25, 1991, at the University of Maine at Machias.
            (See attached announcements, news articles. attendance list, etc.)
            The workshop participants were carefully led through explanations
            on the application of each coastal policy in upcoming or ongoing
            comprehensive plan processess.      Cutle representatives utilized
            their process to demostrate the unusual application of the policies
            in regards to marine resources and access.        Cutler was given
            extensive T/A as followup to their accesa mapping (SEE attached
            letters from Cutler).     The handouts were 'utilized as they applied
            in the di3aussions and were very helpful in bringing attention to
            how the Coastal Policies were inteprated with the goals stated for
            the comprehensive plans.     Nuderous publications were referred to
            during the workshop as being 'holpful to towns in the planning process.
            A special work session was agreed to with Pembroke based upon the
            workshop.   Materials previously provided to Addison (See the Norton
            letter attached) were discussed with member represenatives during
            break.
 













                EMCWC 3rd oarter Coa.%Lil TA Rrport: Feb. 1, 1990 - April 30, 1991                                                                           RMCKPC 31 d (biarter CoasWTA Report: Feb. 1, 1990  Ap

                                          COASTAL TA REPORT& Srd UARTER                                                                                                The Coastal Planner reviewed the Flanning Board
                                                                                                                                                                attonicy is reviewing the ordinance, and a draft was also s
                                              Februiry 1, 1991 - April 30, 1991                                                                                 for their review. A hearing was held in late April, arid app
                                                                                                                                                                from the residents. The CFIO, Planning Board and FMCRI
                                                                                                                                                                Bakcr about some of the proposed standards for Resource
                TASK A: SHORELAND ZONING                                                                                                                        hiFiLlniodcratc-rited wetlands. The CEO, Rick Ropm, ha
                                                                                                                                                                process, but more importantly, in getting input and suppo
                Technical Assistance                                                                                                                            owner,, and other m-siftnts. The Town anticipates that it w
                                                                                                                                                                Meeting on June 24th.
                        EMCRPC continues to provide TA to all ofour towns as they work on their shorcland
                zoning ordinances and maps. The status ofthe non-coastal towns was reported in the 3rd uartet                                                  North I laven
                General FunclTA Report (April 1. 1991). In general, the coastal towns am making progress in
                revising SZOs; however. some towns have indicated that they do not expect to vote on S7.Os until                                                        The Coastal Planner met with the Planning Board
                late summer or in the fall. EMCRPC staff continues to urge communities to move forward with                                                     Island's shorcland zoning, which would be incorporated it
                revisions, regardless of the status ofcach town's comprehensive plan, arid regardless of what                                                   also discussed the importance of having a series of maps,
                ay happen with the DEP Shoreland Zoning Office. We arc aware of the potential stackup of                                                       continues to produce for other towns (e.g., St. George, V
                ordinances to be revicwc(t/approved by DEP if the communities wait until the last minute to                                                     Appleton, etc.). The Coastal Planner is reviewing their cu
                submit them. EMCRPC has been tracking the proposed revisions in each town, and has                                                              recommendations to meet the minimum regulations. Mein
                consistently been in touch with DEP Shoreland Zoning Office in order to work out any problems                                                   attended the Groondwater workshop we held in March, an
                early in the revision process, before the a town votes on or submits its SZO to DE'P. See tile                                                  resource protectionstandards, such as Vinalhaven is consi
                attached chart, "SZO Schedule by Town" for an updated summary of coastal towns' SZO                                                             Virrilhaven's proposed setbacks (e.g., wells from salt wat
                revisions and adoptions.                                                                                                                        Haven as well.

                        In addition to SZO revisions, the Coastal Planner has provided other shorcland zoning-                                                          The Coastal Planner also provided information to t
                related TA. Below is a town -by-town summary of the shoreland assistance provided by the                                                        the Island'r Rural District.
                Coastal Planner and other EMCRPC staff during the 3rd uarter of 1991.
                                                                                                                                                                tLo"h ort
          CID   Belfast
          n                                                                                                                                                            The Planning Board has held several working nice
                        The Comp. Plan Committee and the Waterfront Project Committee am both addressing                                                        members is using his home computer for the ordinance. S
                shorland and harbor area issues. The shoreland revisions are being addressed concurrently with                                                 but they am presently trying to verify non-fomsted and fo
                these other programs (see status ofCoastal Planning Grant Projects).                                                                            knowledge of the areas in uestion. EMCRPC will review

                Cushing                                                                                                                                         Owl's Head

                        Continued to work with the CEO and Planning Board on SZO revisions. Although die                                                                EMCRPC is currently working with the Planning
                ordinance is progressing, it is unlikely that it will be brought to Town vote until the fall.                                                   producing the maps needed to do a shomland zoning map.
                EMCRPC staff discussed the procedures for mapping shoreland zones, since Cushing will need                                                      the same as the State model; however, the areas to be shon
                to revise its out-dated SZ map. Cushing has described the shorcland districts in the ordinance by                                               reuirements. 1`he DEP reuires only Maine-mappcd well
                tax map and lot number.                                                                                                                         has a small area of such a wettand, but NWI identifed man
                                                                                                                                                                EMCRPC is encouraging Owl's Head (and other towns) t
                ridship                                                                                                                                      and National, and to distinguish between the two with a di
                        The SZO was adopted at the Spring Town meeting, and the shorelland zoning map is being                                                  site visits when an area is in uestion..
                adjusted accordingly. The Planning Board still wants to detineate, possibly by tax map lot                                                              EMCRPC staff followed up on the State Planning
                numbers, the extent of the CFMA and Resource Protection Districts. The Coastal Planner win be                                                   about the expansion project at Knox County Regional 8M
                meeting with the Planning Board in May to discuss this with thern.                                                                              acuisition of land and navigation easements necessary to
                -lb"r                                                                                                                                       There am several wetlands in the area to be acuired. The
                                                                                                                                                                and project description for our review.
                        Spoke to the Planning Board Chair about the status orthe SZO, which they expect to have                                                 R-ck Lmnd
                ready for a public hearing this spring. EMCRP(! has prepared a wetlands map and a shorcland
                zoning map via the Island Institute satellite imagery program.                                                                                          EMCRPC staff attended a Comprehensive Plan m
                                                                                                                                                                Manager to discuss the details of the Plan process.
                incolnvil                                                                                                                                              In July, a group from the 1991 US/LTK Countrysid
                                                                                                                                                                Penobscot Bay region, sponsored by area land trusts, U.
 












                IMCPC 3rd Quarter Coitnl TA Report: Feb. 1, 1990 - April 30. 19A.1                                                                         ENCTIV. :3rd uarter Coastal TA Report: Feb. 1, 1990 - A


                anizations, including EIMCRPC. The group will be visiting the Rockland I larbor and                                                        revised shorcland zone. The Comp. Plan Conimitim also
                waterfront area looking at tho potential for improving public access. FMCRPC will Ir a                                                         alld Ovslcr River% to he zone(] Rcsouirc Protection. The
                participant in the program.                                                                                                                    members to a subcommittee to continue working on the
                                                                                                                                                               are: 1) designating all undeveloped shorelands along the
                k"rt                                                                                                                                        most of tile river frontage in Town) as Rc,;o, kZ Protecti
                                                                                                                                                               Bog; 2) refining the allowed/prohibitrd uses in file Shorel
                       'Me Coastal Planner met with a Planning Board/Comp. Plan member about SZ revisions.                                                     improving the derinitions section. The Town is also inten
                Rockport SZ regulations are incorporated into various sections of the general Lind Use                                                         agricultural an(] tiniber harvesting BMPs into the shorcla
                Ordinance, making the revisions more complicated. A special SZ subcommittee, made tip of                                                       comMUnicafion between (he Planning Board and Comp P
                members of the Planning Board and Comp Plan Committee, will probably be appointed to work                                                      being considered as we work oil file shoreland regulation
                on tile ordinance in the coming weeks. The Coastal Planner will continue to provide assistance as
                needed. At our meeting, we also discussed water resources maps as part of the shorcland zoning,                                                Virialhaven
                pc.is. We anticipate niecting with Rockport commiltees andlor boaros in the near futureabout
                using these maps to identify wetlands and streams to be shorrIand zoned.                                                                              The Coastal Planner continued to work with the V
                                                                                                                                                               on tile Lind Use Table for their Ordinance. Other issues
                       The Coastal Planner provided information on phosphorus loading to the Rockport                                                          family to inulti-family dwellings, and die effect of afford
                CEO/Planner for die Chickawaukie Lake study. The Coastal Planner will probably assist the                                                      residents; building height limits close to the watec increas
                Comp Plan Committee as they develop water resource protection policies and strategies for                                                      weiland edge to 100 feet; and, Planning Board procedura
                Chickawaukie and other local lakes.
                                                                                                                                                                      Members of the VPC and tile Town Manager atte
                Sh-Thrn t9n                                                                                                                                Rockland in March. The inforination presented at this wo
                                                                                                                                                               Ordinance revisions, since it focuses on water resource p
                       Members of the South Thomaston Long-Range Planning Committee, assisted by
                EMCRPC staff, had worked on the SZO revisions for about six months. The ordinance was                                                          Wa"n
                brought to public hearings in December 1990 and Fcbruary'91.The atiendenceat these meetings
              was minimal, but no objections were raised over the proposed ordinance. However, Lhe Town                                                             EMCRPC staff continues to provide assistance to
                rejected die ordinance at the March Town Meeting. Them has been a turnover in the Boards                                                       they try to meet the Comp. Plan deadline on July I st (see
                (Planning and Selectmen), and the new Manning Board intends to rework the shoreland                                                            addition to the Comp Plan, die Town and EMCRPC staff
                ordinance.                                                                                                                                     local mining regulations. The Coastal Planner contacted if
                                                                                                                                                               Town of Jay for information that might be useful to Warr
                St. OM                                                                                                                                       Board to discuss it. Their greatest concern is protection o
                                                                                                                                                               wellm odier, far-reaching impacts on the groundwater sy
                       The Town initially planned to have a shoreland ordinance ready for Town vote at the                                                     to see the Comp. Plan specifically address impacts front
                March Town Meeting. However, the shoreland mapping took longer than anticipated, due to the                                                    water resources. Metal mining was skimmed over on the
                process of idenfifying additional wetlands to be shoreland-zoncd, and areas that must be zoned as                                              March, because (according to the Comp Plan Chairs) the
                Resource Protection. At this point, the Planning Board anticipates having one mom public hearing                                               now realizes that this issue must be addressed in the Plan
                on the ordinance, and voting on it at a special Town Meeting in the summer. The Coastal Planner                                                a metal mining Ordinance. EMCRPC staff will continue t
                has been helping the Planning Board revise and coordinate the definidon sections of the ShorrIand                                              ordinance(s).
                and Subdivision Ordinances (the latter is also being revised).
                       Tbe Coastal Planner assisted the CIRO with other shoreland-mlated uestions regarding the
                application for a "mobile hotdog stand" to be parked in a CFMA zone. The existing SZO does not
                address it, but the Town can refer to the Site Plan Ordinance. The greatest concern is about the
                impact on traffic circulation and parking in an already congested area.

                       The Scraggle. Point Subdivision case (see 1990 3rd & 4th uarter Coastal TA Reports,
                and 1991 3rd uarter General Fund TA Report) was upheld in Superior Court in Match, but the
                developer intends to appeal the case to the Maine Supreme Court. The Superior Court judge ruled
                that te St. George Planning Board had sufficient eVidenot: when it determined that the I I -acre
                subdivision along Mill Cove was in the Resource Protection District, and is subject to the 250-fooi
                setback. The developer claims that it isn't in RPD, and the setback is only 75 feet.

                Thomaston

                       The Coastal Planner rnet several times with the Comp. Plan Committee, Planning Board
                and CEO about SZ revision,.; and coastal policies. The maps that EMCRPC produced for tile
                Cmp. Plan provided information nejoessary to identify additional areas to be included in the
 













                MWRIV 3rd uart,.r C-AOTA Rxport: Feb. 1, t990 - April 30, 1991                               5                                                NNVAC 3rd -wi- 0,wd.0TA llpwt. 110,. 1, )!)!)0 - A


                TASK A : 3rd Ouarfer Workshop                                                                                                                   section. ENICRI'Cstaffhas nict with the Boards and Con
                                                                                                                                                                recent weeks, to discuss situation. 'llie Coastal Planner at
                Ldwater Re5imiTe                                                                                                                           Mining 01dinance - the other hig issue at present. Warre
                                                                                                                                                                TheTown is waiting for DEP to adopt the State Mining R
                        The second and thini of three Groundwater Workshops were field in February (Lifictly-                                                   Wairen's options for adopting local mining regulations. I
                Washington-Appleton) and in March (Islesboro-North Haven-Vinalliaven). Each workshop                                                            the inining moratorium, and possibly implement a develo
                addressed the problems arid issues specific to the participating towns. Both mectings were well-                                                adopted. See Attachment N3, inerno to the Warren Planni
                attended by the key people from each community (see Attachment $13).The islands' workshop                                                       ordinance and Conip Plan situiiion.
                was uite successful. Participants commented that the information and materials presented were
                very useful to Comp Plan and S70 development. Participants welcomed the opportunity to
                discuss common island water issues with each other and with groundwater experts.                                                                'rASK C: GFNE'RAL TE'CIINICAI. ASSISTAN

                Next Workshop - Wetlands Identification and Mapping: Shorcland Zoning and Conin hculsivc                                                               llie Coastal Planner coot inues to provide general
                Plannifig                                                                                                                                       regaiding shorcfand and related coastal           ai additio

                        Scheduled for Wednesday, June 5th (tentatively in Lincoinville). There is a need to                                                            FMCRPC staff developed packets for new local o
                educate the local boards and committees who are charged widi dcveloping and enforcing state and                                                 containir;g handbooks, ncwslcuers, and other information
                local wetlands policies and regulations on wetlands values, identification, etc. EMCRPC has                                                     board nicnibcrs. Wearr wsseinbling these Board Packets
                received copies of DEP's letters of approval ofseveral SZOs (Appleton, Swanville, Union). It                                                    over the next several weeks (see Anachmew 45).
                appears that although the ordinances are genrally in line with the state Slicircland Zoning
                Guidelines, thc towns are overlooking areas that must be shoreland zoned. Our experience as we                                                         A result of our extensive contact with both coasta
                asst towns with shoreland zoning and comprehensive planning indicates that a set of natural                                                    zoning, EMCRPC developed an Illustrated Guide to the S
                resource maps am extremely important, ifnot necessary, in order to determine the shoreland zones                                                Districts ("Shoreland Illustrated"!). A draft will be sent it
                (particularly wetlands and streams), and the areas which meet the reuirements for Resource                                                     sent to the DEP Shorcland Zoning Office for Rich Baker'
                Protection and must be zoned as such.                                                                                                           should he a useful handout, since it is based on sonic of d
                                                                                                                                                                on issues we encountered as we continue to work with lo
                h WetItuA Workshop will address: 1) How Maine and National wetlands are identifiedand
                mapped; 2) The state Shorcland Zoning Guidelines' criteria for shoreland zoned wetlands; 3) The
         D         i
                criteria for zoning areas as RPDs; and 4) The roles of the Planning Board and Conip. Plan
              Committees in identifying, mapping, and revising shoteland ordinances. The workshop will also                                                   Status of 1990 Coastal Planning Grant Projects:
                cover the laws that apply to wetland regulations, enforcement and permitting authorities, etc.
                                                                                                                                                                St. George

                TASK B: COASTAL POLICIFS                                                                                                                               The Harbor Project Committee has met several ti
                                                                                                                                                                Technics. There were two informational public hearings i
                Tier 1:                                                                                                                                         the purpose and direction of the project. The results of th
                                                                                                                                                                Were discussed, as were the preliminary recommendation
                Northport -                                                                                                                                     policies. Unfortuneatly, the survey returns were disappoi
                                                                                                                                                                about 20-30 people each night. The CPG Project Commi"
                       The Town is sending a draft of the Plan to EMCRPC for our review.                                                                        additional members to the Comp Plan Committee to frivol
                                                                                                                                                                (e.g., Recreation Committee) and other Town Boards, in
                Thomaston                                                                                                                                       between the Comp Plan and Harbor Project. According to
                                                                                                                                                                schedule".
                       The Coastal Planner reviewed a rough draft of the Inventory & Analysis of the Land Use
                and Natural Resources sections for CoLsW Policies and shomland zoning, and met with the Comp                                                    Belfast
                Plan Committee (see Task A). The Georges River Tidewater also made some useful suggestions
                to th Committee as they work on the Goals & Policies secition.1be Comp Plan Committee is                                                              According to a member of the Waterfront Project
                taking a close look at the shoreland Commercial District, relative to uses and dimensional                                                      Chair), Belfast's CPG project is progressing slowly. The
                reuirements; and, is recommending additional snoreland areas to be zoned as Resource                                                           of waterfront land uses, and will do an economic feasibili
                Protection. The Coastal Planner is working with the Comp Plan Committee on improving the                                                        vacant industrial buildings). The Committee hopes to prin
                water resource policies and implementation suategies (e.g, considering BMPs).                                                                   get Tnorc public input. Due to the very late start ofthe proj
                                                                                                                                                                concern about meeting the project deadline.
                Warren

                       The Town rejected the proposed Comp, Plan at the March Town Meeting. The Committee
                recently regrouped, with the same Co-Chairs, and has sought support from both the Planning
                Board and the Board of Selectmen. The major objections from the residents concern the Uand Use
 









                          Municipal Resource and Planning Office
                                   of Lincoln County
                                     (207) 882-6358                                                 Westport-- Westport is well on its way in the planning process.
                                                                                                    Ben and Bob met twice.   Ben tells me that they are now developing
                                 THIRD QUARTER  REPORT                                              policies.   I gave him a copy of the regional policies for their
                                                                                                    consideration.   They as most of our coastal towns have addressed
                                      ROBERT PRATT                                                  the coastal issues.    It must be remembered that they have very
                                                                                                    little contact with the sea even though they are an island.
          January 1991                                                                              So. Bristol-- Lucy Craib was elected to the chair of the South
                                                                                                    Bristol Comprehensive Planning committee.        She has asked for
          I am continuing to review each towns' shoreland zoning ordinance.                         assistance at future meetings. She is doing the rewriting now and
          I spent 4.6 hrs on Boothbay Harbor, 4.0 hrs on Wiscasset, 2.5 hrs                         will have it done by the end of March. She requested information
          on Edgecomb, 1.5 hrs on Jefferson, during the abbreviated first                           about erosion control used in other parts of the State. We will be
          week of the year.                                                                         helping review the plan for the coastal goals as well as the other
                                                                                                    comprehensive state goals.
          I made visits to selectmen meetings including, Jefferson and
          Bristol.  I worked with Bristol on their revisions. They need to                          Waldoboro-- The code enforcement officer believes that the town
          get focused on what they want to regulate and then how.         I can                     will rewrite the SLO but will not try to get it approved until
          provide the how, but not the what.      We agreed to bring in Rich                        Dec.1991.   lie says that the people want the present ordinance to
          Baker for the next meeting in February.                                                   function as the law as long as possible.          Bob met with the
                                                                                                    selectmen to discuss the office activities. They are interested in
          I went on an extended vacation starting   Jan. 11.                                        joint purchases and clam management.
          February 1991                                                                             Southport-- Bob met with the selectmen. They discussed the office
                                                                                                    responsibilities during and after the comprehensive plan is
          Newcastle -- I was present at a meeting of the State and Newcastle                        completed. They were also interested in joint purchases, septage,
          over Newcastle's Comprehensive Plan.      We addressed the concerns                       and getting representation on our board, and assistance with their
          DECD had over wording in the plan. Confusion was reduced when the                         ordinance rewrites.   Their present ordinance is very close to the
       OD two parties got together.                                                                 state minimum.   Little work is needed to finish.    The work may be
      OD                                                                                            done by Maine Tomorrow.
          I was on the planning committee for a major Statewide conference on
          Non-Point Source Pollution.     The day long program consisted of                         Dresden-- Bob met with the selectmen and Chair of the planning
          workshops and discussion groups on the topic of source pollution.                         board of Dresden. He discussed the role of the office and answered
          Many residents from Lincoln Country were among the 300+ attenders.                        questions.   They would like MRPOLC to get into group purchases.
                                                                                                    This should save each town thousands of dollars.       Dresden saves
          The state is considering changing the funding formula that they use                       over $1000 on salt alone.     Bob has made additional contacts with
          to allocate funds to the RPCs.      They are considering using the                        the Planning Board chair.     She was sick at the end of March but
          county boundaries as a possible funding district.       I have spent                      will call when she feels better.
          time with MARC directors and Frank O'Hara (consultant) discussing
          the options.    At this time I can't project the outcome nor the                          Wiscasset-- Bob met with the selectmen to discuss the activities of
          effect on our office.                                                                     the office now that their plan.is completed. They were interested
                                                                                                    in joint purchases.     Bob has spoken with Dan Thompson who feels
          Bremen -- Bremen was not funded on either proposal that we assisted                       that the office can be helpful on a review of SLo, Greenbelt and
          them with.    They expect the Marina to purchase the 12 acres of                          other ordinances.
          land, we were hoping to acquire as public lands. I have called the
          Dept. of Conservation to express our interest of some public access                       March 1991
          at the site.   They agree and will consider making that a part of
          the lease of public lands.      Bob met with the selectmen.       They                    Boothbay Harbor. I spoke with Rollins Hale concerning an easement
          expressed an interest in the clam ordinance project, joint                                to property now bounded by a new large subdivision. We discussed
          purchases and  salt sheds. Bob has contacted the State concerning                         a variety of options and he aggeed to talk with the land owners.
          salt sheds. It appears that coastal towns may be able to build no                         Bob reviewed the latest draft of the SID.       Ile wrote a letter to
          salt shed if they store theii salt close to the ocean.         I have                     Dabney. 6 hrs.
          followed this up as it may provide more public access. It appears
          now that it is feasible.    Newcastle has build their salt storage
          area for less than 10,000.













           Edgecomb Kimball-Chase called to discuss watersheds. I suggested                         did not write the ordinance, it appears that we may get involved in
           that as a part of their study that they show on a map what land is                       the interpretation. Bob has reviewed the State comments, contacted
           in each watershed.    I suggested that they could get watershed                          the corp and reviewed the harbor ordinance. He also gave the new
           information from the Soil and Water Conservation Service.                                members of the harbor committee the handbook. 8 hrs.

           Damariscotta.   Joan and I met with Francine Rudoff and the                              Bob attended a 2-day workshop on GIS. This should give him a good
           comprehensive planning committee to discuss their plan.      It was                      background for future coastal planning.
           felt that the plan is good, but lacks a development district
           (residential). The state is happy with their coastal issues. We
           are following this plan and helping on SLO.

           Alna- I spent over 8 hours reviewing the Alna plan. It contains
           lots Of policies and implementation strategies. More so than are
           likely to be approved. They are not a coastal town so issues of a
           c?astal nature are not addressed to a great extent, but water and
           river issues are.

           Bristol. I met with Marty Moses to go over his maps. They now know
           the zones but do not know what to put in them. I agreed to collect
           up some data and go to their meeting on March 26. At that meeting
           I took them through the possible options with which they could
           develop districts. They defined the districts and started placing
           them on a map.

           April 1991

           Had the sixth meeting with Bristol.       They have developed the
           criteria for districts and have started to place them on a map.
       OD
       %D  Boothbay - Bob spoke with Fred Farnham. The town is attempting to
           get their land use ordinances done for the May 6 meeting. After
           that they will start the review of their shoreland.         Fred is
           interested in our help.

           Newcastle- Bob spoke with the new Chair of the planning board, Dan
           Schick. He is interested in our help but at this point needs to get
           new members and deal with some leftovers from the comp plan. They
           will be working on SLO this spring.

           I spoke with a representative of the Damariscotta Lake Association.
           They want to continue to have regional planning on their waterbody.
           I suggested that they gather town policies from tier one towns and
           make them available to the tier two towns.       She agreed.    Joan
           attended a meeting held in Jefferson. 4 hrs

           Bob has met with Pat Jennings to discuss similar regional policies.
           They have agreed to compare two groups, transportation and water
           issues. Their boards have met together to finalize the process.

           Bob spent a Friday night talking with citizens of Bremen. They are
           very concerned with the new Marina that has been approved.         it
           happens that they have just passed a harbor ordinance which may
           become the focal point of litigation on this issue. Although we











                                                              EXHIBIT E-11



                      LIST OF PRODUCTS, r.2521 AWARD (1290-91)


         Task 1    Core Law Enforcement   Ad3ninistration

              Model Shoreland Zoning Permit Forms, DECD, Office of
              Comprehensive Planning, January 1991--

         Task 2 -- Municipal Grant Program

              Guidelines & ARplication for the ImRlementation Grant
              Coastal Management Grant Programs, DECD/OCP, October 1990


         Task 3    Coastal Policy Development: Allocating Mainels Marine
                   Waters


         Task 4    Program Management & Public Education

              Report on Coastweek/Cleanup 1990, Griffin & VanDusen, SPO,
              February 1991.
























              Transmitted with this progress report.
              Transmitted with a previous progress report.

         prog5-91.rpt


                                         90




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