STATE OF MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION & FORESTRY LAND USE PLANNING COMMISSION 194 MAIN STREET WALTER E. WHITCOMB COMMISSIONER PAUL R. LEPAGE EAST MILLINOCKET, MAINE 04430 GOVERNOR NICHOLAS D. LIVESAY EXECUTIVE DIRECTOR FORESTRY OPERATIONS PERMIT FOP 939 The staff of the Maine Land Use Regulation Commission, after reviewing the application and supporting documents submitted by Louis Buck & Louise Magoon for Forestry Operations Permit FOP 939, finds the following facts: 1. Landowner/Applicant: Louis Buck & Louise Magoon 101 Cram Street Bradley, Maine 04411 2. Agent: Shelterwood Forest Solutions, Inc Attn: David A. Irving PO Box 467 Lincoln, Maine 04457 3. Date of Completed Application: July 28, 2014 4. Location of Proposal: T41 MD BPP, Hancock County, Maine Maine Revenue Service Map HA015; Plan 04; Lot 71A 5. Zoning: (D-RS) Residential Development Subdistrict 6. Lot Size: 1.89± Acres (owned) 7. Approximate Time Period of Application Proposed Operation: 08/01/2014 to 09/30/2014 8. The applicants’ 1.89 acre lot has approximately 219 feet of shore frontage on Nicatous Lake and approximately 282 feet of road frontage in T41 MD BPP and is located in a (D-RS) Residential Development Subdistrict; lot 71A contains a single family residential dwelling and shed. The area surrounding the lot is developed with single family residential dwellings along the shoreline of Nicatous Lake bordered by forest management property. 9. The applicants seek permit approval to timber harvest approximately 15 pine trees, including 14 large mature and over-mature white pine and one red pine on the 1.89 acre lot in the (D-RS) Residential Development Subdistrict. Only one tree is proposed to be removed within 100 feet of the normal high water mark of Nicatous Lake, located greater than 50 feet from the lake. The timber stand is primarily composed of a mature conifer stand, dominated by eastern hemlock, with a secondary density of white pine, red pine, mixed hardwoods and red spruce. Stand basal area is between 150-200 square feet per acre, with stem density excedding 300 trees per acre. The objective of the single tree selection, light cut harvest is to thin and remove over-mature and defective trees to mitigate safety hazards on the property; to allow growth of the remaining trees; and to allow regeneration of the understory. Removal of these trees will result in a reduction of less than 20% total basal area of the woodlot. 191 MAIN STREET PHONE: 207-731-4398 www.maine.gov/acf FAX: 207-746-2243 FOP 939, Buck/Magoon Page 2 of 3 10. The applicants state that the area proposed for timber harvesting is upland with a one (1) percent generally long, gently sloping ridge with no outcrops or ledges present and with well drained, sandy or gravelly soils. No soil erosion or soil rutting is anticipated as a result of the proposed timber harvest. Trees to be removed will be marked with flagging, will be manually cut with a chainsaw, and a cable skidder will be used to assist with directional felling to minimize damage to residual trees. No road construction is proposed. 11. The applicants and the applicants’ agent state that the harvest operations will comply with the Standards for Timber Harvesting, Section 10.27,E of the Commission’s Land Use Districts and Standards. 12. The applicants’ agent states that the harvest operations will comply with the Standards for Vegetation Clearing, Section 10.27,E of the Commission’s Land Use Districts and Standards. 13. Pursuant to Section 10.21,H,3,c,(16) of the Commission’s Land Use Districts and Standards, timber harvesting may be allowed within a (D-RS) Residential Development Subdistrict upon issuance of a permit from the Commission pursuant to 12 M.R.S.A. §685-B, subject to the applicable requirements set forth in Sub-Chapter III. 14. The proposal complies with Sub-Chapter III of the Commission's Land Use Districts and Standards. 15. The facts are otherwise as represented in Forestry Operations Permit application FOP 939 and supporting documents. Based upon the above Findings, the staff concludes that if carried out in compliance with the Conditions below, the proposal will meet the Criteria for Approval, section 685-B(4) of the Commission's Statutes, 12 M.R.S.A. Therefore, the staff approves the application of Louis Buck & Louise Magoon with the following Conditions: 1. The Standard Conditions (ver. 9/84) for all Forestry Operations Permits, a copy of which is attached. 2. The permittee shall comply with the Standards for Timber Harvesting, Section 10.27,E of the Commission’s Land Use Districts and Standards, revised September 1, 2013, a copy of which is attached. 3. The permittee shall comply with the Standards for Vegetative Clearing, Sections 10.27,B of the Commission’s Land Use Districts and Standards (revised 9/1/2013), a copy of which is attached. 4. All practicable steps shall be taken to prevent damage to regeneration in order to minimize the adverse aesthetic impacts of the operation. 5. All operations shall be halted where the continuation of such operations will cause or contribute to the occurrence of erosion or the sedimentation of surface waters, whether such occurrence is precipitated by exceptionally wet weather, the failure of water control measures, or other factors. Adequate steps must be taken immediately to stop any erosion or FOP 939, Buck/Magoon Page 3 of 3 sedimentation of surface waters and to correct the situation which led to such occurrence. For the purposes of this action erosion is defined as evidence of rill or gully erosion. 6. The period of operations shall be from the date of this permit authorization to 09/30/2014. This permit is approved upon the proposal as set forth in the application and supporting documents, except as modified in the above stated conditions, and remains valid only if the permittee complies with all of these conditions. Any variation from the application or the conditions of approval is subject to prior Commission review and approval. Any variation undertaken without Commission approval constitutes a violation of Land Use Regulation Commission law. In addition, any person aggrieved by this decision of the staff may, within 30 days, request that the Commission review the decision. DONE AND DATED AT EAST MILLINOCKET, MAINE, THIS 28th DAY OF JULY, 2014. By: _ _____ for Nicholas D. Livesay, Executive Director .