Environmental Consultants P.O. Box 224 Bath, Maine (207) (207) (Fax)

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2 P.O. Box 224 Bath, Maine (207) (207) (Fax) Robert Green Maine Department of Environmental Protection 312 Canco Road Portland, Maine May 11, 2016 Re: Natural Resources Protection Act, Individual Permit Application for the addition of seasonal floats and modification to the float anchoring system for the Chebeague Island Boat Yard located at 24 Niblic Circle in the Town of Chebeague Island, Maine. Dear Bob, On behalf of Chebeague Island Boat Yard, LLC, (EA) is pleased to submit six (6) copies of an Individual Natural Resources Protection Act (NRPA) Application to the Maine Department of Environmental Protection (DEP) for the addition of seasonal floats in addition to modifications to the existing float anchor system associated with the Chebeague Island Boat Yard. The additional floats will provide a greater depth of water at low tide and additional docking area for the facility. A copy of this Application has been submitted to the U.S. Army Corps of Engineers, Maine Projects Office in Manchester, Maine and to the Town of Chebeague Island, Maine. Thank you in advance for your consideration of this Application. If you require any additional information or clarifications, please feel free to contact me at or by at timforrester@comcast.net. Sincerely, Timothy A. Forrester Biologist Aquatic, Marine, Wetland, & Wildlife Inventories and Assessments / Permitting / Project Management / and Expert Witness Services

3 Application for the addition of seasonal floats and modification to the float anchor system for the Chebeague Island Boat Yard located at 24 Niblic Circle Chebeague Island, Maine Submitted to: Maine Department of Environmental Protection 312 Canco Road Portland, ME Submitted by: P.O. Box 224 Bath, ME May 3, 2016

4 APPLICATION FOR A NATURAL RESOURCES PROTECTION ACT PERMIT èplease TYPE OR PRINT IN BLACK INK ONLY 1. Name of Applicant: Chebeague Island Boat Yard, LLC c/o Paul Belesca 2. Applicant's Mailing Address: PO Box Niblic Circle Chebeague Island, ME Applicant's Daytime Phone #: (207) Applicant s Address (Required from either applicant or agent): 9. Location of Activity: (Nearest Road, Street, Rt.#) 24 Niblic Circle 12. Type of Resource: (Check all that apply) 15. Type of Wetland: (Check all that apply) 16. Brief Activity Description: ciby@chebeague.net q River, stream or brook q Great Pond X Coastal Wetland q Freshwater Wetland q Wetland Special Significance q Significant Wildlife Habitat q Fragile Mountain q Forested q Scrub Shrub q Emergent q Wet Meadow q Peatland X Open Water q Other 5.Name of Agent: 6. Agent s Mailing Address: ECO-ANALYSTS, Inc. P.O. Box 224 Bath, ME Agent's Daytime Phone #: (207) Agent s Address: 10. Town: Chebeague Island 13. Name of Resource: 14. Amount of Impact: (Sq.Ft.) timforrester@comcast.net Casco Bay 11. County: Cumberland Fill: ± 15 square feet Dredging/Veg Removal/Other: FOR FRESHWATER WETLANDS Tier 1 Tier 2 Tier 3 q 0-4,999 sq ft. q 5,000-9,999 sq ft q 10,000-14,999 sq ft q 15,000 43,560 sq. ft. q > 43,560 sq. ft. or q smaller than 43,560 sq. ft., not eligible for Tier 1 The applicant proposes to add five (5) additional seasonal floats to an existing dock for a commercial boat yard. The applicant also proposes to modify the float anchor system. 17. Size of Lot or Parcel & UTM Locations: q square feet, or X 3.4 acres UTM Northing: UTM Easting: Title, Right or Interest: X own q lease q purchase option q written agreement 19. Deed Reference Numbers: Book#: Page#: Map and Lot Numbers: Map #: I02 Lots #: DEP Staff Previously Jen Harris/ Dave Cherry Contacted: 23. Resubmission q Yesè If yes, previous of Application?: X No application # 24. Written Notice of q Yes è If yes, name of DEP Violation?: X No enforcement staff involved: 26. Detailed Directions to the Project Site: 22. Part of a larger project: q Yes X No After-the- Fact: q Yes X No Previous project manager: 25. Previous Wetland x Yes Alteration: q No Take the Casco Bay Ferry to Chebeague Island. Follow Casco Bay Landing Road to Chandlers Cove Road. Turn left onto Bennetts Cove Road. Take your third right onto John Small Road. In 0.8 miles, the boatyard will be on your right. 27. TIER 1 TIER 2/3 AND INDIVIDUAL PERMITS r Title, right or interest documentation r Topographic Map r Narrative Project Description r Plan or Drawing (8 1/2 x 11 ) r Photos of Area r Statement of Avoidance & Minimization r Statement/Copy of cover letter to MHPC 28. FEES Amount Enclosed: $ X Title, right or interest documentation X Topographic Map X Copy of Public Notice/Public Information Meeting Documentation X Wetlands Delineation Report (Attachment 1) that contains the Information listed under Site Conditions X Alternatives Analysis (Attachment 2) including description of how wetland impacts were Avoided/Minimized X Erosion Control/Construction Plan X Functional Assessment (Attachment 3), if required X Compensation Plan (Attachment 4), if required X Appendix A and others, if required X Statement/Copy of cover letter to MHPC n/a Description of Previously Mined Peatland, if required CERTIFICATIONS AND SIGNATURES LOCATED ON PAGE 2

5 PAGE 2 08/08 IMPORTANT: IF THE SIGNATURE BELOW IS NOT THE APPLICANT'S SIGNATURE, ATTACH LETTER OF AGENT AUTHORIZATION SIGNED BY THE APPLICANT. By signing below the applicant (or authorized agent), certifies that he or she has read and understood the following : DEP SIGNATORY REQUIREMENT PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in or affecting navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor a permit be issued. CORPS SIGNATORY REQUIREMENT USC Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry shall be fines not more than $10,000 or imprisoned not more than five years or both. I authorize the Corps to enter the property that is subject to this application, at reasonable hours, including buildings, structures or conveyances on the property, to determine the accuracy of any information provided herein. DEP SIGNATORY REQUIREMENT "I certify under penalty of law that I have personally examined the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I authorize the Department to enter the property that is the subject of this application, at reasonable hours, including buildings, structures or conveyances on the property, to determine the accuracy of any information provided herein. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Further, I hereby authorize the DEP to send me an electronically signed decision on the license I am applying for with this application by ing the decision to the address located on the front page of this application (see #4 for the applicant and #8 for the agent). SIGNATURE OF AGENT/APPLICANT May 11, 2016 DATE: NOTE: Any changes in activity plans must be submitted to the DEP and the Corps in writing and must be approved by both agencies prior to implementation. Failure to do so may result in enforcement action and/or the removal of the unapproved changes to the activity.

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7 Information Summary Subscriber activity report This record contains information from the CEC database and is accurate as of: Mon May :55:18. Please print or save for your records. Legal Name Charter Number Filing Type Status CHEBEAGUE ISLAND BOAT YARD, LLC DC LIMITED LIABILITY COMPANY (DOMESTIC) GOOD STANDING Filing Date Expiration Date Jurisdiction 11/15/2005 N/A MAINE Other Names CIBY ACQUISITION, LLC (A=Assumed ; F=Former) F Clerk/Registered Agent CHRISTOPHER E. HOWARD MERRILL'S WHARF 254 COMMERCIAL STREET PORTLAND, ME List of Filings Back to previous screen New Search Click on a link to obtain additional information. Obtain additional information: View list of filings Additional Addresses Plain Copy Certified copy Certificate of Existence (more info) Short Form without amendments ($30.00) Long Form with amendments ($30.00)

8 TABLE OF CONTENTS Exhibit 1. Activities Description Exhibit 2. Alternatives Analysis Exhibit 3. Location Map Exhibit 4. Photographs Exhibit 5. Plans Exhibit 6. Construction Plan Exhibit 7. Erosion Control Plan Exhibit 8. Appendices A, B, and D Exhibit 9. Notice of Intent to File Exhibit 10. List of Abutters, Deed for Property, Tax Map Exhibit 11. MHPC and Tribal Notifications Exhibit 12. Functional Assessment, including U.S. Fish and Wildlife Official Species List Exhibit 13. Compensation

9 EXHIBIT 1.0: ACTIVITY DESCRIPTION Chebeague Island Boat Yard (CIBY) is a full service marina that provides vessel storage, repairs and restoration, as well as marine fuel sales. It is the only facility on the island and is actively supporting the needs of commercial and recreational boat owners on Chebeague, the outer islands of Casco Bay, and throughout the mainland community. Commercial customers include the island lobster boat fleet and working vessels that support the local oyster aquaculture industry. Dropping Springs Lobster Co-op has a summer buying station and bait operation on a large smack float on the fringe of the boat yard mooring field. Formed by lobstermen from Chebeague, the smack serves boats from Chebeague Island, Cliff Island, and the mainland who sell their catch, load their bait, and fuel up with gasoline or ultra-low sulfur diesel fuel as required during the season. They also utilize the CIBY dock system to pick up and drop off sternmen (laborers) who work onboard the boats or at the smack operation. Recreational customers at CIBY include year round and summer residents of Chebeague as well as boat owners throughout the Casco Bay region. A 30 ton remote control submersible trailer provides the capability to haul boats up to 50 feet in length and 7 feet of draft. All hauling/launching activities are done on the tidal ramp at the facility. In season service and routine fueling operations are completed alongside the floating dock system. Transient boaters utilize the dock system at the boat yard for recreational use, access to the retail store and bathroom facilities, and to visit friends or relatives on Chebeague. With upland vehicle parking and a protected mooring field, the boat yard has also become a critical access point for boaters who live or rent on Chebeague and need to get to/from the mainland.

10 Winter storage (both outside and inside heated) provides the opportunity for year round employment at CIBY. Repair and restoration efforts enable the yard to maintain a staff of well qualified technicians on a year round basis, providing jobs that are vital to sustain an island community. Winter float storage has been a recent growth area as well. The existing railway equipment offers a unique method that can efficiently and safely handle seasonal floats that cannot or should not be stored on the shore near the pier locations. CIBY works with several firms that provide fall and spring service to float owners at locations from Orrs Island, Cliff Island, Long Island, Diamond Islands, Cousins & Littlejohns, as well as numerous installations on the Yarmouth, Cumberland, and Falmouth Foreside areas. The boatyard s existing dock consists of a sixteen (16) foot wide by one-hundred (100) foot long crib supported pier, a four (4) foot wide by forty (40) foot long ramp, a fourteen (14) foot wide by thirty (30) foot long float, eight (8) - ten (10) foot wide by twenty-four (24) foot long floats, and a ten (10) foot wide by twenty-four (24) foot long float that forms an L at the end of the dock system. The existing float set-up does not provide sufficient docking area or depth at low tide for marina users. The Applicant determined that in order to meet the current needs of the facility, extending into deeper water would be necessary. (EA) investigated the site and the surrounding area to determine the feasibility of accessing the resource and modifying the facility that will accommodate the Applicant s needs and meet project goals while avoiding and minimizing impacts to the coastal wetland. Based on the Applicant s needs, the existing conditions of the site and the outcome of our investigations, the following design criteria have been determined.

11 In order to meet the project purpose, the Applicant proposes to add four (4), ten (10) feet wide by twenty-four (24) feet long floats to the existing float set-up and add an additional ten (10) foot wide by twenty-four (24) foot long float to the end L. This will increase the length of the seasonal floats by ninety-six (96) feet in length and will provide a fifty-eight (58) foot long face. The Applicant currently secures the floats in place with seven (7) anchor chains, each of which is approximately seventy-five (75) feet long. The Applicant proposes to modify this existing set-up and secure the floats in place with up to eight (8), ten (10) inch diameter greenheart pilings and ten (10) batter pilings of the same size. All ground tackle will be removed from the subtidal zone and the eelgrass (Zostra marina) bed that is located within the area. The impacts and proposed improvements to the eelgrass bed are further discussed in Exhibit All pilings will be driven to refusal in the substrate and will result in approximately eighteen (18) square feet of direct impacts to the resource. During the off-season, the Applicant proposes to store all floats in an upland location.

12 EXHIBIT 2.0: ALTERNATIVES ANALYSIS Several alternatives were considered in determining the need and the placement of the proposed structures. Factors considered in this analysis include: shoreline characteristics, substrates, vegetation, tidal access, identified natural resources, and existing facilities. 2.1: ALTERNATIVE ONE The Applicant considered not adding additional floats or modifying the existing float anchor system. However, this would not meet the Applicant s project purpose for additional docking area and depth at low tide. For this reason, the no action alternative was rejected since it would not meet the project purpose. 2.2: ALTERNATIVE TWO The Applicant considered extending the permanent pier portion of the dock. However, the Applicant determined the project purpose could be met by extending the seasonal structures and minimize the direct impacts to the resource as a result. alternative was rejected. Therefore, this 2.3 ALTERNATIVE THREE The Applicant considered other configurations to meet the project purpose. However, the Applicant determined the proposed configuration and float anchor change from chains to piling minimizes the existing impacts to the eelgrass bed and places the floats within deeper water in a less dense area of eelgrass. As a result, the proposed project will provide deeper water for watercraft to dock at the facility and reduce boat traffic scour to the eelgrass bed. For these reasons, the Applicant determined the proposed project will meet the project purpose and minimize impacts to the resource. 2.4 STATEMENT OF AVOIDANCE AND MINIMIZATION In summary, the Applicant considered several alternatives before determining that the proposed modifications to the boatyard are the most practicable alternatives to meet project goals. The dimensions have been designed to accommodate various size watercraft that utilize the facility and seasonal structures will be stored outside of the coastal wetland during the offseason.

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14 EXHIBIT 4.0: PHOTOGRAPHS The following photographs are taken from the site of the proposed project and represent the existing conditions located at the Chebeague Island Boat Yard located at 24 Niblic Circle, Chebeague Island, Maine. Photograph One. Facing southerly view of existing dock (not all floats are installed). Photographer: Paul Belesca, Chebeague Island Boat Yard, LLC Date: April 26, Photograph Two. Facing easterly view of existing dock showing layout of existing floats. Source: Chebeague Island Boat Yard, LLC Date: Summer Page 6

15 Photograph Three. Facing northerly, view of existing crib at end of pier. Photographer: Paul Belesca, Chebeague Island Boat Yard, LLC. Date: April 26, Photograph Four. Facing westerly, view of existing pier and ramp. Photographer: Paul Belesca, Chebeague Island Boat Yard, LLC. Date: April 26, Page 7

16 Photograph Five. View of inner area of eelgrass bed. Photographer: Tim Forrester, Date: April 22, SCENIC DESCRIPTION The shoreline at the project site and the surrounding area is primarily developed with commercial and residential structures that are visible from the coastal wetland. The existing facility has been in existence for over seventy (70) years. There are existing docks associated with residential structures visible from the resource. Given the existing development in the project area, the Applicant determined that the proposed modifications will be compatible within the viewshed of the resource, will not result in contrast in scale, and will not result in spatial dominance within the viewshed of the resource.

17 Maine. RIPARIAN LINE MEAN LOW WATER (M.L.W.) MEAN HIGH WATER (M.H.W.) HIGHEST ANNUAL TIDE (H.A.T.) EX. RAILWAY PROPERTY LINE EXIST. WHARF NIBLIC CIRCLE BLDG JOHN SMALL ROAD BLDG BLDG BLDG ENVIRONMENTAL CONSULTANTS P.O. BOX 224 BATH, MAINE (207) Fax (207) Date: Drafted By: 5/10/2016 TF/SS EELGRASS EELGRASS EXIST. FLOATS RIPARIAN LINE Sheet 1 of 4 Overall Existing Conditions Plan View of the Chebeague Island Boat Yard at 24 Niblic Circle on Chebeague Island,

18 Maine. RIPARIAN LINE RIPARIAN LINE MEAN LOW WATER (M.L.W.) MEAN HIGH WATER (M.H.W.) HIGHEST ANNUAL TIDE (H.A.T.) EXISTING RAILWAY PROPERTY LINE BLDG BLDG BLDG ENVIRONMENTAL CONSULTANTS P.O. BOX 224 BATH, MAINE (207) Fax (207) Date: Drafted By: 5/10/2016 TF/SS EELGRASS EELGRASS EXIST. WHARF EXIST. RAILWAY EELGRASS GROUND TACKLE EXISTING RAMP AND FLOATS Sheet 2 of 4 Detailed Existing Conditions Plan View of the Chebeague Island Boat Yard at 24 Niblic Circle on Chebeague Island,

19 EXIST. RAILWAY EELGRASS RIPARIAN LINE 133 FT +/- RIPARIAN LINE MEAN LOW WATER (M.L.W.) MEAN HIGH WATER (M.H.W.) HIGHEST ANNUAL TIDE (H.A.T.) EXISTING RAILWAY PROPERTY LINE BLDG BLDG BLDG EELGRASS EELGRASS EXIST. WHARF PROPOSED ADDITIONAL FLOATS & GREENHEART PILINGS EXISTING RAMP AND FLOATS Detailed Proposed Site Plan View of the Chebeague Island 84 FT +/- ENVIRONMENTAL CONSULTANTS P.O. BOX 224 BATH, MAINE (207) Fax (207) Date: Drafted By: 5/10/2016 TF/SS Sheet 3 of 4 Boat Yard at 24 Niblic Circle on Chebeague Island, Maine.

20 Chebeague Island, Maine. EXISTING WHARF EXISTING 40FT ALUMINUM RAMP & 14FT X 30FT FLOAT (8) EXISTING 10FT X 24FT FLOATS SECTION INSTALL 10" DIA. GREENHEART PILES AND BATTER PILINGS. RELOCATE END FLOAT TO NEW END OF FLOATS. EXISTING FLOAT GROUND TACKLE TO BE REMOVED. EXISTING WHARF, RAMP AND FLOATS TO REMAIN PLAN VIEW ENVIRONMENTAL CONSULTANTS P.O. BOX 224 BATH, MAINE (207) Fax (207) timforrester@comcast.net Date: Drafted By: 5/10/2016 TF/SS (5) PROPOSED 10FT X 24FT FLOATS (5) PROPOSED 10FT X 24FT FLOATS M.L.W. Sheet 4 of 4 Section & Plan View Details of the New Floats & Piles for Chebeague Island Boat Yard at 24 Niblic Circle on M.L.W.

21 EXHIBIT 6.0: CONSTRUCTION PLAN The pilings for the floats will be driven to refusal within the subtidal zone with a vibratory hammer. The number and size of the piles associated with the additional floats are described in Exhibit 1.0. Any CCA-treated lumber used for the construction of the floats will be cured on dry land for 21 days prior to the start of construction. All materials will be transported to the site by boat or accessed from adjacent upland areas. Construction access will take place by boat and from the adjacent upland. The overall scope of the project will not result in measureable soil disturbance.

22 EXHIBIT 7.0: EROSION CONTROL PLAN The addition of the floats requires no excavation and/or earth moving. Pilings will be vibrated into place. All work will be conducted at low tide. The proposed activity will generate minimal sedimentation, if any, and no formal measures will be required to control erosion or sedimentation for this portion of the project.

23 APPENDIX A: MDEP VISUAL EVALUATION FIELD SURVEY CHECKLIST (Natural Resources Protection Act, 38 M.R.S.A. 480 A - Z) Name of applicant: Chebeague Island Boat Yard, LLC Phone: (207) Application Type: Individual NRPA Activity Type: Seasonal Float Modifications Activity Location: Town: Chebeague Island, Cumberland County GIS Coordinates, if known: Northing Easting Date of Survey: April 22, 2016 Observer: Tim Forrester Phone: Distance Between the Proposed Visibility Activity and Resource (in Miles) 1.Would the activity be visible from: 0-¼ ¼-1 1+ A. A National Natural Landmark or other outstanding x natural feature? B. A State or National Wildlife Refuge, Sanctuary, or x Preserve or a State Game Refuge? C. A state or federal trail? x D. A public site or structure listed on the National x Register of Historic Places? E. A National or State Park? x F. 1) A municipal park or public open space? x 2) A publicly owned land visited, in part, for the use, x observation, enjoyment and appreciation of natural or man-made visual qualities? 3) A public resource, such as the Atlantic Ocean, x a great pond or a navigable river? 2. What is the closest estimated distance to a similar activity? x 3. What is the closest distance to a public facility intended for a similar use? N/A 4. Is the visibility of the activity seasonal? Yes x No (i.e., screened by summer foliage, but visible during other seasons) 5. Are any of the resources checked in question 1 used by the public? xyes No

24 APPENDIX B: MDEP COASTAL WETLAND CHARACTERIZATION: INTERTIDAL & SHALLOW SUBTIDAL FIELD SURVEY CHECKLIST NAME OF APPLICANT: Chebeague Island Boat Yard, LLC PHONE: (207) APPLICATION TYPE: Individual NRPA ACTIVITY LOCATION: Chebeague Island COUNTY: Cumberland ACTIVITY DESCRIPTION: fill pier lobster pound shoreline stabilization dredge x other: Commercial Boat Yard DATE OF SURVEY: April 22, 2016 TIME OF SURVEY: 7:00 am OBSERVER: Tim Forrester TIDE AT SURVEY: Low Tide SIZE OF DIRECT IMPACT OR FOOTPRINT (square feet): Intertidal area: 0 Subtidal area: approximately 18 sq. ft. SIZE OF INDIRECT IMPACT, if known (square feet): Intertidal area: 0 Subtidal area: approximately 3,660 sq. ft. HABITAT TYPES PRESENT(check all that apply): sand beach boulder/cobble beach x sand flat mixed coarse & fines salt marsh ledge rocky shore mudflat (sediment depth, if known: ) ENERGY: protected x semi-protected partially exposed exposed DRAINAGE: x drains completely standing water pools stream or channel SLOPE: >20% 10-20% 5-10% x 0-5% variable SHORELINE CHARACTER: bluff/bank (height from spring high tide: ) beach rocky xvegetated FRESHWATER SOURCES: stream river wetland x stormwater MARINE ORGANISMS PRESENT: absent occasional common abundant mussels x clams x marine worms x rockweed x eelgrass x lobsters x other* x *barnacles, periwinkles SIGNS OF SHORELINE OR INTERTIDAL EROSION? yes x no PREVIOUS ALTERATIONS? x yes no CURRENT USE OF SITE AND ADJACENT UPLAND: undeveloped residential xcommercial degraded recreational PLEASE SUBMIT THE FOLLOWING: x Photographs x Overhead drawing (pink)

25 Natural Resource Protection Act Application APPENDIX D: Project Description Worksheet for a Dock, Pier or Wharf Application. Help us process your application more efficiently by completing this worksheet, which is supplemental to a NRPA application for a dock, pier or wharf. A completed Appendix D may be substituted for Block 14 of the application page. THIS IS AN APPLICATION FOR A... Commercial wharf If yes, indicate type of commercial activity: License number: Number of fishermen using this wharf: Public pier, dock or wharf Common or shared recreational pier, dock or wharf Private recreational pier, dock or wharf x Expansion or modification of an existing structure Other, please indicate: Rowing Facility TELL US ABOUT YOUR BOAT... My boat(s) requires a draft of various lengths. My boat(s) is various lengths TELL US ABOUT YOUR PROJECT SITE... For coastal piers and wharves, please complete Appendix B of the NRPA application. For freshwater docks, please describe the substrate and any vegetation: See Appendix B SCENIC CONSIDERATIONS Please complete Appendix A of the NRPA application. WHAT FACILITIES ARE NEARBY? *The Applicant did not consider other facilities given that they are the only commercial marina on the island and public facilities would not meet their project purpose. The nearest public boat launch is located in Chebeague Island approximately 2 miles from the project location.(stone Pier) (town) (distance) CIBY is the only public, commercial facility on the island. I have inquired about slip or mooring availability at the nearest marina or public facility.

26 Yes, a slip or mooring is available. No, a slip or mooring is not available. Approximate expected time on waiting list: Unknown x I have contacted the local Harbor Master. Genaro Balzano (207) I currently use the following for my boat: Mooring Marina TELL US ABOUT YOUR PROPOSED PIER, DOCK OR WHARF MATERIALS: X The structure will be supported by up to eighteen (18), 10 inch in diameter timber pilings. The structure will be supported by stacked, flow-through granite cribs. blocks, measuring feet by feet The structure will be supported by solid fill. square feet of solid fill Other: DIMENSIONS: Length of fixed section: n/a Width of fixed section: n/a Length of ramp: n/a Dimensions of float: (5) 10 feet wide by 24 feet long Distance the structure will extend below mean low water (MLW): approximately 250 feet Depth of water at the fixed end of the structure: (@HAT) 9.5 feet Depth of water at the float at low tide: approximately 4.5 feet Depth of water at the float at high tide: approximately 15 feet Dimensions of any proposed buildings (e.g. bait shed): feet high by feet wide by feet long ACCESS: During construction, my project site will be accessed via: X Land Beach/intertidal area X Water/barge

27 PUBLIC NOTICE: NOTICE OF INTENT TO FILE Please take notice that Chebeague Island Boat Yard, LLC, P.O. Box 13, 24 Niblic Circle, Chebeague Island, ME is intending to file a Natural Resources Protection Act permit application with the Maine Department on or about May 9, The application is to add for floats for additional docking area and modify the float anchor system for the Chebeague Island Boat Yard. A request for a public hearing or a request that the Board of Environmental Protection assume jurisdiction over this application must be received by the Department in writing, no later than 20 days after the application is found by the Department to be complete and is accepted for processing. A public hearing may or may not be held at the discretion of the Commissioner or Board of Environmental Protection. Public comment on the application will be accepted throughout the processing of the application. The application will be filed for public inspection at the Department of Environmental Protection s office in Portland during normal working hours. A copy of the application may also be seen at the municipal offices in Chebeague Island, Maine. Written public comments may be sent to the regional office in Portland where the application is filed for public inspection: MDEP, Southern Maine Regional Office, 312 Canco Road, Portland, Maine

28 PUBLIC NOTICE FILING AND CERTIFICATION 08/08 Department Rules, Chapter 2, require an applicant to provide public notice for all Tier 2, Tier 3 and individual Natural Resources Protect Act projects. In the notice, the applicant must describe the proposed activity and where it is located. Abutter for the purposes of the notice provision means any person who owns property that is BOTH (1) adjoining and (2) within one mile of the delineated project boundary, including owners of property directly across a public or private right of way. 1. Newspaper: You must publish the Notice of Intent to File in a newspaper circulated in the area where the activity is located. The notice must appear in the newspaper within 30 days prior to the filing of the application with the Department. You may use the attached Notice of Intent to File form, or one containing identical information, for newspaper publication and certified mailing. 2. Abutting Property Owners: You must send a copy of the Notice of Intent to File by certified mail to the owners of the property abutting the activity. Their names and addresses can be obtained from the town tax maps or local officials. They must receive notice within 30 days prior to the filing of the application with the Department. 3. Municipal Office: You must send a copy of the Notice of Intent to File and a duplicate of the entire application to the Municipal Office. ATTACH a list of the names and addresses of the owners of abutting property. CERTIFICATION By signing below, the applicant or authorized agent certifies that: 1. A Notice of Intent to File was published in a newspaper circulated in the area where the project site is located within 30 days prior to filing the application; 2. A certified mailing of the Notice of Intent to File was sent to all abutters within 30 days of the filing of the application; 3. A certified mailing of the Notice of Intent to File, and a duplicate copy of the application was sent to the town office of the municipality in which the project is located; and 4. Provided notice of and held a public informational meeting, if required, in accordance with Chapter 2, Rules Concerning the Processing of Applications, Section 13, prior to filing the application. Notice of the meeting was sent by certified mail to abutters and to the town office of the municipality in which the project is located at least ten days prior to the meeting. Notice of the meeting was also published once in a newspaper circulated in the area where the project site is located at least seven days prior to the meeting. The Public Informational Meeting was held on NOT APPLICABLE Date Approximately n/a members of the public attended the Public Informational Meeting. Signature of Applicant or authorized agent May 9, 2016 Date

29 EXHIBIT 10.0: LIST OF ABUTTERS Name Map, Block, Lot Address City, State/County Zip Code Town of Chebeague Island Robert and Nancy Earnest Map I02, Lot North Road Chebeague Island, ME Map I02, Lot 51A 12 Rose Point Road Chebeague Island, ME Robert Grant Map I02, Lot Ridgewood Parkway East Danville, NJ Ronald and Erica Formisano Map I02, Lot Snaffle Road Lexington, KY Adam Rothschild et al. Map I02, Lot De Haro St. Apt. B Adam Rothschild et al. Map I02, Lot De Haro St. Apt. B San Francisco, CA San Francisco, CA Ernest Richardson Map I02, Lot Church Hill Road Augusta, ME Hartley Brewer Map I02, Lot 76A 6 Rose Point Road Chebeague Island, ME 04017

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35 322' 80' ' 120' 110' 68' 200' 115' 110' 115' 110' 8 99' A B 88' ' 140' 110' ' 300' 1 457' 1.7 AC 375' 40' 130' 40' 100' 1250' 51 7 AC ' 250' 245' ' 135' ' 51E 4.2 AC 51G 51F ' ' 3.6 AC ' 2 AC ' 730' 3.6 AC 1.65 AC 52A H ' ' ' ' 235' 50C ' ' 190' ROSE POINT ROAD ' ' 90' ' 110' ' ' 275' 270' ' 185' 215' 200' 245' 190' 180' 135' 75' 115' 125' 230' 160' CHARLESTON ROAD 170' 110' 245' 150' 25' 80' 135' R/W 130' 155' 100' 140' 105' 115' 115' 205' 220' WALDO POINT ROAD 40' 125' 205' 127' 230' 100' 305' 100' 108' 120' 66 50' 155' I ' AC ' ' 250' 310' 75' ' ' 75' ' 199.2' 51C 2 AC ' ' ' ' 50B 1.8 AC 275' 75' 240' 84.2' ' ' AC I1 20B 16.0 AC 67' ' 2.41 AC 2.5 AC 2.5 AC AC AC 2 AC 2.3 AC 2.2 AC SOUTH ROAD 3.15 AC 5.8 AC 3.71 AC 2.5 AC 7.45 AC 6 JOHN SMALL ROAD 1.6 AC 1.6 AC AC 1.6 AC I3 5 AC I3 I3 I3 5 AC I3 130 T 8 SOUTH ROAD 1.52 AC 4.73 AC SCHOOL HOUSE ROAD I5 I3 I5 I5 I5 I5 I5 35B I5 I A I3 21A ' ' 30A 16 19A 8D B 108A 17 51B 50A ' 9 3 0' 175' 0' 107C 544' 150' 130' 135' 375' 234' ' 478' 66' 478' 325' 214' 452' 630' A 107D 260' 175' 270' 265' 277' 89.14' 217' 15 7A A A A 35A 51A 76A A A 27D B 26C 20 26A A C C A ' 490' ' 198' 90' 252' 120' 50.7' 210' ' 290' 500' 50.5' 500' 315' 650' 145' 1630' ' 528.9' ' 30' R/W 207' 205.5' 270.1' 145' 445' 170' 185' 350' 175' 77' 150' 150' 200' 35' 115' 115' 75' 80' 200' 119' 100' 200' 100' 200' 50' 50' 119' 113.5' 120' 160' 170' 80' JOHN SMALL ROAD 44.5' ' 234.2' ' 68.6' ' 301.3' 165' ' 120' ' ' 60' 120' 138' 400' 121' 395' 92' 40' 85' 80' 80' 55' 50' 70' 60' 80' 50' 95' 80' 265' 200' ' 90' 20' 103' 175' 12' 395' 71.8' ' 170' 147' 50' 99' ' 880' ' 330' ' 90' 260' 100' 104' 129' 240.5' 390' ' ' ' 220' ' 170' 85' 95' 90' 960' ' 107' ' 200' ' ' 318' 145' 98.93' 150' 240' ' ' 340' 252' 315' 85' 320' ' 70' ' 715.8' 180' ' AC ' 460' 270' ' 395' 1190' ' 36A 450' 7.22 AC 150' 150' 1040' 160' 120' 785' 134' 150' 45' ' 865' 300' 150' ' 595' 579.1' 150' ' 780' 277.9' 79.9' ' ' 359' ' 84' ' 425' 150' 205' ' 372' 574' 90' 116' 307' 116' 165' 344.5' 300' 150' NORTH ROAD 150' 165' 130' 132' 132' ' 141' 253' 140' 130' 395' CROSSMAN LN LITTLEFIELD ROAD ' CLASSIFIED TREE GROWTH 180' 96' NIBLIC CIRCLE ' 140' 815' 115' 115' 140' ' 415' JOHN SMALL ROAD ' ' 210' 180' 400' 178' 220' 75' 705' 300' 360' 495' 170' 268' 255' 390' 208' 235' 125' ' 85' 160' 244' 170' 232' 119' 50' 148' 99' 160' 163.5' 63' ' 352' 30' 130' 170' ' 120' 400' 6 AC 200' 177.1' NORTH ROAD 220' 110'120' 180' 48' 121' 117' 200' 152' 160' ' 200' 200' 230' 240' 110' 245' 238' 286.4' 316' 398' ' ' ' 600' 350' 278' 202' 300' ' 600' 205' 202' 150' 200' 880' 205' 300' 160' 450' 730' 1400' 130' 610' 715' 407.3' 120' ' AC ' ' 63' 433' 69' ' 429' ' 27B 69' 50' 115' 395' 2 AC 280' ' LITTLEFIELD ROAD ' 325' 200' 2 AC 775' 830' 479.3' 385' 40' 758.8' 330' 280' ' 330' 119.4' 111.6' ' ' 140' 112' 102' ' ' ' ' ' 250' ' ' ' 574.1' 160' 145' 879.1' 128.7' ' 380' 384' ' 85' 150' ' 235' ' 255' 143' 27 74' 235' ' 32A 154.2' 300' 450' 592' 136' 317' ' 380' 455' 220' 101' 110' 153' 217' 237' 100' 353' 100' 637.7' 630' 149' 148.5' ' 2.1 AC 37A 4.51 AC 280' 635' 278' 300' 128' 6.37 AC 290' 237' 290' ' 200' 305' 37B 43A 800' 180.3' 439.7' 149' 710' 6.38 AC 148.5' 850' ' ' 840' 855' ' 1370' Maps Prepared by: Tax Sheets are intended for assessing purposes only. Boundary locations are approximate and should not be used for conveyance of property. Legend Tax Parcels Parcels Farmland and Tree Growth Town Owned or Cemetery Open Space ROW Utility Railroad Roads Water ROW/Easements Town of Cumberland, Maine 500 Index Map Cumberland Tax Map I02 Map updated to: April 1, 2007 patial Alternatives S Feet

36 Mr. Earle G. Shettleworth, Jr. Maine Historic Preservation Commission State House Station 65 Augusta, Maine P.O. Box 224 Bath, Maine (207) (207) (Fax) May 6, 2016 RE: Maine Department of Environmental Protection (DEP) Natural Resources Protection Act (NRPA) Application for modifications to the Chebeague Island Boat Yard located at 24 Niblic Circle, Chebeague Island, Maine (Tax Map I02, Lot 76). Dear Mr. Shettleworth, Chebeague Island Boat Yard, LLC has applied for a NRPA permit requesting approval for modifications to the existing float system for the boat yard located at 24 Niblic Circle in Chebeague Island, Maine. Attached please find a copy of a Location Map and Photographs for your review. If you have any questions or concerns with this project, please feel free to contact me directly at (207) or by at timforrester@comcast.net. Thank you in advance for your timely comments. Yours Truly, Timothy Forrester Biologist Cc: Jennifer Pictou, Aroostook Band of Micmacs Donald Soctomah, Passamaquoddy Tribe of Indians, PPR Susan Young, Houlton Band of Maliseet Indians Chris Sockalexis, Penobscot Nation Donald Soctomah, Passamaquoddy Tribe of Indians, IPR Aquatic, Marine, Wetland, & Wildlife Inventories and Assessments / Permitting / Project Management / and Expert Witness Services

37 EXHIBIT 12.0: FUNCTIONAL ASSESSMENT 12.1 INTRODUCTION EA personnel conducted a site visit at the property on April 22, The purpose of the site visit was to gather data to perform a Functional Assessment of the coastal wetland, map the extent of Eelgrass (Zostra marina), conduct a bathymetry survey, and locating other natural resources within the area of the existing and proposed structures. The assessment was conducted at low-tide METHODOLOGIES The site was evaluated based on DEP methodologies identified in the Natural Resources Protection Act, 38 M.R.S.A. 480-A to 480-BB NRPA Application, Appendix B, MDEP COASTAL WETLAND CHARACTERIZATION: INTERTIDAL & SHALLOW SUBTIDAL FIELD SURVEY CHECKLIST. A copy of the checklist is attached in Exhibit 9.0. Site-specific data were gathered with a survey transit and a Trimble GEO 7X GPS unit. Features identified include rock outcrops, Highest Annual Tide (HAT), Mean High Water (MHW), Mean Low Water (MLW), property pins, habitat types, and existing structures. The collected data were then used to generate plan view and cross section drawings (see Exhibit 5.0) RESULTS The upland adjacent to the shoreline is developed with a boatyard that includes a parking area, storage and repair buildings, boat launch, two marine railways, and a dock that is described in Exhibit 1.0. The topography of the upland portion of the site is relatively flat. The upper intertidal is comprised primarily of sand flats. Based on the 2013 Eelgrass (Zostra marina) survey layer of the Maine Office of GIS, Eelgrass is located

38 within the vicinity of the project site. The site visit confirmed that Eelgrass is located in the vicinity of the project site and was mapped to determine the extent. According to Inland Fisheries and Wildlife, the site is located in Tidal Waterfowl and Wading Bird habitat. The energy level is considered semi-protected and no freshwater wetlands were identified on the parcel. The general slope along the shoreline is between 0-5% and the shoreline is best defined as developed. There were no signs of shoreline erosion within the project site. Three (3) general habitat types were identified in the vicinity of the project: Upland, Sand Flats and an Eelgrass Bed. The proposed structures will be positioned over sand flats and eelgrass DISCUSSION AND CONCLUSIONS All organisms identified within the footprint of the proposed structures are common within the surrounding area. The majority of seasonal structures will be stored outside of the coastal wetland during the off-season. There are no trees proposed to be cut for the project. Based on the conditions identified during the investigation and the proposed dock configuration, no loss of wetland functions or values is expected to occur. The existing facility has a high level of boat traffic that is transient in nature. The dock as it is currently configured is located in just over three (3) feet of water at low tide. As a result of prop wash, it can be assumed that the eelgrass has been impacted over the years. By removing the ground tackle and extending the floats beyond the

39 dense area of eelgrass, it is EA s opinion, that impacts to the eelgrass will be minimized. This is due to the fact that the end floats will be located in deeper water which will reduce potential prop wash and scour from boat traffic and the floats will extend beyond the more dense areas of eelgrass. It is projected that the eelgrass bed closer to the upper intertidal will be able to naturally re-vegetate over time.

40 United States Department of the Interior FISH AND WILDLIFE SERVICE Maine Ecological Services Field Office 17 GODFREY DRIVE, SUITE 2 ORONO, ME PHONE: (207) FAX: (207) URL: Consultation Code: 05E1ME SLI-0426 May 02, 2016 Event Code: 05E1ME E Project Name: Chebeague Island Boat Yard Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies the threatened, endangered, candidate, and proposed species and designated or proposed critical habitat that may occur within the boundary of your proposed project or may be affected by your proposed project. This species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR (e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC Web site at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

41 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the Endangered Species Consultation Handbook at: This species list also identifies candidate species under review for listing and those species that the Service considers species of concern. Candidate species have no protection under the Act but are included for consideration because they could be listed prior to completion of your project. Species of concern are those taxa whose conservation status is of concern to the Service (i.e., species previously known as Category 2 candidates), but for which further information is needed. If a proposed project may affect only candidate species or species of concern, you are not required to prepare a Biological Assessment or biological evaluation or to consult with the Service. However, the Service recommends minimizing effects to these species to prevent future conflicts. Therefore, if early evaluation indicates that a project will affect a candidate species or species of concern, you may wish to request technical assistance from this office to identify appropriate minimization measures. Please be aware that bald and golden eagles are not protected under the Endangered Species Act but are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.). Projects affecting these species may require development of an eagle conservation plan: Information on the location of bald eagle nests in Maine can be found on the Maine Field Office Web site: Additionally, wind energy projects should follow the wind energy guidelines: for minimizing impacts to migratory birds and bats. Projects may require development of an avian and bat protection plan. Migratory birds are also a Service trust resource. Under the Migratory Bird Treaty Act, construction activities in grassland, wetland, stream, woodland, and other habitats that would result in the take of migratory birds, eggs, young, or active nests should be avoided. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: and at: 2

42 and at: We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment 3

43 United States Department of Interior Fish and Wildlife Service Project name: Chebeague Island Boat Yard Provided by: Maine Ecological Services Field Office 17 GODFREY DRIVE, SUITE 2 ORONO, ME (207) Consultation Code: 05E1ME SLI-0426 Event Code: 05E1ME E Project Type: FILL Official Species List Project Name: Chebeague Island Boat Yard Project Description: The applicant proposes to add four seasonal floats to an existing boat yard. Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the 'Provided by' section of your previous Official Species list if you have any questions or concerns. 05/02/ :49 AM 1

44 United States Department of Interior Fish and Wildlife Service Project name: Chebeague Island Boat Yard Project Location Map: Project Coordinates: MULTIPOLYGON ((( , , , , ))) Project Counties: Cumberland, ME 05/02/ :49 AM 2

45 United States Department of Interior Fish and Wildlife Service Project name: Chebeague Island Boat Yard Endangered Species Act Species List There are a total of 1 threatened or endangered species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions. Mammals Status Has Critical Habitat Condition(s) Northern long-eared Bat (Myotis septentrionalis) Threatened 05/02/ :49 AM 3