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Plum Creek

Plum Creek developments (08/28/2007)

 

You can follow this link to download the most recent documents filed by Plum Creek and LURC.

 

http://www.maine.gov/doc/lurc/reference/resourceplans/moosehead.html

 

In late July the MWGO filed for Intervener status with LURC on the Plum Creek development proposal for the Moosehead Lake Region. The Natural Resources Council of Maine, the Appalachian Mountain Club and other organizations have been helping us wade through the process.

 

See below for documents submitted by the MWGO to LURC.

 

Schedule for Plum Creek Public Hearings
Pre-hearing conference agenda
Proposed groupings
Public Hearing and Conservation Framework Letter
Q&A on AMC Purchase and Sale Agreement related to the Conservation Framework

Issues Statement Cover Letter

MWGO Issues Statement2007-08-31 MWGO Pre filed Testimony

Posted 12-13-2007 

To:  Concerned MWGO MembersFrom: Kevin Slater and Greg Shute, MWGO Co-PresidentsSubject: Plum Creek Public Hearings on Re-zoning  

We would like to ask you to consider attending one of the LURC public hearings this Saturday in Portland or Sunday in Greenville?  It would be great to get 3-4 people at each hearing, voicing valid concerns about the plan. Various special interest groups who favor the proposal hired a telemarketing firm to get the pro-plan people to the hearings. We need to balance that, or the LURC commissioners will think the public is all for the current plan.   The Maine Wilderness Guides filed as neutral interveners.  There are parts of the plan that we support however we also have concerns regarding the amount of development in several areas that are important to our members

 

Following is a list of key points to get across with the LURC commissioners. We would be happy to talk with anyone about these points in greater detail (Kevin: 824-2073; Greg: 549-3326)

 

                                                        Key Points  (in 3 minutes!)

 

(Acknowledge the area needs an economic boost but that the current plan needs modification)

 

A.    Balance easement, as it currently stands, is not a very fair trade for the citizens of Maine.  There is a need to consider not just  the total acreage (20,000 developed vs. 90,000 “donated” to offset or mitigate the development.

Two other considerations:

1.     The public value of lands lost to development. Undeveloped shorefront is of high public outdoor recreational value—this plan has a lot of shoreline sprawl.  Example: one can’t mitigate the loss due to over development of a canoe route like the lower Moose River. There is only one.

2.     Balance easement fair trade in terms of dollars for citizens of Maine to approve the zone change. The $ value of the “donated balance easement” should be roughly equal to the increased value of the land to the developer after the zoning change. Otherwise the citizens of Maine are writing a check to Plum Creek for the difference.

 

Tell LURC you recommend the plan be modified according to the Maine Department of Inland Fisheries and Wildlife filed testimony: Section II Balance Easement and Section III, Recommended Change to Proposed Development Envelopes. This is the agency that is charged with protecting the public resources of fish and wildlife and their recommendations should be followed.

  

B.    In general the current plan violates a number of LURC stated goals and statutes in the following areas: Long Pond and Lily Bay. A sample of the language designed to protect “primitive recreation” (defined in Appendix A of LURC’s Comprehensive Land Use Plan as “non-motorized travel,” fishing, hunting, canoeing, tent camping, etc.):

“Minimize non-compatible outdoor recreational use “

 

“no undue adverse impacts on traditional recreational use”

 

“new uses or activities do not diminish the experience for traditional users”

 

“Commission’s approach to recreational use focuses on supporting and protecting primitive recreation resources.”

 

“Safeguard the principal values of the jurisdiction including a working forest, integrity of natural resources and remoteness.

 

C.    There is no overall recreational management plan for the area to address the increased pressure that will be put on the area’s natural resources. An inventory of current use and areas of high public value use should be done initially. A management plan needs to address at a minimum:

 

1.     increased use and competition for primitive campsites

2.     increased usage of affected ponds, lakes, rivers and trails

3.     incompatible recreational activities resulting in user conflict (i.e. motorized vs. non motorized)

4.     loss of remoteness

5.     loss of primitive recreational opportunities

6.     negative impacts on existing  guides and outfitters

7.     negative impact on existing Maine residents who enjoy “quiet” outdoor recreational activities

The rezoning request should be contingent upon the development and approval of a recreational management plan.

 

 


September 6, 2005
Dear LURC,
We are a group of like minded guides and camp owners engaged in people powered trips, fishing for wild native fish; and/or engaged in fair chase hunting; or extended canoeing trips. We require areas large enough for multi-day trips summer and winter that are not easily accessed by  motorized vehicles. As part of your scoping process on issues related to the rezoning of commercial woodlands and concept plan presented by Plum Creek we would like you to consider the following Issues.
Dangerous Precedent
The current plan would allow Plum Creek to “cash in” by purchasing commercial woodlands then rezone and develop most of the larger lakes, ponds and rivers. We consider this would set a dangerous precedent that would lead to future development in Maine
’s remote unorganized and undeveloped territories. The current plan represents shoreline sprawl. Another possible consequence of the rezoning change whereby a company buys a commercial woodlot for $300-$400 acre, sells shore lots for $200,000-$250,000 acre is that it would fuel speculative buying thereby driving up the cost to the state (and taxpayers) for future purchases of land and/or easements.
Unfair Balance

We believe the current plan presents substantial losses of public resources (impact on fisheries, wildlife habitat losses, lake and river front development, loss of public access) so great that it will be difficult to offset. Most of the proposal development is taking place in shorefront areas that are already in high public use for primitive pursuits (camping, fishing, guiding, etc.). There is a very high public cost associated with this type of development. The current plan proposes major development on all (except E.O. Kennebec and Roach River) of the accessible major lakes, ponds and rivers In Plum Creeks land ownership which by law belong to all the citizens of Maine. Plum Creek likes to say only 2% of this land is being developed. We would urge LURC to look at the percentage of shoreline proposed to be developed) (excluding undevelopeable shorefront, i.e. remoteness, wetlands, etc.) from that equation. When considering what is a publicity beneficial balance between development and conservation compare apple to apple orange to orange in terms of public resources are lost by the proposed development. For example 1200’ of public use shorefront loss on Brassua Lake cannot be compared to 1200’ of shorefront protected on a remote inaccessible pond which is seldom used by the public.
Economic Impact

We believe Greenville, Rockwood and Jackman could benefit from some economic stimulus as forest industry related jobs are declining and will probably continue to do so. We feel this is not the right type of economic stimulus and development. It would surely degrade the principal values of the area and turn Moosehead into a Lake Winapausakee, We feel large scale residential development is inappropriate and that it would compromise the areas ability to attract the “right type” of tourist. The tourist we hope to attract would be a mix of sportsmen and women for fishing, hunting and camping; eco tourist - Interested in wildlife viewing, birding, etc. non motorized recreation enthusiasts - hiker, mountain bikers, canoers & kayakers. We believe there is significant potential to expand tourism in these areas without compromising principal values of the area since they have a common theme of being primitive pursuits
Impact on Current Uses

We are guides, outfitters and commercial camp owners/managers who strongly believe the Plum Creek Concept Plan would have a negative effect on our current businesses. Our clients come to fish in quiet and remote areas and to canoe and camp and view wildlife along undeveloped shoreline. We strongly oppose the shoreline sprawl concept this represents. For example the current commercial camp owner on Second Roach Pond recently purchased their land from P.C. The concept plan calls for 10 shorefront lots. Their clients come for fishing, hunting, peace and quiet. It will not be the same.
Development

Some issues to consider in guiding development for the Moosehead area would be to:
cluster development in or adjacent to existing communities so that tax and economic benefits go to the towns and development is not sprawled.
‘development outside municipal boundaries should have a fair percentage of property taxes going to the neighboring communities supplying necessary services such as ambulance, fire and schools, etc.; mill rates should be similar. Development should be culturally and environmentally appropriate. For example it should not impact areas which already have high public use. Culturally we have a large history of small family run sporting camps, we do not have (or want) large scale exclusive private resorts and sporting clubs for the rich, Any development needs to provide assurance to the public of future access for traditional outdoor uses. development should be driven and shaped by citizens of the nearby communities and unorganized territories, with general public input. The current plan takes into account only one thing; maximizing corporate profits. Concept plan should not negatively impact (Including visually and quality of experience) current existing publicly owned areas (parks, public lands) or areas of high public use/value. In closing we would like to make an observation about process, It is backwards. instead of drawing up a concept plan in their office about proposed development in the Moosehead area and presenting it to the public to react to; Plum Creek should have fully engaged and involved the public, Due to the planning process Plum Creek chose to undertake we urge LURC to scrutinize It carefully and thank you for the opportunity to comment on the issues it raises.

Sincerely,
Kevin Slater

 

 

 

 

 

 

To: MWGO     B of D’s.

Landon Fake—Outward Bound 

Bryan Wentzell—AMC

Lina Koski  

            Following you will find LURC’s procedural guidelines for the Plum Creek rezoning request and the timeline.  Please note that all issues to be commented on during the hearing are required to be submitted to LURC by 4 pm on Friday July 27th.  They want specific and detailed issue statements and a list of witnesses.  The next pre-hearing meeting is August 3rd.  I cannot attend that meeting, but we must have a MW60 representative there.  Let me know if you can attend.

            The issues we identified in an earlier meeting were:

  • Plum Creek reserves the right to charge fees for commercial use on conservation easement lands
  • Protecting/maintaining the E.Outlet/W.Outlet Indian pond as a remote canoe route
  • Making sure that the “donated easements” that are required for the zoning change are adequate and of “high value” to the public and guides
  • Protecting/maintaining the lower Moose River (Long Pond to Moosehead Lake) as a viable canoe route
  • Also review attached letters to LURC September 6, 2005 (1) and November 11, 2006
 

I propose we form a Plum Creek sub-committee that beside myself has 2 or 3 other board members.  We will need to meet once or twice in the next 2 weeks to prepare our issue statements that have to be filed by 7/27.  Please let me know if you are willing to serve on this sub-committee.  It would be great to have at least one person from the Greenville area—Lani or Linda?

 

Please let me know ASAP your comments on two issues:

1)     Are you all right with MW60 being grouped with the AMC as LURC gas suggested?

2)     Should we endorse NRCM & Maine Audubon’s request that LURC “deem the conservation framework as legally irrelevant to the concept plan?”  (See First Hearing Conference Memo—Section III—Other Matters—a. Threshold evidentiary ruling.

 

The actual hearing will be 2 weeks long in November, probably in the Bangor area.  I can now access & read email, but can’t send.  Call me if you have questions or want to discuss something.

 

Thanks,

Kevin

 

V. Recreational Resources EXAMPLES OF POTENTIAL ISSUES This category includes, but is not limited to, the following types of potential issues: 􀂃 Issues concerning the effects of the proposal on existing recreational uses and resources, including:           - primitive recreational uses and resources (camping, hiking, fishing, hunting, canoeing, etc.)           - diversified, nonintensive, nonexclusive use of recreational resources;           - recreational trails (hiking, ATV, snowmobile, water/canoe trails);           - water access, including trailered and/or hand-carry boat launches;           - remote ponds; and/or           - public recreation lands, including state parks and reserved lands; 􀂃 Issues concerning the effects of the proposal on existing recreation-based commercial operations, including registered Maine guides, outdoor education services, campgrounds, commercial sporting camps and other lodging facilities. 􀂃 Issues concerning public access related to recreational use of lands within the plan area. 􀂃 Issues concerning the locations and terms of proposed Peak-to-Peak, Moosehead-to-Mahoosucs, and ITS snowmobile trail easements.  
REGULATORY/LEGAL CRITERIA AND CLUP REFERENCES The regulatory/legal criteria and CLUP references that may relate to these potential issues include, but are not necessarily limited to, the following: 􀂃 12 M.R.S.A § 681. Purpose and Scope The Legislature finds that it is desirable to extend principles of sound planning, zoning and subdivision control to the unorganized and deorganized townships of the State: … to prevent inappropriate residential, recreational, commercial and industrial uses detrimental to the proper use or value of these areas; to prevent the intermixing of incompatible industrial, commercial, residential and recreational activities; to provide for appropriate residential, recreational, commercial and industrial uses; … to prevent the despoliation, pollution and inappropriate use of the water in these areas … In addition, the Legislature declares it to be in the public interest, for the public benefit and for the good order of the people of this State, … to encourage the appropriate use of these lands by the residents of Maine and its visitors, in pursuit of outdoor recreation activities, including, but not limited to, hunting, fishing, boating, hiking and camping.  􀂃 12 M.R.S.A. § 685-A (8-A) See also Section 10.08,A of the Commission’s Land Use Districts and Standards A. “The proposed land use district is consistent with the ...comprehensive land use plan and the purpose, intent and provisions of this chapter”WORKING DRAFT: DOES NOT REPRESENT DEPARTMENT, ATTORNEY GENERAL, OR ADMINISTRATION POSITION. Potential Issues and Applicable Legal Criteria Pertaining to Zoning Petition ZP 707 July 13, 2007 Page 15 of 21  B. “The proposed land use district ... has no undue adverse impact on existing uses or resources...” 􀂃 Section 10.23,H (P-RP Subdistrict Criteria for Review) 6c. “The plan conforms with the Commission’s Comprehensive Land Use Plan” (see below) 6e. “The plan ... includes in its purpose the protection of those resources in need of protection” 􀂃 Section 10.25,A (Review Standards for Structures Adjacent to Lakes) See also Section 10.08,B of the Commission’s Land Use Districts and Standards “...These standards must also be considered in applying the criteria for adoption or amendment of land use district boundaries, as provided in Section 10.08, to proposed changes in subdistrict boundaries adjacent to lakes.” 3. “Traditional Uses: The proposal will not have an undue adverse impact on traditional uses, including without limitation, non-intensive public recreation, sporting camp operations, timber harvesting, and agriculture” 4. “Regional diversity: The proposal will not substantially alter the diversity of lake-related uses afforded within the region in which the activity is proposed.”  􀂃 Excerpts from the Commission’s Comprehensive Land Use Plan – … the Commission’s approach to recreational uses focuses on supporting and protecting primitive recreational resources and opportunities. (p. 68) – While the Commission encourages recreational diversity, it will ensure that new uses or activities do not diminish the experience for traditional recreational users. (p. 75) – Since its inception, the Commission has recognized the importance of guiding new development to appropriate locations as an effective means of protecting the jurisdiction’s principal values… The Commission has identified four principal values that define the jurisdiction’s distinctive character: The economic value of the jurisdiction for fiber and food production, particularly the tradition of a working forest … Diverse and abundant recreational opportunities, particularly for primitive pursuits … Diverse, abundant and unique high-value natural resources and features … Natural character values, which include the uniqueness of a vast forested area that is largely undeveloped and remote from population centers. (p. 114) – While the Commission is charged with protecting the values of the jurisdiction, it will ensure that reasonable economic development is accommodated, particularly facilities related to forestry, agriculture or recreation. (p. 128) – Proposals for other development adjacent to sporting camps will be reviewed with particular care to ensure that values on which the camps depend for their survival are not eroded. (p. 128) – Goal pertaining to recreational resources: Conserve and protect the natural beauty and unspoiled qualities of the waters, shorelands, mountains, plant and animal habitats, forests, scenic vistas, trails and other natural and recreational features in order to protect and enhance their values for a range of public recreational uses. (p. 138) – Policies pertaining to recreational resources: (p. 138) 1. Protect remote, undeveloped and other significant recreational areas, including such areas around rivers and streams, trails, ponds and lakes, to protect their natural character for primitive recreational activities such as canoeing, hiking, fishing and nature study. 2. Encourage diversified, nonintensive, nonexclusive uses of recreational resources. (Nonexclusive uses are those in which a wide range of people can participate, generally at reasonable cost. – p. 64)  

3. Promote a range of recreational opportunities, including (a) major, intensive recreational facilities near organized areas or in new development centers determined to be appropriate, (b) less-intensive, nonexclusive recreational facilities in other areas, and (c) opportunities for primitive recreation without intrusion from more intensive forms of recreation.

5. Encourage intensive recreational facilities to locate or expand away from areas where there is a potential for conflict with existing uses, natural resources and other values of the jurisdiction.

6. Encourage traditional outdoor recreation by working with landowners to conserve the natural resources of the jurisdiction and to enhance recreational opportunities.

– Policies pertaining to water resources: (p. 138)

2. Protect the recreational and aesthetic values associated with water resources.

4. Conserve and protect lakes, ponds and rivers and their shorelands which provide significant public recreational opportunities.

5. Permit a reasonable range of development and land uses on lakeshores in order to accommodate a range of recreational opportunities important to Maine people.

7. Encourage cooperative uses of public and private docks, water access points and boat launching sites.

 VIII. Conservation EXAMPLES OF POTENTIAL ISSUES This category includes, but is not limited to, the following types of potential issues: 􀂃 Issues concerning the location, amount and terms of the proposed ‘balance’ conservation easement. 􀂃 Issues concerning the Conservation Framework, including the Moosehead Legacy conservation easement and the fee acquisitions of the Roaches tract and No. 5 Bog area. 􀂃 Issues concerning a “reasonable and publicly beneficial balance between appropriate development and long-term conservation of lake resources.” 􀂃 Issues concerning comparable conservation measures related to waivers of adjacency. 􀂃 Issues concerning the conservation of areas representative of the jurisdiction’s principal values and areas especially valued for their remote and relatively undeveloped condition. 􀂃 Issues concerning the proposed conservation easement holders’ consistency with the Commission’s Guidelines for the Selection of Easement Holders. 􀂃 Issues concerning the consistency of proposed conservation easements with the Commission’s model easement. 􀂃 Issues concerning monitoring and enforcement of conservation easements, and associated costs.
 REGULATORY/LEGAL CRITERIA AND CLUP REFERENCES The regulatory/legal criteria and CLUP references that may relate to these potential issues include, but are not necessarily limited to, the following: 􀂃 12 M.R.S.A. § 685-A (8-A) See also Section 10.08,A of the Commission’s Land Use Districts and Standards A. “The proposed land use district is consistent with the ...comprehensive land use plan and the purpose, intent and provisions of this chapter...” B. “The proposed land use district ... has no undue adverse impact on existing uses or resources...” 􀂃 Section 10.23,H (P-RP Subdistrict Criteria for Review) 6c. “The plan conforms with the Commission’s Comprehensive Land Use Plan” (see below) 6d. “The plan, taken as a whole, is at least as protective of the natural environment as the subdistricts which it replaces. In the case of concept plans, this means that any development gained through any waiver of the adjacency criteria is matched by comparable conservation measure[s]” 6e. “The plan ... includes in its purpose the protection of those resources in need of protection” 6f. “...the plan strikes a reasonable and publicly beneficial balance between appropriate development and long-term conservation of lake resources...”


 

6g. “In the case of concept plans, conservation measures apply in perpetuity, except where it is demonstrated by clear and convincing evidence that other alternative conservation measures fully provide for long-term protection or conservation.” 􀂃 Section 10.25,A (Review Standards for Structures Adjacent to Lakes) See also Section 10.08,B of the Commission’s Land Use Districts and Standards “...These standards must also be considered in applying the criteria for adoption or amendment of land use district boundaries, as provided in Section 10.08, to proposed changes in subdistrict boundaries adjacent to lakes.” 3. “Traditional Uses: The proposal will not have an undue adverse impact on traditional uses, including without limitation, non-intensive public recreation, sporting camp operations, timber harvesting, and agriculture” 4. “Regional diversity: The proposal will not substantially alter the diversity of lake-related uses afforded within the region in which the activity is proposed.” 5. “Natural character: Adequate provision has been made to maintain the natural character of shoreland.” 6. “Lake management goals: The proposal is consistent with the management intent of the affected lake’s classification.”  􀂃 Excerpts from the Commission’s Comprehensive Land Use Plan – Since its inception, the Commission has recognized the importance of guiding new development to appropriate locations as an effective means of protecting the jurisdiction’s principal values… The Commission has identified four principal values that define the jurisdiction’s distinctive character: The economic value of the jurisdiction for fiber and food production, particularly the tradition of a working forest … Diverse and abundant recreational opportunities, particularly for primitive pursuits … Diverse, abundant and unique high-value natural resources and features … Natural character values, which include the uniqueness of a vast forested area that is largely undeveloped and remote from population centers. (p. 114) – Broad Goals of the Commission: (p. 134) 4. Support and promote the management of all resources, based on the principles of sound planning and multiple use, to enhance the living and working conditions of the people of Maine, to ensure the separation of incompatible uses, and to ensure the continued availability of outstanding quality water, air, forest, wildlife and other natural resource values of the jurisdiction. 5. Conserve, protect and enhance the natural resources of the jurisdiction primarily for fiber and food production, nonintensive outdoor recreation and fisheries and wildlife habitat. 6. Maintain the natural character of certain areas within the jurisdiction having significant natural values and primitive recreation opportunities. – Policy pertaining to location of development on a jurisdiction-wide level: Encourage conservation of select areas of the jurisdiction that are particularly representative of the jurisdiction’s principal values and, overall, are especially valued for their remote and relatively undeveloped condition… Work cooperatively with landowners to encourage the designation of large tracks of land with these values for limited or no development. (p. 140)  􀂃
Commission’s Guidance Document, “Guidelines for Selection of Conservation Easement Holders” (November 10, 2004)

                    – Minimum legal requirements, public agencies, compatible goals and purposes, board accountability, conflict of interest, financial resources, monitoring, enforcement, back-up holder, transfers, compliance with laws.

 

TO: Catharine Carroll, LURC

FROM: Kevin Slater, Maine Wilderness Guides Organization                                                                                                                                                                                              July 19, 2007

 

Dear Catharine,

 

            I am writing to you on behalf of the Maine Wilderness Guides Organization to formally request an extension of the filing deadline (4 p.m., July 27th) for Detailed Issues Statements in the matter of Zoning Petition 707.  The primary reasons for this request are as follows:

 
  1. We are essentially being given two weeks from the time (July 13 Pre-Hearing Conference) Issues Statements were clarified as to the level of detail and specificity required.  Most of the board of MWGO are active guides this time of year doing weeklong trips with only several days off in-between.  Two weeks is not enough time to adequately prepare out statements given the reality of our schedules.
  2. There is a significant amount of important information that has been submitted by Plum Creek after the application was deemed complete by LURC.  For example, information submitted on July 16 regarding easements.  In addition, some information is not available on-line to date.  For example, the May 2007 Economic Impact Report by Colgan, Market Analysis by ERA, and Recreation Impacts Report by Daigle.
 

In order for a full and fair review of the additional and late information that has been submitted by Plum Creek we are respectfully requesting that the overall timetable be adjusted accordingly.  Specifically we would suggest a full four weeks be given from the July 13th Pre-conference Meeting to be given to Interveners to prepare our Issues Statements.

 

Thank you for your time and consideration of this request.    

                                                                             

                                                                                                                              Sincerely,
Kevin Slater
Co-President
MWGO

 

Last Updated ( Thursday, 13 December 2007 )
 

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