I am very pleased to inform you that, at its October 9 meeting, the Board of Environmental Protection voted not to license the 11-acre septage dump proposed for a site close to Branch Pond. The decision was clear cut, with 7 members voting to deny the license and 1 member voting for its approval. The applicant now has 30 days to request an appeal of the decision, which can only be granted if new information relevant to the site is presented.

As you may know, the BPA was first successful in convincing the Ellsworth City Council to rescind their earlier approval of the site. This vote was also clear-cut (5 to 2) and was evoked after the Council heard information on (a) the potential danger to Branch Pond due to leaching of bacteria and viruses into the ground and surface water, (b) the problems that have developed at similar sites that have been licensed by the State, (c) the inability of the DEP to schedule regular inspections of the site, and (d) the difficulty one might have in operating the site without sufficient managerial or financial background. Un-fortunately, the Council's vote to rescind approval did not automatically kill the project and the State could have licensed it in spite of the City's opposition.

For this reason, the Branch Pond Association had to make a second presentation before the DEP, requesting that the license be denied. Our presentation in Augusta centered around the sensitivity of Branch Pond, given that it is the City's water supply. Pictures of the severe washouts that we normally experience in May, as well as a petition from citizens in the community, were circulated to the Board. Shawn Small reaffirmed his concern with regard to viral leaching. It is unclear which factors most influenced the Board's decision, but the case was definitely judged on its merits, rather than on the procedural issue of whether the City had the right to withdraw its approval. Our attorney has indicated that this decision makes the case very difficult to appeal, because new information has to be brought forward for an appeal hearing to be granted.

Basically, I think the application is dead.

Perhaps the most effective action we took in our attempt to block the septage application was to hire Shawn Small, an environmental engineer with the firm Civil Engineering Services. To those of us who dealt with the DEP, the Board of Environmental Protection, and even the Ellsworth City Council, it rapidly became clear that emotional appeals alone were going to be ineffective in swaying opinion on this issue. We had to have someone with skills in the development of septage sites to interpret and critique the wealth of highly technical information that was available.

To this end, the Branch Pond Association was well served by Shawn Small. He not only provided an essential evaluation of the weaknesses in the application, but also played an important role in telling us when our concerns or impressions were unjustified. In short, the BPA would never have won this issue without him. We owe him far more than his fee.

Several people have asked why the BPA changed attorneys in the middle of the septage fight. It was done on the basis of Joel Dearborn's recommendation. Joel, who has provided legal representation to the BPA for several years, served as our counsel when we were requesting the City to rescind its earlier approval of the site. For the presentation before the DEP, however, Joel suggested that we procure the best legal counsel available. Joel's expertise is in municipal law. Thus, he recommended that we hire Clifford Goodall (of the Augusta firm, Dyer, Goodall and Zeegers), whose background is in environmental law.

We followed Joel's advice in this matter, which proved to be a wise decision. Cliff Goodall has had extensive experience with the DEP and provided invaluable help in preparing our presentation. He clearly had the respect of the board and tried hard to block the application's consideration based on the procedural issue described above.

Thanks to Sludge Workers

Many people have given generously of their time in the -fight to block the septage site. You all owe these people sincere thanks for the work they did.

Kay Wilkins (Phillip’s Beach Road)
Chris Palmer (Phillip’s Beach Road)
Anne Hayes (Phillip's Beach Road)
Gordon Dunn (Phillip's Beach Road)
George Brickhead (Phillip's Beach Road)
Bea & Bill Wilkeson (Sargent Drive)
Paul Reynolds (Branchview Drive)
Dorothy & Paul Wight (Branchview Drive)
Phyllis Leeman (Branchview Drive)
Rusell & Dottie Thompson (Walls Farm Road)
Fred Murray (Walls Farm Road)
Ralph & Mary Ann Mastrorio (Walls Farm Road)
Dorothy Tinto (Ellsworth)
Marsha Scott (Ellsworth)
Irving Hodgkin (Ellsworth)
Joel White (Ellsworth)

Many others took time to write letters to the City Council or to John James, the DEP Project Manager. Almost everyone contacted signed the petition that was submitted to the DEP. All of these efforts helped convince the City Council and the DEP that there was widespread opposition to this project.

The first BPA regatta was held in August and was an unqualified success. Ellsworth Bourque (Walls Farm Road) coordinated the event and served as our first Commodore. Those entering included J. E. Woodall (Sargent Drive), Dick and Cleo Olson (Whitcomb Road), Dick and Dana Leeman (Branchview Drive), Murray and Judy Billington (Cove Road), Glen and Beverly Curtis (Cove Road), Anne and Don Hayes (Phillip's Beach Road), Diane, Paul, and Harvard Reynolds (Branchview Drive), Peter Cross (Walls Farm Road), Dick and Rachel Cook (Walls Farm Road), and Paul Reneault (Northeast Harbor).

Qualifying took place on Saturday, August 17, in winds slightly stronger than those associated with Hurricane Gloria. The race took place on August 18, when the Pond looked like Sleeping Beauty's mirror. First place went to the Reynolds team in their 20' Lightning, "Merlin." Second place was taken by the Curtis family in their 18" Grandslam. Most Valiant Effort went to the Cooks in a 14' Sea witch.

Bob and Fred Murray (Walls Farm Road) and Dick and Ginny Bourne (Phillip's Beach Road) served as buoy watchers. Mark and Ralph Mastrorio and Paul and Dorothy Wight manned safety boats. The Bourne's graciously provided liquid refreshment at an awards ceremony hosted by the Hayes’s.

It was the consensus of those participating that the regatta should be held again next year (if for no other reason than to see whether the Hayes’s can make the -first buoy). A volunteer to coordinate the event is needed. Anyone interested should contact Don Hayes, P.O. Box 68, Ellsworth. The Wight's have agreed to host next year's cocktail party and awards ceremony.

Several of us on the eastern side of the Pond have become tired of puncturing our tires while hauling garbage to the Ellsworth dump. Thus, last summer we arranged to have a private company provide weekly garbage pickup. The cost was $8 per month, with a three-month prepaid minimum required. We found the service to be efficient and reliable.

If families on roads other than 11-A are interested in this service next summer, then contact Vinal Taintor, 667-5216. The hauler is interested in expanding his service, but only if there are multiple families on each road who subscribe.

This summer has been the first in several years in which the water of Branch Pond has been monitored as part of the DEP's Lakes Monitoring Program. Water clarity is assessed by lowering a black and white Secchi Disk and recording the depth at which it disappears. Secchi disk readings provide a measure of algae growth, silt, and zooplankton in the lake.

Fortunately, Branch Pond compares quite favorably to other lakes in the state. The average Secchi Disk reading statewide is 5.1 meters. Our readings have ranged from 9.7 in September to 7.3 in late July. Lake Lucerne and Green Lake both have readings in the 5.0 to 6.0 range. Needless to say, we must do everything possible to maintain the excellent water quality we currently enjoy.

So far, the BPA has dealt with some rather serious issues (e.g., septage, road washouts). Several people have suggested that it is time that the BPA had some fun. To this end, the following things have been suggested as possible activities that the BPA could sponsor next summer:

(a) A wind surfing contest for the teenagers or young adults who reside on the lake. This could be held on the same day as the regatta, with awards given at the afternoon ceremony.

(b) A BPA hiking society composed of individuals interested in day trips on moderate trails in Acadia, the Camden Hills, or perhaps Baxter State Park. Maybe we could start off by climbing Bald Mountain, which affords an excellent view of Branch Lake and Lake Lucerne.

(c) A summer golf tournament that would take place during regatta week. This event could be held at Tidewater, or any regional golf course, and be open to both men and women.

One thing that has become clear is that the Branch Pond Association reflects a very stable summer colony of people from all over the country, many of whom share a number of common interests. If you would like to participate in any of the above activities, or would like to suggest other events that might be enjoyable to the Association, please contact a BPA officer and let us know what your interests are.