Updated: Monday, June 06, 2005 11:01 AM

Dear Fellow Members of Branch Pond Association,
We are sending those of you on line an e-mail with some brief contributions containing upcoming lake news along with events anticipated for this spring and summer. We will be mailing out a more complete newsletter to all members later on with more details and information along with a request for annual dues. As you know, there has been much work done by some generous and talented individuals serving on your lake board towards protecting the quality of water and overall environment of this wonderful area that we treasure so much. We need and welcome your feedback and involvement in all aspects of the BPA as well. Please share this email news with as many of your neighbors on the lake as possible who may not have access to a computer.

Thank you for your continued interest and support,
Your Council Persons
by Carl Winslow, President BPA

For the past several years, more than thirty-five diligent volunteers on Branch Lake have conducted a level #3 inspection of the lake to examine growth of aquatic plants. This entails the inspection of the entire shoreline of both Upper and Lower Branch (including the Millpond), which is an ambitious undertaking. In fact, we are one of only several lakes in Maine that inspects at this level.

There is both good news and bad news to report. The good news is that NO evidence of an invasive aquatic species was found in Branch as part of 2004’s inspection. With better manuals from the State’s VLMP (Volunteer Lake Monitoring Program), we have also learned a lot about the varieties of non-invasive plants growing in Branch Pond. This information should be helpful in charting changes in aquatic vegetation that may evolve over forthcoming years. A second bit of potentially good news is that the city of Ellsworth is hopefully going to staff the public boat launch at least part time on the lower lake with an inspector who will check boats for invasive plants. Finally, last summer’s inspection of the public launch sites for 90 lakes in Hancock County revealed no evidence of milfoil or other invasives.

The bad news is that a new and very serious type of aquatic invasive species has now been found in Maine: Eurasian Milfoil. This brings the total of invasives living in Maine to four: Variable Leaf Milfoil, Eurasian Milfoil, Hydrilla, and Curly Leaf Pond Weed. Eurasian Milfoil grows to a depth of 30 feet and can destroy a shoreline and negatively impact water quality. It was found growing in a quarry near Scarborough. We recognize that the threat to all lakes in Maine, including our own, truly exists.

The BPA plans to conduct its level #3 inspection program again this summer. We need volunteers to make this effort continue. Please contact either of us if you would like to become trained as a "Milfoil Ranger."

The first sailboat race will start at 2:30, Sunday, July 3rd, followed at 5:00 by a gathering of sailors and friends at the WIGHT camp for barbecued chicken wings. If you wish, you may bring finger foods. All BPA members interested in sailing are invited to attend.

Paul Wight, Commodore

I am happy to report that considerable progress has been made in implementing the LakeSmart Program on Branch Pond during the past year. As you may already know, LakeSmart is a DEP sponsored program designed to reduce non-point source pollution (usually carried by run-off) that could jeopardize water quality. The program offers free, on-site, visits by representatives of the DEP, who make suggestions of how non-point source pollution could be reduced/minimized on a property. The program also offers an Overall Award for those properties that represent environmentally sound shorefront development.

Within the past year, seventeen families living on Branch have requested a LakeSmart evaluation. Of those seventeen, eight have received the Overall Award (the highest award possible). Branch Lake has been commended on the DEP’s website for its involvement in this program, and is noted as "leading the State" in terms of Overall Award Winners. Listed below are the Branch Pond residences that have received the Overall Award:

Bill Chadeayne (Branchview North)

Paul & Vi Wight (Branchview North)

Brenda & Phil Hopkins (Sargeant Drive)

Dave & Joyce Hardy (Phillips Way)

Don & Anne Hayes (Phillips Way)

Jane & Terry Holland (Phillips Way)

Andy & Anne Britt (Phillips Way)

Kim & Dave Skaves (Phillips Way)

Many of those who have had the evaluation (even the Overall Award winners) are in the process of making changes on their properties in order to reduce the chance of pollution carried via run-off. The BPA has authorized the funding of five, $200, matching grants for members who want to make changes recommended by the LakeSmart evaluators. The first round of grant applications will be considered in May, with a second review scheduled for mid-summer funds permitting).

An important ordinance entitled "Public Water Supply Protection Ordinance" has been drafted by the City of Ellsworth with input from the Water Supply Commission and Planning Board. It has been drafted for consideration and adoption by the City Council in the very near future. There will be a public hearing, and all waterfront property owners on Branch Lake will be sent a registered letter summarizing the drafted ordinance.

The draft ordinance currently contains rules mandating boat inspections (prior to launching) for invasive aquatic plants. A sticker will be put on inspected boats as proof of inspection. Fees from inspections and stickers will only be used to administer the ordinance and to protect Branch Lake.

At present the ordinance contains rules on 1,000 lb. limits on vehicles on the ice and some ice shack restrictions. There is a ban on airplanes, houseboats and diesel-powered craft due to pollution potential. Starting in 2016 all marine engines must meet 2006 U.S. EPA air emission requirements. This is not all of the proposed rules, but these are among the new ones. After you have read the ordinance, contact our city planner, Michelle Gagnon, for more information or to comment on the proposed ordinance.

This Ordinance shall be known and cited as the "Public Water Supply Protection Ordinance" of the City of Ellsworth, Maine.

This ordinance is adopted pursuant to Title 22 M.R.S.A. §2642.

The purpose of this ordinance is to protect the water quality of Branch Lake, the Ellsworth drinking water supply and it sources, as well as the health, safety, and welfare of persons dependent upon such supplies. It is intended to protect the drinking water supply and its sources from, but not limited to, pollution and development; chemical contamination; increased recreational and boating pressures; and invasive aquatic plants. The provision of this ordinance pertaining to surface water use and water-related activities includes, without limitation, any activity in, on, or from the surface water or the frozen water of Branch Lake and its sources.

This ordinance shall take effect upon its enactment by the Ellsworth City Council. Enacted on the ___ day of _____, 2005.

This ordinance shall apply to all surface water use on Branch Lake or it sources, as delineated on the attached Public Water Supply Protection Area map. This area is considered to be essential to the protection of the existing water from the effect of possible contamination activities.

Whenever a provision of this ordinance is inconsistent with another provision of the ordinance or any other ordinance, regulation, or statute, the more restrictive provision shall control.

Should any section or provision of this ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this ordinance.

A. Initiation of Amendments

A proposal for an amendment to this ordinance may be initiated by one of the following:

1. Planning Board;

2. City Council;

3. City Manager;

4. Water Department Superintendent;

5. Ellsworth Water Supply Commission; or

6. An individual, through the petition process described in the Charter of the City of Ellsworth, Article IX, as amended on November 4, 1997.

B. Procedure of Amendments

1. The Planning Board shall hold a public hearing on the proposed amendment or repeal and within twenty (20) days after receipt of the said amendment or repeal by the City Clerk, shall fix the time and place of said hearing;

2. At least thirteen (13) days before the hearing, the City Clerk shall advertise the date, time, place, and purpose of the Planning Board hearing in a newspaper of general circulation in the City;

3. The Planning Board shall make its official report at the next meeting of the Ellsworth City Council, which is held at least ten (10) days after the public hearing; and

4. Before consideration of the proposed amendment or repeal by the Ellsworth City Council, it shall hold a public hearing. Said public hearing shall be published at least two (2) times in a newspaper having general circulation in the municipality, the date of the first publication must be at least seven (7) days before the hearing, and shall be posted in the municipal office at least fourteen (14) days before the public hearing.

Any duly designated Ellsworth Police Officer and the Water Department Superintendent or any of his designees are authorized and shall have the authority to enforce all provisions of this ordinance.

Only the Water Department Superintendent or his designees are authorized to waive the inspection of a resident boat.

Ellsworth Boat Inspectors are only authorized to deny or revoke a Branch Lake Boating Permit and/or an Ellsworth Boat Tag with cause to any boater.

Any person aggrieved by a decision of an Ellsworth Police Officer or the Water Superintendent or any of his designees may appeal said decision to the Ellsworth City Council within seven (7) days after said decision. The City Council may affirm, modify, or reverse the decision in accordance with the terms of this ordinance.

Any person violating the provisions shall be liable to a fine, payable to the City of Ellsworth, ranging from $20 to $1,000 for each offense.

All revenues generated from this ordinance, including assessed penalties, shall only be used to support the administration of this ordinance and related programs to protect Ellsworth’s public water supply, Branch Lake.

AEROPLANE: An airplane that can land on or take off from water or ice.

AMPHIBIOUS VESSEL: A vehicle that can be used over land and water.

AQUATIC PLANTS: Means all aquatic vegetation that may or may not extend or project above the water surface, whether alive or dead, including but not limited to lilies, pond weeds, and milfoil.

BOAT DOCK: Privately owned floating or fixed structure on or in Branch Lake.

BOAT INSPECTION: Consist in the inspection of boat, motor vehicle, trailer, marine engine, live well, bilge, bait bucket and all other related equipment to ensure that no aquatic invasive plants are introduced in Branch Lake and in its sources.

BOAT: Shall mean any boat capable of carrying one or more person on or over the surface of Branch Lake or its sources. It does not include air mattresses, inner tubes, and beach and water toys.

INVASIVE AQUATIC PLANTS: Any of the eleven (11) invasive aquatic plants named in the in Maine State Law (An Act to Prevent Infestation of Invasive Aquatic Plants and to Control Other Invasive Species): eurasian water milfoil; variable-leaf water milfoil; parrot feather; water chestnut, hyrdilla; fanwort; curly-leaved pondweed; European naiad; brazillian elodea; European frogbit; and yellow floating heart.

MARINE SPARK-IGNITION ENGINE: Shall mean all gasoline marine engines such as outboard and personal watercraft; sterndrive and inboard engines; and gasoline auxiliary engines.

MOORING: Mean any appliance used by a vessel for anchoring purposes and which appliance is not carried aboard such vessel when underway as regular equipment.

NORMAL HIGH-WATER LINE: The line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguished between predominantly aquatic and predominantly terrestrial land. In the case of wetlands adjacent to rivers and great ponds, the normal high-water line is the upland edge of the wetland.

NO WAKE SPEED: Means the operation of a boat at the slowest possible speed to maintain steerage.

RESIDENT BOAT: Shall mean boat(s) belonging to a household owning property or right-of-way abutting Branch Lake.

SUBSTANTIAL IMPROVEMENTS: Means any reconstruction, rehabilitation, addition, or other improvement of a boat dock or other structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed.

VESSEL: See definition of Boat

The Water Supply Protection Ordinance consists of two (2) zones which are described below and are shown on the official City of Ellsworth Water Supply Protection Area map.

A. Intake Zone

Specific restrictions and prohibitions in the Intake Zone include:

1. All water-related activities in this area are absolutely prohibited, at all times throughout the year including, but not limited to swimming, boating, water-skiing, sailing, canoeing, kayaking, fishing, ice fishing, diving, and the landing or taking off of aeroplanes.

2. There shall be signs and/or buoys in the lake at regular intervals delineating the zone, and indicating absolutely no trespassing and the penalties to be imposed.

B. Recreational Zone

Protection measures for the Recreation Zone are:

1. No Wake. It shall be unlawful to operate any boat at speeds faster than no wake speed within 200 feet of the shoreline.

2. Motor Vehicles. Motor vehicles having a gross vehicle weight (GVW) of more than 1,000 pounds are prohibited from driving on the frozen water (ice).

3. All Terrain Vehicles. ATVs are not allowed.

4. Dumping of Wastes. No person shall dump, cause to dump, or discard feces, ashes, food wastes, offal, or any waste or refuse.

5. Ice Shacks. Only ice shacks with solid, permanent floor are allowed.

6. Overnight stay. Overnight stays are prohibited.

7. Aeroplanes. No person shall cause or permit to be landed on or taken off any aeroplane.

8. Amphibious Vessels. Land/sea amphibious vessels are prohibited.

9. Marine Spark-Ignition Engines. By January 1, 2016, the City may only allow vessels with marine spark-ignition engines meeting the U.S. Environmental Protection Agency air emissions requirements on Branch Lake and its sources.

10. Marine Diesel Engines. All vessels with marine diesel engines are prohibited.

11. House Boats. No vessel fitted for use as a dwelling or residence or occupied as such shall be permitted.

12. Engine Repairs. Servicing or repair of engine is prohibited.

13. Moorings. All mooring gear must be free of aquatic plants before being placed in Branch Lake or its sources.

14. Bait Equipment. Bait fishing equipment must be free of aquatic plants before being placed in Branch Lake or its sources.

A. It shall be unlawful for any person to pollute, threaten, jeopardize or render impure, turbid or offensive the waters of Branch Lake or its sources.

B. No person shall put filth, sewage, ashes, animal or vegetable matter, wood chips, compost, construction debris, herbicide, wood shaving or any other substance or pollutant, whether solid or liquid in the waters of Branch Lake or its sources

A. Boat launches and other structures made out into and/over the waters of Branch Lake are prohibited with the exception of boat docks used for residential purposes.

B. Specifications and restrictions for boat docks and other structures used for residential purposes extending over or beyond the normal high-water line of Branch Lake and its sources, are as follows:

1. The structure shall be built no larger in dimension than necessary to carry on the activity and be consistent with existing conditions, use, and character of the area;

2. Habitable or enclosed structures are prohibited;

3. The use of metal drums of any type are prohibited;

4. The use of any flotation devices that will sink when punctured are prohibited;

5. The use of creosote or pressure treated wood or piling is prohibited;

6. The use of drums, barrels or containers of any type that have been previously used to store oil, petroleum products or hazardous materials of any type are prohibited;

7. Toilet facilities on boat docks are prohibited; and

8. Boat docks shall be free of invasive aquatic plant before being placed in Branch Lake or its sources.

C. A dock or other water-related structure that was in place before the effective date of, but does not meet the standards contained in, this ordinance may continue until substantial improvement takes place.

D. Structures made out into and/or over the waters of Branch Lake erected at the City-owned boat launch property by the City are allowed.

E. No structures made out into and/or over the waters of Branch Lake shall be used for building, constructing or repairing of any boat.

A. No person shall be extended the privilege of boating, including canoeing and kayaking, on the waters of Branch Lake or its sources unless an inspection of the boat is conducted by a City of Ellsworth designated and appointed Boat Inspector for the potential presence of any aquatic plants, unless otherwise specified.

B. If an aquatic plant fragment is discovered during a boat inspection, it shall be removed from the boat and disposed of as described on the Boat Inspection Form, and the boat re-inspected before it shall be permitted to enter Branch Lake or its sources.

C. If a suspicious aquatic plant is found, the specimen must be provided to the Ellsworth Water Department Superintendent.

D. Inspections are to be conducted at the City-owned Branch Lake Boat Launch off the Mill Dam Road. The City Manager may establish inspection substations in convenient locations and/or appoint agents for the issuance of boat permits.

E. Inspection may be waived only by the Ellsworth Water Department Superintendent or his designees for boats belonging to a household owning property or right-of way abutting Branch Lake herein referred to as "resident boat," of Branch Lake if all the following conditions are met:

1. The resident boat has never been used in any other water body since it was last hauled out of Branch Lake;

2. The resident boat has not been in any other water body within the last twelve (12) months;

3. The resident boat will not be used in any other water body during the period covered by the permit; and

4. Transporting the resident boat to one of the inspection station would result in an undue hardship to the owner.

F. Once a boat passes the inspection and is found clear of any aquatic plants, and an Ellsworth Boat Tag is affixed to the boat, the Ellsworth Boat Inspector may issue a Branch Lake Boating Permit.

G. An Ellsworth Boat Tag consists of a sticker applied to the left bow of the boat in plain view and easily recognizable. Should a Boat Tag become mutilated so that it cannot be read easily, it is to be removed, and a new Boat Tag will be issued for a fee of two dollar ($2.00). Boat tags are available at City Hall and at the City-owned Branch Lake Boat Launch for a fee of $2.00 per day. Season Pass Boat Tags are also available at a fee of $20.00 per boat, not to exceed a maximum of $30.00 if the family owns more than one boat. Season Pass Boat Tags are valid for a maximum period of twelve (12) months beginning November 1.

H. Season Pass Boat Tags are mandatory for all resident boats that are used on Branch Lake or its sources.

I. Launching of non-resident boats at private boat launches is prohibited unless it has a Boat Tag and it has been duly inspected.

J. Launching of jet propelled boats at the City–owned Branch Lake Boat Launch off the Mill Dam Road after hours is prohibited.

K. Launching of boats at the City–owned Branch Lake Boat Launch off the Mill Dam Road after hours is prohibited if in the last twelve (12) months the boat has been in a lake, pond, river, or stream where invasive aquatic species reside including, but not limited to, Lake Auburn, Parker Pond, Pleasant Pond, Sebago Lake, Messelonskee Lake, Balch Pond, Thompson Lake, Cushman Pond, Hogan Pond, Bryant Pond, Lake Arrowhead, Presumpcot River, Little Androscoggin River, Cobbossee Stream, Little Androscoggin River, Pickerel Pond, Shagg Pond, Little Sebago Lake and West Pond.

L. Launching of boats at the City–owned Branch Lake Boat Launch off the Mill Dam Road after hours will be allowed only under the following conditions:

1. The boat must have a valid Season Pass Tag;

2. The user of the boat to be launched has successfully completed the Ellsworth Boat Inspection Course.

3. The user of the boat to be launched has conducted a boat inspection consistent with the Ellsworth Boat Inspection Guidelines; and the user of the boat to be launched has completed and placed the Branch Lake Boating Permit Form in the drop-off box.