Enforcement Case EC 0547

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Enforcement Case EC 05-47

• Respondent Mark Gilbert
• Location Rockwood Strip Twp T1 R1 NBKP,
• Somerset County

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Location MapRockwood Strip Twp. T1 R1
NBKPSomerset County
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Location Map
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Zoning Map and Property Information
Taxation Lots 23, 24, and 25 on Plan 08 and
Lots 43 and 44 on Plan 06 5.07 acres with
approx 500 feet of frontage on the Moose
River (D-RS) Residential Development
Subdistrict
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Background

• Pre-1971 A portion of the property was
  developed with a commercial marina including two
  boat storage buildings and a repair shop.
• 1985-1995 Development Permit DP 3962 and
  Amendment A issued to the previous owner for
  reconstruction of one storage building and minor
  repair activities.

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Background, Cont.

• 1996-1998 Property purchased by the respondent,
  along with two abutting parcels one developed
  with a single-family residence and one
  undeveloped. Amendment B to DP 3692 issued,
  authorizing reconstruction of the three existing
  marina buildings, improvements to the boat ramp,
  and construction of a new storage building.

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Background, Cont.

• 2000 Amendment C to DP 3692 issued, authorizing
  an expansion of marina capacity. Amendment C
  also authorized construction of an 8 ft. by 200
  ft. elevated wooden walkway on posts to provide
  access to the new boat slips.
• 2003 Amendment D to DP 3692 authorized a time
  extension to complete reconstruction of two of
  the storage buildings (previously authorized in
  Amendment B).

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Description of Activities and Violations

• Activity
• Construction of new boat storage building
  completed in 2000 left an approximately 40 ft. by
  150 ft area of unstable soils in the vicinity.
  Final stabilization was not completed until
  October of 2005.
• Violation
• Condition 3 of DP 3692Standards for Filling and
  Grading and Guidelines for Soil Stabilization.
• All graded areas shall be promptly stabilized to
  prevent erosion and sedimentation.
• Disturbed areas must be seeded between May 1
  Sept 15. Areas which cannot be seeded during
  that time period should be mulched to keep them
  stable until final stabilization possible.

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Site Diagram
Area of Disturbed Soil (50 by 150)
Boat Storage
Office/ Repair
Graded Area for Footpath (8 by 100). Set back
5 from River
150
Residence
MOOSE RIVER
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Photos
Photos taken November 2004 Area behind
storage building
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Photos
Photo taken August 2005. Problem had been
discussed with respondent twice since last photo
was taken
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Photos
Photo taken on October 19, 2005 Soils have
been sloped, seeded, and mulched
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Description of Activities and Violations, cont.

• Activity
• Cleared and graded an 8 foot by 100 foot area set
  back 5 feet from the river with the intention of
  creating a footpath, instead of the elevated
  wooden walkway on posts that was originally
  approved.
• Violation
• Condition 1 of DP 3692Permit is dependent upon
  and limited to the proposal as set forth in the
  application and supporting documents, except as
  modified by the Commission in granting this
  permitAny variation from the application or the
  conditions of approval undertaken without
  approval of the Commission constitutes a
  violation of LURC law.

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Photos
Photo from September 1999 showing the pathway
prior to grading activities
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Photos
Photo taken June 22, 2005
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Photos
Photo taken June 22, 2005 Silt fence not
installed properly
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Photos
Photo taken June 28, 2005 Disturbed areas had
been mulched and silt fence corrected. Area is
fully vegetated with grass today.
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Description of Activities and Violations, cont.

• Violation
• Both activities are also violations of 12
  M.R.S.A. Section 685-B,5
• Commission authorization pursuant to this section
  shall permit only the arrangement and
  construction set forth in the approval as issued,
  change in use, arrangement or construction shall
  be considered a violation of this chapter and
  punishable as provided in this chapter.

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Terms of Settlement

• Pay 2,200 civil penalty
• Plant 13 trees and 13 shrubs of native species
  within the footpath area. Respondent will be
  allowed to maintain a 3-foot wide trail through
  the tree plantings to allow access to the boat
  slips. Plantings must be maintained for at least
  5 years to re-establish the root mat before any
  application will be approved for an elevated
  walkway.
• Record the Settlement Agreement in the Registry
  of Deeds in case of sale, lease, or transfer of
  the property.

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Staff Recommendation

• Staff believe that this agreement is in keeping
  with your Compliance and Enforcement Response
  Policy and recommend ratification of the
  agreement.