Enforcement Case EC 97033

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Enforcement Case EC 97-033
Respondent Michael Rachel Ouellette
Site Location T17 R3 WELS Long Lake
Aroostook County
Slide 1
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Location Map (EC 97-033)
Slide 2
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Background Information

• October 1995 The Ouellettes received AR 95-209
  advising them that some proposed additions and a
  side deck to their pre-Commission camp would not
  require a permit if undertaken as proposed.
• 1997 The Ouellettes replaced the existing
  seasonal camp with a 30 foot by 36 permanent home
  with a lakeside deck, without a permit from the
  Commission.
• - The home is on a full perimeter cement block
  foundation with footing. The home and deck
  are 26 feet from the NHWM of the lake, 26 feet
  from the rear lot line.
• - The home 30 feet tall. There is no screening
  vegetation between it and the lake.

Slide 3
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Background, continued

• - Exceeded the Commissions clearing standards
  within 100 feet of the lake with a
  3,900 sq. ft. canopy opening.
• - Filled and graded areas totaling 8,200 sq. ft.
  beginning 52 feet from the lake extending
  97 ft. inland.
• - Placed riprap 75 feet along the shoreline for
  a distance of 75 feet, some of which is below
  the NHWM.
• 1997 They constructed a new shed without
  approval. The shed complies with the
  Commissions setback requirements but is not
  located on the Ouellettes leased lot.
• 2003 Moved the unapproved shed onto their lot
  making it nonconforming to both the waterbody and
  the rear lot line.

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Summary of Violations

• 12 M.R.S.A. 685-B,1,A construction without a
  permit from the Commission
• Section 685-B,1,A an existing nonconforming
  structure may be reconstructed with a permit
  within 2 years of the date of removal.
• Section 10.14,D,3,b(9) Shoreland alteration
  without a permit.
• Section 10.17,A,2,a(3) Cleared openings greater
  than 250 sq.ft. in the 100 foot buffer strip.
• Section 10.17,A,2,c Enlargement of cleared
  openings without a permit.

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Summary of Violations, continued

• Section 10.17,B,1,d(1)(b) Structures are closer
  than 100 feet from Long Lake.
• Section 10.17,A,6,1 Filled and graded more than
  5,000 sq.ft. within 250 of Long Lake.
• Section 10.17,A,6,6 Failure to promptly
  stabilize filled or graded areas.

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Settlement Conditions

• Pay a civil penalty of 1,000. (The penalty
  amount has been reduced below what would normally
  be assessed based on the current financial
  circumstances of the Ouellettes).
• By 9/30/04, replant trees in the cleared areas
  and stabilized filled or graded areas according
  to the Commissions requirements.
• By 10/15/04, remove and dispose of the lakeside
  deck.
• By 7/30/05, remove rocks deposited along the
  shoreline including material deposited below the
  NHWM.
• By 8/15/2005, provide documentation that remedial
  work is completed.
• Existing structures may remain as constructed and
  be maintained but changes are prohibited.
• The property may not be transferred until the
  structures have been brought into compliance.
• Upon failure to comply with any of the terms and
  conditions of the settlement, the structures must
  be brought into compliance or or removed from the
  site.
• The agreement is binding upon the Ouellettes or
  successors.

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End
Staff believe that this agreement is in keeping
with your Compliance and Enforcement response
Policy and request that you ratify the agreement.
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Site Diagram, Ouellette
Shed moved here in 2003
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Photo 7/9/03
New shed
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Photo 6/17/97
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Photo 7/29/98
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Photo 9/10/99