Enforcement Case EC 0534

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Enforcement Case EC 05-34

• Respondent Moose River Docking Association
• 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 4.1 and 4.2 on Plan 06 0.6
acres with 295 feet of frontage on the Moose
River (D-RS) Residential Development
Subdistrict
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Background

• Pre-1971 Property was developed with a
  single-family residence, commercial retail store,
  commercial marina, and parking facilities (all
  non-conforming).
• January 2005 Development Permit DP 4706 was
  issued to the Moose River Docking Association
  authorizing conversion of property to a private,
  shareholder-owned marina.

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Development Permit DP 4706Authorized

• Removal of retail store and residence.
• Removal of pre-LURC cribwork boat slips and
  shoreline fill.
• Rip-rap along entire shoreline.
• Creation of 60 ft. by 190 ft. gravel parking area
  (approx. 1/3 of lot would be planted with grass
  and used for overflow parking only).
• Replacement of existing fuel tank and containment
  structure
• Installation of three floating finger docks to
  accommodate 36 boats, not to exceed one-third the
  width of the river.

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Description of Activities and Violations

• Activity
• Installed riprap along shoreline during a period
  of high water in May 2005.
• Violation
• Condition 11 of DP 4706Any excavation or
  construction related to the alteration of the
  shoreline must be done when the water level is
  lower than the work area.

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Photos
Photo taken May 5, 2005, within a week of when
the riprap was installed High water is evident
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Description of Activities and Violations, cont.

• Activity
• Installed three docks in summer 2005, length of
  docks were 88 ft., 90 ft., and 109 ft.
• Violation
• Condition 8 of DP 4706The authorized docking
  structures must not extend into the Moose River
  at a length greater than one-third the width of
  the river.

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Site Diagram of Docks
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Photos
Photo taken July 7, 2005, shortly after the
floating docks were placed in the river
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Photos
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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 2,000 civil penalty
• Comply with all terms and conditions of
  Development Permit DP 4706 and any subsequent
  amendments
• Note Docks had been removed from river as of
  October 2005 for winter storage. Operation of
  the marina has not yet started. The respondent
  must obtain a Certificate of Compliance (COC) for
  the property before operations may commence.

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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.