Enforcement Case EC 0552

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Enforcement Case EC 05-52

• Respondents John and Joanne Rutherford
• Site Location First Roach Pond, Frenchtown
  Township, Piscataquis County

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Region-Greenville
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Site Location- First Roach Pond, Frenchtown
Twp., Piscataquis County
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Background Information

• September 2004 BP 12635 granted permit approval
  
• To construct a seasonal camp with attached deck
  and porch on a full foundation and a detached
  garage.
• All proposed structures are to be set back more
  than 100 feet from the normal high water mark of
  First Roach Pond and 15 feet from side property
  lines.
• The seasonal camp would be served by an existing
  12 wide by 100 foot long driveway and a proposed
  combined sewage disposal system.

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Description of Activities and Violations

• In August of 2005, Commission staff inspected the
  Rutherfords lot and observed that construction
  had been initiated on the permanent foundation
  without first installing sedimentation control
  devices between the construction site and First
  Roach Pond. It was also observed that a drainage
  ditch had been constructed between the foundation
  hole and First Roach Pond for the installation of
  a foundation perimeter drain. The area affected
  by the ditching activity was approximately 11
  feet wide and 88 feet long and terminated about
  12 feet from the shoreline of First Roach Pond.
• At the time of the inspection, the foundation
  hole and ditch were inundated with water (as a
  result of a recent heavy rain event) and it was
  evident that a significant amount soil sediments
  had entered First Roach Pond, since a silt plume
  approximately 25 feet wide by 200 feet long was
  visible in the pond.
• NOTE Given the magnitude of the rain event
  (reports of 4 inches) it is likely the silt plume
  in First Roach Pond would have still occurred (to
  a lesser degree perhaps) even if the erosion
  control measures had been installed. However, if
  the contractor had taken measures to prevent
  surface water from flowing from the upslope area
  into and across the job site, the problem may
  have been avoided or certainly minimized.

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Building Site Photo

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Ditch Terminus
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Silt Plume in First Roach Pond
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Remedial Measures

• The Rutherfords have
• Installed a perimeter drain system around the
  foundation
• Filled in the ditch and stabilized all exposed
  soils.
• Reestablished a vegetative buffer of trees and
  shrubs within the affected area.

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Settlement Conditions

• The Rutherfords have agreed to pay a civil
  penalty of 2,500 and
• Abide by the terms and conditions of the
  settlement

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Conclusion

• Staff believe this agreement is fair and
  consistent with the Commissions Compliance and
  Enforcement Policy and request that you ratify
  the agreement.