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STATE OF MAINE
OXFORD,SS. 		SUPERIOR COURT
CIVIL ACTION
DOCKET NO. CV-97-55 
Inhabitants Of The TOWN OF CANTON, )
                                   )
               Plaintiff           )
                                   )
       v.                          )     CONSENT ORDER
                                   )
 RAYMOND FORTIER,                  )
                                   )
          Defendant                )


By verified Complaint for Injunctive Relief dated June 30, 1997, the Inhabitants of the Town of Canton (hereinafter "Canton") comenced this action against Raymond Fortier (hereinafter "Fortier"). The action is a code enforcement action, and Canton alleged violations of the Shoreland Zoning Ordinance for the municipality of Canton consisting of building a masonry struture within 25 feet of the high water mark of Canton lake; locating a trailer within 25 feet of the high water mark of Canton Lake; and cutting vegetation along the banks of Canton Lake. Canton received a Temporary Restraining Order on June 30, 1997, and an expanded Temporary Restraining Order by agreement February 23, 1998. Fortier contests some of the Town's allegations, but the parties are desirous of resolving the matter without further litigation.

Since the date of the complaint, June 30, 1997, Fortier has engaged in no further construction on the masonry structure. In addition, in relation to the trailer, Fortier has applied for and received a permit to relocate the trailer out of the 25 foot buffer strip, and the relocation has been accomplished. The parties have presented this Consent Order to the court to complete the balance of this lawsuit.

Fortier has plans to implement those items enumerated in a report by MBP consulting, Portland, Maine to the Maine Emergency Management Agency, dated August, 1997, which is incorporated herein by reference. Relevant to the Shoreland Zoning ordinance for the municipality of Canton, the report recommends that Fortier obtain the services of a registered professional engineer, and implement the following corrective measures to the dam, which will hereinafter be referred to as the "Project":
  1. Rehabilitate the gated spillway including the areas of deteriorated concrete and corroded steel guides in the gate slots.

  2. Rehabilitate the abandoned power intake including the areas of the deteriorated concrete in the penstock walls.

  3. Rehabilitate the approach channel including the placement of rip rap on the slopes of the east and west earthen dikes.

  4. Repair a void in the downstream stone wall of the west dike and deteriorated concrete in the retaining and training walls of the approach channel, spillway apron, and downstream channel.

  5. Cut and remove trees, brush and tall grass from the approach channel slopes and at the area of the abandoned tail race.
The parties represent to the Court that the following points have been agreed to, for inclusion in this Consent Order:

  1. The case can be dismissed without prejudice and without costs to either party.

  2. Fortier will obtain a registered professional engineer to prepare and approve, or review and approve work of others, for each aspect of the Project.

  3. Fortier will apply for and obtain any required federal, state or local permit before commencing any portions of the Project requiring permits.

  4. Fortier will comply with any administrative orders related to the dam, the existing one being the Lake Anasagunticook (Canton) Lake Water Level Management Plan, dated August 30, 1996

  5. Canton agrees to review any applications for local permits in good faith within the parameters of its ordinances.

  6. Canton withdraws its claims for civil penalities or attorney fees, but does not waive them should this Order be violated.

  7. Canton agrees that after completion of the Project, the Project does not require additional permits for ongoing maintenance. The parties agree however that new items such as the installation of a turbine requre certain federal, state or local permits.
WHEREFORE, the entry shall be:

  1. The case can be dismissed without prejudice and without costs to either party.

  2. Fortier will obtain a registered professional engineer to prepare and approve, or review and approve work of others, for each aspect of the Project.

  3. Fortier will apply for and obtain any required federal, state or local permits before commencing any portions of the Project requiring permits.

  4. Fortier will comply with any administrative orders related to the dam, the existing one being the Lake Anasagunticook (Canton) Lake Water Level Management Plan, dated August 30, 1996

  5. Canton agrees to review any applications for local permits in good faith within the parameters of its ordinances.

  6. Canton withdraws its claims for civil penalties or attorney fees, but does not waive them should this Order be violated.

  7. Canton agrees that after completion of the Project, the Project does not require additional permits for ongoing maintenance. The parties agree however that new items such as the installation of a turbine require certain federal, state or local permits.
Dated June 29, 1998
Roland Cole, Justice /s/