36-087 Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
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Signature of delivery person or certified mail number
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Massachusetts Department of Environmental Protection
' Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
C. Order (cont.)
❑ Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action (e.g., erosion/sedimentation controls)to
prevent further violations of the Act:
Submit final Stormwater Pollution Prevention Plan, Erosion and Sediment Control Plan and Wetland
Replication and Mitigation Plan to the Northampton Conservation Commission before 05/26/2005
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Bruce W. Young
Name
(413) 587-1263
Phone Number
M-F 8:30-4:30
Hours/Days Available
Issued by:
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Massachusetts Department of Environmental Protection
1 Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
® the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
Determination).
B. Findings (cont.)
® the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Northampton Associates L.L.C. 12/06/2002
Name Dated
Map 36 &43 Lot 87; and 5 6 and 7 1-34
File Number Condition number(s)
❑ The Order of Conditions expired on (date): Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
® Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
® A restoration plan shall be filed with the issuing authority on or before 05/26/2005 Date
for the following:
Downgradient wetland and trenched isolated wetland area
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Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Northampton 05/13/2005
computer, use Conservation Commission (Issuing Authority) Date
only the tab
key to move To:
your cursor- ie
do not use the Justin Dionne
return key. Name of Violator
2 Ledgewood Drive, Sunderland, MA 01375
Address
1. Location of Violation:
Justin Dionne
Property Owner(if different)
Dunphy Drive (White Oak Woods Subdivision)
Street Address
Northampton, MA 01060
City/Town Zip Code
36 and 43 87; and 5, 6 and 7
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
Silt fences, haybales and other erosion controls were not adequately istalled in order to stop
sediment movement to offsite locations/resource areas.
Stockpiles of material and disturbed soils were not stabilized, allowing a significant amount of
sediment from the disturbed area to be deposited into the down gradient wetland/stream near
Westhampton Road.
A drainage ditch was created from a potential on-site resource area to the neighboring
property/resource area.
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, §40) and its Regulations (310
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