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36-331 140 Cardinal Way-enforcement order 5-6-2009Important: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 9 Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information This Enforcement Order is issued by: Northampton May 6, 2009 To: Conservation Commission (Issuing Authority) Date Kevin and Jennifer McDonald Name of Violator 140 Cardinal Way Address 1. Location of Violation: Property Owner (if different) 140 Cardinal Way Street Address Northampton City/Town 36 Assessors Map /Plat Number 01062 Zip Code 331 Parcel /Lot Number DEP File Number: N/A 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Disturbance (vegetation cutting, mowing and construction of an accessory building) beyond the permitted 75' No Disturb area and within the 100' buffer of Bordering Vegetated Wetlands and /or within Bordering Vegetated Wetlands 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 CMR 10.00), because: 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). wpaform9a.doc rev. 7/14/04 Page 1 of 4 wpaform9a.doc rev. 7/14/04 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 9 Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: Name Dated File Number Condition number(s) The Order of Conditions expired 'on,(date,),: Date DEP File Number: N/A 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 followjng(checkall that apply): The property owner, his agents, perrnittees ;'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 June 25, 2009 Date for the following: Removal of the accessory structure, placement of markers (3' diameter boulders) every ten feet along the entire 75' No Disturb area, and a native specie multistory buffer zone planting plan The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Form 9 Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: 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 Comrrii cannot be appealed to the Department of Environmental Protection, but may be filed iri'Superigi Court. Questions regarding this Enforcement Order should be directed to: Bruce Young Name (413) 587 -1263 Phone Number M -F 9:00 to 4:30 Hours /Days Available Issued by: Northampton Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc rev. 7/14/04 f DEP File Number: N/A Page 3of4. Massachusetts Department of Environmental Protection Bureau -of- Resource Protection Wetlands 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: 7006 a 0005'3 7767 Signature of delivery person or certified mail number DEP��FF,qiil__e Number: wpaform9a.doc rev. 7/14/04 Page 4 of 4