36-331 140 Cardinal Way-enforcement order 5-6-2009Important:
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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).
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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.
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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:
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