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Riverbank Road Enforcement Order.pdf July 27, 2021 John Citro PO Box 702 Goshen MA 01032 RE: Wetlands Enforcement Order, Riverbank Road Enclosed please find an enforcement order for vegetation clearing that has recently occurred on Riverbank Road. This work is in violation of the Northampton Wetlands Ordinance, the Wetlands Protection Act, and potentially the Massachusetts Endangered Species Act All work must cease immediately, and a restoration plan developed in accordance with the enclosed documents. Thank you for your prompt response to this matter. Sarah LaValley Electronic Cc: Massachusetts Department of Environmental Protection, Western Region Massachusetts Natural Heritage and Endangered Species Program wpaform9a.doc • rev. 7/14/04 Page 1 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 DEP File Number: N/A A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Northampton Conservation Commission (Issuing Authority) July 27, 2021 Date To: John Citro Name of Violator PO Box 702, Goshen MA 01032 Address 1. Location of Violation: Property Owner (if different) Riverbank Road Street Address Northampton City/Town 01060 Zip Code 25 Assessors Map/Plat Number 001, 002 Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Removal of vegetation within riverfront and bank to the Connecticut River. All vegetation cleared for approximately 200 linear feet, within inner riverfront area. See attached 7/27/2021 photos 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 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 DEP File Number: N/A 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 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 August 25, 2021 Date for the following: see attachment The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc • rev. 7/14/04 Page 3 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 DEP File Number: N/A 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: All vegetation removal and ground disturbance within resource areas shall cease immediately 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: Sarah LaValley Name 413-587-1263 Phone Number M-F 9:00-4:30 Hours/Days Available Issued by: Northampton Conservation Commission Conservation Commission signatures required on following page. On or before August 6, 2021, the Recipient shall nominate in writing an environmental consultant qualified to delineate resource areas protected under the Wetlands Protection Act and regulations, and to develop a riverfront restoration plan. On or before August 25, 2021, the Recipient shall submit a draft plan prepared by the consultant, detailing plantings and other work necessary to restore the riverfront area, including details on species, planting methodology, and work plan. The Plan shall be reviewed and approved by the Commission or its agent, and the Massachusetts Division of Fisheries and Wildlife prior to the start of work. The Recipient shall cause the replacement area to be fully constructed, planted, and stabilized per the Plan by September 30, 2021. If any documented unforeseen occurrence renders any deadlines contained herein impossible to achieve, The Recipient shall inform the Commission. The replacement area shall in any circumstance be fully constructed, planted, and stabilized no later than October 31 2021. The Recipient shall cause the environmental consultant to monitor the “restoration area” for a period of at least two (2) consecutive growing seasons beginning on the first full growing season after construction. July 27, 2021 Photographs