22B-017 Enforcement Order 70 Meadow StMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 9 -Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
tab
rehun
A. Violation Information
This Enforcement Order is issued by:
Northampton
Conservation Commission (Issuing Authority)
To:
Richard Carlson
Name of Violator
70 Meadow Street
Address
1. Location of Violation:
Richard Carlson
Property Owner (if different)
70 Meadow Street
Street Address
Florence
City/Town
22B
Assessors Map/Plat Number
01062
Zip Code
017
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Filling within the 200' Riverfront Area without a valid permit
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).
06/16/2005
DEP File Number:
Date
wpaform9a.doc • rev. 7114/04 Page 1 of 4
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
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 Date
for the following:
The restoration shall be. completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc • rev. 7114/04 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:
C. Order (cont.)
® Complete the attached Notice of Intent (NOI).
or before:
06/23/2005
Date
for the following:
Filling of Riverfront Area at 70 Meadow Street
The NOI shall be filed with the Issuing Authority on
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 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. Youn
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.
wpaform9a.doc • rev 7/14104 Page 3 of 4
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
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.
Sig
wpaform9a.doc • rev. 7/14/04 Page 4 of 4
Massachusetts Department of Environmental Protection DEP File Number:
~ - Bureau of Resource Protection -Wetlands
WPA Form 9 -Enforcement Order 246-524
~ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important: This Enforcement Order is issued by:
When filling out
forms on the
Northampton
06/15/2005
computer, use Conservation Commission (Issuing Authority) Date
only the tab
key to move To:
your cursor -
do not use the
Cello Partnershi dba Verizon Wireless
return key. Name of Violator
99 East River Drive, East Hartford, CT 06108
r~ Address
1. Location of Violation:
'~'~' Pine Street Enter rises
Property Owner (if different)
221 Pine Street
Street Address
01062
Florence Zip Code
City/Town 40
22B
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unauthorized excavation in the 200' Riverfront Area
Stockpiling large quantities of fill in the 200' Riverfront Area of the Mill River. Subsequently, fill and
associated debris have washed into the river
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).
Page 1 of 4
wpaform9a doc • rev. 7/14104
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.)
DEP File Number:
~aa_~~4
® 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:
Cello Partnership dba Verizon Wireless
Name
~4F-524
File Number
^ The Order of Conditions expired on (date):
05/20/2005
Dated
Condition number(s)
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. n5/23/2005
® A restoration plan shall be filed with the issuing authority on or before
Date
for the following:
Removal of soil and debris from the Mill River and 200' Riverfront area and stabilization of the river
The restoration shall be completed in accordance with the conditions and timetable established by
issuing authority.
Page 2 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
C. Order (cont.)
^ Complete the attached Notice of Intent (NOI)
or before:
Date
for the following:
DEP File Number:
246-524
The NOI shall be filed with the Issuing Authority on
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, S not1Onore tranltdwenty f veethousand dollarspo~ byI mprisonment Ifor not
shall be punished by a fine o shall be sub~ect to a civil penalty not
more than two years, or both, such fine and imprisonment; or (b) 1
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
p. 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 9:00-4:30
Hours/Days Available
Issued by:
Land Use and Conservation Planner
Northampton
Conservation Commission
Conservation Commission signatures required on following page.
Page 3 of 4
wpaform9a doc • rev 7/14104
Massachusetts Department of Environmental Protection DEP File Number:
-- Bureau of Resource Protection -Wetlands
WPA Form 9 -Enforcement Order 246-524
1
~ 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.
Sig
Signature o delivery perso c ified mail number
wpaform9a.doc • rev 7/14/04 Page 4 of 4