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12-001 rustlewood ridge wetlands enforcementImportant: When filling out This Enforcement Order is issued by: forms on the Northampton Conservation Commission 7 April 2003 computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Alan Sharpe return key. Name of Violator 30 North Pleasant Street, Amherst, MA 01002 VQ Address 1. Location of Violation: Property Owner (if different) Rustlewood Ridge /North Farms Road Street Address Florence, MA 01062 Cityrrown Zip Code 12 1 — subdivided lots 5 and 6 Assessors Map /Plat Number Parcel /Lot Number 2. Extent and Type of Activity: Unauthorized removal of 10 live trees, 4 damaged trees, and many saplings, cutting brush and clearing all vegetation up to the edge of a wetland. Heavy equipment left large (2' deep) ruts in the wet land buffer. Wetland, 50' buffer, 100' buffer and limit of work line were clearly marked in the field. B. Findings The Issuing Authority has determined that the activity described above 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 without a valid Order of Conditions. ® the activity has been /is being conducted in violation of the Order of Conditions issued to: Kevin Heafey September 26, 1997 Name Dated 246 -410 File Number W PA Form 9A Rev. 02/00 27, 28, 36, 42 Condition number(s) Page 1 of 3 ❑ 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 the further activity affecting the Buffer Zone and /or wetland resource areas on this property. ® Wetland buffer alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date 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 to prevent further violations of the Act: Pay $100.00 fine. Regrade disturbed area using the lightest construction equipment feasible. Remove live logs from the wetland buffer. Dead trees shall be left in the buffer and wetland area. Litter from the logging may remain. DO NOT remove stumps. Plant fourteen (14) trees, mainly wvvyt p � ' -I hemlocks and a few maples, minimum 2 % "caliper measured at breast height in area where & }AtroW 4 �, AIL trees were removed. The entire disturbed area must be seeded with a mixture of seeds that � d contains native shrubs. Type of seed used is at the discretion of wetland consultant based on soil conditions. Because of the clearing, significantly more sunlight will reach the forest floor and -4' `,_ 03 provide an opportunity for Rosa multiflora, an invasive species, to move into the disturbed wetland buffer. As mitigation, all multiflora rose in the wetland and 100' buffer on lots 5 and 6 shall be removed by hand - digging and disposed of properly off -site. Please notify this office upon removal of materials and completion of grading so an inspection may be made and upon completion of the planting for final inspection. This Enforcement Order will not be lifted until final approval from the Conservation Commission or their agent. If the work is not started by April 15, 2003 and completed as specified by June 15, 2003, the Conservation Commission may begin issuing fines of up to $100 for each day of the violation, beginning on the day of this notice. 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. W PA Forth 9A Page 2 of 3 Rev. 02/00 DEP File Number: 246 -410 Provided by DEP W PA Form 9A Rev. 02/00 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: Gloria McPherson, Conservation and Land Use Planner Name RR7 -1263 Phone Number 8:30 a.m. to 4:30 p.m. Mon -Fri Hours /Days Available Issued by: City of Northampton Conservation Commission Conservation Commission 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: - 1001 tc140 0005 1,331 glflZ Signature ofd livery person or certified mail number Page 3 of 3 uuauyr a awry eumonzeo agem or by nw" a diem, money onler or postal note WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to: Nor&mTo n City Clark 210 Main Street Norftwrpton, MA 01000 ( If You desire to contest "is matter. you may do so by maMng a written request for a noncriminal hearing, and endown; a copy of this cilabon. WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to: Clerk- Magisbats _ Northampton Dieaict Court 15 Gothk Street Nm&=V on, MA 01000 Attn: 21 D Ndredminal Hearings. (3) If you fail to pay the above One or to request a hearing vAtNn 21 days, or If you tad to appear for the hearing or to pay any One determined at the hearkg to be dire, a criminal complaint may be issued against you ❑ I HEREBY ELECT THE FIRST OPTION above, confess the o0erare d ged, and enclose payment in the amount of S ❑ I HEREBY REQUEST A NONCRIMINAL HEARING on Ode matter, Signature SERVING OFFICER'S COPY } A v CITY OF NORTHAMPTON OFFICE OF THE CITY CLERK NOTICE OF PAYMENT OF NON - CRIMINAL VIOLATION TO: CLERK/MAGISTRATE NORTHAMPTON DISTRICT COURT 15 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 Payment for the following non - criminal violations has been made to this office as follows: TICKET # ISSUED TO 02820 Alan Sharpe 30 N. Pleasant Street Amherst, MA DATE OF ISSUE FINE April 7, 2003 $100.00 (Wetland Violation) Please enter these violations as "PAID" in your records. Your cooperation is greatly appreciated. a Christine Skorupski City Clerk Date: April 11, 2003 IMG-0186.JPG Y. -7 • DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 246 -410 WPA Form 9A — Enforcement Order Provided by DEP 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 Conservation Commission 7 April 2003 computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor - do not use the Alan Sharpe return key. Name of Violator 30 North Pleasant Street, Amherst, MA 01002 r� Address 1. Location of Violation: Property Owner (if different) Rustlewood Ridge/North Farms Road Street Address Florence, MA 01062 City/ own Zip Code 12 1 — subdivided lots 5 and 6 Assessors Map /Plat Number Parcel /Lot Number 2. Extent and Type of Activity: Unauthorized removal of 10 live trees, 4 damaged trees, and many saplings, cutting brush and clearing all vegetation up to the edge of a wetland. Heavy equipment left large (2' deep) ruts in the wetlan buffer. Wetland 50' buffer 100' buffer and limit of work line were cle arly marked in the field. B. Findings The Issuing Authority has determined that the activity described above 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 without a valid Order of Conditions. ® the activity has been /is being conducted in violation of the Order of Conditions issued to: Kevin Heafey September 26 1 997 Name Dated 246 -410 27, 28, 36, 42 File Number Condition number(s) WPA Form 9A Rev. 02100 Page 1 of 3 — =w • DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 246 -410 WPA Form 9A — Enforcement Order Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) ❑ 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 the further activity affecting the Buffer Zone and /or wetland resource areas on this property. ® Wetland buffer alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date 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 to prevent further violations of the Act: Pay $100.00 fine. Regrade disturbed area using the lightest construction equipment feasible. Remove live logs from the wetland buffer. Dead trees shall be left in the buffer and wetland area. Litter from the logging may remain. DO NOT remove stumps. Plant fourteen (14) trees, mainly hemlocks and a few maples, minimum 2 % " caliper measured at breast height in area where V\U,yWt k-D' 001E trees were removed. The entire disturbed area must be seeded with a mixture of seeds that yy ) contains native shrubs. Type of seed used is at the discretion of wetland consultant based on soil �l conditions. Because of the clearing, significantly more sunlight will reach the forest floor and fy—A4 provide an opportunity for Rosa multiflora, an invasive species, to move into the disturbed wetland buffer. As mitigation, all multiflora rose in the wetland and 100' buffer on lots 5 and 6 shall be removed by hand - digging and disposed of properly off -site. Please notify this office upon removal of materials and completion of grading so an inspection may be made and upon completion of the planting for final inspection. This Enforcement Order will not be lifted until final approval from the Conservation Commission or their agent. If the work is not started by April 15, 2003 and completed as specified by June 15, 2003, the Conservation Commission may begin issuing fines of up to $100 for each day of the violation beginning on the day of this no tice. 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. Page 2 of 3 WPA Form 9A Rev. 02/00 �A WPA Form 9A Rev. 02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 246 -410 Provided by DEP 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: Gloria McPherson, Conservation and Land Use Planner Name 587 -1263 Phone Number 8:30 a.m. to 4:30 p.m. Mon -Fri Hours /Days Available Issued by: City of Northampton Conservation Commission Conservation Commission 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: Iti'lC 100 t t g 4 0 0 1331 42 Signature of delivery pe person o or certified mail number Page 3 of 3 0 CITY OF NORTHAMPTON OFFICE OF THE CITY CLERK NOTICE OF PAYMENT OF NON - CRIMINAL VIOLATION TO: CLERK/MAGISTRATE NORTHAMPTON DISTRICT COURT 15 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 Payment for the following non - criminal violations has been made to this office as follows: TICKET # ISSUED TO 02820 Alan Sharpe 30 N. Pleasant Street Amherst, MA DATE OF ISSUE FINE April 7, 2003 $100.00 (Wetland Violation) Please enter these violations as "PAID" in your records. Your cooperation is greatly appreciated. 9 4 �� - - 10 Christine Skorupski City Clerk Date : April 11, 2003