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