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Stop Order - Chesterfield Rd.Massachusetts 8/12/2010 John Sarafin 1051 Chesterfield Road Northampton, MA 01060 Certified Mail Return Receipt Requested No.: Nathan & Kyle Clark Box 108 Heath, MA 01346 Certified Mail Return Receipt Requested No.:. Dan Lashway Lumber Route 9 Goshen, MA, 01032 Certified Mail Return Receipt Requested No.: Re: Property Located at the corner of Chesterfield and Montague Roads, In the Towns of Northampton and Westhampton, Hampshire County, MA Dear Mr. and Mrs. John Sarafin: Pursuant to Section 43 of Chapter 132 of the Massachusetts General Laws ( "M.G.L.) and the Code of ,Massachusetts Regulations ( "CMR "), Chapter 11.00 of Title 304, the Department of Conservation and _Recreation _.(the "-Department ") hereby ORDERS YOU TO CEASE AND DESIST IMMEDIATELY FROM ALL FOREST.-CUTTING AND RELATED OPERATIONS ON THE ABOVE- REFERENCED PROPERTY. Without limiting its terms, this Stop Order is applicable to you, individually, your business organizations, employees, agents, contractors and any other persons conducting activities on the Property. On August 5 2010 Service Forester Sean Libbey was made aware that a timber harvest was taking place on property belonging to you. On August 9 2010 Sean Libbey performed a field visit and spoke with loggers Nathan and Kyle Clark regarding the timber harvest. A verbal stop order was issued at this time because the Forest Cutting Plan (File # 214 - 3722 -8) expired on 5/28/2010. This Stop Order is issued specifically for the following reasons: • The Forest Cutting Plan covering the timber harvesting activities, stream crossings, and NHESP requirements has expired. The conditions for removal of this Stop Order by the Department include, but are not limited to, the following: • Approval of a new Forest Cutting Plan. COMMONWEALTH OF,MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS — --- DepAY,tmerit 40 Cold. Storage Drive, of- ConservaE PO Box 484 ion a -nd Recreafon , Deval L. Patrick Ian A. Bowles, Secretary j *. Amherst, MA 01004 Governor Executive Office of Environmental Affairs � 413- 545 -5993 413 - 545 -5995 Fax fi b,; Timothy P. Murray Richard K. Sullivan, 3r., Commissioner www.mass.gov /dcr Lt. Governor Department of Conservation & Recreation This Stop Order is effective immediately. Any person aggrieved by this Stop Order may request an administrative hearing before the Department within 21 days of the date of this Stop Order in accordance with Chapter 30A of the General Laws and 801 CMR 1.00. If any appeal is requested, this Stop Order shall remain in full force and effect during that time, until the appeal is resolved and a Final Decision is issued by the Department. Please contact Service Forester Sean Libbey at (413) 545 -4539 with any questions. Sincerely, J fer Fish ctor, Service Forestry Program (413) 545 -5743 cc: Jack Murray, Deputy Commissioner, DCR; Priscilla E. Geigis, Director, DCR; Thomas LaRosa, Chief Counsel, DCR; Sean Libbey Service Forester, DCR; Town of Northampton Conservation Commission; Town of Westhampton Conservation Commission 2