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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
A. Violation Information
This Enforcement Order is issued by:
Northampton
To:
Conservation Commission (Issuing Authority)
The College Church, Inc.
Name of Violator
58 Pomeroy Terrace
Address
1. Location of Violation:
Property Owner (if different)
58 Pomeroy Terrace
October 25, 2007
Date
Street Address
Northampton 01060
City /Town Zip Code
32A 226
Assessors Map /Plat Number Parcel /Lot Number
DEP File Number:
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Failure to maintain stormwater management system located in Bordering Land Subject to Flooding.
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 1 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
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
The Order of Conditions expired on (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
Date
Condition number(s)
DEP File Number:
Required maintenance of Stormwater management system located in Bordering Land Subject to
Flooding has not been completed causing erosion and sedimentation in the resource area and
outlet system.
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
January 31, 2008
Date
for the following:
Restoration of stormwater system to system as approved in the Certicate of Compliance #246 -456
issued by the Northampton Conservation Commission on 03/14/2007.
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
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
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:
DEP File Number:
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:
Line the affected area of the parking lot, around the catch basin and along the edge of the lot with
stone and clean the catch basin.
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 Young
Name
413- 587 -1263
Phone Number
M -F 9:30 -4:30
Hours /Days Available
Issued by:
Northampton
Conservation Commission
Conservation Commission signatures required on following page.
wpaform9a.doc rev. 7/14/04 Page 3 of 4
LI
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
D. Appeals /Signatures (cont.)
DEP File Number:
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.
Signature of delivery person or certified mail number
wpaform9a.doc rev. 7/14/04 Page 4 of 4
Northampton Conservation Commission
City of Northampton
212 Main St.
Northampton, MA 01060
Dear Sir(s),
CONSTRUCTION SERVICES
Westhampton, MA
413-250-7430
I am seeking permission to make emergency repairs to the parking lot at the rear of
College Church on Pomeroy Terrace. Because of some erosion in the drainage area
at the rear of the parking lot, the storm drain has failed. The resulting damage has
undermined the new parking lot. A small section of the lot has caved in and the
damage continues to grow.
We would propose adding approx. 4 yards of stone beneath effected area of the
parking lot, around the catch basin and along the edge of the lot. This should
alleviate the problem for the short term. College Church will re- examine the
situation in the spring, consult with the Conservation Commission, and make any
additional repairs recommended or required.
The work will be performed by a small group of volunteers from within the church.
Thank you,
Robert H. Dunn, Jr.