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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 April 1, 2009
Conservation Commission (Issuing Authority) Date
To:
Mathias Duda
Name of Violator
157 Pisgah Road Huntington, MA 01050
Address
1. Location of Violation:
Mathias Duda
Property Owner (if different)
384 Old Springfield Road
Street Address
Northampton
City/Town
45 044
Assessors Map /Plat Number
B. Findings
01060
Zip Code
.Parcel /Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Filling of the Connecticut River and river bank without a permit. Area is located within Natural
Heritage and Endangered Species Program Priority Habitat.
DEP File Number:
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:
El 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
:Determ 'nation).
wpaform9a.doc •rev. 7714704 Page of 4
wpaform9a:doc /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 (Le., 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):
C. Order
for the following:
Date
Date
DEP File Number:
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):
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
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
Page 2 of
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). The NOI shall be filed with the Issuing Authority on
or before:
May 01, 2009
Date
for the following:
Removal of fill from the Connecticut River and restoration of the river bank in accordance with the
Massachusetts Wetlands Protection Act, Army Corps of Engineers regulations and permit
requirements, and the Natural Heritage and Endangered Species Program requirements for work in
Priority Habitat of Endangered, Threatened or Special Concern species.
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 Young
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 /14/04 Page 3 of
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
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.
lob al 44 o005 2v/2 5383
person or certified mail number
DEP File Number:
MassWi/d/ife
April 9, 2009
Dear Mr. and Mrs. Steiner,
Commonwealth of Massachusetts
Division of
Fisheries tit /Wildlife
Notice of Non Compliance with the Massachusetts :Endangered Species, Act
Mathias Duda
157 Pisgah Road
Huntingon, MA 01050
Project Location: 384 Old Springfield Road, Northampton
NHESP Tracking No.: 08 -25159
MA DEP Wetland File No.: 246 -0620
The Natural Heritage and Endangered Species Program of the MA Division of Fisheries Wildlife (the
"NHESP received a copy of the Enforcement Order issued by the Northampton Conservation Commission
dated April 1, 2009. The Order finds that filling in the form of stones, construction debris and soil has
occurred on banks of the Connecticut River without a Permit. This work was conducted in direct violation of
the MA Endangered Species Act (MESA) (M.G.L. c. 131A) and its implementing regulations (321 CMR 10.00).
In July 2008,. a Notice of Intent and MESA Checklist were filed for the proposed stabilization of the bank
along the Property. Those filings were withdrawn on August 26, 2008. Misty -Anne Marold (NHESP) had
several conversations with Michael Liu, project representative, regarding options to move this project toward
permitting. Most recently, on December 10, 2008, Liu and Marold discussed your request to save a Silver
Maple located on the property. We discussed several items that would be required, including engaging both
a botanist and mussel biologist to conduct a habitat assessment, as part of our review of work at this site. Our
records show no evidence of these assessments being submitted to our office or of any further contact by the
project representative or yourself with our office. Work conducted at this site occurred in violation of the
Massachusetts Endangered Species Act and its implementing regulations (321 CMR 10.00). Please note that
violations of the MESA are subject to civil and criminal penalties as specified in 321 CMR 10.06.
Any on -going work must cease immediately, and a complete MESA filing must be submitted to the NHESP.
This "after the fact filing" must include a description of all work and land alteration that has occurred to date
as well as a restoration plan to remove all fill from the area. Consistent with the requirements of the
Northampton Conservation Commission, these materials must be received by the NHESP by May 1, 2009.
Division of Fisheries and Wildlife
Field Headquarters, North Drive, Westborough, MA 01581 (508) 792 -7270 Fax (508) 792 -7275
An Agency of the Department of Fish Wildlife
Wayne F. MacCallum, Director
tivww.lnasswildlife. org
Northampton, 08- 25159, Page 2 of 2
Should work fail to cease immediately or if the materials are not received in a timely manner, we will have no
alternative but to refer this matter to the Office of the Attorney General for possible enforcement action.
Please be in contact with Misty -Anne R. Marold (508) 389 -6356 misty- anne.marold@state.ma.us).
Sincerely,
74.
Thomas W. French, Ph.D.
Assistant Director
cc: Northampton Conservation Commission
DEP Western Regional Office, Wetlands Program
Michael Liu, The Berkshire Design Group