12C-103 enforcement orderImportant:
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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)
George and Robin Staples
Name of Violator
36 Rick Drive
Address
1. Location of Violation:
George and Robin Staples
Property Owner (if different),
36 Rick Drive
Street Address
Northampton
City /Town
12C
Assessors Map /Plat Number
B. Findings
w0 iev:7 /14104_
May 6, 2009
Date
01062
Zip Code
103
Parcel /Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Altering a resource area without a permit
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:
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).
page 1 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
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 Condition number(s)
The Order of Conditions expired on (date): 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
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 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.
-wpaform9a:doc- -rev: 7 /14104
A restoration plan shall be filed with the issuing authority on or before
for the following:
Native vegetation replacement
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
June 25, 2009
Date
DEP File Number:
P_age.2 oL4
w paform9a:doc• 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
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:
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.
DEP File Number:
.Page.3- o6.4
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
DEP File Number:
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.
Signatures:
Sig a u of delivery perso 4 mail number
wpaform9a.doc rev:MA/04 FE!_49_a_4 cf.!4
Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor
do not use the
return key.
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
A. Violation Information
This Enforcement Order is issued by:
Northampton
To:
Conservation Commission (Issuing Authority)
George and Robin Staples
Name of Violator
36 Rick Drive
Address
1. Location of Violation:.
George and Robin Staples
Property Owner (if different),
36 Rick Drive
Street Address
Northampton
City /Town
12C
Assessors Map /Plat Number
B. Findings
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Altering a resource area without a permit
May 6, 2009
Date
01062
Zip Code
103
Parcel /Lot Number
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:
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).
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 Condition number(s)
The Order of Conditions expired on (date.):
The activity violates provisions of the Certifioate; 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 M,G12.c;1
Other (specify): 1
C. Order
for the following:
Native vegetation replacement
Date
The issuing authority hereby orders the fo'lowing.(check all that apply):
The property owner, his agents pernittees and `all others shall immediately cease and desist
from any activity affecting the Buffer Zonev /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' t issuing authority on or before
June 25, 2009
Date
DEP File Number:
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 EnfOrcementOrder.'
Massachusetts Wetlands PrOtection'Act M.G.L c. 131, §40
C. Order (cont.)
Complete the attached Notice of Intent (N01). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
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
DEP File Number:
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 fbredah 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 iri''SiLi*lor'pbt_rt.
Questions regarding this Enforcement Order,should.bp 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 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
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.
Sig rtified mail number'
DEP File Number:
wpaform9a.doc rev. 7/14/04 Page 4 of 4