35_080B Burts Pit Rd- WPA form 9A- enforcement orderMassachusetts Department of Environmental Protection
i� Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
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
computer, use
Conservation Commission (Issuing Authority)
only the tab
key to move
To:
your cursor -
do not use the
Bill Willard, Inc.
return key.
Name of Violator
(Ryan Road)
r�
Address
1. Location of Violation:
e�
Bill Willard, Inc
Property Owner (if different)
Off Ryan Road (behind #908)
Street Address
Florence
City/Town
35
Assessors Map/Plat Number
2. Extent and Type of Activity:
This Order replaces the order issued,
Date
01062
Zip Code
80
Parcel/Lot Number
DEP File Number:
Provided by DEP
1 12, 2002
4 for the breach of active beaver dam on Parsons Brook.
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:
Name
File Number
Dated
Condition number(s)
WPA Form 9A Page 1 of 3
Rev. 02/00 '
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
® Other (specify):
The applicant met with the Commission on April 11, 2002 and indicated that no breaching of the
dam occurred by them. The applicant provided photos from April 10 showing the status of the
dam. It appeared that some beaver activity had replaced debris in the area of the breach since
the prior week and water was no longer flowing freely over the dam. Applicant agreed to reinstall
cage screening around pipe. Owner agreed to watch maintenance more closely and to only
remove debris in front of the Clemson leveler and not from on top of the dam.
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 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:
Fine is revoked for order dated April 4, 2002 so long as owner consults with expert on how to
reinstall cage structure around end of Clemson leveler. New protective screen shall be installed
by May 10. If owner is unable to reinstall screen by this date a written request for extension must
be received by May 10 stating the reasons for the extension. Owner shall only remove debris
from around end of Clemson leveler and not from the top of the beaver dam.
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.
WPA Form 9A Page 2 of 3
Rev. 02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Questions regarding this Enforcement Order should be directed to
Carolyn Misch, Senior Land Use Planner/Permits Manaqer
Name
587-1287
Phone Number
8:30 a.m. to 4:30 D.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:
Signature of delivery person or certified mail number
WPA Form 9A
Page 3 of 3
Rev. 02100
• 's
CITY OF NORTHAMPTON NOTICE OF VIOLATION
OF CITY ORDINANCE RULE OR REGULATION
DATE OF THIS NOTICE
N ME OF OFFEN ER
t
ADDRE OF OFTEN R .
CITY, STATE, ZIP CODE DATE OF BIRTH OF OFFENDER
MY 60 AATbWL C2NSE NUMBER" VEHICLE REGISTRATION NUMBER
OFFENSE:
TIME AND DATE OF VIOLATION _
(AM)(PM) it/ 73
LOCATION OF VIOLATION
AT
SIGNATU EQP'ENFOPC�1 Y F ON�11 - , fb CING DEPARTMENT
J
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
X
Unable to obtain signature of offender. Data Mailed
THE NONCRIMINAL FINE FOR THIS OFFENSE IS $
YOU HAVE THE FOLLOWING ALTERNATIVES IN THIS MATTER:
Either option (1) or option (2) will operate as a final disposition, with no resulting criminal record.
(t) You may choose to pay the above fine, either by appearing in person or
through a duly authorized agent or by mailing a check, money order or postal note
WITHIN 2t DAYS OF THE DATE OF THIS NOTICE to:
Northampton City Clerk
2tO Main Street
Northhamplon, MA 01060
(2) If you desire to contest this matter, you may do so by making a written
request for a noncriminal hearing, and enclosing a copy of this citation, WITHIN 2t
DAYS OF THE DATE OF THIS NOTICE to:
Clerk -Magistrate
Northampton District Court
15 Gothic Street
Northampton, MA 01060
Attn: 2tD Noncriminal Hearings.
(3) If you fail to pay the above fine or to request a hearing within 21 days, or if
you fail to appear for the hearing or to pay any fine determined at the hearing to be due,
a criminal complaint may be issued against you.
Ej i HEREBY ELECT THE FIRST OPTION above, confess the offense charged, and
enclose payment in the amount of $
❑ I HEREBY REQUEST A NONCRIMINAL HEARING on this matter.
Signature
SERVING OFFICER'S COPY
Massachusetts ,Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
1- 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
computer, use
Conservation Commission (Issuing Authority)
only the tab
key to move
To:
your cursor -
do not use the
Bill Willard, Inc.
return key.
Name of Violator
(Ryan Road)
Address
1. Location of Violation:
°m
Bill Willard, Inc
Property Owner (if different)
Off Ryan Road (behind #908)
Street Address
Florence 01062
City/Town Zip Code
35 80
DEP File Number:
4, 2002
Date
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Breach of active beaver dam on Parsons Brook. Breach took place sometime within the last month
to April 4, 2002
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:
Name
File Number
Dated
Condition number(s)
WPA Form 9A
Rev. 02100
Page 1 of 3
- 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
A. Violation Information
Important:
When filling out
This Enforcement Order is issued by:
forms on the
Northampton Conservation Commission
computer, use
Conservation Commission (Issuing Authority)
only the tab
key to move
To:
your cursor -
do not use the
Bill Willard, Inc.
return key.
Name of Violator
(Ryan Road)
r�
Address
1. Location of Violation:
e�
Bill Willard, Inc
Property Owner (if different)
Off Ryan Road (behind #908)
Street Address
Florence 01062
City/Town Zip Code
35 80
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Breach of active deaver dam on Parsons Brook. Breach took
to Aoril 4. 2002
DEP File Number:
1 4. 2002
Date
sometime within the last month
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:
Name
File Number
Dated
Condition number(s)
WPA Form 9A Page 1 of 3
Rev. 02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
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 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:
enclosed fine for 3 days of violation. Contact the Conservation Commission immediately and
no later than April 10,2002 to schedule a time to appear before the Commission. If no contact is
made prior to April 11, the Conservation Commission may continue issuing fines of up $100/day
from the date 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.
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.
WPA Form 9A
Rev. 02100 Page 2 of 3