115 Bridge Street Conservation Order 2005Massachusetts 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
DEP File Number:
Important: When filling out This Enforcement Order is issued by:
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To:
Northampton
Conservation Commission (Issuing Authority)
Tom Horton
05/16/2005
Date
-----------·--------------·------~----------
Name of Violator
._11_5_B_ri_dg=e_S_tr_e_e~t,_N_o_r_th_a_m~p_to_n~,_M_A_0_1_0_6_0 _____ ~-·--~---~-----~--_
Address
1. Location of Violation:
Tom Horton
Property Owner (if different)
115 Bridge Street
Street Address
_N_o_rt_h_a_m~p_to_n_,_M_A _____________ ~·~--~
City/Town
32A
Assessors Map/Plat Number
01060
Zip Code
241
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Replacement of lead contaminated soil with stone and fill in Bordering Land Subject to Flooding
without a permit and altering a wetland area without a permit. ----·~-----·---~-
8. 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).
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Massachusetts Depanmem. of Em,ironmontal Protection
Bureau of Resource Protection -Wetlands
DEP File Number:
WPA Form 9 -Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
8. Findings (cont.)
D 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)
D The Order of Conditions expired on (date): Date
D The activity violates provisions of the Certificate of Compliance.
D 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.
D Other (specify):
-------------~----------------------
-----------------------------------
C. Order
wpaform9a doc • rev 7114104
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.
D A restoration plan shall be filed with the issuing authority on or before
for the following:
Date
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 9 -Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Order (cont.)
[gJ Complete the attached Notice of Intent (NOi). The NOi shall be filed with the Issuing Authority on
or before:
05/26/2005 ----Date
for the following:
Work to be conducted in Bordering Land Subject to Flooding/wetland area and compensatory storage
calculations ---·-----------------------------
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.
D 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 W. Young
Name
(413) 587-1263
Phone Number
M-F 8:30-4:30
Hours/Days Available
Issued by:
['.Jorthampton .
Conservation Commission
Conservation Commission signatures required on following page.
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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
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.
Signatures:
Signature of delivery person or certified mail number
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