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36-087 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 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: 3L-e 3.w QN /I J V t Signature of delivery person or certified mail number wpaform9a.doc•rev.7114/04 Page 4 of 4 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 The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. 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: Submit final Stormwater Pollution Prevention Plan, Erosion and Sediment Control Plan and Wetland Replication and Mitigation Plan to the Northampton Conservation Commission before 05/26/2005 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: wpaform9a.doc•rev.7114104 Page 3 of 4 Massachusetts Department of Environmental Protection 1 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ® 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). 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: Northampton Associates L.L.C. 12/06/2002 Name Dated Map 36 &43 Lot 87; and 5 6 and 7 1-34 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 s.40. ❑ 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. ® A restoration plan shall be filed with the issuing authority on or before 05/26/2005 Date for the following: Downgradient wetland and trenched isolated wetland area wpaform9a.doc•rev.7114/04 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — 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 05/13/2005 computer, use Conservation Commission (Issuing Authority) Date only the tab key to move To: your cursor- ie do not use the Justin Dionne return key. Name of Violator 2 Ledgewood Drive, Sunderland, MA 01375 Address 1. Location of Violation: Justin Dionne Property Owner(if different) Dunphy Drive (White Oak Woods Subdivision) Street Address Northampton, MA 01060 City/Town Zip Code 36 and 43 87; and 5, 6 and 7 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Silt fences, haybales and other erosion controls were not adequately istalled in order to stop sediment movement to offsite locations/resource areas. Stockpiles of material and disturbed soils were not stabilized, allowing a significant amount of sediment from the disturbed area to be deposited into the down gradient wetland/stream near Westhampton Road. A drainage ditch was created from a potential on-site resource area to the neighboring property/resource area. 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 wpaform9a.doc•rev.7114/04 Page 1 of 4