38-050 (8) 4 Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order 246-537
LlMassachusetts Wetlands Protection Act M.G.L. c. 131, §40
Conservation Commission signatures required on following page.
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:
Signature of d6livery person'6-r" ie mail number
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0 Massachusetts Department of Environmental Protection
o�P��mvm�er
BUrB�� OfF{8S�U[C8 Protection - ����2D�S
������ Form � �� Enforcement Order 24G-537
K�@ssRChUGe�s Wetlands PFOt8CtiOO Act M.G.L. C. 131. §40
E] 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 toregulate said work.
F] The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations ufthe 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
toexceed twenty-five thousand dollars for each vio|otion^ Each day orportion thereof mfcontinuing
violation shall constitute a separate offense.
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
K8-FQ:OO-4:3O
Hours/Days Available
Issued by:
Northampton
Conservation Commission
°pam"n9"uoc'rev,m4/04 Page am^
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
' WPA Form 9 — Enforcement Order 246-537
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:
Hospital Hill Development, LLC January 26, 2004
Name Dated
246-537 28B,28C,29,30E,35
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.
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 October 24, 2005Date
for the following:
Detention basin stabilization plan outlet basin/dissipation area plan site erosion control plan
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
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�8'-tee
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order 246-537
LlMassachusetts 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 10/11/2005
computer, use Conservation Commission (Issuing Authority) Date
only the tab
key to move To:
your cursor- - -
do not use the MassDevelopment, Inc.
return key. Name of Violator
1441 Main Street Springfield, MA 01103
Address
1. Location of Violation:
r
Property Owner(if different) `
Village at Hospital Hill (Northampton State Hospital
Street Address
Northampton 01060
City/Town Zip Code
31C;38A 17; 86 and 50
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Allowing sedimentation into wetlands or a water body from discharge pipes and surface runoff;
allowing excavated material and topsoil stockpiles to wash into wetland areas or waterways; not providing
a temporary cover for areas disturbed for longer than thirty days; not removing entrapped silt to an area
outside of the buffer zone or resource area; not repairing breaches in siltation barriers prior to leaving the
site at the end of the day.
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
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
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