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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 wpaform9a.doc•rev.7/14/04 Page 4 of 4 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. wpaform9a.doc•rev.7/14/04 Page 2 of 4 �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 wpaform9a.doc•rev.7114104 Page 1 of 4