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25-078C con comf [L- Massasettsepartment of Environmental Prot"tion Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab r� A. Violation Information This Enforcement Order is issued by Northampton July 29 2003 Conservation Commission (Issuing Authority) Date To: Russell Myette Name of Violator 86 Riverbank Road Address 1. Location of Violation: Property Owner (if different) 86 Riverbank Road Street Address Northampton 01060 City/Town Zip Code 25 78 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Constructing a garage within the floodplain without a permit. B. Findings DEP File Number: Provided by DEP 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 Dated File Number Condition number(s) wpaform9a.doc • rev. 12/15/00 Page 1 of 3 ■ 77 MassaftsettApartment of Environmei, dl Prot" -don DEP File Number: LBureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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 August 7, 2003 to be on the hearing schedule for August 28, 2003 or Auaust 21, 2003, to be on the hearing schedule for September 11, 2003. 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. E The property owner shall take the following action to prevent further violations of the Act: 100 fine. 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. wpaform9a.doc • rev. 12/15/00 Page 2 of 3 Massamsettstepartment of Environmei dl Prott-.,pion DEP File Number: L77 Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: Gloria McPherson, Conservation and Land Use Planner Name 587-1263 Phone Number 8:00 am to 12:00 noon, M -F Hours/Days Available Issued by: Northampton 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: = C>r gnatu of delivery persof®rcert�ifiedmail number wpaform9a.doc • rev. 12/15/00 Page 3 of 3