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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
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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)
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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.
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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
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