25-078 D WPA Form 9A Enforcement Order Myette 86 Riverbank Rd. July 29 2003Massa6setts0partment of Envlronmes Prot9lon DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important: This Enforcement Order is issued by:
When filling out July 29, 2003
forms on the -Northampton
computer, use Date
Conservation Commission (Issuing Authority)
only the tab
key to move To:
your cursor -
do not use the Russell M ette
return key. Name of Violator
86 Riverbank Road
rab Address
1. Location of Violation:
retrmr
Property Owner (if different)
86 Riverbank Road
Street Address 01060
Northam ton Zip Code
City/Town 78
25 Parcel/Lot Number
Assessors Map/Plat Number
2. Extent and Type of Activity:
Placing large broken chunks of concrete within a bank resource area and floodplain.
B. Findings
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
File Number
wpaform9a.doc • rev. 12/15/00
Dated
Condition number(s)
Page 1 of 3
Massaftsettsepartment of Environmerral Protec[ion DEP Fileb
Bureau of Resource Protection - Wetlands Number:
er.
Lll� 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.
® Bank alterations resulting from said activity shall 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
Date
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 to prevent further violations of the Act:
Pay $100 fine.emove all concrete and construction debris from the site. Leave all natural
lyli-Ily-vegetation.
Please notify this office upon removal of materials so an inspection may be made. This Enforcement Order will not be lifted until final approval from the Conservation Commission or
its agent. If the work is not started by August 6, 2003 and completed as specified by August 20,
2003, the Conservation Commission may begin issuing fines of up to $100 for each day of the
violation, beginning on the day of this notice.
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
MassaissetApartment of Envlronmei—al Prot"cion
DEP File Number:
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:
/Signa re of delivery person or certified mail number
wpaform9a doc • rev 12/15/00 Page 3 of 3
MassaMsetts0partment of Environmen. i ProtL_ion
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the
Northampton
computer, use
only the tab
Conservation Commission (Issuing Authority)
.1111y29 2003
Date
key to move To:
your cursor -
do not use the
Russell Myette
return key.
Name of Violator
86 Riverbank Road
Address
1.
retrun
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:
Paving a parking area within the floodplain without a permit
B. Findings
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:
Dated
Condition number(s)
wpaform9a doc • rev. 12/15/00
Page 1 of 3
Massamsettsppartment of Environmer.,..i Prott_.ion
Bureau of Resource Protection - Wetlands DEP File Number:
L, '�i 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
uate
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 to prevent further violations of the Act:
Pay $100 fine. Submit an as -built plan, signed and stamped by a registered professional engineer or
land surveyor. This plan must include elevations of the parking area and all land and structures within
25 feet of the parking area. This Enforcement Order will not be lifted until final approval from the
Conservation Commission or its agent. If the as -built plan is not received by September 10, 2003, the
Conservation Commission may begin issuing fines of up to $100 for each day of the violation,
beginning on the day of this notice.
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