36_-251_letterAE 21 Maple Ridge Rd- WPA Form 9A- enforcement orderMassachusetts Department of Environmental Protection 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:
When filling out This Enforcement Order is issued by:
forms on the Northampton Conservation Commission 5 May 2003
computer, use
only the tab Conservation Commission (Issuing Authority) Date
key to move To:
your cursor -
do not use the Teddy and Deanna N_ ikonczyk
return key. Name of Violator --
765 Florence Road, Florence, MA 01062
tab Address
1. Location of Violation:
remm
Property Owner (if different)
765 Florence Road and 21 Maple Ridge Road
Street Address -
Florence, MA 01062
City/Town Zip Code
36 167 and 251
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity:
Riding an ATV through a wetland, creating ruts in a wetland and wetland buffer, destroying trees in
the wetland buffer.
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
Dated
Condition number(s)
WPA Form 9A
Rev. 02/00 Page 1 of 3
Massachusetts Department of Environmental Protection DEP File Number:
?1 ! Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order Provided by DEP
f Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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
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. IfATV use is continued in the wetland, 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.
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
WPA Form 9A
Rev. 02/00 Page 2 of 3
Massachusetts Department of Environmental Protection
�1 Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
587-1263
Phone Number
8:30 a.m. to 4:30 p.m. Mon -Fri
Hours/Days Available
Issued by:
City of Northampton Conservation Commission
Conservation Commission
DEP File Number:
rroviaea Dy ucr
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:
7001 1940 0005 1331 4490
Signature of delivery person or certified mail number
W PA Form 9A Page 3 of 3
Rev. 02/00