William F. Wendt III and Julie Wendt, Newbury
MassDEP penalized the Wendts $11,500 for alleged violations of the WPA at their 102 Main Street property. MassDEP inspected the site and found that over the previous two years, approximately 6,950 square feet of BWV had been filled behind the site. The Wendts have agreed to full restoration of the area, and five years of wetlands restoration monitoring. Upon successful completion of the restoration, MassDEP will suspend $9,500 of the penalty.
Marc Janvrin and Holly B. Arthur, Salisbury
MassDEP assessed an $11,000 penalty for alleged violations of the WPA at their residence located at 47 Pike Street. After reviewing aerial surveillance maps in the fall of 2006, MassDEP inspected the site and found that approximately 10,018 square feet of BVW had been altered and/or filled without any approval from MassDEP or the Salisbury Conservation Commission. The owners have agreed to have a restoration plan prepared that will re-establish the pre-existing vegetation for a wildlife habitat. MassDEP agreed to suspend $5,500 of the penalty pending full compliance with all terms of the order.
Stephen McCarthy, 330 Campbell Road, North Andover
MassDEP assessed a $6,500 penalty for alleged wetlands violations at this site, which was being used for the temporary storage and stockpiling of leaves, grass and other materials from the McCarthy Landscaping business. After reviewing the aerial surveillance maps, a field investigation determined that approximately 252 square feet of BVW was impacted from this activity. Under the agreement, McCarthy must cease this activity and restore the impacted area. Upon completion of the restoration, MassDEP will suspend $5,000 of the penalty.
Francis M. Castrichini, Gardner
MassDEP assessed a $5,000 penalty for alleged wetlands violations that occurred on his property located at 154 Hosley Road. MassDEP inspected the property after reviewing the aerial surveillance maps, and determined that trees in the BVW and a riverfront area had been cut, impacting an area of between 5,000 and 21,000 square feet. Mr. Castrichini has agreed to re-plantings in the altered wetland areas. He must also hire a wetlands scientist to determine the wetlands area boundary and to submit a plan to MassDEP that outlines a restoration schedule for the site, as well as a final report to verify that the restoration has been successful.
Information on the 11 additional wetlands cases
John T. Hasenjaeger, Trustee of Brush Hill Realty Trust, Walpole
MassDEP assessed a $36,820 penalty for alleged violations of the Wetlands Protection Act, Clean Water Act, and the 401 Water Quality Certification regulations that occurred at property located on Arlington Lane, Hancock Court, and Berkeley Drive. Brush Hill Realty Trust started construction on a subdivision project without appropriate state permit filings or 401 Water Quality Certification, and altered 8,325 square feet of BVW. In addition to paying the penalty, Brush Hill Realty Trust is required to make the appropriate filings, including a complete environmental review and alternatives analysis.
New England Sand and Gravel Co. facility off Danforth Street, Framingham
MassDEP assessed a $30,000 penalty for alleged Wetlands Protection Act (WPA) violations that occurred at the New England Sand and Gravel facility off Danforth Street. Following a complaint filed by the Conservation Commission, MassDEP inspected the site and found that activities on the site caused impact to 1,000 square feet of BVW and 10,000 square feet of Bordering Land Subject to Flooding (BLSF), and altered a certified vernal pool. New England Sand and Gravel Co. has agreed to full restoration of the BVW, vernal pool habitat, and BLSF. MassDEP will suspend $7,500 of the penalty if compliance is achieved by October 2011.
GFI Shirley LLC of Boston, Apple Orchard Estates in Shirley
MassDEP assessed a $25,000 penalty to the company, which is constructing the subdivision off Lancaster Street in Shirley, for alleged wetlands violations. The Shirley Conservation Commission sought MassDEP assistance, and an inspection of the site documented the discharge of silt-laden runoff water from several locations into wetland resources, including 2,500 square feet of BVW and 50 feet of stream bank. The discharges were caused by inadequately maintained erosion controls. The company must pay the $25,000 penalty, and prepare a comprehensive sedimentation and erosion control plan and implement the plan for the remainder of the construction project.
William Marsden, 39 Deep Run, Cohasset
MassDEP assessed a $20,370 penalty for alleged Wetlands Protection Act (WPA) violations that occurred at 39 Deep Run. In response to a complaint from a neighbor, MassDEP inspected the site and found that 4,098 square feet of BVW had been filled on the site in non-compliance with an Order of Conditions issued by the Cohasset Conservation Commission for drainage improvements to the residential property. MassDEP will suspend $19,370 of the penalty if restoration is completed by October 2007.
Peachtree Design Group, Inc., West Springfield, Hamptons Condominium complex, 359 Main Street, Easthampton
MassDEP assessed a $20,000 penalty for alleged Wetlands Protection Act (WPA) violations at the 359 Main Street site. MassDEP inspected the site and found that work being undertaken to restore approximately half an acre of an impacted BVW adjacent to a construction site was not in compliance with requirements of an order issued by the Easthampton Conservation Commission. In addition to paying the penalty, Peach Tree Design Group has agreed to engage a wetland restoration specialist to provide a detailed status report of the restoration work, project oversight, compliance monitoring, and post-construction monitoring of the restoration plan. MassDEP will suspend $10,000 of the penalty upon completion of the restoration work.
P.J. Keating Co. of Delaware, rock quarry operation in Lunenburg and Shirley
MassDEP assessed a $16,000 penalty for alleged violations of the Wetlands Protection Act that occurred at its facility located off Leominster Road. MassDEP inspected the facility and determined that stone dust from the owner's rock quarrying operation was being discharged from a stockpile area due to inadequate erosion controls. Deposition of the stone dust and sediment resulted in altering 3,500 square feet of BVW and 150 linear feet of stream bank in Lunenburg and Shirley. The owner agrees to take the necessary steps to prevent further violations, and develop and implement a wetland restoration and monitoring plan. Also, $12,000 of the penalty will be used as a Supplemental Environmental Project, where the Town of Shirley and the Massachusetts Audubon Society will develop baseline data for property in Shirley that is currently under a Conservation Restriction.
Planpow Realty Corp., Heritage Country Club, 85 Sampson Rd., Charlton
MassDEP assessed a $14,000 penalty for alleged violations of the Wetlands Protection Act that occurred at the Heritage Village Country Club on Sampson Road. MassDEP inspected the site and documented the removal of vegetation and construction of a fire pond within the wetlands without an Order of Conditions. The activities resulted in alteration of 17,000 square feet of BVW and stream bank on the property. In addition to payment of the penalty, Planpow agrees to restore the wetland resource area and implement measures to prevent further alteration.
William Eaton, Trustee of 81 Rabbit Road Realty Trust, Salisbury
MassDEP assessed a $12,250 penalty for alleged Wetlands Protection Act (WPA) violations that occurred at 81 Rabbit Road. MassDEP inspected the property and found that 2,500 square feet of BVW had been filled without a Notice of Intent filing or proper authorization from the local Conservation Commission. William Eaton, trustee of 81 Rabbit Road Realty Trust, agreed to restore the BVW and provide long term monitoring of the resource. MassDEP will suspend $9,250 of the penalty if restoration is completed by October 2012.
H.M. Nunes & Sons Construction, Inc., Ludlow, Mill Road site, East Longmeadow
MassDEP assessed a $7,650 penalty for alleged Wetlands Protection Act (WPA) violations at the Mill Road site. MassDEP confirmed that approximately 1,200 square feet of BVW had been altered as a result of sediment erosion in connection with installation of a sewer main. MassDEP observed that construction continued in non-compliance with the requirements of a final Order of Conditions issued by the East Longmeadow Conservation Commission. As a result of the enforcement action, H.M. Nunes and Sons has agreed to pay the penalty.