HomeMy WebLinkAboutEO 4.18.2025 Massachusetts Department of Environmental Protection
DEP File Number:
;,- - Bureau of Resource Protection - Wetlands
-„ WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-Law, Chapter 143
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Yarmouth Ratified 4/17/2025, draft sent
computer, use Conservation Commission(Issuing Authority) 4/10/2025
only the tab
key to move To:
your cursor-
do not use the Town of Yarmouth DPW
return key. Name of Violator
74 Town Brook Rd, West Yarmouth, MA 02673
r4�
Address
e0° X\ 1. Location of Violation:
� Drainage Easement between 222 and 228 Pleaseant street, and land under the Bass River
Property Owner(if different)
Street Address
South Yarmouth 02664
City/Town Zip Code
43 24, 25
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unpermitted activity impacting a resource area- Dewatering efforts for sewer installation led to scour
and displacement of sediment in salt marsh and land under the ocean- Bass River
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, §40) and its Regulations (310
CMR 10.00)and Yarmouth Wetland protection Bylaw Ch. 143, because:
Z the activity has been/is being conducted in an area subject to protection under c. 131, § 40 and
Ch.143 or the buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions
or Negative Determination).
wpaform9a.doc•rev.5/18/2020 Page 1 of 4
`�iMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-Law, Chapter 143
B. Findings (cont.)
❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name Dated
File Number Condition number(s)
❑ The Order of Conditions expired on (date): Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
❑ 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 any activity affecting the Buffer Zone and/or resource areas.
❑ Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
❑ A restoration plan shall be filed with the issuing authority on or before Date
for the following:
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
Page 2 of 4
wpaform9a.doc•rev.5/18/2020
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-Law, Chapter 143
C. Order (cont.)
❑ Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
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 (e.g., erosion/sedimentation controls)to
prevent further violations of the Act:
To restore resource area to its pre-existing condition, 670 SF/40 CY to be dredged within permitted
dredge footprint in shoaled area. No dredging in drainage channel required. Dredge work to be done
under 083-2033 following all conditions including TOY restriction. Enforcement order to authorize
filling in the scour left behind in the area in front of the discharge pipe, with material of similar grain
size as present. Work to be completed by July 30, 2025. An as-built plan with final contours and
report of material and quantity used is required to document the resulting conditions. Existing salt
marsh to be protected during work. Salt marsh plug planting may be required to supplement area
which was damaged; to be determined after and implemented fall 2025 if required by the CA.
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:
Brittany DiRienzo
Name
508 398 2231 ext 1288
Phone Number
M-F 8.30 to 4pm
Hours/Days Available
Issued by:
Yarmouth
Conservation Commission
Conservation Commission signatures required on following page.
wpaform9a.doc•rev.5/18/2020 Page 3 of 4
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
L
- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-Law, Chapter 143
D. Appeals/Signatures (cont.)
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.
Yarmouth Conservation Commission
Signatures:
t". /4..,--2. --‘__ 61 /(010 S ,
S na ure I Printed Name
•
Signature Printed Sam
Q.N.1 csr� , ,, Dom,d L39 4.5./e--,
Signature Printed Namirt
.--ayygeyvez 5y4,,ei .). .13,,,,,&,--
Signature Printed Name
Signature Printed Name
"\--\\..),.. .04a Pori-thvdheA cvi
Signature Printed Name r
aGee,- *Z-7r- --. PQ Lit /-49 c i/4 5
Signature Printed Name
Signature Printed Name
)1(0 A be 61 e_4 ece
Signature of delivery person or certified mail number
wpaform9a.doc•rev.5/18/2020 Page 4 of 4