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Home My Public Portal About2022 01 25 Public Meeting PacketT wpaform9a.doc • rev. 7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Town of Brewster Conservation Commission (Issuing Authority) 1/12/2022 Date To: Stephen Brown Name of Violator 2624 Main Street, Brewster, MA 02631 Address 1. Location of Violation: Property Owner (if different) 2628 Main Street Street Address Brewster City/Town 02631 Zip Code 89 Assessors Map/Plat Number 14 (formerly 15/113-2) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Cutting and clearing of vegetation as well as the placement of fill on and within 100 feet of wetlands without a valid permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. 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), because: the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc • rev. 7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 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 2/20/2022 Date for the following: removal of unpermitted fill and revegetation of the cleared wetland resource areas and impacted areas within their associated 100 foot buffer zones. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc • rev. 7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 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: 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: Noelle Aguiar, Conservation Administrator Name 508 896 4546 Phone Number Monday - Friday Hours/Days Available Issued by: Town of Brewster Conservation Commission Conservation Commission signatures required on following page. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION ATTACHMENT TO ENFORCEMENT ORDER January 12, 2022 Stephen Brown 2624 Main Street Brewster, MA 02631 RE: Cutting and clearing of vegetation as well as the placement of fill on and within 100 feet of wetlands without a valid permit in violation of Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. The property involved in the violation is 2628 Main Street, Brewster Assessors Map 89, Lot 14 (formerly Map 15, Lot 113-2). Enclosed is an Enforcement Order for activities in violation of the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Non-compliance with the requirements stated herein is punishable by fines of not more than $25,000 or by imprisonment for not more than two years or both, as provided under M.G.L. c. 131, §40; and fines of not more than $300 per offense as provided under Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the By-law, regulations, or permit violated shall constitute a separate offense. Dear Mr. Brown: The enclosed Enforcement Order is being issued to you from the Brewster Conservation Commission in response to a violation of the above-referenced laws and regulations that has occurred at the above-referenced address. This Attachment to the Enforcement Order is divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It would be in your best interest to carefully read the Enforcement Order and this Attachment, and to comply fully with all the requirements stated herein. Failure to comply with all requirements stated herein will result in more serious enforcement action. The Commission stands ready to work cooperatively with you in order to avoid further enforcement action. Facts and Law 1. On January 5, 2022, the Conservation Department was contacted regarding vegetation removal activities undertaken at the property noted above. The cutting and clearing activities were noted to include the use of machinery and the placement of fill materials. These activities were also noted to have been undertaken within wetland resource areas, to include Land Under a Waterway, Inland Bank, Bordering TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Vegetated Wetland, and within the 100-foot buffer to these wetland resource areas. Photos were submitted and are included for reference. Any alteration within a wetland resource area or within the 100-buffer to those wetlands without a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster’s Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations. Required Mitigation and Other Measures 1. The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting wetland resource areas and the 100- foot buffer zone associated with those wetland resource areas. 2. Erosion control measures, to include a silt fence with haybales/haysock, shall be installed by February 20, 2022 along the altered areas of the stream bank. Proof of this installation shall be provided to the Commission for review at their regularly scheduled meeting held on February 22, 2022. 3. The nature and volume of fill placed during this recent unpermitted activity shall be assessed by a qualified individual and supporting documentation shall be submitted for review by the Conservation Commission, by February 20, 2022. 4. A wetlands specialist shall conduct an assessment to determine and document the impact and extent of unpermitted activities on any wetland resource areas and their associated 50 and 100-foot buffer zones on-site. In addition, the assessment and documentation shall include appropriate steps necessary to restore naturally vegetated conditions to these affected areas. 5. Photos of the altered areas taken prior to the unpermitted activities, if available, shall be submitted for review by the Conservation Commission, by February 20, 2022. 6. A restoration plan shall be submitted detailing the entirety of the site, to include the location of all wetland resource areas, their associated 50 and 100-foot buffer zones, and the locations of restoration activities. Restoration activities shall include the removal of unpermitted fill and the installation of native trees, shrubs, and grasses to re-establish naturally vegetated conditions within the affected buffer zones and wetland resource areas. The restoration plan shall be completed by a professional engineer and submitted by February 20, 2022. Submitted Site Photos. Unpermitted Cutting and Clearing within Wetland Resource Areas. 1.5.2022