BOSTON MA (12/29/2009) ? The Massachusetts Department of Environmental Protection (MassDEP) issued a $24,700 penalty to Russell Stetson for undertaking construction within Dickinson Brook at 451 Main Road, Granville, in violation of the Massachusetts Wetlands Protection Act.
On October 11, 2008, MassDEP received a citizen complaint stating that construction equipment was operating within and adjacent to Dickinson Brook, which is designated as a cold water fishery. The work included filling the channel, as well as excavating the channel and adjacent land area. Under the Wetlands Protection Act, the area 200 feet on either side of a river is a protected resource area and any work in that area requires a permit from the local conservation commission.
MassDEP?s investigation confirmed that Stetson had commenced construction within the river, and within the protected Riverfront Area without a valid Final Order of Conditions as required. MassDEP and the Granville Conservation Commission had met with Stetson prior to the violation and advised him that permits were needed for the work and provided guidance on how to secure the required approvals.
In a recent consent order with MassDEP, Stetson has agreed to the $24,700 penalty; however, MassDEP has agreed to suspend $9,700 provided resource restoration is performed and there are no additional violations. The order requires that the river channel and Riverfront Areas be fully restored to a stable condition by October 31, 2010. Stetson also agreed to not undertake any additional work within the river and Riverfront Area without obtaining all required approvals.
?Rivers like Dickinson Brook represent some of the most sensitive resource areas and benefit the public through the protection of water supplies, groundwater, wildlife habitat and fisheries,? said Michael Gorski, director of MassDEP?s Western Regional Office in Springfield. ?Work within these resource areas should never be undertaken until all required local, state and federal approvals had been obtained.?
MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.
CONTACT: Catherine Skiba 413-755-2119
