Contact: Edmund Coletta
617-292-5737
Worcester, MA – April 12, 2008
The Massachusetts Department of Environmental Protection (MassDEP) continued its crackdown on illegal wetland alterations statewide by imposing $338,090 in penalties involving 18 enforcement cases in the first three months of 2007, and requiring 233,465 square feet of wetlands and stream banks to be restored.
Seven of those cases involve MassDEP’s innovative aerial surveillance initiative, an ongoing program that uses aerial reconnaissance and computer technology to identify wetlands that have been illegally filled or altered. Those seven cases alone resulted in $129,500 in assessed penalties and the restoration of 160,762 square feet of wetlands.
The seven enforcement decisions are the first cases to follow analysis of the latest round of aerial surveillance completed in 2006. That analysis uncovered nearly 1,500 sites of wetlands filling that impacted approximately 482 acres statewide over a four-year period. Analysis of these sites is ongoing to distinguish permitted work sites from illegally filled sites. As illegal wetland loss sites are identified, enforcement cases will continue to be executed with the assistance of aerial surveillance photography.
“MassDEP’s innovative wetlands surveillance initiative allows the Commonwealth to preserve the integrity of these vital natural resources by tracking change in places that may not be readily seen by the public,” Energy and Environmental Affairs Secretary Ian Bowles said. “Wetlands serve as natural pollutant filters for water supplies, buffer against flooding and provide valuable wildlife habitat, all essential components of our shared environment.”
The first seven aerial enforcement cases announced today involve the filling of wetlands at two sites in Salisbury, and sites in Haverhill, Southwick, Newbury, Gardner and North Andover.
“Our first-in-the-nation aerial wetlands enforcement program continues to pinpoint numerous areas across the state where wetlands have been lost to alterations that were not approved by state or local authorities,” MassDEP Acting Commissioner Arleen O’Donnell said. “While we have reached agreement in these cases, we continue to review the data from our most recent state flyover and will require all wetlands violators to correct those violations and pay substantial penalties.”
The penalties in these seven cases range from $46,000 assessed against a land trust for the alteration of 41,818 square feet of Bordering Vegetated Wetlands (BVW) in Salisbury to a $5,000 assessed penalty for alteration of up to 21,000 square feet of wetlands on residential property in Gardner.
These enforcement cases were the result of MassDEP’s high tech wetlands enforcement program that uses before-and-after aerial photographs, which are analyzed by a computer program to show where wetlands have been altered. The photos were taken in 2005 and are compared to photos taken four years earlier to determine the wetlands that were filled. Follow-up file review and field investigation by MassDEP staff confirmed the illegal nature of the wetland impacts.
The aerial flyovers can detect illegal wetlands filling that may not be able to be seen from the road and may not have been reported to local or state authorities.
To date, MassDEP’s wetlands surveillance program has resulted in the collection of over $3.8 million in penalties since it was launched in 2002, and required the restoration of over 50 acres of wetlands across the Commonwealth.
Penalties were also assessed in 11 additional wetlands enforcement cases in Shirley, Salisbury, Cohasset, Easthampton, Longmeadow, Auburn, Framingham, Worcester, Charlton and Walpole. The penalties in these cases range from $36,820 assessed against the trustee of a realty trust in Walpole for the alteration of 8,325 square feet of BVW to a $1,750 assessed penalty for alteration of 500 square feet of BVW and 100 linear feet of stream bank on a property in Worcester.
Information on the seven aerial surveillance cases
Robert F. Tindle, Jr., Trustee of Rabbit Road Nominee Trust, Salisbury
MassDEP assessed a $46,000 penalty for alleged Wetlands Protection Act (WPA) violations on a commercial property located at 122 Rabbit Road. After review of surveillance maps in the fall of 2006 raised questions about site conditions, subsequent field inspections confirmed the alteration of approximately 41,818 square feet of BVW. As a result of the enforcement action, Tindle has agreed to fully restore the wetlands and to submit annual monitoring reports for five years. Upon successful restoration and full compliance with the regulations, MassDEP has agreed to suspend $36,000 of the penalty.
Sawyer Enterprise, Inc., Bradford Ski Area, Haverhill
MassDEP assessed a $36,500 penalty for alleged violations of the WPA at a ski area located on South Cross Road in Haverhill. After viewing the aerial surveillance maps in the fall of 2006, MassDEP conducted a site inspection and found that approximately 58,000 square feet of BVW had been altered without the approval of the Haverhill Conservation Commission and MassDEP. In one area, a productive wooded swamp had been converted to a lawn. In addition to paying the penalty, the company has agreed to restore the area and to conduct long-term monitoring. MassDEP will suspend $16,500 of the penalty if the facility conducts the restoration and complies with the regulations.
Southwick Motocross 338, Inc.
MassDEP assessed a $13,000 penalty for alleged violations of the WPA on Legion Road in Southwick. Between April 2001 and April 2005, Southwick Motocross used mechanized equipment to install an access road in wetlands resource areas near Great Brook. During an inspection, MassDEP confirmed that the access road had been built, and approximately 22,652 square feet of wetlands resources areas had been filled. Southwick Motocross must hire an environmental consultant to delineate the replacement area for the wetland, and then draft a restoration plan for that area. MassDEP will suspend $6,500 of the penalty upon the successful completion of the restoration plan.
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.
SCP Family Limited Partnership IV, Southold Road in Auburn
MassDEP assessed a $7,500 penalty for alleged Wetlands Protection Act (WPA) violations that occurred during land clearing activities on Southhold Road. MassDEP inspected the site and found that the discharge of silt-laden runoff from erodable soils on the site had resulted in the alteration of BVW. The consent order requires that adequate erosion and sediment controls be maintained at the site and monitored to prevent further sedimentation. Up to $5,625 of the penalty will be used as a Supplemental Environmental Project so that the Massachusetts Audubon Society can implement an outreach project to assist homeowners and small farms with management of storm water runoff to reduce or eliminate pollutants being carried to the Blackstone River.
Ledgecrest, Inc. of Holden, developer of Arboretum Estates, Sarah Drive, Worcester
MassDEP assessed a $7,000 penalty for alleged violation of the Wetlands Protection Act that occurred during development of a residential subdivision Arboretum Estates, located off Sarah Drive. MassDEP inspected the site and observed the discharge of silt-laden runoff from erodable soils into a stream and Bordering Vegetated Wetland, altering 100 linear feet of stream bank, 500 square feet of BVW, and water quality. Up to $5,250 of the penalty will be used as a Supplemental Environmental Project to assist the Blackstone River Coalition’s Stormwater and Low Impact Development Outreach and Technical Assistance Program.
