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Plymouth Conservation Commission
Enforcement Order
DEP File Number: SE57-N/A
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On August 30, 2007, the Town of Plymouth, Conservation Commission issued an Enforcement Order against Great Island Community, LLC. for a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131 s. 40 and Regulations 310 CMR 10.00 et seq., and Plymouth's Wetlands Protection Bylaw, Article 27 s.4 and Regulations. 3 (B) (1), (2).
NOTE: Although this activity was undertaken by a homeowner without the permission of the homeowners association, the enforcement order was issued to Pulte Homes, Inc. (d/b/a Great Island Community, LLC) as the owner of the property.
Extent and Type of Activity
"Extensive clearing of the under-story vegetation and the mature trees on the inland bank and within the 100-foot buffer zone of Great Island Pond. Approximately 47 trees greater than 2 inches in diameter were cut down on the bank and in the buffer zone of Great Island Pond. The disturbed area consists of approximately 20,900 square feet and in some areas goes down to the high-water mark." [Source: Enforcement Order]
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Current Status:
| July 1, 2008 |
New England Environmental submitted a Post Construction Report indicating that the Restoration work was completed. |
| June 16, 2008 |
New England Environmental was granted plant substitutions by the Commission to the Order of Conditions. |
Previous Events:
| February 27, 2008 |
The 10 business day DEP appeal period for the Order of Conditions expired without an appeal being filed. |
| February 12, 2007 |
The Town of Plymouth, Conservation Commission issued an Order of Conditions. |
| February 11, 2008 |
The public hearing resulted in the approval of the Notice of Intent "with conditions". |
| January 7, 2008 |
The public hearing was continued until February 11, 2008 at 7:30 PM. |
| December 7, 2007 |
The Notice of Intent was filed with the Town of Plymouth, Conservation Commission. |
| August 30, 2007 |
An Enforcement Order was issued to Great Island Community, LLC by the Plymouth, Conservation Commission. |
Table of Contents:
Date of Issue: August 30, 2007
Fine: $2,350 ($50 / tree)
Restoration: A Notice of Intent (NOl) must be filed by October 15, 2007.
Wetland alterations resulting from said activity should be corrected and the site returned to its original condition.
"The Notice of Intent (NOl) must include a plan of restoration for the disturbed area. The plan will include re-vegetation with native plantings, brush, and significant trees. The NOI and plan shall be prepared and stamped by a registered Professional Engineer."
"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."
View an Adobe Acrobat copy of the complete Enforcement Order:
Copies of this document can be obtained from the Town of Plymouth, Conservation Commission. Enforcement Orders are public documents.
NOTE: This project is also subject to review by Natural Heritage Endangered Species Program and Massachusetts Endangered Species Act (MESA).
Date of Submission: December 7, 2007
| NOI_File# |
Filing
Date |
Applicant's
First Name |
Applicant's
Last Name |
Location |
Company |
Region |
Town |
Comments |
| 057-2314 |
12/10/2007 |
SCOTT |
CONSTANTINEAU |
WHITE TRELLIS (OFF) |
GREAT ISLAND COMMUNITY, LLC |
SE |
PLYMOUTH |
NO Comments |
The Notice of Intent (NOI) was prepared by New England Environmental, Inc (NEE).
Overview [200K]
The plan divides the project into two areas, the lower slope (Area A) and the upper slope (Area B) with different planting recommendations. The entire restoration area runs from the pond to the homeowner's property line. This is about 25' beyond the 100' buffer zone and encompasses all of the community open space.
NEE proposes that the 47 mature trees that were cleared from the area by the homeowner be replaced with 4' - 6' trees and the underbrush be replanted with 108 shrubs along with various grasses.
The replanting will be done by hand, with no machinery, in order to protect the area from further damage. The restoration will be done immediately after the spring thaw.
Here are selected portions of the Notice of Intent:
Copies of this document can be obtained from the Town of Plymouth, Conservation Commission. Notice of Intent are public documents.
January 7, 2008
The public hearing that was to be held on January 7, 2008 was continued by the Conservation Commission without a presentation of the restoration plan due to non-payment of the fine. The hearing was re-scheduled for February 11, 2008 at 7:30 PM
February 11, 2008
NEE presented their restoration plan to the Commission.
During the comment and questions period, the Commissioner (Elizabeth Sullivan: 508-747-1620 x139) said that she had met with the responsible owners who said that they had only removed some dead wood and brush from the area.
During the public comment and questions period, a request was made that a portion of the replanted trees be larger than those proposed in order to restore the treeline of the pond and that the three (3) large piles of tree branches left along the foot trail (photos) be removed.
After some discussion, the Conservation Commission unanimously approved the NOI with conditions.
Date of Issue: February 12, 2008
"The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control."
"A progress report detailing the planting and an end of the growing season report will be submitted to the Commission to verify the restoration activities."
SPECIAL CONDITIONS:
- All planting shown on the restoration plan are to be hand planted; no heavy equipment is approved under this order of conditions.
- All planting is to be done under the supervision of a wetland scientist.
- An inspection report summarizing the plantings shall be provided to the Commission on an annual basis each spring for 3 consecutive years from the date of issuance. If monitoring data indicates that remedial measures are necessary than the Commission may require more replacement plantings to ensure the disturbed area is revegetated.
- Any deviation from the work described in the Notice of Intent shall be subject to Conservation Commission approval in the form of a Request for an Amended Order of Conditions. Minor modifications may be permitted without the filing of a formal Request, provided that they are reviewed and approved by the Conservation Commission first.
- Any cut and fallen trees shall be removed from the pond and from the buffer zone.
- The Red Oak and Red Maple plantings, as noted in the plan, shall be 2 ½ to 3" caliper.
View an Adobe Acrobat copy of the complete Order of Conditions:
Copies of this document can be obtained from the Town of Plymouth, Conservation Commission. Order of Conditions are public documents.
Date of Action: June 16, 2008
New England Environmental was allowed plant substitutions by the Plymouth Conservation Comission because of the unavailability of some of the sizes specified in the Order of Conditions.
July 3, 2008
New England Environmental submitted a Post Construction Report to the Plymouth Conservation Commissions as required by the Order of Conditions. In their report, NEE indicated that the work was completed on June 27, 2008.
View a photograph, facing north, of part of the restoration area showing several 2½" - 3" diameter trees and several shrubs. The photograph was taken on July 7, 2008;
NOTE: As of August 8, 2008, the piles of branches along the trail and several trees that were dropped into the pond have not been removed as required by the Order of Conditions.
[Future Events]
End of the Growing Season Report (due after the work has been completed)
Spring 2009 Inspection Report
Spring 2010 Inspection Report
Spring 2011 Inspection Report
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