MassDEP Penalizes Middleton Property Owner $17,970
 for Wetlands Violations at Commercial Storage Building 

The Massachusetts Department of Environmental Protection (MassDEP) has penalized Judson Deacon of Middleton $17,970 for wetlands violations involving the construction of a storage building at 8 Rockaway Road in Middleton. 

In 1999, Deacon sought approval to construct the building in a wetlands buffer zone. Later that year, MassDEP approved a superseding order of conditions allowing the work with limitations. Upon completion of the work in 2008, MassDEP inspected the site and found unpermitted impairment to a wetlands buffer zone, and a total of 1,884 square feet of bordering vegetated wetlands had been filled without authorization using landscaping debris, soil fill and mulch. 

"Obtaining approval to work in or near a wetlands resource area is a necessary first step for some developments, but preventing unpermitted destruction of wetlands has to be a priority as well," said Richard Chalpin, director on MassDEP's Northeast Regional Office in Wilmington. "Restoration work, which now has to be done, is not the preferred outcome: compliance with the original order would have been."

Deacon has agreed to submit a restoration plan, which will involve the removal of unauthorized fill, followed by the planting of wetlands botanicals to be completed by June 30, 2009. Over the next five growing seasons, inspections will be conducted and monitoring reports submitted to MassDEP to ensure long-term viability of the restored wetlands. All material that is removed will be tested and disposed of at the appropriate facility.

MassDEP has agreed to suspend $12,970 of the penalty provided full compliance is met.

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