Chicopee Resident Assessed $6,500 Penalty,
Ordered to Restore Wetlands at Wales Property

The Massachusetts Department of Environmental Protection (MassDEP) issued a $6,500 penalty to Joseph E. Bryda of Chicopee for re-constructing an access drive and culvert in Wales without the proper permits, violating the Massachusetts Wetlands Protection Act.

On October 22, 2008, MassDEP inspected the Orchard Street site and observed that nearby stream bank was altered as a result of construction work on the access road. MassDEP records indicated that, prior to the start of the work, a Notice of Intent was not submitted to the Town of Wales Conservation Commission or MassDEP, as required. The work included the installation of a culvert without demonstrating that the design complied with the Massachusetts Stream Crossing Standards.

As part of a negotiated settlement, MassDEP required Bryda to either remove the new culvert or submit a restoration plan for the stream banks. The plan must document how the new culvert, or a modified culvert, can meet state Stream Crossing Standards and be designed properly to handle expected flow within the watershed. The order also requires payment of a $6,500 penalty, with $1,500 of the fine suspended contingent upon compliance with the order.

"Culvert installation or reconstruction should only commence after all required permits have been obtained," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield. "It is imperative that culverts and other stream crossings are designed properly to allow passage of fish and wildlife in compliance with Massachusetts Stream Crossing Standards and to avoid flooding and other negative impacts up and downstream of that crossing."

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