DEP goes to court over 75-acre property.Byline: Gerard F. Russell HOLLAND - The state Department of Environmental Protection has been granted a $250,000 attachment against a Holland property owner. DEP DEP Deposit DEP Deputy DEP Department of Environmental Protection DEP Dependent DEP Departure DEP Depot DEP Deposition DEP deployed (US DoD) DEP Data Execution Prevention (computer security) contends there is damage to the environment, but the property owner says the state agency is off base and is ignoring the property's agricultural uses. A hearing is scheduled Feb. 3 in Hampden Superior Court in Springfield on the DEP motion for a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. in the case. The DEP cites numerous wetland violations and says the property owner continues to be in noncompliance noncompliance failure of the owner to follow instructions, particularly in administering medication as prescribed; a cause of a less than expected response to treatment. noncompliance with DEP orders. At issue is about 75 acres off Mashapaug Road owned by James LaMountain and Northeast Concepts of 16 Lakeridge Drive. Eva V. Tor, a DEP spokeswoman, said the property is bounded on the southeast by Amber Brook and on the east by Hamilton Reservoir. Since 2006, Mr. LaMountain has engaged in deforestation deforestation Process of clearing forests. Rates of deforestation are particularly high in the tropics, where the poor quality of the soil has led to the practice of routine clear-cutting to make new soil available for agricultural use. , vegetation clearing and excavation using heavy equipment to regrade Re`grade´ v. i. 1. To retire; to go back. To determine that certain classified information requires, in the interests of national defense, a higher or a lower degree of protection against unauthorized disclosure than the site, she said. All of the work was done without effective erosion controls Erosion control is the practice of preventing or controlling wind or water erosion in agriculture, land development and construction. This usually involves the creation of some sort of physical barrier, such as vegetation or rock, to absorb some of the energy of the wind or water , she said. "He also did not have proper wetlands permits," she said. The DEP has issued a series of administrative orders An order covering traffic, supplies, maintenance, evacuation, personnel, and other administrative details. and penalties, she said. "There has not been compliance with DEP orders and the site still remains out of compliance and there is still evidence of erosion into (water) resources even today," she said. The $250,000 attachment amount is based on the DEP's estimate of stabilizing and restoring the site, she said. Mr. LaMountain yesterday said that he filed a notice of intent with the DEP declaring what work was to be done on the land. "The DEP has not acted on our notice of intent nor did they tell the court there is a notice of intent pending," he said. Mr. LaMountain said the work done on the property is exempted because of its agricultural nature. The DEP, he said, refused to recognize the agricultural exemptions. Mr. LaMountain added that he will ask the court to dismiss the matter because the DEP lacks jurisdiction, among other reasons. Mr. LaMountain said an environmental consultant he hired has verified that work on the property qualifies for an agricultural exemption and he has sought to have the land classified under the state's agricultural preservation program. "We have an application pending that shows a managed forest, grassland grassland see grazing (2), pasture. pasture-type agricultural entity, a farm," he said. He said he plans to raise beef, grow grass for feed, and maintain orchards. In addition, he said, he is seeking applications for alternative energy prototypes to power the farm. |
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