DEERFIELD — The developer of a new Cumberland Farms in South Deerfield has been told to stop working in a wetland at the site at 31 Elm St.
The state Department of Environmental Protection on Aug. 16 issued a cease-and-desist order for work in the wetlands portion of the site, but has allowed work outside “wetland resource areas” to continue. Some of the site work violated the state Wetlands Protection Act, according to Catherine V. Skiba, service center manager at MassDEP’s western regional office. She said this week that in response to the DEP action, appropriate sediment and erosion controls have been put into place, a wetlands specialist has been retained and a restoration plan has been submitted to DEP for review.
According to DEP, the developer has principal offices in Indianapolis, Ind. Attempts to contact Shannon Parker, regional real estate manager of TMC CF New England LLC, who was sent the order, were unsuccessful.
The developer may have to return to the town Conservation Commission to complete the site work.
“TMC proposes to also conduct new work within wetland resource areas, not included in the original Order of Conditions or as required in the restoration order,” Skiba said in an email. “The existing Order of Conditions issued by the Conservation Commission may not be amended to include these new impacts. TMC should file a new Notice of Intent with the Deerfield Conservation Commission requesting an Order of Conditions for that newly proposed work. The restoration will be deferred until an Order of Conditions is issued and the new work is completed.”
According to MassDEP’s order, the Deerfield Conservation Commission on Feb. 7, 2017, issued the Order of Conditions — which prohibited any work “to occur in Waters of the United States within the Commonwealth” — and no appeal was filed. The order states Philip Henry, a representative for TMC, on Feb. 10, 2017, requested approval for some work in connection with bordering vegetated wetlands and their associated buffer zones.
“The request detailed an elimination of the proposed construction of a culvert crossing at the southeast edge of the site, and proposed additional work on another portion of the site,” the order reads. “TMC submitted revised plans consistent with its request.”
According to the order, the Conservation Commission on Feb. 23, 2017, approved the requested changes and opted not to issue an Amended Order of Conditions after concluding it was not required.
But DEP staff members saw construction at the site on Aug. 8 and noticed evidence of unapproved excavation and grading. A discharge of fill material into bordering vegetated wetlands was also observed. At that time, no erosion and sediment controls were in place.
“TMC conducted activities which were not reflected on the approval plan,” the order reads.