Blackstone conservation panel approves draft enforcement order for 22 Union Street wetland concerns

The Town of Blackstone Conservation Commission approved a draft enforcement order on Sept. 11 addressing alleged regulated activity at 22 Union Street, voting to require the property owner to retain an environmental consultant, document any work within jurisdictional wetland areas and submit a restoration plan for the commission's review.

John Lopez, the commission's conservation agent, told the panel the draft order is the Department of Environmental Protection's preferred enforcement path and is intended to provide a factual basis for the commission's decisions. Lopez said the order would require the owner to retain a wetlands consultant by a date certain, verify that consultant in writing to the commission, have that consultant assess all regulated activities, and, if necessary, submit a restoration plan. Lopez said those steps would be completed at the property owner's expense.

The owner of 22 Union Street said he believed he had done only cleanup, and that he had not been properly notified of an earlier cease-and-desist because the prior notice had been addressed to a different person. Commissioners and other members noted a historical cease-and-desist and questioned whether prior permits or orders of conditions were satisfied. Lopez said the commission's enforcement order is limited to activities within the commission's jurisdiction and that a property owner's right to access the land remains, but any regulated activities within 100 feet of wetlands must be approved by the commission.

After discussion, a commissioner moved to approve the enforcement order as drafted and the motion was seconded. The commission voted in favor and the chair described the result as unanimous. Lopez said he would update the draft dates and serve the order by certified mail.

The enforcement order requires the property owner to provide written verification that a wetlands scientist or environmental consultant has been retained, to allow that consultant to assess the extent of any regulated activities, and to submit a restoration plan and mitigation proposals for commission review and approval. If violations are found, Lopez said, property owners would be required to remediate the impacts in accordance with the commission's jurisdiction and applicable DEP standards.

Next steps include issuance of the finalized enforcement order to the property owner, written confirmation that a consultant has been engaged by a date certain and submission of any required restoration plan for the commission's consideration. The order does not set civil fines; it focuses on assessment and restoration requirements.