The state Department of Environmental Protection (MassDEP) issued a $32,400 penalty to Moobarn Trust of Westfield for conducting site preparation work in a wetland in violation of the Massachusetts Wetlands Protection Act (WPA).

In June 2009, the Westfield Conservation Commission notified MassDEP of cut trees, clearing, and site preparation activity within 2.4 acres of a Bordering Vegetative Wetland (BVW) at the Moobarn site, located off Summit Lock Road.

MassDEP’s investigation confirmed the site preparation took place without a prior filing of a notice of intent as required by the Massachusetts WPA. The Westfield Conservation Commission had issued an enforcement order ceasing all work at the site within the jurisdiction under the WPA. Much of the work also took place within "actual habitat" of state-listed rare wetlands wildlife.

MassDEP issued an order requiring Moobarn to restore the impacted BVW in coordination with the requirements of the Natural Heritage and Endangered Species Program. Moobarn must also pay $22,400 of the assessed penalty, with the balance suspended, provided that the required restoration is completed and there are no further violations at the site.

"Prior to undertaking any work, such as placement of fill in or within 100 feet of wetlands or any other resource area protected under the Wetlands Protection Act, landowners and developers should check with their local conservation commission and submit required permit applications," said Michael Gorski, director of MassDEP’s Western regional office in Springfield. "Only then can the proper protections be assured."