Enforcement Case EC 05030

1
Enforcement Case EC 05-030

• Respondents
• Tassinari Family Trust
• Investigator
• Nicole Libby

2
Enforcement Case EC 03-030

• Location
• Franklin County
• Salem Township
• Lot 40.2 of Plan 01

3
Enforcement Case EC 05-030

• Summary of Violations
• Reconstructed pre-Commission stream impoundment
  without a permit
• Filling Grading in excess of Standards
• Clearing Vegetation in excess of Standards

4
Enforcement Case EC 05-030

• According to Tassinari, the dam and stream
  impoundment existed prior to 1971
• Tassinari indicates that he has periodically
  worked on the dam over the years to maintain it

5
Enforcement Case EC 05-030

• In 2005, Tassinari cleared vegetation along the
  stream, and conducted filling grading to armor
  and rebuild the deteriorating impoundment and
  channelize a section of stream.

6
Enforcement Case EC 03-030

• According to MDIFW biologists, fish passage in
  the stream is negatively affected by the dam,
• and by two improperly installed water crossings
  downstream of the dam

7
Enforcement Case EC 05-030

• One hung culvert is located on Tassinaris
  property, but is pre-Commission
• A second set of hung double culverts is located
  just downstream on a neighboring property

8
Enforcement Case EC 05-030
9
Enforcement Case EC 03-030

• Terms of Settlement
• Implementation of a remedial action plan
  approved by, and under the supervision of MDIFW
  to
• replace/reset the improperly installed metal
  culvert downstream of the impoundment
• Install several small in-stream rock deflectors
  to restore fish cover and create small pools and
  eddies in the disturbed locations of the stream
• Plant a well distributed stand of trees, shrubs
  and ground cover along the cleared areas near the
  stream channel to re-establish a vegetated
  buffer
• Constraints on the operation of the dam gate to
  improve fish passage.
• Payment of 1,000 penalty (penalty reduced in
  consideration of respondents financial
  circumstances and voluntary replacement of
  pre-Commission water crossing).
• Staff is also working with the neighboring
  property owner to have the plastic water crossing
  culverts just downstream of Tassinari properly
  reset .