DEERFIELD — Following a Wetlands Protection Act violation stemming from emergency work done in the aftermath of the July 2023 flooding, Deerfield is working with the Massachusetts Department of Environmental Protection (MassDEP) to address the issues.

MassDEP issued a notice of noncompliance to the town for work done on Hawks Road, the Fuller Swamp Brook, the North Meadows and the fields across from Richardson’s Candy Kitchen off of Routes 5 and 10. In response to the violations, Emergency Management Director and Police Chief John Paciorek Jr. has signed off on a consent order with the agency that will see the town undertake work to bring it back into compliance “without admitting or denying the facts or allegations set forth herein.”

MassDEP has yet to sign off on the order and the agency declined to comment on the matter.

“The excavator removed the debris from the drainage ways, turned around with the material in the bucket and placed it as far away as it was able to reach. However, that placement of materials was still within the 100-foot ‘buffer zone’ of the drainage, which is classified as wetlands, and therefore needs to be removed,” Paciorek wrote in an email, “Over the next 60-75 days, the public will see the work being completed.”

In the aftermath of July 2023’s flooding, which damaged roads throughout the community, Deerfield received emergency authorization from its Conservation Commission to stabilize embankments, remove sediment and other storm debris from blocked channels and culverts, and replace any failed culverts.

During that work, though, the town allegedly violated the Wetlands Protection Act when fill was discharged into protected wetland areas. MassDEP received a complaint alleging the violations on Feb. 27, conducted an unannounced inspection on March 29 and then conducted an announced site inspection on June 10, according to the draft consent order.

The Massachusetts Wetlands Protection Act, which is Chapter 131, Section 40 of Massachusetts General Laws, states “no person shall remove, fill, dredge or alter any area subject to protection under this section without the required authorization, or cause, suffer or allow such activity, or leave in place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail to comply with an enforcement order issued pursuant to this section.”

To remedy the violations, Deerfield will remove the fill on the surface of the bordering vegetated wetlands until the soil surface is level with the abutting wetlands. Within five days of grading the fill, the town will then spread a wetland seed mix on the exposed soil and then cover the seeded ground surface with straw. Work, the draft MassDEP order states, will be completed by Nov. 15.

Selectboard Chair Tim Hilchey said at last week’s Selectboard meeting that workers conducting the repairs and removal of storm debris “were not aware they were in violation of DEP rules.” Costs for removing the soil will be determined at a future date.

“We have a good relationship with the DEP chief and enforcement officer,” Hilchey said, “and we’re looking forward to accomplishing this work.”

Chris Larabee can be reached at clarabee@recorder.com.