The Respondents are developers and a contractor at a construction site in Holden, Massachusetts, on which a residential subdivision (ÂAlden Woods SubdivisionÂ) of 124 lots is being developed. The site is approximately 72 acres in size with a disturbed area of 29 acres. Because they are operators of a site disturbing more than five acres, the Respondents were required to apply for either an individual NPDES permit or a promulgated NPDES General Permit for Storm Water Discharges from Construction Activities. Two of the three Respondents failed to seek authorization to discharge under a permit and one Respondent obtained coverage over a year and a half after discharges from the construction site to Chaffins Brook, a Class A waterway, were observed. Erosion control measures installed by the Respondents were inadequate and poorly maintained. On numerous occasions between September of 2004 and May of 2006, the CommonwealthÂs Department of Conservation and Recreation staff documented discharges of sediment-laden water discharging from the Construction Site to Chaffins Brook.