The Respondent is a developer 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 the Respondent is an operator of a site disturbing more than five acres, the Respondent was required to apply for either an individual NPDES permit or a promulgated NPDES General Permit for Storm Water Discharges from Construction Activities. The Respondent failed to seek authorization to discharge under a permit. Erosion control measures installed by the Respondent 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.