C.B. Blair Development Corp 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 C.B. Blair was an operator of a site disturbing more than five acres, C.B. Blair was required to apply for either an individual NPDES permit or a promulgated NPDES General Permit for Storm Water Discharges from Construction Activities. The company 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 C.B. Blair were inadequate and poorly maintained. On numerous occasions between September of 2004 and January 2005, the CommonwealthÂs Department of Conservation and Recreation staff documented discharges of sediment-laden water discharging from the Construction Site to Chaffins Brook.