48-008 189 Drury Lane- MAINTENANCE Order of Conditions 2005 246-563--EXPIRED
Sarah LaValley
From:Foulis, David (DEP) [David.Foulis@state.ma.us]
Sent:Friday, April 02, 2010 12:22 PM
To:pmelnik@verizon.net
Cc:McCollum, Robert J. (DEP); Harrington, Brian (DEP); Sarah LaValley
Subject:Request for Departmental Action, Wetlands File Number 246-0563
Importance:High
PLEASE Acknowledge receipt of this correspondence by return e-mail
Dear Attorney Melnik:
The Massachusetts Department of Environmental Protection (MassDEP) is in receipt of your “notice of appeal
of the denial of the extension of the wetland’s permit filed pursuant to the provisions of Massachusetts General
Laws, Chapter 131, Section 40”, for Wetlands File Number 246-0563, dated March 15, 2010 and sent on behalf
of your client, Clear Falls, Inc., now Samuel C. Crescione, Trustee of the Crescione Family Trust.
Please be advised that issuance of an Extension Permit per 310 CMR 10.05(8) of the Massachusetts Wetlands
Protection Act Regulations is discretionary on the part of the issuing authority, in this case the Northampton
Conservation Commission, and neither 310 CMR 10.00 or MGL Chapter 131, Section 40 provide a right of
appeal in the event that an issuing authority exercises its discretionary right not to issue an Extension Permit.
Your client may now file a Notice of Intent per 310 CMR 10.05(4) at any time. Alternatively, and depending
upon the nature and scale of proposed activities, your client may want to consider filing a Request for
Determination of Applicability per 310 CMR 10.05(3). For instance removal by hand of tires and rubbish from
the spillway at the site may not constitute an “alter” of jurisdictional resource areas. However, MassDEP
advises that your client seek and receive a Certificate of Compliance [per 310 CMR 10.05(9)] on the now
expired Order of Conditions prior to submittal of any new Notice of Intent or request for Determination of
Applicability.
If you have any questions, comments, or concerns please feel free to contact me.
Thank you,
David B. Foulis, Environmental Analyst
Massachusetts Department of Environmental Protection
Western Region, Bureau of Resource Protection
Wetlands and Waterways Program
Telephone 1-413-755-2154
Facsimile 1-413-784-1149
FOR INTER/INTRA-AGENCY POLICY DELIBERATIONS ONLY
NOT FOR PUBLIC DISTRIBUTION
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