24D-021 King Street Brook ECert-2014Important:
When filling out
forms on the
computer, use
only the tab
key to move
your cursor -
do not use the
return key.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Emergency Information
Northampton
Issuing Authority
King Street Brook, Parcel ID 24D -021, off Lawn Avenue
Issuance From:
1. Site Location:
2 Reason for Emergency:
Woody debris, unneeded beaver deciver, and other materials obstructing flow within the King Street
Brook and culvert under the bike path, causing extensive residential flooding during rainstorms.
3. Applicant to perform work: Northampton Department of Public Works
4. Public agency to perform work or public agency ordering the work to be performed:
Northampton Department of Public Works
5. Date of Site Visit:
May 30, 2014
Start Date:
June 9, 2014
6. Work to be allowed *:
End Date *:
July 9, 2014
* no later than 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to address an oiVhazardous material release.
removal of the four beaver deceivers by hand, use of a a tracked excavator to remove the large
woody debris piles that are located adjacent to the bank of King Street Brook and nearthe outlets of
the sedimentation basin. Construction mats to be utilized within BVW. No excavations shall occur
beyond removal of beaver deceivers. Silt socks will be placed adjacent to the stream channel to
function as limit of work and to prevent sediment from washing into the channel during debris
removal. To prevent unnecessary soil disturbance in the wetland, the tracked excavator will remaining
mostly stationary and the debris piles will be placed on top of the bike path and loaded into a dump
truck for removal.
* May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority,
DOM
A copy of this form must be provided to the appropriate DEP Regional Office.
WPA Emergency Certification Page 1 oft
Rev. 01/31/0
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to
enforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that necessary to
abate the emergency, shall require the filing of a Notice of Intent.
5. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any
data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without written approval
of the Department.
D. Special Conditions
Erosion control must be installed as described in the Emergency request
Heavy equipment shall not be operated between the banks of the brook
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a
conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not
operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department's review shall be conducted within seven days of: issuance by a conservation
commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency
certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth, the Department may revoke
the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.
WPA Emergency Certification Page 2 of 2
Rev. 01/31/0