31C-015 Paradise Pond-Order of Conditions-Sediment Management-2014-B11808-P66Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
I. Conservation Commission NORTHAMPTON
2. Issuance a. F OOC
3. Applicant Details
a. First Name
c. Organization
d. Mailing Address
e. City/Town
GARY
THE TRUSTEES OF THE SMITH COLLEGE
C/O FACILITIES MANAGEMENT, GARY HARTWELL
NORTHAMPTON f. State MA
b. r Amended OOC
b. Last Name
4. Property Owner
a. First Hanle GARY
b. Last Name
c. Organization THE TRUSTEES OF THE SMITH COLLEGE
d. Mailing Address C/O FACILITIES MANAGEMENT, GARY HARTWELL
e. City/Town NORTHAMPTON f. State MA
5. Project Location
a.Street Address COLLEGE LANE
b.City/Town NORTHAMPTON c. Zip Code
d. Assessors Map/Plat# 31A, 31C, 31D e. Parcel/Lot#
f Latitude 42.31844N g. Longitude
6. Property recorded at the Registry of Deed for:
a. County b. Certificate
HAMPSHIRE
HAMPSHIRE
HAMPSHIRE
HAMPSHIRE
c. Book
925
744
860
732
Provided by MassDEP:
MassDEP File #:246 -0680
eDEP Transaction #:703492
City/Town:NORTHAMPTON
HARTWELL
g. Zip Code
HARTWELL
g. Zip Code
01063
257 & 260, 15, 20
72.64178W
d. Page
93
154
421
265
7.Dates
a. Date NOT Filed : 8/18/2014 b. Date Public Hearing Closed: 10/8/2014 c. Date Of Issuance: 11/20/2014
8.Final Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed /Stamped by: d. Revised Final Date: e. Scale:
Page 1 of 9 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
\ _ - Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
1
NOTICE OF
INTENT; PARADISE
POND SEDIMENT PARE CORPORATION
MANAGEMENT
PROTOCOL
SEDIMENT
MANAGEMENT
PROTOCOL - PARE CORPORATION
PARADISE POND AND SMITH
ON THE CAMPUS COLLEGE
OF SMITH
COLLEGE
August 2014
Provided by MassDEP:
MassDEP File #:246 -0680
eDEP Transaction #:703492
City/Town:NORTHAMPTON
August 14 2014
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above - referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. F Public Water Supply
d. F Private Water Supply
g. F Ground Water Supply
b. F Land Containing Shellfish
e. r Fisheries
h. r Storm Damage Prevention
2. Commission hereby finds the project, as proposed, is:
c.17 Prevention of Pollution
f. r Protection of Wildlife Habitat
i, F Flood Control
Approved subject to:
a. F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be perforated in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control.
Denied because:
b. r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act, and a fmal Order of Conditions is issued. A description of the performance standards
which the proposed work cannot meet is attached to this Order.
e. I— The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests
identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act, and a fmal Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(1)(a).
a. linear feet
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection ActM.G.L, c. 131, §40
Inland Resource Area Impacts:(For Approvals Only):
Provided by MassDEP:
MassDEP File #:246 -0680
eDEP Transaction #:703492
City/Town:NORTHAMPTON
Resource Area
Proposed
Alteration
Permitted Proposed
Alteration Replacement
Permitted
Replacement
4. FBank
5. r Bordering Vegetated Wetland
6. F Land under Waterbodies and Waterways
7. r Bordering Land Subject to Flooding
Cubic Feet Flood Storage
8. r Isolated Land Subject to Flooding
Cubic Feet Flood Storage
9, F Riverfront Area
Sq ft within 100 ft
Sq ft between 100 -200 ft
a. linear feet
b. linear feet c. linear feet
a. square feet b. square feet
290000
a. square feet b. square feet
25000
e. c/y dredged f.e/y dredged
a. square feet b. square feet
e. cubic feet f. cubic feet
a. square feet b. square feet
c. cubic feet
c. square feet
0
c, square feet
c. square feet
g. cubic feet
d. cubic feet e. cubic feet
a. total sq. feet b. total sq. feet
c. square feet
g. square feet
d. square feet e. square feet
h. square feet i. square feet
d. linear feet
d. square feet
d. square feet
d. square feet
h. cubic feet
f, cubic feet
f. square feet
j. square feet
Coastal Resource Area Impacts:
Resource Area
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. r Designated Port Areas Indicate size under Land Under the Ocean, below
11 r Land Under the Ocean
12. r Barrier Beaches
13. r Coastal Beaches
14. r Coastal Dunes
a. square feet b, square feet
c. c/y dredged el.c /y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. c/y nourishment d. cly nourishment
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
15. r Coastal Banks
16. r Rocky Intertidal Shores
17. F Salt Marshes
18. r Land Under Salt Ponds
19. r Land Containing Shellfish
20. r Fish Runs
21 r Land Subject to Coastal Storm Flowage
Provided by MassDEP:
MassDEP File #:246 -0680
eDEP Transaction #:703492
City/Town:NORTHAMPTON
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
a linear feet b. linear feet
a. square feet b. square feet
a. square feet b. square feet c. square feet d. square feet
a. square feet b. square feet
c. c/y dredged d. c/y dredged
a. square feet b, square feet c. square feet d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
c. c/y dredged d. c/y dredged
a. square feet b. square feet
22,
F Restoration/Enhancement (For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c & d or B.17.c & d above, please entered the additional amount here.
a. square feet of BV W b. square feet of Salt Marsh
23.
F Streams Crossing(s)
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shalt be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or
invasion of private rights.
1 This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
aptly
Page 4 of 9 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDFP•
MassDEP File #:246 -0680
eDEP Transaction #:703492
City/Town:NORTHAMPTON
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less than five
years, from the date of issuance. If this Order is intended to be valid for more than three years, the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including
but not limited to lumber, bricks, plaster, wire, Lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of
any of the foregoing.
8. This Order is not fmal until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken,
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become fmal and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
" Massachusetts Department of Environmental Protection"
[or 'MassDEP "]
File Number : "246- 0680"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form
8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15, 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 Order at reasonable hours to evaluate compliance with the conditions stated in this
Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation,
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
Page 5 of 9 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:246 -0680
eDEP Transaction #:703492
Cityffown:NORTHAMPTON
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project ") is (1) E is not (2) F subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards, then the project is subject to the following conditions;
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and
best management practices (BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post - construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that: 1. all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction
BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii.
any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater
Standard 10; iv. all post - construction stormwater BMPs are installed in accordance with the plans (including all planting
plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in
proper working condition; v. any vegetation associated with post - construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance, Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ( "O &M Statement ") for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan ( "O &M Plan") and certifying the following: i.) the O &M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan,
d) Post - construction pollution prevention and source control shall be implemented in accordance with the long -term pollution
prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi- Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes
responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the
issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has
accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(0 through 19(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 19(0 through 19(k) with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more
than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement
fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O &M Plan,
and the requirements of the Massachusetts Stormwater Handbook,
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs,
maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission ( "Commission ") upon request, and
Page 6 of 9 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File 4:246 -0680
eDEP Transaction #:703492
City/fown:NORTHAMPTON
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O &M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal, state, and local laws and regulations.
Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the
MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered
without the prior written approval of the issuing authority.
I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constnicted around
stoimwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
)
j)
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? F Yes r No
2. The Conservation Commission hereb(check one that a lies :
a. F DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1, Municipal Ordinance or Bylaw 2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work, subject to the following
additional conditions.
NORTHAMPTON
1. Municipal Ordinance or Bylaw WETLANDS
ORDINANCE
2. Citation CHAPTER 337 OF THE
GENERAL CODE
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
THE COMMISSION FINDS THAT RESOURCE AREA IMPACTS ARE NOT ABLE TO BE QUANTIFIED, BUT THAT
THE PROJECT AS PROPOSED SHOULD HAVE LESS CUMULATIVE IMPACTS THAN PERIODIC POND
DREDGING. PLEASE REFER TO ATTACHMENT A FOR CONDITIONS
Page 7 of 9 * ELECTRONIC COPY
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
P, ed by MassDEP:
MassDEP Fil #
oR P Tra .a ion #
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance.
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Conservation Commission.
1\■bJ. a0, (3014
1. Date of Issuance
2. Numb of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to
the applicant. A copy must be mailed, hand delivered or filed electronically at the same time
with the appropriate MassDEP Regional Office.
Signatures:, ,t.wi
/4, 4 zo_0-2„, ta----- r
rii
-by hand delivery on
Date
by certified mail, return receipt
.uested, or
L c;016
Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting
the land subject to this Order, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate MassDEP Regional
Office to issue a Superseding Order of Conditions. The request must be made by certified
mail or hand delivery to the Department, with the appropriate filing fee and a completed
Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)
within ten business days from the date of issuance of this Order. A copy of the request shall
at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant, if he /she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a
Superseding Order, or providing written information to the Department prior to issuance of
a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified
in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent
with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a
municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act o7
regulations, the Department has no appellate jurisdiction.
wpa5sigs.dac• rev. 02/25/2010 Pal
Attachment A
1) Flushing /Mobilization /Sluicing Events:
a. Flushing events shall only occur when water flow exceeds 200 cubic -
feet /second, unless otherwise allowed by the Commission and the Division of
Fisheries and Wilidlife Management in writing.
b. Flushing events shall be limited to 4 out of 7 days.
c. NTUs (Nephpelometeric Turbidity Units) shall not exceed 200 for any 3
continuous days, unless otherwise allowed by the Division in writing after
submission of baseline data providing a statistical relationship between NTUs
and TSS (Total Suspended Solids).
2) Mussel Monitoring During and After Sluicing Event: The Applicant shall develop a
contingency plan in coordination with the Division to determine thresholds and
responses if harm to mussels or their habitat are observed during or shortly after
sluicing event. The contingency plan shall be submitted for review and approval at
least 60 days prior to initiation of the Phase II mobilization events.
3) Annual Written Report: The Applicant shall submit an annual written report to the
Commission summarizing the data collected in the previous phase. The report should
include the items listed in "6. Report results" (p.20) of the SMP with particular
emphasis on the riverine responses and observations. The report shall also include
conclusions from the data and detail about the specific goals for the next year's work.
The Division must approve the report prior to implementing the next phase of work.
Please note, that Division staff attendance at the annual symposium does not change
this requirement.
4) This authorization does not allow a "take ", as defined by 321 CMR 10.02, of the
state - listed species listed herein. Should a "take" occur as a result of the project, the
Division may require that the harm is remedied and or mitigated as required by 321
CMR 10.23(7) at our sole discretion.
5) The Division and the Commission shall be notified, in the form of an NHESP Rare
Animal or Plant Observation Form, by December 31 of the observation year of any
State - listed species within or outside the limits of work. Preferably, notification will be
through the Division's data submittal tool, the Vernal Pool 86 Rare Species (VPRS)
Information System. VPRS and our paper observations forms can be found at:
http: / /www.mass.gov /eea/ agencies /dfg /dfw/ natural - heritage f species-information-
and-conservation/report-rare-species /
6) Any reports, presentations, symposiums, or other written materials or products
developed using these data shall not disclose the location of state - listed species
observations unless specifically approved by the Division. Consultation with the
Division is required to determine what constitutes an appropriate representation of
state - listed species location information for general distribution.
ATTEST: HA.MPSHIBE