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24B-42 Barrett Street Beaver DamImportant: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. ur _Vd WPA Emergency Certification 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 A. Emergency Information Northampton Issuing Authority Barrett Street, Northampton Issuance From: 1. Site Location: 2 Reason for Emergency: Beaver Dam threatening entire Barrett Street structure and associated pipes 3. Applicant to perform work: City of Northampton 4. Public agency to perform work or public agency ordering the work to be performed: Northampton Conservation Commission 5. Date of Site Visit: November 12 6. Work to be allowed Start Date: November 16, 2009 Breach Beaver Dam to maintain lower water level, install beaver deceiver pipe May not indude work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. Signatures: Chairman (or designee) Date A copy o his form must be End Date December 16, 2009 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 oiLhazardous material release. 1 AO. tow- a ya rovided to the appropriate DEP Regional Office. Page 1 of 2 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 All work under the direct supervision of the conservation commission or its agent 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. 01131/0 PLANNING AND DEVELOPMENT CITY OF NORTHAMPTON planning conservation zoning northampton GIS historic community preservation central business architecture Northampton Conservation Commission 210 Main Street, Room 11 Northampton, MA 01060 RE: Barrett Street Marsh Beaver Dam Dear Conservation Commissioners: Wayne Feiden, FAICP, Director of Planning and Development Wfeiden©NorthamptonMA.gov 413 587 -1265 November 12, 2009 On behalf of the City of Northampton, we would like to request permission to notch the Barrett Street Marsh Beaver Dam and install a beaver deceiver, using the design that the Conservation Commission has previously approved. We want to preserve beaver habitat and beaver populations, but during major storm events the current beaver dam level threatens the entire portion of Barrett Street, and its associated underground utilities, which are located downstream of the dam. Thank you for your consideration. Sincerely, Wayne Feiden, FAICP Director of Planning and Development City Hall 210 Main Street, Room 11 Northampton, MA 01060 www.NorthamptonMa.gov Fax 413 587 -1264 original printed on recycled paper