north farms road emergency certification 2023.pdfMassachusetts 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
Important: When filling out Issuance From: Northampton Conservation Commission
Issuing Authority forms on the computer, use only the tab
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1. Site Location:North Farms Road Broad Brook Culvert Crossin-9.
2 Reason for Emergency:
Beaver Activit U stream of Culvert Crossin
3.Applicant to perform work:
4.Public agency to perform work or public agency ordering the work to be performed:
Northam ton De artment of Public Works
5.Date of Site Visit:
November 14, 2023
Start Date:
November 14, 2023
End Date*:
December 14, 2023
• 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.
6.Work to be allowed*:
Breaching of a beaver dam
*May not include work beyond that necessary to abate the emergency.
B.Signatures
Certified to be an Emergency by this Issuing Authority.
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November 14, 2023
Date
A copy of this form must be provided to the appropriate DEP Regional Office.
WPA Emergency Certifoca�on Rev 0\/3\/0
WPA Emergency Certification Rev. 01/31/0 Page 2 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 regulatorymeasures, shall be deemed cause to revoke or modify this Emergency Certification or subject toenforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does notauthorize 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 ofcomplying 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 toabate the emergency, shall require the filing of a Notice of Intent.
5. The Agent or members of the Conservation Commission and the Department of EnvironmentalProtection shall have the right to enter and inspect the area subject to this Emergency Certification atreasonable hours to evaluate compliance with this Certification, and may require the submittal of anydata 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 workauthorized 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
Dam Breaching shall be limited to hand-tools or boom excavator operated from the roadway surface.Equipment shall not be operated within the Brook or adjacent riverfront.This certification applies only to the beaver dam, excavation of any other matierial is rohibited.
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergencycertification issued by a conservation commission and any work permitted thereunder; a denial by aconservation commission of a request for emergency certification; or the failure by a conservationcommission to act within 24 hours of a request for emergency certification. Such review shall notoperate 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 conservationcommission of the emergency certification; denial by a conservation commission of the emergencycertification; or failure by a conservation commission to act within 24 hours of a request for emergencycertification. If certification was improperly granted, or the work allowed thereunder is excessive or notrequired to protect the health and safety of citizens of the Commonwealth, the Department may revokethe emergency certification, condition the work permitted thereunder, or take such other action as itdeems appropriate.