Final Documents, Chickley River Issue

The following links will allow the reader to download the completed documents issued by the Massachusetts State Department of Environmental Protection (DEP) and/or the Town of Hawley and ET&L Corp. regarding the allegedly non-compliant restoration work done on the Chickley River in West Hawley subsequent to the massive damage and flooding inflicted by Hurricane Irene.

These are by no means all of the documents generated in regard to these issues, but they do represent the agreements that establish and settle the claims of the Massachusetts DEP, the Town of Hawley and ET&L Corp. relating to that set of events. These documents also satisfy the claims that could have been made by the Department of Fish and Wildlife – Natural Heritage Endangered Species Program and Cold Water Fisheries; US EPA; US Army Corps of Engineers; and several private agencies.

Please note that each of these documents is a relatively large file that may be difficult to download if you use dialup or if your internet service is slow. File sizes are included with the document descriptions below. All are .pdf files, so you will need to have Adobe Reader or some similar program running on your computer in order to display and read them.

Click on the Document Name in order to download the particular item described.

Document Name File Size Description
872 kb
Official title of this document: “Administrative Consent Order and Notice of Noncompliance.” Issued by the Massachusetts Department of Environmental Protection (DEP) on or about October 12, 2012, it documents the charges brought by the DEP against the Town regarding the Chickley reconstruction and the penalties – in the form of actions and payments to be taken/made by the Town to resolve the issue.
2.00 MB

Official Title of this Document: “Final Decision.” Issued by the Department of Environmental Protection (DEP) on or about October 14, 2012. The document is an official acceptance by the DEP of the terms and conditions relayed in the other three documents that are a part of this group as they relate to ET&L Corp., along with an “Administrative Consent Order with Penalty and Notice of Noncompliance” aimed at ET&L Corp., and some additional stipulations regarding details of river restoration, etc.

NOTE – This is a very large file that contains multiple addenda.

697 kb
Official Title of this Document: “Settlement Agreement and Release.” This is an agreement between the Town of Hawley and ET&L Corp. whereby the Town agrees to share the impact of certain liabilities and penalties with ET&L Corp. in order to avoid a broader lawsuit based on ET&L Corp.’s contention that it did the work on the Chickley River under the Town’s specific direction. Per the provisions of this Agreement, the Town is conditionally released from further liability to ET&L Corp.
NOTE: The next eight downloads are all parts of the Restoration Plan that has been put in place for the ChickleyRiver.
386 kb

Official Title of this Document: “Restoration Plan for the Chickley River in Hawley, MA,” prepared for ET&L Corp. by John Field of Field Geology Services of Farmington, ME, an environmental consulting firm specializing in stream restoration. The document lays out a detailed plan that ET&L Corp. has agreed to follow, with the concurrence of all other participating agencies, in bringing the Chickley River back to an environmentally-acceptable state of equilibrium.

NOTE: This is the largest of all the documents, and contains text, charts, graphs and high-resolution photographs. It is presented in eight parts to facilitate download.

4.7 MB
6.4 MB
7.3 MB
4.2 MB
7.3 MB
5.5 MB
5.2 MB

Go to Supplemental Chickley Documents.