DOCSLIB.ORG

The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D. Baker GOVERNOR Tel: (617) 626-1000 Karyn E. Polito Fax: (617) 626-1081 LIEUTENANT GOVERNOR http://www.mass.gov/eea Kathleen A. Theoharides SECRETARY March 26, 2021 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME : Cobbs Pond Bedrock Source Development PROJECT MUNICIPALITY : Littleton PROJECT WATERSHED : Concord River EOEA NUMBER : 16309 PROJECT PROPONENT : Littleton Water Department DATE NOTICED IN MONITOR : January 6, 2021 Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G.L. c. 30, ss. 61-62I) and Section 11.06 of the MEPA regulations (301 CMR 11.00), I hereby determine that this project does not require an Environmental Impact Report (EIR). Project Description As described in the Environmental Notification Form (ENF), the project consists of construction of a new water supply source and a pump station adjacent to Cobbs Pond to supply additional drinking water in Littleton. Future water consumption estimates from the Water Capacity Analysis (completed in 2017) indicate the need for additional water to supply the Town of Littleton’s (Town) growing water demands due to increased population and industrial and residential development. The project is proposed to expand the sources of supply, improve water quality, and provide operational flexibility that will increase redundancy and resiliency in the municipal water supply system to meet future demand. The project includes the installation of three public drinking water bedrock wells referred to as the Cobbs Wells (Cobbs-1, Cobb-2, and Cobbs-3); a 1,000-square foot (sf) pump station which will process water from the three wells using chemical treatment; and approximately 1,100 linear feet (lf) of EEA# 16309 ENF Certificate March 26, 2021 water main from the pump station to the existing water distribution system on Nashoba Road. An existing gravel road, which will be paved, will provide access to the wellfield and pump station. The Proponent is seeking approval from the Massachusetts Department of Environmental Protection (MassDEP) of a new public groundwater supply source to withdraw up to 0.55 million gallons per day (MGD) of groundwater from the proposed site within the Concord River Basin. Permits and registrations issued by MassDEP’s Water Management Program authorize the Proponent to withdraw an average of 1.464 MGD from six active wells (combined maximum daily approved rate of 2.21 MGD) in the Merrimack River Basin under the Water Management Act (WMA). Actual annual average and maximum withdrawals from 2012 to 2016 ranged from 0.90 to 1.10 MGD and from 1.71 to 1.88 MGD, respectively. Unaccounted for Water (UAW) ranged from 10 to 16 percent and residential per capita usage ranged from 52 and 63 gallons per day (gpd) during that same period. The Proponent is not applying for an increase in its total authorized withdrawal nor expansion of the public water system distribution area. Project Site The 7.8-acre project site is located off Cobbs Lane and includes two Town-owned parcels which abut and form the southern shoreline of Cobbs Pond. It consists mainly of forested watershed associated with Cobbs Pond and wetlands. Specifically, the parcels are owned by the Littleton Conservation Commission (LCC) and are subject to a Conservation Restriction (CR) that is held by the Littleton Conservation Trust (LCT), which is a private non-profit entity. The ENF identifies an easement on these parcels for water supply purposes (to be used for water supply and distribution), which is managed and controlled by the Littleton Water Commissioners. The site is accessed from Cobbs Lane. The site contains the three installed test wells (Cobbs-1, Cobbs-2, and Cobbs-3), which will be the final production wells, and a gravel access road. The proposed wellfield is located within the Concord River Basin. The proposed wells will pump groundwater from the bedrock aquifer. The proposed 400-foot Zone I radii for the wells are currently owned by multiple private and public entities. The Cobbs Wells are located adjacent to Cobbs Pond. Nagog Pond, an Outstanding Resource Water (ORW), is located approximately 1,500 feet to the southeast. A Coldwater fishery (CWF) stream located approximately 2,000 feet southwest of Cobbs-1 flows into Nagog Pond. Five Certified Vernal Pools are located approximately 1,000 to 1,500 feet west and northwest of the Cobbs Wells. The Proponent operates six water supply wells at Spectacle Pond, Beaver Brook, and Whitcomb Avenue, all of which are active. Environmental Impacts and Mitigation Environmental impacts associated with the project include alteration of less than one acre of land; creation of less than one acre of impervious area; alteration of approximately 1,000 sf of buffer zone to Bordering Vegetated Wetlands (BVW); construction of 0.3 miles of water mains; and withdrawal of up to 0.55 MGD of water at a new source. As described more fully below, the project will require conversion of Article 97 land in order for the Proponent to gain control of the approximately 21- acre Zone I area. Temporary impacts are associated with the construction period. Measures to avoid, minimize and mitigate environmental impacts include avoiding direct impacts to wetland resource areas, use of an existing access road, and sedimentation and erosion controls during construction. 2 EEA# 16309 ENF Certificate March 26, 2021 The effects of climate change, including changes in precipitation and increases in temperatures may affect the Town’s water supply over time. The Town participates in the Municipal Vulnerability Preparedness (MVP) grant program. The MVP program is a community-driven process to define natural and climate-related hazards; identify existing and future vulnerabilities and strengths of infrastructure, environmental resources and vulnerable populations; and develop, prioritize and implement specific actions the Town can take to reduce risk and build resilience. Permitting and Jurisdiction The project is subject to MEPA review and preparation of an ENF pursuant to 301 CMR 301 CMR 11.03(1)(b)(3) and 301 CMR 11.03(4)(b)(1) because it requires an Agency Action and it will result in conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts (Article 97) to any purpose not in accordance with Article 97 and will result in a new withdrawal or expansion of withdrawal of 100,000 or more gpd from a water source that requires new construction for the withdrawal. The project requires the following permits from MassDEP: • Approval of Pumping Test Report for Source of 70 gallons per minute or greater (BRP WS 19); • Approval to construct a source of 70 gallons per minute or greater (BRP WS 20); • Approval to construct a Water Treatment Facility of 200,000 gpd or more and less than 1 MGD (BRP WS 23C); • Sale or Acquisition of Land for Water Supply Purposes (BRP WS 26); • Water Management Withdrawal Permit (BRP WM 03). The project will require an Order of Conditions from the LCC (or in the case of an appeal, a Superseding Order of Conditions (SOC) from MassDEP). If the project construction activities disturb one or more acres of land, the project will require a National Pollutant Discharge Elimination System (NPDES) Stormwater General Permit for Construction Activities from the U.S. Environmental Protection Agency (EPA). Because the Proponent is not seeking Financial Assistance from the Commonwealth for the project, MEPA jurisdiction extends to those aspects of the project that are within the subject matter of required or potentially required Agency Actions and that may cause Damage to the Environment as defined in the MEPA regulations. Review of the ENF The ENF includes a description of the project, project plans, an alternatives analysis, the Permit Application for Approval of the Pumping Test (August 25, 2017), and the Source Final Report (August 12, 2020). It identifies measures to avoid, minimize and mitigate project-related impacts. The Proponent submitted supplemental information on February 8, 2021 to respond to comments and requests for additional information identified at the MEPA virtual site visit on January 19, 2021; March 16, 2021 to respond to comments from the Town of Concord (dated March 1, 2021); March 16, 2021 to provide a framework in which to achieve compliance with the Zone I requirements pursuant to the Drinking Water Regulations; and March 25, 2021 to respond to supplemental comments from the Town of Concord (dated March 18, 2021). 3 EEA# 16309 ENF Certificate March 26, 2021 I acknowledge the comments from the Town of Concord which identify concerns with the analysis presented in the ENF regarding the potential impact of the project on Concord’s WMA Registration, particularly with regards to the Massachusetts Supreme Judicial Court (SJC) decision on rights to the waters of Nagog Pond by the Towns of Littleton, Acton, and Concord.1 However, based on a review of the ENF, supplemental information, and comment letters, I do not find that a discretionary EIR is warranted. I note that the issuance of this Certificate does not signify the conclusion of the public engagement process for this project. The WMA and New Source Approval review processes include additional opportunities for public review and comment and MassDEP has sufficient regulatory authority to address outstanding issues during permitting. MassDEP comments do not recommend further MEPA review. Alternatives Analysis According to supplemental information, the Proponent conducted an extensive test well exploration program in the 1980s, at which time the Spectacle Pond well was identified as a new source and is now the Proponent’s largest producer of water. While the program also identified a number of other moderately favorable sites, these had minimal yield.
Load more

Recommended publications
  • The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
    Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A.
    [Show full text]
  • Official List of Public Waters
    Official List of Public Waters New Hampshire Department of Environmental Services Water Division Dam Bureau 29 Hazen Drive PO Box 95 Concord, NH 03302-0095 (603) 271-3406 https://www.des.nh.gov NH Official List of Public Waters Revision Date October 9, 2020 Robert R. Scott, Commissioner Thomas E. O’Donovan, Division Director OFFICIAL LIST OF PUBLIC WATERS Published Pursuant to RSA 271:20 II (effective June 26, 1990) IMPORTANT NOTE: Do not use this list for determining water bodies that are subject to the Comprehensive Shoreland Protection Act (CSPA). The CSPA list is available on the NHDES website. Public waters in New Hampshire are prescribed by common law as great ponds (natural waterbodies of 10 acres or more in size), public rivers and streams, and tidal waters. These common law public waters are held by the State in trust for the people of New Hampshire. The State holds the land underlying great ponds and tidal waters (including tidal rivers) in trust for the people of New Hampshire. Generally, but with some exceptions, private property owners hold title to the land underlying freshwater rivers and streams, and the State has an easement over this land for public purposes. Several New Hampshire statutes further define public waters as including artificial impoundments 10 acres or more in size, solely for the purpose of applying specific statutes. Most artificial impoundments were created by the construction of a dam, but some were created by actions such as dredging or as a result of urbanization (usually due to the effect of road crossings obstructing flow and increased runoff from the surrounding area).
    [Show full text]
  • STATE of MAINE EXECUTIVE DEPARTMENT STATE PLANNIJ'\G OFFICE 38 STATE HOUSE STATION AUGUSTA, MAINE 043 3 3-003Fi ANGUS S
    MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) Great Pond Tasl< Force Final Report KF 5570 March 1999 .Z99 Prepared by Maine State Planning Office I 84 ·State Street Augusta, Maine 04333 Acknowledgments The Great Pond Task Force thanks Hank Tyler and Mark DesMeules for the staffing they provided to the Task Force. Aline Lachance provided secretarial support for the Task Force. The Final Report was written by Hank Tyler. Principal editing was done by Mark DesMeules. Those offering additional editorial and layout assistance/input include: Jenny Ruffing Begin and Liz Brown. Kevin Boyle, Jennifer Schuetz and JefferyS. Kahl of the University of Maine prepared the economic study, Great Ponds Play an Integral Role in Maine's Economy. Frank O'Hara of Planning Decisions prepared the Executive Summary. Larry Harwood, Office of GIS, prepared the maps. In particular, the Great Pond Task Force appreciates the effort made by all who participated in the public comment phase of the project. D.D.Tyler donated the artwork of a Common Loon (Gavia immer). Copyright Diana Dee Tyler, 1984. STATE OF MAINE EXECUTIVE DEPARTMENT STATE PLANNIJ'\G OFFICE 38 STATE HOUSE STATION AUGUSTA, MAINE 043 3 3-003fi ANGUS S. KING, JR. EVAN D. RICHERT, AICP GOVERNOR DIRECTOR March 1999 Dear Land & Water Resources Council: Maine citizens have spoken loud and clear to the Great Pond Task Force about the problems confronting Maine's lakes and ponds.
    [Show full text]
  • Coastal Resources Element 2.2
    Coastal Resources Element 2.2 Inventory The Coastal Resources inventory identifies and summarizes a variety of Falmouth’s beaches, coastal banks, shellfish beds, commercial waterfronts, harbors, access points and coastal facilities. Detailed and specific coastal resource information, such as the Shellfish Management Plan and The Future of Falmouth’s South Shore, are found in various Town Hall departments. Shellfish Beds & Habitat Areas The majority of Falmouth’s tidal ponds and rivers are seasonally approved for the harvest of shellfish from November thru April on an annual basis, with each water-body having various quantities of quality shellfish habitat. Areas open for year-round harvest vary from year to year and are more limited in scope, but typically consist of locations in Waquoit Bay, Bournes Pond, Little Harbor (Woods Hole), Great Harbor (Woods Hole), Quissett Harbor and Megansett Harbor. Shellfish resource habitat maps highlight these water-bodies and are available at the Town of Falmouth Shellfish Department and the Conservation Commission office. The significant shellfish habitat areas are as follows: The Megansett Harbor area (1,049 acres) has significant populations of seeded quahogs, clams and oysters as well as occasional populations of bay scallops. West Falmouth Harbor (201 acres) is a significant resource for quahogs, soft-shell clams, oysters and scallops. The scallop population has been recently improved due to a local scallop program executed by the Shellfish Constable. Great Sippewissett Marsh (29 acres) has pockets of clams and quahogs, but has been experiencing degradation in water quality from runoff and septic systems, which has led to a prohibition on shellfishing.
    [Show full text]
  • Gleason Leonard Archer Correspondence Gleason Leonard Archer 1880-1966
    Maine State Library Maine State Documents Maine Writers Correspondence Maine State Library Special Collections 10-31-2014 Gleason Leonard Archer Correspondence Gleason Leonard Archer 1880-1966 Henry Ernest Dunnack 1867-1938 Maine State Library Hilda McLeod Maine State Library Hilda McLeod Jacob Maine State Library Follow this and additional works at: http://digitalmaine.com/maine_writers_correspondence Recommended Citation Archer, Gleason Leonard 1880-1966; Dunnack, Henry Ernest 1867-1938; McLeod, Hilda; and Jacob, Hilda McLeod, "Gleason Leonard Archer Correspondence" (2014). Maine Writers Correspondence. 91. http://digitalmaine.com/maine_writers_correspondence/91 This Text is brought to you for free and open access by the Maine State Library Special Collections at Maine State Documents. It has been accepted for inclusion in Maine Writers Correspondence by an authorized administrator of Maine State Documents. For more information, please contact [email protected]. ARCHER, Gle&son Leonard Great Pond, Maine Oct. 29, 1880 GLEASON L.ARCHER, educator, author; b. Great Pond, Me., Oct. 29, 1880; s. John S. a,nST Frances M. (Williams) A.; grad. high sch., Sabbatus, Me., 1902; student Boston U., 1902-04; LL.B. from law dept. same, 1906; LL.D., Atlanta Law Sch., Atlanta, Ga., 1926: m. Elizabeth G. Snyder of Gilbertville, Mass., Oct. 6, 1906; children - Allan F., Marian G., Norman B. (dec.), Gleason. L. Admitted to Mass. bar, 1906, founded the Suffolk Law Sch. same yr., since dean, treas., and trustee; founded Suffolk Coll. of Liberal Arts, 1934,
    [Show full text]
  • Permissive Trespass." We Shall Use the Term "Permissive Indians and European Seulers
    MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from electronic originals (may include minor formatting differences from printed original) Natural ACCESS TO COASTAL AND Resources INLAND WATERS Highlights The Public Use of Private Land An infonnation digest pre­ Maine is different from other states in the United States, and one of the key differences has to do with pared and distributed by the the access Maine people and out-<Jf-state visitors have to the state's water resources. Maine has: UNIVERSI1Y OF MAINE • a great abundance of marine, lake, and river resources; COOPERATIVE EX1EN­ a small resident population; SION SERVICE the great bulk ofits land in private ownership; and THE LAND AND WATER RESOURCES CENTER, • a tradition of free and easy access across pri vate.lands. UNIVERSI1Y OF MAINE Will this unique combination of abundant resources and open access continue? As our sborelands THE MAINE MUNICIPAL gradually become developed, as recreation activities and tourism increase, and as traffic builds up on ASSOCIATION our roads, are we moving toward a time when private lands are closed off and the only public access we have will be that available on publicly owned lands? and Tbe answer to this last question is, most likely, No. Urban growth and tourism will undoubtedly THE MAINE/NEW RAMP SIDRE SEA GRANT continue. But as long as we can foresee, Maine people and out-of-state visitors will continue to rely, for their water access, on a muture of public and private lands.
    [Show full text]
  • Great Pond Improvement District
    Great Pond Improvement District Presented by: Marie V. Phelan Pullman & Comley, LLC Direct: (860) 424-4337 E-mail: [email protected] Date: August 22, 2011 © 2011 PULLMAN & COMLEY, LLC The Great Pond Improvement District • The Great Pond Improvement District will be a Special Taxing District. • It will be organized under the laws of the State of Connecticut (the “State”) including a special act that has been adopted by the legislature and signed by the governor. © 2011 PULLMAN & COMLEY, LLC A Special Taxing District • A Special Taxing District is an independent public entity subject to many State and Federal laws governing cities and towns including annual audit requirements and the State Freedom of Information Act. • It may provide services and infrastructure to property owners in a geographically defined area and finances those services by issuing bonds and levying taxes on people who live in the district. • There are well over 300 special taxing districts in Connecticut. © 2011 PULLMAN & COMLEY, LLC A Special Taxing District (cont.) • Special taxing districts have the authority to sign contracts with cities and towns, called interlocal agreements, to jointly conduct operations and services or to share facilities, personnel and revenue. • A special taxing district is created and run by the residents who live in the district and the owners of the property in the district. • People who own property in a special taxing district pay property taxes to the city or town in which it is located just like any other property owner in the city or town and also may pay taxes to the district to finance any services that the district provides to the district residents.
    [Show full text]
  • Maine Lakes Report 2012
    Maine Lakes Report 2012 Dear Friends of Maine Lakes, This report on the health of Maine lakes reflects the effort of more than 1,000 volunteer citizen scientists who monitored several hundred lake basins throughout the State in 2012. Many of them have been doing so continuously for decades, and a few have been involved for most of the 42 years since the Maine Legislature officially authorized volunteer lake monitoring. Their work is a strong testimony to the level of public commitment in Maine to our clear, clean lakes, and it is probably not coincidental that our lakes have remained as healthy as they have under the watch of these individuals. The Maine Volunteer Lake Monitoring Program (VLMP) is believed to be the longest-standing statewide citizen lake monitoring program in America, having been formed at about the time of the passage of the historic Federal Clean Water Act. The Mission of the Maine Volunteer Lake Monitoring Program is to help protect Maine lakes through widespread citizen participation in the gathering and dissemination of credible scientific information pertaining to lake health. The VLMP trains, certifies and provides technical support to hundreds of volunteers who monitor a wide range of indicators of water quality, assess watershed health and function, and screen lakes for invasive aquatic plants and animals. In addition to being the primary source of lake data in the State of Maine, VLMP volunteers benefit their local lakes by playing key stewardship and leadership roles in their communities. Our primary partners are the Maine Department of Environmental Protection (DEP) and the US Environmental Protection Agency, which provide a wide range of financial, technical and management support to the program.
    [Show full text]
  • 2013 Maine Lakes Report
    Maine Lakes Report 2013 Dear Friends and Stewards of Maine Lakes, This report on the health of Maine lakes reflects the effort of more than 1,000 volunteer citizen scientists throughout Maine who monitored several hundred lake basins throughout the State in 2013. A growing number of VLMP lake monitors have been continuously active for multiple decades, and a few have been involved for most of the 43 years since the Maine Legislature officially authorized volunteer lake monitoring. Their work is a strong testament to the level of public commitment to Maine’s clear, clean lakes, and it is probably not coincidental that our lakes have remained as healthy as they have under the careful watch of these individuals. The Maine Volunteer Lake Monitoring Program (VLMP) is believed to be the longest- standing statewide citizen lake monitoring program in America, having been formed at about the time of the passage of the historic Federal Clean Water Act in 1971. The Mission of the Maine Volunteer Lake Monitoring Program is to help protect Maine lakes through widespread citizen participation in the gathering and dissemination of credible scientific information pertaining to lake health. The VLMP trains, certifies and provides technical support to hundreds of volunteers who monitor a wide range of indicators of water quality, assess watershed health and function, and screen lakes for invasive aquatic plants and animals. In addition to being the primary source of lake data in the State of Maine, VLMP volunteers benefit their local lakes by playing key stewardship and leadership roles in their communities. Our primary partners are the Maine Department of Environmental Protection (DEP) and the US Environmental Protection Agency, which provide a wide range of financial, technical and management support to the program.
    [Show full text]
  • THE WATUPPA PONDS CASES Deborah K
    Western New England Law Review Volume 17 17 (1995) Article 2 Issue 1 1-1-1995 REFLECTIONS ON TAKINGS: THE WATUPPA PONDS CASES Deborah K. Paulus Follow this and additional works at: http://digitalcommons.law.wne.edu/lawreview Recommended Citation Deborah K. Paulus, REFLECTIONS ON TAKINGS: THE WATUPPA PONDS CASES, 17 W. New Eng. L. Rev. 29 (1995), http://digitalcommons.law.wne.edu/lawreview/vol17/iss1/2 This Article is brought to you for free and open access by the Law Review & Student Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Western New England Law Review by an authorized administrator of Digital Commons @ Western New England University School of Law. For more information, please contact [email protected]. REFLECTIONS ON TAKINGS: THE WATUPPA PONDS CASES DEBORAH K. PAULUS* Introduction. 29 I. The Watuppa Ponds Cases . 34 II. What Is a "Great Pond?" . 35 III. Watuppa I ........................... ~ . 37 IV. The "Watuppa Nuisance" Case ....................... 40 V. Watuppa II. 42 A. The Proposed Water Bill ......................... 47 B. The Exchange of Articles in Harvard Law Review . ............................ ; . 52 C. The Fall River Weavers' Strike ................... 58 VI. Watuppa III. 64 VII. Afterwards............................................ 68 Conclusion .. 71 INTRoDucnoN Regulations with important public purposes sometimes take away the value of a citizen's property no less completely than if the government had physically confiscated it. The United States Supreme Court has often wrestled with, but never subdued, the question of how far a regulation has to go before it becomes a tak­ ing of property sufficient enough to require just compensation under the Fifth Amendment of the United States Constitution.1 • J.D.; Reference Librarian, New York Law School Library, N.Y., N.Y.
    [Show full text]
  • Torbay Great Pond Study Draft Report February 2021
    DRAFT GREAT POND STUDY Submitted to: Town of Torbay 1288 Torbay Road P.O. Box 1160 Torbay, NL A1K 1K4 Submitted by: Wood Environment & Infrastructure Solutions, a Division of Wood Canada Limited 133 Crosbie Road PO Box 13216 St. John’s, NL A1B 4A5 25 February 2021 Wood Project #: TF1969415 IMPORTANT NOTICE This report was prepared exclusively for Town of Torbay by Wood Environment & Infrastructure Solutions, a Division of Wood Canada Limited (Wood). The quality of information, conclusions and estimates contained herein is consistent with the level of effort involved in Wood’s services and based on: i) information available at the time of preparation, ii) data supplied by outside sources and iii) the assumptions, conditions and qualifications set forth in this report. This report is intended to be used by Town of Torbay only, subject to the terms and conditions of its contract with Wood. Any other use of, or reliance on, this report by any third party is at that party’s sole risk. Environment & Infrastructure TM-ADMIN-04-13 Town of Torbay Great Pond Study (Draft) Wood Project #: TF1969415 25 February 2021 TABLE OF CONTENTS 1.0 INTRODUCTION ................................................................................................................................................................... 5 1.1 Background............................................................................................................................................................ 5 2.0 SCOPE OF WORK ................................................................................................................................................................
    [Show full text]
  • Will of Daniel Byrnes,Jr
    1 From Files in Courthouse of Kingston,NY. Will of Daniel Byrnes,Jr. May 27, 1797 This is the Last Will and Testament of me, Daniel Byrnes of the town of New Windsor in the County of Ulster and State of New York. I do give and devise unto my wife Dinah and her assigns all the one equal…. Half part or moiety of all that lot and land situate in the town of New Windsor aforesaid where there is a grist mill which lot is a part of a tract of one hundred acres of land formerly granted and conveyed by Nathan Smith to Robert Boyd and George Harris and is particularly described in a certain deed of conveyance thereof executed by Isaac Schultz and Mary his wife to me the said Daniel Byrnes which deed bears date the twenty sixth day of July one thousand seven hundred and ninety. To have and to hold all the one equal undivided half part or moiety of the said lot of land and tenements with the appurtenances unto my said wife Dinah and her assignees during the term of her natural life and from and immediately after her decease. I give and devise the same one equal undivided half part of moiety of the said lot of and other the tenements and appurtenances aforesaid unto my son Caleb, his heirs and assigns. To have and to hold the same after the decease of my said wife Dinah unto and to the use of my vaial[sic] son Caleb his heirs and assigns forever.
    [Show full text]