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HomeMy WebLinkAboutHealth Permit # 7/15/2005 10-DAY EMERGENCY BEAVER OR MUSKRAT PERMIT Name: Permit No. Address: 1-I5 i4c-1I1 , , t r- 1 �., tiJ A�- JvvL.— /1/1A Authorized Agent Name(if applicable): Jal, r r ttz Complaint Location: In accordance with and pursuant to provisions contained in chapter 131 of the Massachusetts General Laws section 40, 80A and 321 Code of Massachusetts Regulation 2.08 and 10.00 (Wetlands Protection Act), the permittee(s) above named may immediately remedy the threat to human health and safety by one or more of the following options: 'the use of conibear or box or cage-type traps for the taking of beaver or muskrat, subject to the regulations promulgated by the Division of Fisheries and Wildlife(see back) the breaching of dams, dikes, bogs or berms, so-called* (c) employing any non-lethal management or water-flow devices* *If the permittee chooses option(s)b and/or c,he/she must appear before the local conservation commission to obtain an emergency certification regarding specifications for breach size and/or water- flow device installation in accordance to M.G.L. c. 131, s. 40(Wetlands Protection Act). The Board of Health has determined that said beaver or muskrat problem poses a threat to public health and safety as stated in M.G.L. c.131, s.80A, Specify: &J a+.., 1,,, j ; < x t -�L- � �1 /L r i, r L7f Board of Health Official Name: S z Board of Health Official Signature: Date: 7 /1 OS The above signature validates this permit for 10 consecutive days from the date shown for option (a) only. If the permittee chooses options(b) and/or(c), he/she must return to the Board of Health for a final signature after obtaining an emergency certification from the conservation commission. Please attach the emergency certification to this permit and return to the Board of Health 'or final approval. (See Back) This permit is valid for 10 consecutive days from the date of the final Board of Health signature. Board of Health Official Name: e- Board of Health Official Signature: Date: -711-51,05 This permit does not allow permittee(s)or their authorized agent to trespass on private property. This permit or a copy thereof shall be carved on the person of any individual exercising the authority thereof and shall be shown upon request if challenged by any local or state law enforcement officer empowered to enforce the provisions of M.G.L. c. 131. Massachusetts Division of Fisheries and Wildlife trapping regulations Permittee(s) may destroy problem forbearing mammals (named above) by means of a body gripping trap or by means of a box or cage type trap including Hancock or Bailey traps for catching beaver. The pan of Hancock and Bailey traps must be submerged in water. Problem forbearing mammals that are captured alive shall be disposed of by destruction in a humane manner. Body gripping traps with a jaw spread not less than 4 inches and not greater than 7 inches or body gripping traps with a jaw spread not less than 6 inches and not exceeding 10 inches for the trapping of beaver only, may be used if such traps are completely submerged in water. The placement of traps in reference to the proximity of the beaver lodge or beaver dam is unrestricted, but the disturbance or destruction of the beaver lodge or beaver dam is strictly prohibited unless otherwise authorized. Permittee(s) taking problem forbearing mammals, on the property of another, by means of a trap shall possess a valid Massachusetts trapping license and traps shall be registered according to M.G.L. c. 131, s. 80. Said problem forbearing mammals(named above), their carcasses or parts thereof may be retained by the permittee, sold, bartered, or exchanged for consideration during the open regulated harvest season for that species. Sealing of beaver pelts is required. Disposition of all carcasses obtained from the incidental capture of furbearing mammals not authorized by this permit must be surrendered to the District Wildlife Manager of the Division of Fisheries and Wildlife having jurisdiction in the town where the forbearing mammal was taken. Town of North Andover kO oTH Office of the Conservation Department FO? dot� kk Oop Community Development and Services Division 400 Osgood Street issAcµustt North Andover,Massachusetts 01845 Telephone(978)688-9530 Fax(978)688-9542 Alison McKay Conservation Administrator July 14, 2005 Brian& Anne Feeney 45 Hollow Tree Lane North Andover., MA 01845 RE: Emergency Certification for Beaver Dam Breach at 45 Hollow Tree Lane Dear Mr. & Mrs. Feeney: Enclosed is an Emergency Certification Form issued by the North Andover Conservation Department permitting the limited breach of a beaver dam located at your property by the hired professional, Mr. John Benedetto. This limited breaching of the beaver dam was in response to your concern that the beaver ponding created by the dam was causing flooding concerns into your yard and in close proximity to your home. The Board of Health has determined that the aforementioned flooding conditions are in fact a threat to human health and safety and has issued a 10-day emergency permit to immediately alleviate the threat. If the problems are not alleviated over the next 10 days, you may request in writing for a 10-day extension permit. Limited breaching of the dam, as conditioned in the attached permit, must be carefully conducted so as to prevent downstream flooding; impacts to the wildlife habitat located upstream and downstream, including the created beaver habitat; and changes to the hydrology of the wetland resource area. Please feel free to contact me if you have any further questions or concerns in this regard. Sincerely, lison E. McKay Conservation Administrator CC: Board of Health DEP DF&W GUARD OF APPEALS 688-9541 BUILDWG 688-9545 CONSERVA'T'ION 688-9530 1IEAL'rt1 688-9540 PLANNING 6.88-9535 SPECIAL CONDITIONS 1. No breaching of the dam shall occur during and/or following a major storm event(.6 inches or greater of rainfall). Further, no breaching shall occur unless a rain event as described above has adequately infiltrated (resulting in a lower water table). 2. Limited breaching of the dam must be carefully conducted so as to prevent downstream flooding; impacts to the wildlife habitat located upstream and downstream, including the created beaver habitat; and changes to the hydrology of the wetland resource area. In as such, breaching activities shall only occur in locations in which the impact to downstream properties is least impacted (e.g. in locations near the stream outlet/inlet). 3. Limited breaching of the beaver dam shall occur by hand only. No mechanical machinery is allowed for the breaching activities. 4. Breaching of the dam must be limited to no greater than 2 feet in length and no greater than 6 inches in height unless otherwise authorized by the Conservation Department. The hired professional shall contact the Conservation Department if a larger breaching area is necessary. 5. This permit, or a copy thereof, shall be carried on the person of any individual exercising the authority thereof and shall be shown upon request to an agent of the conservation commission, any agent of the Department of Fisheries Wildlife and Environmental Law Enforcement or to any officer empowered to enforce the provisions of MGL Chapter 131. 6. The issuance of this permit does not authorize the individual receiving the permit to trespass upon private property to use that permit. If the dam is located on abutting properties, signed authorization from abutters permitting the breaching of the dam on their property must be submitted to the Conservation Department. 7. This permit is valid from July 15, 2005 to July 24, 2005 and is limited to the activities described above. 8. The Conservation Department shall be notified for an inspection upon completion of breaching activities to ensure that wildlife habitat and the hydrology of the wetland resource system have not been significantly impacted or altered. 9. Additional work beyond the activities permitted in this Emergency Certification must be approved by the North Andover Conservation Commission. Additional breaching of the dam must be authorized through an extension permit. 10.The applicant may request in writing for a 10-day extension permit. 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 Important: North Andover Conservation Commission When filling out Issuance From: Issuing Authority forms on the 45 Hollow Tree Lane computer, use 1. Site Location: only the tab key to move 2 Reason for Emergency: your cursor- do not use the To reduce and alleviate flooding impacts to an existing single family dwelling. Beaver related ponding return key. was observed to be in close proximity to the home at the time of the inspection. 3. Applicant to perform work: Mr. &Mrs Feeney 4. Public agency to perform work or public agency ordering the work to be performed: " John A. Benedetto 5. Date of Site Visit: Start Date: End Date*: 6/16/05 7/15/05 7/24/05 *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 oil/hazardous material release. 6. Work to be allowed*: Limited breaching of a beaver dam - see attached conditions *May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. Sign es: 4 7/14/05 Chairman(or designee) Date A copy of this form must be provided to the appropriate DEP Regional Office. Page 1 or 2 WPA Emorgency Certification Rev.11/01 LAMassachusetts 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 extension by the Issuing Authority. D. Special Conditions See attached cover letter 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.11101