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Home My WebLink AboutMiscellaneous - 12 Carriage Chase;99 Coachmens Lane _JI;L CARR i� CI1h5e q1 q CoAc hjje MS 1 i r i Town of North Andover O'*SL10 16 Rar w Office of the Conservation Department a� •�" ' "` Community Development and Services Division 49 00 ti 'j! s 47,ay 3 27 Charles Street -�ssac ,s�c4 North Andover,Massachusetts 01845 Julie Parrino Telephone (978)688-9530 Conservation Administrator Fax(978)688-9542 November 29,2002 North Andover Department of Public Works 384 Osgood Street North Andover, MA 01845 Att:john Cyr RE:Emergency Certification Permit Dam on Town Farm Property downgradient of driveway at 12 Carriage Chase. Dear Mr. Cyr: Enclosed is an Emergency Certification Form issued by the North Andover Conservation Department(NACC)permitting the breaching of a beaver dam in the stream channel located on the downstream end of the culvert under Paul Stewart's property at 12 Carriage Chase. As you are aware,the property has been occupied by a beaver population for many years. Mr.Stewart has recently replaced the beaver deceiver upgradient of his driveway culvert. Mike Callahan of Beaver Solutions has recommended that we continue to monitor the beaver activity prior to the installation of a beaver deceiver downgradient of Mr.Stewart's driveway. As a result of his recommendations,we must continue to breach the downstream dam to relieve the flooding under Mr.Stewart's driveway. Mr.Stewart has volunteered to help with the breaching activities and this permit will authorize his involvement in the dam maintenance. .The dam will continue to be maintained until Beaver Solutions recommends that a water flow device be installed. Breaching activities must be conducted in accordance to the attached special conditions. Please feel free to contact me if you have any questions. Sincerely, J Parrino;Cons rvation Administrator cc: Board of Health DEP DF&W Paul Stewart BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r i 1 i SPECIAL CONDITIONS 1. Limited breaching of a beaver dam on an as needed basis to relieve immediate flooding threats. Breaching activities should be limited to 6 to 8 inches at a time. The dam must be routinely inspected and breached to prevent downstream flooding. 2. 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. 3. 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. 4. This permit is valid from November 29, 2002 until a water flow pipe is installed. 5. Additional work beyond the activities permitted in this Emergency Certification must be approved by the North Andover Conservation Commission. 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: When filling out Issuance From: forms on the North Andover Conservation Commission computer, use Issuing Authority only the tab key to move 1. Reason for Emergency: your cursor do not use the Breaching'of a beaver dam in a stream channel to alleviate flooding to the adjacent property return key. owners'driveway (12 Carriage Chase Road). 2. Public agency to perform work or public agency ordering the work to be performed: Issued to North Andover Dpt. of Public Works from the Conservation Commission 3. Date of Site Visit: Start Date: End Date*: 11/29/02 11/29/02 Until Long Term Plan is Implemented *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. 4. Work to be allowed*: Breaching of the beaver dam within the brook channel on the downstream end of the culvert under the abutting driveway Road. Breaching to be conducted on an as needed basis and must be conducted slowly to alleviate downstream flooding. *May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Eme ncy b is Issuing Authority. ftrlatur Chai an(or designee' Dat A copy of this form must be provided to the appropriate DEP Regional Office. WPA Fm—nen—C.—ifi"tinn Panr.1 of 2 Massachusetts Department of Environmental Protection 1 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 E. Appeals TOe Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any worts 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 shallbe 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 Fmrrovn—COifi—liinn . Panr.�>nt 2 g Gi�1fP 10.99 12 Carriage Chase Rd and 310 99 Coachman's Lane Form 5 oEP F;te r,o, [_242.811 (lo to vw.s.ti try UEI11 Cily,Tawn North Andover Commonwealth of Massachusetts xaol,ca„r No: Andover Dept. of Public Work: Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 and under the Town of North Andover' s Bylaw Chapter 3 .5 From NORTH ANDOVER CONSERVATION COt-!.`USSIUN North Andover Department of Public Works Refer to Plan of Record To (Name of Applicant) (fdarrle of prooerly owner) 384 Osgood Street No. Andover MA 01845 Address ddress This Order is issued and delivered as follows: C1 by hand delivery to applicant or representative on [chis) x certified mail, return receipt requested on June 10, 1996 (datsl by + 12 Carriage Chase Road and 99 Coachman's Lane (his project is located at an easement from the end of Carriage Chase Road to Coachman's J-ane The property is recorded at the Registry of No Book 3952 Page 95-97 Certificate (ii registered) The NQ'i:.e c; ;,ter,t far this project was filed on May 3, 199b _ (dale) The public.hearing was closed ori May 15, 1996 (date) Findings The North Andover Conservation Commission has revievied the above•reler,?riced tlolicE? of Intent and plans and has held a public hearing on the project. Based on the Information aiail,-late to Use NACC _ has delerrtlmed tl,;it at this time. the _��r•r• the area on which the proposed work is to be done is signilicant to the tolloviing inler9sts in accafOnf'=e vit11 the Presumptions of Significance orth in the re ulatlons !or each Area Sublect to ProtectIOP Cinder tile Un. ��1(11 78 Recreation V Act (check as appropriate): Ch-178: Prevention of Erosion & Sedimentation Ch. 178 Wildlife 0 Land containing shellfish Pubiic water supply Flood control Private water supply Storm damage pfevention Fisheries Ground water supply Prevention of pollution Protection of wildlife habitat Fee exempt Slate Sharr. N/A _ Total Filing Fee Submitted (!- IPP if, excess of S23) [T Yin Share N/A - _.`por Stale Portion S C'itvrTown Fortiori S