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Home My WebLink AboutMiscellaneous - 585 CHESTNUT STREET 4/30/2018 (2) (114 a Town of North Andover NORT#j Office of the Conservation Department Community Development and Services Division 27 Charles Street ��sSweEt� North.Andover,Massachusetts 01845 Julie Parrino Telephone(978)688-9530 Conservation Administrator Fax(978)68&9542 May 22,2003 Jeff&Kim Caple ,,3 OFfi�tr,?'.A;1;: 585 Chestnut Street ---— North Andover,MA 01845 . MAY 2 2 2003 RE:Emergency Certification g ? Chestnut Street Beaver Dam -- Dear Mr.&Mrs. Caple: �-- - Enclosed is an Emergency Certification Form issued by the North Andover Conservation Department(NACC) permitting the breaching of a beaver dam within Mosquito Brook adjacent to your property.Upon a site inspection conducted by this Department,it was observed that the dam is contributing to the flooding on your property.Please be aware that the Emergency Certifications issued by the North Andover Conservation Department and the North Andover Board of Health may only be a short term solution to the flooding problems. Limited breaching of the dam,as conditioned in the attached.permit,must be carefiilly 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 The NACC is currently working with a company"Beaver Solutions"which evaluates beaver occupied areas and develops a long term:management plan to minimize the waterlevels,while at the same timepreserve the beaver habitat. This-can be accomplished by the installation of beaver pipes or water flow devices.Mike Callahan of Beaver Solutions can be reached at 413 585-9145. Installation of these devices will require a permit from the North Andover Conservation Commission. Please feel free t contact me if ave any questions. Sincere , e: o,C tion Administrator oard of Health DEP DF&W BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i SPECIAL CONDITIONS 1. Limited breaching of a beaver dam as needed over the ten day period. Breaching is limited to a 5 foot length and 2 foot depth breach in order to prevent downstream flooding. The dam must be routinely inspected and breached slowly 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 May 22, 2003 to May 31,2003 and is limited to the activities described above. 5. Additional work beyond the activities permitted in this Emergency Certification must-be approved by the North Andover Conservation Commission. Additional breaching of the dam or installation of a water flow device must be authorized through an extension permit. 6. The applicant may request in writing for a 10 day extension permit. .DLIMassachusetts Department of Environmental Protection Bureau of.Resource Protection -Wetlands WP 4 Emergency Certification Form Massachuseds Wetlands Protection Act M.G.L. c. 131, §40 Biu A. Emergency Information Important: When filling out Issuance From: forms-on the North Andover Conservation Commission computer, use only the tab Issuing Authority key o move t, . Reason for Emergency: yourcursor- .do rot use the Breaching of a beaver dam to alleviate flooding onto private property return key. 2. Public agency to perform work or public agency ordering the work to be performed: .Issued by the North Andover Conservation Commission to Jeff Caple 3. Date of Site Visit: Start Date: End Date': 5/22103 5/22/02 5/34/03 •no faker than 30 days from start date or 60 days in the of an hrrrtwdlate ResponseAchona►p►vM by DEP to address an o'Vhezar+dous material rebase. 4. Work to be allowed': Breaching..of the beaver dam within the brook channel-Breaching must-be conducted slowly in order to prevent downstream flooding. 'May not include work beyond that necessary to abate the emergency. B. Signatures Certified to b Erne n by this Issuing Authority. Si atures: 2 designee Date A copy,of this foam must be provided to the appropriate DEP Regional Office. WPA Fm®rnenry rNnrttfiratinn - Pan®1 of 7 Massachusette Department of Environmental Protection [bureau of Resource Protection Wetlands pA 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 worts gmducted.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 wr members of the Conservation Commission and the Department of Environmental Protection i hall have the right to enter and inspect the area subject to this Emergency Certification at reasonablehours 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-meY be authorized beyond 30 days from the date of this certification without extension by the AAority. D. Speeiaf t Conditions See attached 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 Oommission 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 6f 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 FMPs.Pn,CPffiratinn - Pan.9 of 9 A a DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Tuesday, May 12, 2009 10:03 AM To: Hughes, Jennifer Cc: Sawyer, Susan Subject: FK Beaver Application Denial-585 Chestnut Street- Health Dept. Denial Attachments: SKMBT_60009051209491.pdf; image001.gif Hi Jennifer, This is a copy of the Beaver Application Denial from the Health Dept.dated 4/6/09. P ;D"eea Pamela DelleChiaie Health Department Assistant TOWN OF NORTH ANDOVER Health Department 1600 Osgood Street Building 20;Suite 2-36 North Andover,MA 01845 978.688.9540-Phone 978.688.8476-Fax pdeHcchiaie@townofnorthandover.com-E-mail http://www.townofnorthandover.com-Website Notes: ffcopied to BOH Members-Reference Copy Only-no response requested at this time From: noreply@yourcopier.com [mailto:noreply@yourcopier.com] Sent:Tuesday, May 12, 2009 10:49 AM To: DelleChiaie, Pamela Subject: Beaver Application Denial - 585 Chestnut Street- Health Dept. Denial 4 } APPLICATION FOR 10-DAY EMERGENCY BEAVER OR MUSKRAT PERMIT TO BE FILLED OUT BY APPLICANT Fee(if applicable): $ Name: t-'t Date: y r b Address: Town: !� �1G�(✓2.r /� Zip Code: Q I K�l S Daytime Tel. # 22KLrn Evening Tel. # �1 7r�l lrw�l Agent Name: Tel. # (if applicable) Complaint Location: Is the problem entirely on your property? Yes: No: Don't Know: Note:If the problem does not occur entirely on the applicant's property,consent forms from all other property owners must be obtained. Type of Complaint: Provide a detailed description of the perceived threat to public health and safety C'X�PSSr✓ 6 ��i�6 i,-7 US C 'XD 4� 4 V CX i✓ �C',i u mac, SACC'!/lC l✓t G �.�2`�� L7 LL��l � �-l'� 'l�� r� 6/rS 016)"J/�JJ�q �-- Under M.G.L.c. 131,s. 80A,an emergency permit authorizes the applicant or his duly authorized agent to immediately remedy the threat to human health and safety by one or more of the following options: (a) the use of conibear or box or cage-type traps for the taking of beaver or muskrat,subject to regulations; (b)the breaching of dams,dikes,bogs or berms;and/or(c)employing any non-lethal management of water-flow devices. The emergency permit will be good for 10 days from the date of issue. Signature of Applicant: Date: C �' NOTE: Options(b)and/or(c)above reqit applicant to get conservation commission approval prior to such work in accordance with the wetlands protection act. t?t 66'14//A yOM 6- Ck Id[ev\ 1�- 6rt,6 ie.S Cd a 51 r1)6 lr�cv�a..�e fo f-(s e oe— A--1, "I it i--I?) --601'n 1 ira5 1,4 4�6A S //Al- 310 /AQ310 CMR 10-99 . Form 8 DE?Fite No. 242- 803 (To oe orowoed by DEF) _ C,tvIown ' North Andover Commonwealth '--+� at Massachusetts Aooncanl Neve Associates ' Lot 10 4585 Chestnut Street Certificate of Compliance Massachusetts Wetlands Protection Act, C.L. c. 131 , .§40 From North Andover Conservation Commission Issuing Authority 447 Old Boston Road To Neve Associates Topsfield, MA 01983 (Name) (Address) Cate at Issuance February 4, 1998 Tn,s Ceriiicate is issued for work regulated by an Order of Conditions issued tQ' Kimberlerna dated 5/2/96 and issued by the NACC It is hereby certified that the work regulated by the above-referenced Order of Contittens has been satisfactorily completed. 2. ❑ It is hereby certified that only the following portions of the work regulated by the above-ref er- enced Oraer of Conditions have been satisfactorily completed: (If the Certificate of Compiiance does not include the entire project, specify what portions are included.) ❑ It is hereby certified that the work regulated by the above-referenced Oreer of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no Ienaer valid. No future werK subfect to regulation unser the Act may be commenced without filing a new Notice c, Intent anc receiving a new Orcer of Conditions. .....:...............................................................-........-.............-............,_........-----................---............ . (Leave Soace 6iank)