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Home My WebLink About- Permits - 70 LIBERTY STREET 9/7/2018Town of North Andover Health Department 10 -DAY EMERGENCY BEAVER OR MUSKRAT PERMIT Name: Rodrigo Laureano Address: 70 Liberty Street, North Andover Authorized Agent Name (if applicable): John Benedetto Complaint Location: Boxford State Forest/DCR- North Andover Permit No. 318 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: (measures to be used- see highlighted items) (a) 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) (b) 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: Flooding property, water levels are close to private well and other utilities Board of Health Official Name: Brian J.1..,aGrasse Dir tor of Public Health Board of Health Official Signature: t Date: 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 for final approval. 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 97 .6 _9542 Town of North Andover Health Department This permit is for option (b) and/or (c) and is valid for 10 consecutive days from the date of the final Board of Health signature. Board of Health Official Name: Brian J. LaGrasse Djreetqr of Public Health Board of Health Official Signature: Date: This permit does not allow permittee(s) or their authorized agent to trespass on private property. 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 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 fUrbearing 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.* catching beaver. The pan of Hancock and .Bailey traps must be submerged in water. Problem forbearing mammals that are captured alive shall be disposed blby destruction in a humane manner. Body gripping traps with ajaw spread not less than 4 inches and not greater than 7 inches or body gripping traps with ajaw spread not less than 6 inches and not exceeding 10 inches fbr the trapping of beaver only, may be used if slich 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. Perniittee(s) taking problem fUrbearing 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 MG.L. c. 131, s. 80. Said problem fitrbearing mammals (named above), their carcasses or partsthereof may be retained by the permittee„sold, bartered or exchanged for consideration during the open regulated harvest season fbr that ,species. Sealing of beaver pelts is required. Disposition o f all carcasses obtained from the incidental capture offUrbearing mammals not authorized by this permit must be surrendered to the District Wildlife Manager of the Division of Fisheries and Wiidijft havingjurisdiction in the town where thellirbearing mammal was taken. 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978 .9542 LI Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key, tab 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 North Andover Conservation Commission Issuing Authority 0 Liberty Street - Map 105D Lot 001 Issuance From: 1. Site Location: 2 Reason for Emergency: Flooding near well pump and other house utilities John Benedetto 3. Applicant to perform work: 4. Public agency to perform work or public agency ordering the work to be performed: • North Andover Health Department 5. Date of Site Visit: Start Date: End Date*: 07/24/2018 09/07/2018 09/20/2018 * 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*: Partial breaching, by hand, of an exisitng beaver dam to assist in trapping efforts as authorized by the Board of Health (see 10 -day Emergency Permit attached). * May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority, Signatures: pairman (or desi 7>( c ._ )ve:' Dat / " A copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency Certification Page 1 of 2 Rev. 01/31/0 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Emergency Certification �� --'''-~ c�~'^-~�� FormMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions 1. Failure hncomply with all conditions stated horein, 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 Commissioand 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 Certifination, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. O. 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 written approval of the Department. D. Special Conditions See special conditions attached. E. Appeals The Department may, on its own motion or at the request of any peraon, 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 oortificaUon, condition the work permitted theveunder, or take such other action as it deems appropriate, WPA Certification Page of 2 CONSERVATION DEPARTMENT Community Development Division EMERGENCY CERTIFICATE SPECIAL CONDMONS September 5, 2018 70 Liberty Street & 0 Liberty Street, North Andover 1. This pertain or a copy thereof, shall he carried on the person(s) 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 MGT, Chapter 131, Section 40. 2. Limited breaching of the beaver dam shall occur by hand only. No mechanical machinery is allowed for the breaching activities as detailed in an email from John Benadctto on 7/24/18. 3. No breaching of the dam shall occur during and/or following a major storm event (1 inch or greater of rainfall in 24 hours). Furthermore, no breaching shall occur unless a rain event as described above has adequately infiltrated (resulting in a lower water table). 4. Breaching of the datn must be limited to a maximum of a 3' wide x 2' deep to install the deceiver pipe. The hired professional shall contact the Conservation Department if a larger breaching area is necessary or if any other changes are proposed. 5. Limited breaching of the dam must be carefully conducted to prevent downstream flooding; adverse impacts to the wildlife habitat located upstream and downstream, including the created beaver habitat; and changes to the hydrology of the wetland resource area. Breaching activities shall only occur at the beaver dam located on the property DCR. Authorization from DCR has been obtained (email dated June 14, 2017 from Steve David). DCR should be notified of the start of work. 6. Upon completion of the breaching activities, the applicant or contractor shall contact the Conservation Department, so that we may conduct an inspection to ensure that wildlife habitat and hydrology of the wetland resource system have not been significantly impacted or altered. 120 Main Street, North Andover, N4assachusens 01845 Phone 978.688.9530 Fax 978.688.9542 \Veb: http://www.northandoverma.gov