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Home My WebLink About- Permits - 64 NORTH CROSS ROAD 12/18/2018 Town of North Andover Health Department 10-DAY EMERGENCY BEAVER OR MUSKRAT PERMIT ...... -------------- Name: Doug Alexander____.._._____ Permit No, 318 Address: 64 North Cross Street,North Andover, NM, 01845 Authorized Agent Name (if applicable): John Benedetto Complaint Location: 64 North Cross Street 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) 'e3uploying a"'Iny no lefhad otr vVMer-fifm, *If the perinittee chooses option(s) 1) 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 - Board of Health Official Name: Brian J. LaGrarss Director of Public Health Board of Health Official Signature: Date: fZ 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: 978.688.9542 Town of North. Andover Health Department This permit is valid for 10 consecutive days from the date of the final Board of Health signature for options (b) and (c) after Conservation Commission approval. ;Board of Health Official Name: Brian J. aGrasse, DiTector of Public Health Board of Health Official Signature:_ �" �F Date:_--- � This permit does not allow permittce(s) or their authorized went 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 for catching beaver. The pan of Hancock and Bailey traps must be submerged in water. Problem furbearing 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 f 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) talring problem forbearing mammals, on the,property of'another, by means of a tray 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 far 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 furbearing mammal was taken. I i 1 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.9542 RECEIVED ("T 1 APPLICATION FOR 10-DAY EMERGENCY BEAVER OR MUST A'T'PE T m TOWN OF NORTH ANDOVER TO B FILLED OUT BY APPLICANT Fee(if applicable):$ HEALTH DEPARTMENT � Name: � �4�KlW�� Efate: Address: 1vC = Town: �� , (�•,n"�vv� Zip Cade: Daytime Tel.# l� 1 "� Evening Tel.# 3 t?2 j Agent Name: --- Tel.# (if applicable) Complaint Location.: ^� p oc dd Is the problern entirely on your properly? yes:� No: Don't Know: Note:If the problem does not occur entirely on the applicant's properly,consent forms from all other property owners mast be obtained Type of Complaint:Provide a detailed description oftbe perceived threat to public health and. ,safety pac t`h r"Y UJ W-) Ck fo(t au k4"' cje C e i l e' 0-' 5s' -14t t— �� C�✓� U -., ��` fmf�.,� �� r' U.�"��.rP Y'rc.fi.�..Jt( G,r�L�.�¢'�''". } Gu 4 ✓1 ;✓+ 6�^ re`4 r eave r S -u t t/l tv nA h _.. a,n) ) r✓� Cl�dlL` G ns^t toad-c, 10 L-C4 1001) 6(6(Q 5$- 9k-<4 A111) to µ r✓ �?fu f y, j d/r dzo ar T7nd r M.G.L.c, l 1,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'combear or box or Gage-type traps for the tatting of beaver or muskrat,subject to regulations; (b)the breaching of darns,dikes,bogs or berms; andJor(c)employing any non-lethal management of water--flow devices. The emergency permit will be good.for 10 clays from the date of issue. Signattare ot`Appticant: __. _ � � pate: /02- NOTE: Options(b)and (e)above require applicant Zget conservation commission approval prior to such work in accordance with the wetlands protection.act, 11 1, 7, 1 I CONSERVATION DEPARTMENT Community Development Division EMERGENCY CERTIFICATE SPECIAL, CONDITION'S November 14, 2018 64 North Crass Road, North Andover 1. This pertuit or a copy thereof, shall be 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 MCTL Chapter 131, Section 40. 2. Limited breaching of the beaver darn shall occur by hand only. No ruechanical machinery is allowed for the breaching activities as detailed in an email from John Benadetto on 7/24/18. 3. No breaching of the dam shall occur during and/or following a major storru 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 dams must be limited to small portions of the dams near the edge of the ponded stream (maximum 3 feet wide x 2 feet deep). Please see attached email from Doug Alexander dated 1.1./13/18. Full darn removal is not allowed under this certification. 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 darn 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 64 North Cross Road property. 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,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:httl?://w\vNv.nortlaandoverina.gov Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Emergency Certification Form Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - - — _ -------------- A. Emergency Information a Important. I From: North Andover Conservation Commission Issuance _._....._---�._..._... ..m._._._._._.__.... When filling out Issuing Authority forms on the 64 North Cross Road - Map 38 Lot 185 computer, use 1. Site Location: - ........... _. _....__..---........____ I only the tab key to move 2 Reason for Emergency: your cursor- do not use the Flooding near septic system .a........ return key. 3. Applicant to perform work: -Jahn Benedetto 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*: 10/31/2018 _----- 11/192018 11 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 (see email from Doug Alexander dated 11/13/18), by hand, of exisitng beaver dams 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: _._ .�.....— Date Chamar� ar design e -_.___ _ A _.._...._ copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency Certification Page 1 of 2 Rev.01131/0 LlMassachusetts 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 written approval of the Department. D. Special Conditions All work to be done by hand (no machinery allowed); no breaching following a 24 hour storm event of T' or more; limited breaching for trapping purposes only, no full dam removal. See special conditions 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 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.0113110