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HomeMy WebLinkAbout- Permits - 305 MIDDLETON ROAD 4/22/2019 4/2 212 0 1 9 Date:April 19,2019 Beaver/Muskrat Permit -- 10 Day Emergency #47859 This is an e-permit.To learn more,scan this barcode or visit northandoverma.viewpointeloud.com/#/records/48925 COMMONWEALTH OF MASSACHUSETTS • TOWN OF NORTH ANDOVER BOARD OF HEALTH I Ruth Callahan is hereby granted a Beaver/Muskrat Permit-10 Day Emergency for the location of 305 MIDDLETON ROAD This permit is granted in conformity with the statutes and ordinances relating thereto,and expires in ten(10)consecutive days from date of issue unless sooner suspended or revoked. CONDITIONS: EXPIRATION DATE:April 29,2019 FRANCIS P.MACMILLAN,JR.,M.D. BOARD OF HEALTH CHAIRMAN i i 112 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands WPA Emergency Certification Form LI Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 —-—----------------- ---------C. General Conditions 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. "his 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. 'his 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. my 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. 'he 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. This Emergency Certification shall apply to any contractor or any other person performing work authorized tinder this Certification. No work may be authorized beyond 30 days from the(late of this certification without written approval of the Department. D. Special Conditions See attached. The culvert shall be cleared of debris on a regular basis to prevent the accumulation of further material.If the culvert cannot be regularly maintained,a flow control device should be installed. 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 Rev.0 1/3 1/0 ILIMassachusetts 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 1, Important: North Andover Conservation.Commission When filling out Issuance From: Issuing Authority forms on the 0 Middleton Street,Map 109 Lot 33 ! computer,use I. Site Location: only the tab key to move your 2 Reason for Emergency: cursor-do not use the return Flooding above the engineered level of a man-made dam key. rae 3. Applicant to perform work: Integrated Wildlife Control 4. Public agency to perform work or public agency ordering the work to be performed: Health Department 5. Date of Site Visit: Start Date: End Date*: April 17,2019 4/22/1.9 5/1/19 *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*: Breaching of beaver dams for trapping purposes at the Middleton Road culvert identified in the plan submitted with the permit application and at the Stearns Pond outlet dam within Harold Parker State Forest. *May not include work beyond that necessary to abate the emergency. B. Signatures Certified to be an Emergency by this Issuing Authority. i Signatures: Jennifer Hughes for the NACC 4/19/19 Chairman(or designee) Date A copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency Certification Page 1 of 2 Rev.0 113 1/0 • CONSERVATION DEPARTMENT (,on-imunity Developtnerit Division � EMERGENCY Y (;ERTIFICATE SPECIAL CONDITIONS April 19, 2019 305 Middleton Road, North .Andover 1. This permit 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 MCA.,Chapter 131, Section 40. 2. Breaclvng of the beaver dam shall.occur by hand only. No mechanical machinery is allowed for the breaching activities. 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. The width and depth of the breach shall be limited to a size that will not cause an overflow of the stream channel below the breach or at any downstream road culvert. 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 dams located at 0 Middleton Street (Harold Parker State Forest), at the locations identified on the map attached to the permit. 6. Upon completion of the breaching activities, the applicant or his/her agent 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. 'l I 1.20 i\4,iii7 Street,North.Andover, Nia;sac;husetts 01.845 Phone. 978,688.9530 Fax 978.688.9542 Wei):littp://www,northanci()vcrni,,t.gov Integrated Wildlife Control Lion LaFountain CWCP Ruth Callahan 1 P.O. Box 60169 Florence, MA 01062-0169 Cellular: (413) 626-683 CJff ce: (413) 586-0890 Email: callah2000@aol.com Beaver Dam Breaching Procedures 1. Permits to breach the dam and install pond levelers are obtained from the local Board of Health and Conservation Commission. 2. The only tools used for breaching are potato rapes and/or Pulaski axes. 3. No heavy equipment will be used at any time. No damage is expected to any grassy, upland, wetland or other areas as a result of the manual work. 4. From the downstream side of the dam, sticks in the dam are removed manually from the area to be breached and piled on the top or side of the dam. 5. Once the loose sticks are removed, mud from the dam is manually dug out of the area to be breached with the potato rake and piled on top of the dam away from the moving water. 6. The width and depth of the breach are limited by the size of the stream channel and any downstream road culverts. At no time will a breach be made large enough that water flows over the banks of the stream. All released water will remain in the channel and will not exceed the volume of runoff from a large storm. We are fully licensed and insured with over 30 years of combined experience in mitigating beaver-related damage including trapping, breaching, and the installation of pond levelers and culvert protective fences. 4/17/2019` Beaver/Muskrat Permit-10 Day Emergency 47859 Applicant ,�_ Ruth Callahan (413)626-6838 (Guy callah2000@aol.com Location 305 MIDDLETON ROAD NORTH ANDOVER, MA 01845 General Information Is the problem entirely on your property? I acknowledge that if the problem does not occur entirely on the applicant's property, consent forms from Yes all other property owners must be obtained. true Complaint Location: Provide detailed description of the location of the threat. Culvert at the corner of Harold Parker Road and Middleton Road; The outlet of Stearns Pond Type of Complaint: Provide a detailed description of the perceived threat to public health and safety: Beavers are damming at a road culvert causing damaging flooding along Harold Park Road. Beavers are damming at the outlet of Stearns Pond causing the water to rise above the designed level of the man-made dam. Authorized Agent Information Name of Authorized Agent: Company Name: Ruth Callahan Integrated Wildife Control Email: Phone: callah2000@aol.com (413)626-6838 By which means do you intend to remedy the threat to human health and safety? (check all that apply): A.The use of conibear or box or cage-type traps for B.The breaching of dams, dikes, bogs or berms taking the beaver or muskrat,subject to regulations true C. Employing any non-lethal management or water flow devices 1/2 4/17/2019 In accordance with and pursuant to provisions I acknowlede that if issued, this permit does not allow contained in chapter 131 of the Massachusetts General applicant or their authorized agent to trespass on Laws section 40, 80A and 321 Code of Massachusetts private property. Regulation 2.08 and 10.00 (Wetlands Protection Act), the permittee named on this application may true immediately remedy the threat to human health and I acknowledge that if issued, this permit or a copy safety by one or more of the following options: A, B thereof shall be carried on the person of any individual and/or C. If the permittee chooses options(s) b and/or exercising the authority thereof and shall be shown c, he/she must appear before the local conservation upon request if challenged by any local or state taw commission to obtain an emergency certification enforcement officer empowered to enforce the regarding specifications for breach size and/or water- provisions of M.G.L. c. 131. flow device installation in accordance to M.G.L. c. 11, s. 40 (Wetlands Protection Act). By checking this box, I true am certifying that I have read and understand the above provisions. true Internal Only (Health Department/Conservation) Conditions: J�-AN i 2/2 4/17/2019 3)_Harold_Parker_SF__Googl(,_Earth_Tue_Apr_16_2019_14-00-02.jpg(1374x914) i 1 i i Harold Parker State Forrest i I r i i I iI Ili'IA R � • 4 .O i i o, aa httpsI/viewpointeloud.blob.core.windows.net/uploaded-files/3)_Harold_Parker_SF_-_Google_Earth Tue_Apr_16_2019 14-00-02.jpg?st=2019-04-17T... 1/1 Google harold parker state forest Rating Harold Parker state Forest Harold Parker State Forest Headquarters .7 f209' -State park 133 Jenkins Rd Website Directions Save (978)475-7972 Open now WE3sITE DIRECTIONS Trancuil natural area with trails for 17 Google reviews hiking&biking,plus camping, State government office in North Andover,Massachusetts picnicking&fishing areas. Address:305 Middleton Rd,North Andover,MA 01845 Harold Parker State Hours:open•closes 8PM Forest Headquarters Phone:(978)686-3391 4.5 f 17) State oovern... 305 Middleton Rd WEBSITE DIRECTIONS Suggest an edit-Own this business? (978)68 6-3391 = Open.Closes 8PM Know this place?Answer quick questions Can't find what you are looking for? ALSO A MISSING PLACE Questions & answers Ask a question See all questions(2) �'S _ 4� � Za rn 1 North Andover,Massachusetts-From your Internet address send to your phone send Use precise location-Learn more