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HomeMy WebLinkAboutMiscellaneous - Marbelridge RoadTown of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 Memorandum TO: George Perna, DPW FROM: Michael D. Howard, Conservation Administrator DATE: May 17,19% RE: ENFORCEMENT ORDER As you are aware, this past winter a water main broke onMarbelridge Road. Emergency repair activities by DPW personnel resulted Ln the permanent alteration of a Bordering Vegetated Wetland (BVW). Erosion control has since been installed along the perimeter of this wetland resource area. This Department forwarded correspondence dated April 16, 1996 requesting that you contact me at your earliest convenience so that we may conduct a joint site inspection and determine if future restoration is warranted. At a public hearing on Wednesday, May 15, 1996 the North Andover Conservation Commission (NACC) unanimously voted to issue an Enforcement Order mandating that the wetland resource area be returned to its pre-existing condition under the direction of the Conservation Administrator. Please find the enclosed document for your review. In order to accomplish this task DPW will likely need to supply a backhoe and a dump truck to adequately remove all silt and sediment from the BVW. Once this task is complete the area shall be seeded with a wetland grass mixture. The NACC has further mandated that this matter be resolved prior to the June 5, 1996 public hearing. Please schedule accordingly with this Department. If I can be of further assistance or if clarification is required please do not hesitate to contact this Department. Your future cooperation with regards to this matter is appreciated. Sincerely, G Michael D. Howar Conservation Administrator encl. cc: NACC file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 H ' 310 CMR 10.99 Form 9 Co=onvealth of xassachusetts DFP Pik No. 242— N/A (ro be provided by DEP) Cit7lrmn NORTH ANDOVER 6=iNorth Andover Department of ApP Public Works Enforcement Order c. 131, $40 Massachusetts Wetlands Protection Act, G.L. AND UNDER THE TOWN OF NORTH ANDOVER BYLAW, CHAPTER 3, SECTION 3.5 From NORTH ANDOVER CONSERVATION COMMISSION (NACC) _Issuing Authority To George Perna Director of Public Works North Andover DPW Date of Issuance May 17, 1996 Property lot/parcel number, address Marbleridge Road Extent and type of activity: Alteration of a Bordering Vegetated Wetland (BVW) 310 CMR 10.55 as a direct result of an Emergency Water Main Repair. The NACC has determined that the activity described above is in violation of the Wetlands Protection Act, G.L. c. 131, 540, and theRegulations promulgated pursuant thereto, 310 CMR 10.00, because: Said activity has been/is being conducted without a valid Order of Conditions. Said activity has been/is being conducted in violation of an order of dated , conditions issued to File number 242- ` condition number(s) 0 Other (specify) The NORTH ANDOVER CONSERVATION COMM. hereby orders the following: The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. X Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Please refer to the enclose correspondence. 41 Effective 11/10/89 9-1 IN on Issued by NORTH ANDOVER CONSERVATION Comission ❑ completed application forms and plans as required by the Act and Regulations shall be filed with the NORTH ANDOVER CONSERVATION COMMISSION on or before (date), and no further work shall be performed until a public hearing has been held and an order of Conditions has been issued to regulate said work. Application forms are available at: NACC Office, Town Hall Annex ❑ The property owner shall take every reasonable step to prevent further violations of the act. mother (specify) Restore the wetland to its pre-existing condition under the direction of the Conservation Administrator by June 4, 1996. Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws Chapter 131, Section 40 provides: whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to Michael D. Howard, Conservation Administrator Signatures 9-2b (signature of delivery person or certified mail number) Town of North Andover o* t►ORTM OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° 146 Main Street North Andover, Massachusetts 01845 ,0 »,rFO oatgy ....._.._.................................. SS9cmu. Memorandum To: George Perna, DPW Director Dave Bailey, DPW CC: NACC From: Michael Howard, Conservation Administrator Date: May 17, 1996 Conservation Commission Issues At the di. reetion of the North Andover Conservation Commission (NACC), the following issues remain outstanding and require further response: • AbbotESireet: As discussed, please replace the existing 10" pipe with a new pipe as soon as possible. I have enclosed an Enforcement Order permitting the work with a deadline of Wednesday, April 24, 1996. If this deadline presents a scheduling problem please contact me and I will inform the NACC. Otherwise, give me a phone call a day or two ahead of the work date and I will re -arrange my schedule around yours in order to oversee the pipe placement; • Beavers: I have had three meetings with Eric Amati from the MA. Fish & Wildlife Agency regarding the beaver dams throughout town. Enclosed please find a permit allowing the removal of a 3' x 3' section of dam adjacent to Route 125. The responsibility of this permit falls on my shoulders so please give me a call if future alteration of the dam is warranted; • Marbleridge Road Water Main Repair: As you may recall, an emergency repair of an existing water main was performed by DPW this past winter on Marbelridge Road. DPW staff installed necessary erosion control along the 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 limit of work. The NACC is still not satisfied with the restoration efforts and some members have raised concerns regarding the material within the wetland itself. Please contact me at your earliest convenience so that we may conduct a site inspection and determine if future restoration is warranted; Proposed Parking Lot - High School: I met with Dave Bailey and Paul Syzmanski on the morning of April 16,1996. The high school is looking to expand the existing parking lot a limit of one car length (approximately 8') towards the adjacent vegetated wetland. I asked Dave to install the necessary erosion control along the limit of work and I will perform the wetland delineation and evaluate the feasibility of the project. I do not foresee any problems nor do I expect a formal filing with the NACC, however, I will refrain from further comments until I delineate the resource area. I expect to complete this task on Wednesday, April 17, 1996 and I will contact Dave and Paul accordingly. It was agreed upon by all parties that a gravel based medium will suffice for now but if an impervious surface is required in the future than a Notice of Intent will be warranted. As always, your future cooperation with regards to these outstanding issues is. appreciated. Thanks! May 17, 1996 2