Though in para. Motion of Petitioners Shearwater Association, Inc. and Shearwater Ten Citizens Group Petitioners request that I strike all testimony regarding dune function or dune dynamics because these matters are irrelevant to the definition of dune under the Wetlands Protection Regulations. The motion is denied. Applicant argued at the hearing that the definition of dune should take into account the entire section in the Regulations on dune rather than simply the definition subsection. This is a plausible approach to regulatory construction, hence I will permit testimony that derives from this approach.
Petitioners make similar motions regarding artificially deposited sediment and storm overwash.
The relevance of these factors to whether the landform is dune are legitimate areas of dispute, thus I will not strike testimony concerning them. Testimony of James Mahala Para. 7 - denied. Facts supporting conclusion that landform is coastal bank are stated elsewhere in Mahala's testimony. CZM designation potentially relevant.