Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.05 - Performance Standards

Current through Register 1525, July 5, 2024
(1) No renovation
			 shall be permitted if it would adversely impact the habitat of rare animal or
			 plant species as determined by the Natural Heritage and Endangered Species
			 Program or the Department. No alteration of a vernal pool shall be
			 allowed.
(2) All activities shall
			 be conducted in accordance with U.S.D.A. Natural Resources Conservation
			 Services (NRCS) Standards and best management practices, available from the
			 Massachusetts Cranberry Experiment Station as approved by NRCS, as applicable.
			 The cranberry operation shall have a Conservation Farm Plan approved by the
			 NRCS prior to application for renovation activities.
(3) A tail water recovery system shall be
			 established as necessary to protect water quality downstream. The system shall
			 be able to retain on site a volume of water equal to the capacity of the bog
			 for at least five days prior to discharging into a pond, river, or wetland. A
			 by-pass canal shall be constructed and maintained as necessary to isolate
			 naturally flowing water away from the bog area. The by-pass canal shall be
			 constructed within the existing dike system or in an upland area. Bypass canals
			 shall be provided with fish passage structures or adequate flows to protect
			 anadromous fish runs.
(4) No
			 cranberry bog renovation activities which will produce siltation or obstruct
			 flows are allowed between March 1 and June 30 or between September 1 and
			 October 31 in areas with anadromous fish runs as identified by the Division of
			 Marine Fisheries. Water intake structures on anadromous fish runs shall have
			 screens with a maximum of ¼ inch mesh and intake velocities cannot
			 exceed ½ cubic foot per second. Adequate flows and water quality shall
			 be maintained during spawning and down running periods of anadromous
			 fish.
(5) No cranberry bog
			 renovation activities shall cause an increase in flood elevations on adjacent
			 or other downstream properties. To conserve water within the bog, the
			 construction should be laser leveled or its equivalent to six inches.
(6) Renovation of abandoned cranberry bogs
			 shall not result in any filling of wetlands or water bodies except that which
			 necessarily occurs as a result of normal renovation practices or the repair or
			 replacement of dikes and water control structures. Alteration of bordering
			 vegetated wetlands that were not in agricultural use on or before January 1,
			 1959 is prohibited. Any fill shall be composed of suitable material and
			 properly maintained to prevent erosion or other nonpoint sources of pollution.
			 All permanent and temporary alterations shall be properly stabilized to prevent
			 erosion.
(7) Renovation of an
			 abandoned cranberry bog shall include mitigation to protect wildlife habitat by
			 one or a combination of the following:
(a) 1:1
			 replication for wetlands altered. The replacement area must be substantially
			 equivalent to the abandoned bog in terms of ground and surface water
			 elevations, horizontal configuration, and general location. At least 75% of the
			 surface area shall be reestablished with indigenous wetland plant species
			 within two growing periods;
(b)
			 implementation of a wildlife habitat enhancement plan approved in writing by
			 the Department and designed to promote wildlife habitat to compensate for the
			 habitat lost to renovation activities; or
(c) for every acre of renovated bog, an equal
			 or greater area of undisturbed land or land managed to enhance wildlife habitat
			 values is protected from development through a conservation restriction for the
			 duration of cranberry production at the cranberry bog.