Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.02 - Definitions

Current through Register 1525, July 5, 2024
Abandoned Cranberry Bog
. A cranberry
				bog that meets the criteria of
				310 CMR
				23.03.
Activity
- Any proposed action
				associated with the renovation of an abandoned cranberry bog for the purpose of
				cultivating and harvesting cranberries. Activity doesnot include the
				construction of facilities or structures for the purpose of processing
				cranberries.
Aggrieved Person
. Any person who,
				because of a determination by the Department, may suffer an injury in fact
				which is different either in kind or magnitude from that suffered bythe
				generalpublic and which is within the scope of interests identified in St.
				1996, c. 258.
Agricultural Use
. Any land presently
				and primarily used in production or raising one or more of the following
				agricultural commodities for commercial purposes:
(a) animals, including but not limited to livestock, poultry,
				and bees;
(b) fruits, vegetables, berries, nuts, maple sap, and other
				foods for human consumption;
(c) feed, seed, forage, tobacco, flowers, sod, nursery or
				greenhouse products, and ornamental plants or shrubs; and
(d) forest products on land maintained in forest use, including
				but not limited to biomass, sawlogs, and cordwood.
Additionally, land in agricultural use means land presently and
				primarily used in a manner related to, and customarily and necessarily used in,
				producing or raising such commodities, including but not limited to: existing
				access roads and livestock crossings, windbreaks, hedgerows, field edges, bee
				yards, sand pits, landings for forest products, fence lines, water management
				projects such as reservoirs, farm ponds, irrigation systems, field ditches,
				cross ditches, canals/ channels, grass waterways, dikes, subsurface drainage
				systems, watering facilities, water transportsystems, and water storage
				systems; agriculturalcomposting sites, agricultural storage and work areas; and
				land under farm structures. Land in agricultural use may lie inactive for up to
				five consecutive years unless it is under a U.S. Department of Agriculture
				(U.S.D.A.) contract for a longer term pursuant to the Conservation Reserves
				Program (the Food Security Act of 1985, as amended by the Food, Agriculture,
				Conservation and Trade Act of 1990; and 7 CFR 1410) , or it is used for
				forestry purposes similar to those described in
				310 CMR 10.04:
Agriculture
(b)14. through 17.
Applicant
. A person proposing any
				activity associated with the renovation of an eligible abandoned cranberry
				bog.
Area of Critical Environmental
				Concern
. Anarea designated bythe Secretary pursuant to M.G.L. c.
				21A, § 2(7) and
				301 CMR 12.00.
Cranberry Bog or Bog
. An area actively
				cultivated for the production of any variety of cranberry (vaccinium).
Department
. The Massachusetts
				Department of Environmental Protection.
Interests Identified in St. 1996, c.
				258
- To protect the private or public water supply; to protect
				the ground water; to provide flood control; to prevent storm damage; to prevent
				pollution; to protect land containing shellfish; to protect wildlife habitat;
				and to protect the fisheries.
Navigable stream
. Any nontidal river
				or stream on which public funds have been expended for stream clearance,
				channelimprovement, or any form of flood control or prevention work, either
				upstreamor down stream within the river basin, except for any portion of such
				river or stream which is not normally navigable during any season, by vessel
				including canoe, kayak, raft, or rowboat.
Person
. Any agency or political
				subdivision of the Commonwealth or the federalgovernment, public or private
				corporation or authority, individual, partnership or association, or other
				entity, including any officer of a public or private agency or
				organization.
Rare and Endangered Species Habitat
-
				Areas within estimated habitat as indicated on the most recent Estimated
				HabitatMap ofState-Listed Rare Wetlands Wildlife published by the Division of
				Fisheries and Wildlife's Natural Heritage and Endangered Species Program or
				rare animal or plant species as identified by the Department or the Natural
				Heritage and Endangered Species Program.
Rare species
- Vertebrate and
				invertebrate animal and plant species officially listed as endangered,
				threatened, or of special concern by the Massachusetts Division of Fisheries
				and Wildlife under
				321 CMR
				8.00.
Renovation
. The restoration for the
				active cultivation of any variety of cranberry of an area formerly cultivated
				as a cranberry bog.
Vernal Poo
l - A waterbody that has
				been certified by the Massachusetts Division of Fisheries and Wildlife as a
				vernal pool or identified by the Department and determined to be a vernal pool.
				Vernal pool habitat means confined basin depressions which, at least in most
				years, hold water for a minimum of two continuous months duringthe
				springand/orsummer, and which are free of adult fish populations.
Zone II
. the area of an aquifer which
				contributes water to a wellunder the most severe pumping and recharge
				conditions that can be realistically anticipated (180 days of pumping at
				approved yield, with no recharge fromprecipitation). It is bounded by the
				groundwater divides which result from pumping the well and by the contact of
				the aquifer with less permeable materials such as till or bedrock. In some
				cases, streams or lakes may act as recharge boundaries. Inallcases, Zone II
				shall extend upgradient to its point of intersection with prevailing
				hydrogeologic boundaries (a groundwater flow divide, a contact with till or
				bedrock, or a recharge boundary). For public water supply wells that lack a
				Department-approved Zone II, the Department will apply an interim wellhead
				protection area (IWPA). This interimwellhead protection area shall be a
				½ mile radius measured from the well or well field for sources whose
				approved pumping rate is 100,000 gpd or greater. For wells that pump less than
				100,000 gpd, the IWPA radius is proportional to the well's approved daily
				volume which may be calculated according to the following equation: IWPA radius
				in feet = [32 x pumping rate in gallons per minute] + 400.