12/15/1994 CONSERVATION COMMISSION Minutes

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� 17 H1EYER: I don't think it is necessary for m , I have already had two or three of them. VOTE: Motion Ornade by Mr. Homerer to release the document to the counsel for the cranberry grower, Seconded b Mr. Fitzsimmons. Unanimous Vote. FE RIDAY: And Mr. Jermyn will get a copy too. Mr. Sherman read the letter into the record To: Mr, Robert Sherman, Conservation Agent Interpretation of Definition in Agricultural Exemption to Wetlands Regulations Dear Mr. Sherman: You have requested an opinion concerning the interpretation of "Land in Agriculture" as defined in the recent amendments to the Wetlands Protection Regulations at 310 CMR 10.00 "the New Regulations") . Specifically, you have asked whether two parcels of land along the Santuit and Quashnet Rivers not presently in agricultural use, but downstream from cranberry bugs that are in agricultural use, meet that definition and thereby qualify for the exemption for dredging and filling work that has been conducted along one river and proposed along the other raver. In my opinion, any work along either river in the areas described below is subject to the wetlands regulations since there has been no agricultural activity on such land for five gears, and such lana is not being used under a contract with the United states Department of Agriculture (USDA) , The facts as you have clarified thein to me are as follows With respect to the land in question along the santuit River, that river flows along the side of a portion of an existing cranberry bog, and is separated from the bock by a dike, Across the dike from the bog is bordering vegetated wetland and a floodplain. The river continues flowing through a naturally vegetated area approximately one hundred yards downstream of the working bogs . Work has been done, which included dredging the river bottom and depositing the removed fill, both along the river bank across the dike from the working bog, and on the bank within a naturally vegetated area over one hundred yards downstream of the working bog. Similar dredge and fill work has been proposed downstream of an existing bog along the Quashnet River* The lana downstream of the bogs along both rivers has not been in agricultural. use "inactive" for more than twenty gears and is not under a contract with the USDA. Although there are fields along the river, there are no field edges within the meaning of 310 CMR 10. 04 b being managed in agricultural use. You wish to know whether the downstream lance along both rivers, and land that is adjacent to the bog alone the santuit River, falls within the agricultural exemption. You also ask whether the installation of water control structures, which are devices that regulate the flow of water in upstream bogs, in either river downstream of the