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20 May 1999 <br /> Page 5. <br /> requirements or regulations for the Riverfront area, section B, "not <br /> withstanding any provisions of 310 CMR 10.58 2 Al, I and H, the burden o <br /> Proof as per the provisions of Chapter 172, section 12, whih talks about a <br /> preponderance of credible evidence) shall be on the applicant for a permit to <br /> show that a river, stream or creek 1s not perennial, i.e. is intermittent". Mr. <br /> Sherman felt the burden'of proof has not been met. <br /> Ms Fantozzi stated-when Mr. Sherman saw it, it was in March and it had two <br /> inches of water in it because it was though at that time it was seeping in with <br /> the ground water. It was ground water flow. This component is part of the <br /> cranberry bog irrigation. where it crosses the road it separates itself but <br /> the source of the water that feeds that for surface flow relates to that, either <br /> ponds that are created in the golf course, culverts under the golf course or <br /> managed flow from the agriculture diversion. <br /> Mr. Sherman stated it cannot be precluded that does not come from ground <br /> water seepage. Ms Fantozzi stated that one area, the only attributable <br /> source to that water was ground grater seepage in that area. People who are <br /> familiar with the area and observed it over the years, there is no flow. It i <br /> dry in the summer. There is no stream gauge in that system at all. <br /> Ir. Sherman stated logs, monitoring or observational data is lacking and it <br /> would not be prudent for the Commission to accept one anecdotal statement <br /> as proof of anything. <br /> Ms Fantozzi stated she did not understand why there is an assumption that <br /> that is in fact a stream. The stream that has been noted is Quaker Run and <br /> that is on the other side. Mr. Sherman stated it meets all the criteria. <br /> Mr. wollenhaupt asked if it is ground water flow that is entering into that <br /> stream? t the time it was seen, was there flog? Ms Fantozzi stated there <br /> was seepage. Mr. wollenhaupt stated there was grater entering into that <br /> channel. Ms Fantoi stated correct, but it was seasonal. Mr. wollnhaupt <br /> asked if there is a flow for 6 - 8 months what disproves it from being a <br /> stream? Ms Fantozzi stated the difference is whether it is intermittent or <br /> perennial. They believe because ofthe information they have this is dry in <br /> the summer, every summer it is dry. Mr. wollenhaupt asked if it is proven i <br /> is dry more than two months? Ms Fantozzi stated there is no monitoring <br /> station there so the only proof they have is the direct testimony of those <br /> people who work there and have observed it. <br /> Mr. Wollenhaupt stated the preponderance ofcredible evidence is not there. <br />