Laserfiche WebLink
291 May 1999 <br /> Page 7. <br /> continuous. There is a channelized flow to the ocean at low tide; it still <br /> constitutes a river. <br /> IIs Fnti stated what is there is the beginning of the salt marsh, not a <br /> continuation of a river. A stream or a river is a body of water that flows in. <br /> channel in the 'land that confines the water with a definite bed and bank. <br /> That is the definition of a stream. That stream that they have defined n <br /> here ends right here (pointing), there is no channel that connects this point t <br /> here. if you go to ]SEP for advice in terms of the sampling, there should b <br /> stratification which means there should be indication of fresh and the fresh <br /> should be on the top, if it is a riverine situation coning don from the upland <br /> and in this instance, at high tide, they have none. There is the presence of <br /> fresh water at low tide, the depth ofthe water flow, maximum, is 2-1/2 <br /> inches. Tidal range is more than 4. At the in point sampling that is where it <br /> is 2-12 inches, at the out sampling location it was 1-1/4 inches in terms of <br /> total grater in the channel depth. They are saying that according to the-Regs <br /> that the definition for a stream or river is 'that it has primary rivcrine <br /> characteristics. That area of drainage in the salt marsh does not have <br /> primary rivrine characteristics. It is all salt at high tide and its carrying <br /> capacity has 1 inch of fresh water, it is seepage from the marsh. <br /> The Chair stated, looking at this data, it is apparent that the salinity level is <br /> lover at the top than the bottom. Mr. Sherman stated this is not based on <br /> salinity gradient. He asked Ms Fantozzi if they were making an assertion <br /> that this is not a river based upon a salinity gradient? she stated he had <br /> asked her to de the salinity and they did the test and this is considered all <br /> saline water. <br /> Mr. Sherman stated there are requirements for measurements, when a <br /> person wants to use salinity to include or exclude a river under categorical <br /> inclusion under the Rivers regulations and they include measurements over <br /> periods of time and at different tidal cycles. He does net think they have net <br /> the level of the burden of proof for a preponderance of crediblegri n . If it <br /> has a fresh water flow from seepage at low tide and is a defined channel it <br /> still can be called a river in that portion. 1 Is F` me 1 stated i there is no <br /> connection to upland drainage in terns of the stream......Mr. Sherman stated <br /> he sees no criteria in any ofthe Regs that call for that. That is not <br /> compelling criteria. It is not the Commission's position to give away <br /> jurisdiction in a situation where, he believes, ......ibis Fantoi stated there is <br /> no channelized connection. She asked, to help her to define ghat the <br /> Commission or Mr. Sherman feels is a River, any channelized flow to a salt <br />