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20 May 1999 <br /> Page 8. . <br /> marsh that contains fresh grater at any point in time is going to be considered <br /> to be a rivet" <br /> Mr. Sherman stated this is uncharted territory and it is not a wise idea to <br /> chart out that territory in the confines ofthe next few minutes. He <br /> recommended if she insists upon the Commission accepting this plan, it is not <br /> acceptable. If she wishes to negotiate some more, a determination cannot be <br /> made tonight. <br /> Ms Fantozzi understood the problem with the upper end, the intermittent <br /> stream area but is perplexed at the thought that anything that approximates <br /> a channel in salt marsh is going to be defined as a stream. The State Regs <br /> clearly state the definition for tidal rivers. It is where the river ends and <br /> there is no longer primary riverine characteristics and she believes that <br /> ditch that drains a salt marsh is not a river. Mr. Sherman stated there is <br /> enough of a flow to keep a channel in there and it is fresh water. <br /> Ms Fantozzi stated the fresh water in that geographic area does not define <br /> that charnel. Mr. Sherman asked what does then: She stated the salt water <br /> flooding in and out does. It is not the fresh water which is only � inches in <br /> the bottom. <br /> The Chair stated it is apparent that 1t is not possible to reach a conclusion a <br /> to whether or not this channel has rlverine characteristics at this time. <br /> Mr. wirsen asked, in between the river channel and the marsh, this moguled <br /> area runs in between that, from the river to the channel`TThey are not <br /> connecting, they are all irregular in shape, they don't define a channel. <br /> Ms Fantoi stated she would like some acknowledgment from the <br /> Commission that the only two areas of contention are the ones discussed <br /> tonight and that there is consensus on the other information presented. <br /> The Agent and Commissioners were in agreement with the other <br /> information. <br /> VOTE: Motion made and seconded to continue to 3 Tune 1999 at 8:00 p.m. <br /> at the request of the applicant. Unanimous Vote. <br /> HEARING CONTINUED, <br />