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

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 1/2 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.