Performance Standards

(1) No renovation shall be permitted if it would adversely impact the habitat of rare animal or plant species as determined by the Natural Heritage and Endangered Species Program or the Department. No alteration of a vernal pool shall be allowed. (2) All activities shall be conducted in accordance with U.S.D.A. Natural Resources Conservation Services (NRCS) Standards and best management practices, available from the Massachusetts Cranberry Experiment Station as approved by NRCS, as applicable. The cranberry operation shall have a Conservation Farm Plan approved by the NRCS prior to application for renovation activities. (3) A tail water recovery system shall be established as necessary to protect water quality downstream. The systemshallbe able to retain on site a volume of water equal to the capacity of the bogfor at least five days prior to discharging into a pond, river, or wetland. A by-pass canal shall be constructedandmaintainedasnecessary to isolate naturally flowing water away from the bog area. The by-pass canal shall be constructed within the existing dike system or in an upland area. Bypass canals shall be provided with fish passage structures or adequate flows to protect anadromous fish runs. (4) No cranberry bog renovation activities whichwillproduce siltationor obstruct flows are allowed between March 1 and June 30 or between September 1 and October 31 in areas with anadromous fish runs as identified by the Division of Marine Fisheries. Water intake structures on anadromous fish runs shall have screens with a maximum of ¼ inch mesh and intake velocities cannot exceed ½ cubic foot per second. Adequate flows and water quality shall be maintained during spawning and down running periods of anadromous fish. (5) No cranberry bog renovation activities shall cause an increase inflood elevations on adjacent or other downstream properties. To conserve water within the bog, the construction should be laser leveled or its equivalent to six inches. (6) Renovation of abandoned cranberry bogs shall not result in any filling of wetlands or water bodies except that which necessarily occurs as a result of normal renovation practices or the repair or replacement of dikes and water control structures. Alteration of bordering vegetated wetlands that were not in agriculturaluse onor before January 1, 1959 is prohibited. Any fill shall be composed of suitable material and properly maintained to prevent erosion or other nonpoint sources of pollution. All permanent and temporary alterations shall be properly stabilized to prevent erosion. (7) Renovation of an abandoned cranberry bog shall include mitigation to protect wildlife habitat by one or a combination of the following: (a) 1:1 replication for wetlands altered. The replacement area must be substantially equivalent to the abandoned bog in terms of ground and surface water elevations, horizontalconfiguration, and general location. At least 75% of the surface area shall be reestablished with indigenous wetland plant species within two growing periods; 23.05: continued (b) implementation of a wildlife habitat enhancement planapproved inwriting by the Department and designed to promote wildlife habitat to compensate for the habitat lost to renovation activities; or (c) for every acre of renovated bog, an equal or greater area of undisturbed land or land managed to enhance wildlife habitat values is protected from development through a conservation restriction for the duration of cranberry production at the cranberry bog. (8) Any activities must be directly related to the cultivation and harvesting of cranberries. If a renovated bog is subsequently abandoned, the natural hydrology shall be restored. (9) Activities shallnot be permitted in the rare circumstances that the criteria of 310 CMR 23.05(1) through (8) are met but the renovation will result in substantial adverse effects on the interests identified in St. 1996, c. 258.