Definitions

Activity. Any proposed project, scheme or plan of action which will result in a discharge of dredged or fill material subject to jurisdiction under 33 U.S.C. 1251 or dredging and dredged material management. In determining thresholds for and conducting evaluations of applications, the entirety of the activity, including likely future expansions, shall be considered and not separate phases or segments thereof. The activity includes temporary and permanent, direct and indirect, and cumulative impacts from the construction and ongoing operation of a project. The calculation of square footage shall include the total of the applicable areas proposed to be lost from the impacts of the activity, without reduction for replication or restoration. Aggrieved Person. Any person who, because of a 401 Water Quality Certification determination by the Department, may suffer an injury in fact which is different either in kind or magnitude from that suffered by the general public and which is within the scope of interests identified in 314 CMR 9.00. Applicant. A person proposing any activity that will result in a discharge of dredged or fill material, or a discharge from dredging or dredged material disposal in any water of the United States within the Commonwealth. Aquatic Ecosystem. Waters of the United States within the Commonwealth, including wetlands, that serve as habitat for interrelated and interacting communities and populations of plants and animals. Area of Critical Environmental Concern. An area designated by the Secretary pursuant to M.G.L. c. 21A, § 2(7) and 301 CMR 12.00: Areas of Critical Environmental Concern. Bordering Vegetated Wetlands. Any land or surface area so defined by the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40 and 310 CMR 10.55(2): Definition, Critical Characteristics and Boundary. Clean Water Act. The federal statute at 33 U.S.C. 1251 which contains §§ 401 and 404. Cold-water Fisheries. Waters in which the mean of the maximum daily temperature over a seven day period generally does not exceed 68ºF (20ºC) and, when other ecological factors are favorable (such as habitat), are capable of supporting a year round population of cold-water stenothermal aquatic life. Waters designated as cold-water fisheries by the Department in 314 CMR 4.00: Massachusetts Surface Water Quality Standards and water designated as cold- water fishery resources by the Division of Fisheries and Wildlife are cold-water fisheries. Waters where there is evidence based on a fish survey that a cold-water fishery and habitat exist are also cold-water fisheries. Cold-water fish include but are not limited to brook trout (Salvelinus fontanlis), rainbow trout (Oncorhynchus mykiss), brown trout (Salmo trutta), creek chubsucker (Erimyzon oblongus), and fallfish (Semotilus corporalis). Combined Application. An application that may serve as a Notice of Intent pursuant to 310 CMR 10.00: Wetlands Protection, an application for a 401 Water Quality Certification pursuant to 314 CMR 9.00, and/or an application for a Chapter 91 license, permit or other written approval for a water-dependent use pursuant to 310 CMR 9.00: Waterways. Notwithstanding the foregoing, a Combined Application may not serve as an application for an annual permit for a mooring, float, raft or small structure accessory to a residence in accordance with 310 CMR 9.07: Activities Subject to Annual Permit, an application for a Chapter 91 license for a small structure accessory to a residence in accordance with the simplified process set forth in 310 CMR 9.10: Simplified Procedures for Small Structures Accessory to Residences, or the certification submitted as an application for a General License in accordance with 310 CMR 9.29: General License Certification. Combined Permit. A decision issued in response to a Combined Application that serves as two or more of the following: a Superseding Order of Conditions issued pursuant to 310 CMR 10.00: Wetlands Protection; a 401 Water Quality Certification issued pursuant to 314 CMR 9.00; and/or a Chapter 91 permit, license or other written approval issued pursuant to 310 CMR