CHAPTER 5 - RESOURCE AREAS, VALUES, PRESUMPTIONS OF SIGNIFICANCE AND GENERAL PERFORMANCE STANDARDS
It shall be noted that this chapter is a work in progress and will evolve as technology and the Commissioners base of knowledge evolves.
The following general performance standards shall apply for all resource areas. An alternative analysis commensurate with the scope of the project shall be presented. A minimum replication standard of 2:1 shall apply to all types of replication and mitigation. There shall be a minimum of a 25-foot no-disturb buffer surrounding all resource areas. There shall be a minimum of a 50-foot no-structure buffer surrounding all resource areas. No project shall lead to a violation of Massachusetts Water Quality Standards, on both numeric and narrative criteria. No project may have adverse impacts on habitat for rare or endangered species or on areas of critical environmental concern. No project will be allowed which has an adverse impact on the interests noted for each resource area. Maximum allowable alterations are at the discretion of the Commission and will be allowed on a case-by-case basis, only in extreme and rare circumstances, and are not to be construed as a right of an
applicant or landowner.
Values other than those identified in this section may be determined to be significant to a resource area on a case-by-case basis. Should the Commission determine that additional values are significant based on best professional judgment, a written statement with detailed reasons for the determination shall be submitted to the applicant. An applicant has the right to challenge the additional presumed values based on a preponderance of scientific evidence.
Failure to contain and control sedimentation and erosion on site and out of resource areas and restricted buffers will result in a Cease and Desist Order. All work on site will be stopped until erosion control barriers are corrected and sediments removed from resource areas, restricted buffer areas or impacted off-site areas.
Additional Performance Standards may apply and are listed in the specific resource area sections below.
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