5.1 BANKS
Banks are likely to be significant to public or private water supply, to ground water supply,
to flood control, to storm damage prevention, to the prevention of pollution, to the protection of fisheries and wildlife habitat, Water Quality Protection, Water Pollution Control, Erosion Control and Sedimentation Control.
Where Banks are composed of concrete, asphalt or other artificial impervious material, said Banks are likely to be significant to flood control and storm damage prevention.
Banks are areas where ground water discharges to the surface and where, under some circumstances,
surface water recharges the ground water.
Where Banks are partially or totally vegetated, the vegetation serves to maintain the Banks’ stability,
which in turn protects water quality by reducing erosion and siltation. Banks may also provide shade that moderates water temperatures, as well as providing breeding habitat, escape cover and food, all of which are significant to the protection of fisheries. Banks which drop off quickly or overhang the water’s edge often contain numerous undercuts which are favorite hiding spots for important game species. The topography, plant community composition and structure, and soil structure of banks together provide important food, shelter, migratory and overwintering areas, and breeding areas for wildlife. Topography plays a role in determining the suitability of banks to serve as burrowing or feeding habitat. Soil structure also plays a role in determining the suitability for burrowing, hibernation
and other cover. Bank topography and soil structure impact the bank’s vegetative structure, as well. Bushes and other undergrowth, trees, vegetation extending from the bank into the water, and vegetation growing along the water’s edge are also important to a wide variety of wildlife. A number of tubers and berry bushes also grow in banks and serve as important food for wildlife. Finally, banks may provide important shelter for wildlife which needs to move between wetland areas.
Banks act to confine floodwaters during the most frequent storms, preventing the spread of water to
adjacent land. Because Banks confine water during such storms to an established channel they maintain
water temperatures and depths necessary for the protection of fisheries. The maintenance of cool water
temperatures during warm weather is critical to the survival of important game species such as brook trout
(Salvelinus fontinalis), rainbow trout (Oncorhynchus mykiss)(Salmo gairdneri) and brown trout (Salmo trutta). An alteration of a Bank that permits water to frequently and consistently spread over a large and more shallow area increases the amount of property which is routinely flooded, as well as elevating water temperature and reducing fish habitat within the main channel, particularly during warm weather.
5.1.1 Definition, Critical Characteristics and Boundary
A Bank is the portion of the land surface which normally abuts and confines a water body. It occurs between a water body and a vegetated bordering wetland and adjacent flood plain; or, in the absence of these, it occurs between a water body and an upland. A Bank may be partially or totally vegetated, or it may be comprised of exposed soil, gravel or stone. The physical characteristics of a Bank, as well as its location, are critical to the protection of the interests identified. The upper boundary of a Bank is the first observable break in the slope or the mean annual flood level, whichever is higher.
5.1.2 General Performance Standards
Any proposed work on a Bank shall not impair the following:
1. The physical stability of the Bank;
2. The water carrying capacity of the existing channel within the Bank;
3. Ground water and surface water quality;
4. The capacity of the Bank to provide breeding habitat, escape cover and food for fisheries;
5. The capacity of the Bank to provide important wildlife habitat functions.
Where a proposed activity will remove, fill, dredge, build upon, degrade, discharge into or otherwise alter of a Bank, the Commission shall presume that such area is significant to the interests identified. This presumption may be overcome upon a clear showing that the Bank does not play a role in the protection of said interests. In the event that the presumption is deemed to have been rebutted, the Commission shall make a written determination to this effect, setting forth its grounds.
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