***** 324.30305b THIS SECTION IS REPEALED BY ACT 98 OF 2013 EFFECTIVE 160 DAYS AFTER THE EFFECTIVE DATE, AS PUBLISHED IN THE FEDERAL REGISTER, OF AN ORDER BY THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER 40 CFR 233.53(c)(8)(vi) WITHDRAWING APPROVAL OF THE STATE PROGRAM UNDER 33 USC 1344(g) AND (h). (See enacting section 2 of Act 98 of 2013.) *****
Sec. 30305b.
(1) The department shall consider construction of cranberry beds, including associated dikes and water control structures associated with dikes, such as headgates, weirs, and drop inlet structures, to be a water dependent activity.
(2) The following activities associated with cranberry operations are not considered to be water dependent:
(a) The construction of roads, ditches, reservoirs, and pump houses that are used during the cultivation of cranberries.
(b) The construction of secondary support facilities for shipping, storage, packaging, parking, and similar purposes.
(3) The demonstration by an applicant under section 30311 that there is no feasible and prudent alternative to the construction of cranberry beds, including dikes and water control structures associated with dikes, is not subject to either of the following presumptions:
(a) That feasible and prudent alternatives that do not involve a wetland are available.
(b) That a feasible and prudent alternative that does not affect a wetland will have less adverse effects on the aquatic ecosystem.
History: Add. 2009, Act 120, Eff. Nov. 6, 2009
Last modified: October 10, 2016