Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.11 - Actions Required Before Submitting a Notice of Intent for an Ecological Restoration Project

Current through Register 1525, July 5, 2024
An applicant shall take the following actions before filing a
				  Notice of Intent for an Ecological Restoration Project that meets the
				  eligibility criteria for a Restoration Order of Conditions set forth in
				  310 CMR
				  10.13 or for approval as an Ecological
				  Restoration Limited Project pursuant to
				  310 CMR 10.24(8)
				   or
				  10.53(4).
(1) At least 14 days prior to the filing a
				Notice of Intent for an Ecological Restoration Project, the applicant shall
				submit written notification of the proposed filing for publication in the
				Environmental Monitor. At a minimum, the written notification shall contain a
				brief description of the proposed project, the anticipated date of submission
				of the Notice of Intent, the name and address of the conservation commission
				that will review the Notice of Intent and shall state where copies of the
				Notice of Intent may be examined or obtained and where information on the date,
				time, and location of the public hearing may be obtained.
(2) If the project will impact an area
				located within estimated habitat which is indicated on the most recent
				Estimated Habitat Map of State-listed Rare Wetlands Wildlife published by the
				Natural Heritage and Endangered Species Program (the Program), the applicant
				shall obtain a written preliminary determination from the Program as to whether
				the Rare Species identified on the aforementioned map are likely to continue to
				be located on or near the project and, if so, whether the Resource Area to be
				altered by the proposed project is in fact part of the habitat of the Rare
				Species. If the Program issues a preliminary determination that the Resource
				Area that would be altered by the proposed project is in fact within the
				habitat of a Rare Species, the preliminary determination shall identify the
				Rare Species whose habitat would be altered and recommend any changes or
				conditions that are necessary to ensure that the project will have no short or
				long term adverse effect on the habitat of the local population of the Rare
				Species or the project will be carried out in accordance with a habitat
				management plan that has been approved in writing by the Natural Heritage and
				Endangered Species Program and submitted with the Notice of Intent.
(3) If the project will occur within a
				coastal waterbody with a restricted Time of Year, as identified in Appendix B
				of the Division of Marine Fisheries Technical Report TR 47 Marine Fisheries
				Time of Year Restrictions (TOYs) for Coastal Alteration Projects dated April
				2011, the applicant shall obtain a written determination from the Division of
				Marine Fisheries as to whether the proposed work requires a TOY restriction,
				and if so, the written determination shall specify the recommended TOY
				restriction and any other recommended conditions on the proposed
				work.
(4) If the project may affect
				a diadromous fish run as identified in the Division of Marine Fisheries
				Technical Reports TR 15 through 18, dated 2004, the applicant shall obtain a
				written determination from the Division of Marine Fisheries as to whether the
				design specifications and operational plan for the project are compatible with
				the passage requirements of the fish run.
(5) If the project involves silt-generating,
				in-water work that will impact a non-tidal perennial river or stream, the
				in-water work shall either occur between May 1st and
				August 30th or the applicant shall obtain a
				determination from the Division of Fisheries and Wildlife as to whether the
				proposed work requires a TOY restriction, and if so, the written determination
				shall specify the recommended TOY restriction and any other recommended
				conditions on the proposed work.
(6) If the Ecological Restoration Project
				involves dredging of 100 cubic yards or more in a Resource Area or dredging of
				any amount in an Outstanding Resource Water, the applicant shall obtain a Water
				Quality Certification pursuant to
				314 CMR 9.00: 401 Water
				Quality Certification for Discharge of Dredged or Fill Material, Dredging, and
				Dredged Material Disposal in Waters of the United States Within the
				Commonwealth prior to submitting a Notice of Intent.