Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.04 - Procedures

Current through Register 1525, July 5, 2024
(1)
Application
			 Requirements
- An applicant shall submit an application on the
			 forms in the Abandoned Cranberry Bog Renovation application package available
			 from the Department. The application shall be prepared in accordance with
			 instructions contained in the Department's application package and submitted to
			 the Southeast Regional Office. A copy of the application shall be sent to the
			 Natural Heritage and Endangered Species Program of the Department of Fisheries,
			 Wildlife and Environmental Law Enforcement concurrently with the submission of
			 the application to the Department. A copy of the Conservation Farm Plan
			 approved by U.S.D.A. Natural Resources Conservation Service shall be submitted
			 with the application. A copy of the application shall be sent at the time of
			 submission to the conservation commission in the city or town where the
			 abandoned cranberry bog is located. Failure to complete an application where
			 required, to provide additional information required when an application is
			 deficient, or to notify other agencies with jurisdiction where required shall
			 be grounds for denial of a permit. The applicant has the burden of
			 demonstrating that the criteria of
			 310 CMR 23.00 have been met.
			 The Department will conduct a site visit unless the Department determines it is
			 not necessary.
(2)
Fee
			 and Review Schedule
- The fee and regulatory review schedule for
			 actions by the Department in the review of an application are set forth in the
			 Timely Action Schedule and Fee Provisions at
			 310 CMR 4.00.
(3)
Public Notice
-
			 Within ten days of submitting an application to renovate an abandoned cranberry
			 bog, the applicant shall publish a public notice of the application in a
			 newspaper of general circulation within the area of the proposed activity. The
			 public comment period shall begin upon publication of the public notice and
			 shall extend for 21 days unless a longer time is specified in the public
			 notice. The public notice shall contain:
(a)
			 the name and address of the applicant and the property owner, if
			 different;
(b) the location of the
			 proposed activity;
(c) a brief
			 description of the activity, including the acreage of renovated bog;
(d) the name and address of a person from
			 whom additional information may be obtained and a statement that the
			 application is available for review at the office of the conservation
			 commission;
(e) the 21 day time
			 period within which the public may comment;
(f) a statement that comments should be sent
			 to the Southeast Regional Office, Department of Environmental Protection, 20
			 Riverside Drive, Lakeville; and
(g)
			 a statement that any ten persons of the Commonwealth or any aggrieved person
			 who have submitted written comments may also appeal the Department's permit
			 decision and that failure to submit written comments before the end of the
			 public comment period may result in the waiver of any right to an adjudicatory
			 hearing.