Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.12 - Notice of Intent for an Ecological Restoration Project

Current through Register 1525, July 5, 2024
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 in accordance with
				  310 CMR 10.24(8)
				   or
				  10.53(4),
				  shall comply with the requirements of 310 CMR 10.12(1) and (2).
(1) At a minimum, a Notice of Intent for an
				Ecological Restoration Project shall include the following:
(a) the project's ecological restoration
				goals;
(b) the location of the
				Ecological Restoration Project;
(c)
				the construction sequence for completing the project;
(d) a map of the Areas Subject to Protection
				under M.G.L. c. 131, § 40, that will be temporarily or permanently altered
				by the project or include habitat for Rare Species, Habitat of Potential
				Regional and Statewide Importance, eel grass beds, or Shellfish Suitability
				Areas;
(e) an evaluation of any
				flood impacts that may affect the built environment, including without
				limitation, buildings, wells, septic systems, roads or other man-made
				structures or infrastructure as well as any proposed flood impact mitigation
				measures;
(f) a plan for invasive
				species prevention and control;
(g)
				any preliminary written determinations obtained from the Natural Heritage and
				Endangered Species Program in accordance with
				310
				CMR 10.11(2);
(h) any Time of Year restrictions and/or
				other conditions recommended by the Division of Marine Fisheries or the
				Division of Fisheries and Wildlife in accordance with
				310
				CMR 10.11(3) through (5);
(i) proof that notice was
				published in the Environmental Monitor as required by 310
				CMR10.11(1);
(j) a certification by
				the applicant under the penalties of perjury that the project meets the
				eligibility criteria set forth in
				310 CMR
				10.13,
				10.24(8)
				 or
				10.53(4),
				whichever is applicable;
(k) if
				the Ecological Restoration Project involves the construction, repair,
				replacement or expansion of infrastructure, an operation and maintenance plan
				to ensure that the infrastructure will continue to function as designed;
(l) If the project involves
				dredging of 100 cubic yards or more or dredging of any amount in an Outstanding
				Resource Water, a Water Quality Certification issued by the Department 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;
(m) if the
				Ecological Restoration Project involves work on a stream crossing, information
				sufficient to make the showing required by
				310 CMR 10.24(10)
				 for work in a coastal resource area and
				310 CMR 10.53(8)
				 for work in an inland resource area; and
(n) if the Ecological Restoration
				Project involves work on a stream crossing, baseline photo-points that capture
				longitudinal views of the crossing inlet, the crossing outlet and the upstream
				and downstream channel beds during low flow conditions. The latitude and
				longitude coordinates of the photo-points shall be included in the baseline
				data.