Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 11.00 - Licensing Of Hydropower Generating Facilities › Section 11.04 - Coordination of Permitting and Licensing When an ENF Is Not Required

Current through Register 1525, July 5, 2024
(1)
Applicability
.
			 980 CMR 11.04 applies when a proposed project does not require MEPA review,
			 pursuant to M.G.L. c. 30, § 62E and implementing regulations.
(2)
Review of Draft Notification
			 Form
. Before filing with the agencies, a developer shall submit a
			 draft version of the Hydropower Preliminary Notification Form (HPNF) to the
			 Council. The Council shall make a determination, not later than ten days after
			 receiving such draft HPNF, whether or not it is complete. The Council may
			 reject a draft HPNF which is patently deficient or it may accept it but
			 recommend to the developer that supplementary information be included that
			 would improve and expedite the permitting and licensing agencies' review
			 process. The Council shall inform the developer in writing of its action within
			 ten days of submission of the draft HPNF.
(3)
Filing
. A
			 developer shall file the HPNF with the agencies listed in the HPNF's Table of
			 Agencies, in the number of copies indicated thereon.
Filing of the HPNF shall be made at such point in project
				planning or management as a developer may deem to be appropriate to the
				circumstances of the project, but shall be made no later than 60 days after
				official notice in the Federal Register that such developer has filed for a
				license or exemption with the Federal Energy Regulatory Commission. A developer
				may request, and the Council may approve, an extension of this fihng time upon
				a showing of good cause.
(4)
Effect of
			 Filing
. Receipt of the HPNF shall trigger action of all agenices
			 according to their statutory responsibilities. The HPNF, at the developer's
			 option and indication in such HPNF, shall serve in lieu of the Notice of Intent
			 for the local Conservation Commission's responsibilities under M.G.L. c. 131,
			 § 40, and shall trigger action of all other agencies according to their
			 statutory responsibilities.
(5)
Waiver of Pre-Licensing Conference.
(a) The Council may, upon receipt of a draft
			 HPNF, provisionally determine that a pre-licensing conference is not required
			 for a proposed project in one of the following classes:
1. Any project having a capacity of 1 OkW or
			 less; or
2. Any project having a
			 capacity in excess of lOkW; provided such project is to be located on a
			 conduit; or provided such project is to be located at an existing dam and to be
			 operated by intaking water through existing or restored intake gates and by
			 discharging such water at or below such dam and within 25 feet of the
			 downstream perimeter of such dam including any dam apron, such operation being
			 so designed and managed as to maintain an instantaneous rate of flow in the
			 waterway immediately downstream from such project equal to the rate of inflow
			 to the impoundment behind such dam; and provided fiarther that such project
			 does not involve any of the following:
a.
			 dredging or excavation of materials exceeding 20 cubic yards total volume from
			 any waterway area or areas, excepting the removal with negligible environmental
			 impact of vegetation, refuse or similar debris resting on the bottom of any
			 such waterway area;
b. placement of
			 fill or new or expanded exterior structural bulk exceeding 10 cubic yards total
			 volume in any area or areas of any watenvay, wetland or land subject to
			 flooding;
c. modification of a dam
			 excepting restoration of previously existing flashboards not exceeding 12
			 inches in height above the top of such dam and other minor repairs or
			 replacements; and
d. temporary or
			 other drawdown of an impoundment, stoppage of flow, or other dewatering
			 measures affecting any area of a waterway, whether for construction or
			 operational purposes.