Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.13 - Eligibility Criteria for Restoration Order of Conditions

Current through Register 1525, July 5, 2024
Notwithstanding the provisions of
				  310 CMR
				  10.25 through
				  10.35,
				  10.54
				  through
				  10.58, and
				  10.60,
				  an Ecological Restoration Project shall be permitted by a Restoration Order of
				  Conditions provided that the project meets all applicable eligibility criteria
				  in 310 CMR 10.13. Ecological Restoration Projects permitted by a Restoration
				  Order of Conditions may result in the temporary or permanent loss of Resource
				  Areas and/or the conversion of one Resource Area to another when such loss
				  and/or conversion is necessary to the achievement of the project's ecological
				  restoration goals.
(1) An Ecological
				Restoration Project shall be permitted by a Restoration Order of Conditions if
				it meets all of the following eligibility criteria:
(a) The project is an Ecological Restoration
				Project as defined in
				310 CMR 10.04, is a
				project type listed in 310 CMR 10.13(2) through (7), and the applicant has
				submitted a Notice of Intent that meets all applicable requirements of
				310 CMR
				10.12.
(b) The project will further at least one of
				the interests identified in M.G.L. c. 131, § 40.
(c) The project will not have any short-term
				or long-term adverse effect, as identified by the procedures established by
				310
				CMR 10.11, on specified habitat sites of Rare
				Species located within the Resource Areas that may be affected by the project
				or 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.
(d) To the maximum extent practicable, the
				project will:
1. avoid adverse impacts to
				Resource Areas and the interests identified in M.G.L. c. 131, § 40, that
				can be avoided without impeding the achievement of the project's ecological
				restoration goals;
2. minimize
				adverse impacts to Resource Areas and the interests identified in M.G.L. c.
				131, § 40, that are necessary to the achievement of the project's
				ecological restoration goals; and
3. utilize best management practices such as
				erosion and siltation controls and proper construction sequencing to prevent
				and minimize adverse construction impacts to Resource Areas and the interests
				identified in M.G.L. c. 131, § 40
(e) The project will not have significant
				adverse effects on the interests of flood control and storm damage prevention
				in relation to the built environment (i.e., the project will not result in a
				significant increase in flooding or storm damage affecting buildings, wells,
				septic systems, roads or other human-made structures or
				infrastructure).
(f) If the project
				will involve the dredging of 100 cubic yards of sediment or more or dredging of
				any amount in an Outstanding Resource Water, the Notice of Intent includes a
				Water Quality Certification issued by the Department in accordance with
				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.
(g) The project will
				not substantially reduce the capacity of a Resource Area to serve the habitat
				functions identified in
				310 CMR
				10.60(2). A project will be
				presumed to meet this eligibility criteria if the project as proposed in the
				Notice of Intent will be carried out in accordance with any time of year
				restrictions or other conditions recommended by the Division of Marine
				Fisheries for coastal waters, and by the Division of Fisheries and Wildlife for
				inland waters in accordance with
				310
				CMR 10.11(3) through (5). As
				set forth in
				310 CMR
				10.12(3), a person
				submitting a Notice of Intent for an Ecological Restoration Project that meets
				the requirements of
				310 CMR
				10.12(1) and (2) is exempt
				from the requirement to perform a wildlife habitat evaluation in accordance
				with
				310 CMR
				10.60.
(h) If the Ecological Restoration Project
				involves work on a stream crossing, the stream crossing has been designed in
				accordance with
				310 CMR 10.24(10)
				 for work in coastal resource areas and
				310 CMR 10.53(8)
				 for work in inland resource areas, as
				applicable.
(i) The Ecological
				Restoration Project will not result in a discharge of dredged or fill material
				within 400 feet of the high water mark of a Class A surface water (exclusive of
				its tributaries unless the project is conducted by a public water system under
				310 CMR
				22.00: Drinking Water or a public agency or authority
				for the maintenance or repair of existing public roads or railways in
				accordance with
				314 CMR
				4.06(1)(d)1.
(j) The Ecological Restoration Project will
				not result in a discharge of dredged or fill material to a vernal pool
				certified by the Division of Fisheries and Wildlife.
(k) The Ecological Restoration Project will
				not result in a point source discharge to an Outstanding Resource Water.
(l) The Ecological Restoration
				Project will not involve the armoring of a Coastal Dune or Barrier
				Beach.