Compliance with M.G.L. c. 30, §§ 61 through 62H

(1) The Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H, may require an applicant to file an Environmental Notification Form (ENF) and possibly an Environmental Impact Report (EIR) for the proposed work, prior to the Department's issuance of a Superseding Order. See 301 CMR 11.00: MEPA Regulations. (2) If said filing is required, the Department shall so notify the applicant upon receipt of the request for the Department to act. If within 70 days of the request for the Department to act the applicant has not filed an ENF, the Department may issue a Superseding Order prohibiting the project; provided, however, that such an order shall not issue if the Executive Office of Energy and Environmental Affairs determines that the filing of an ENF is not required. (3) In determining total surface area for purposes of M.G.L. c. 30, §§ 6 through 62H wetlands threshold set forth in 301 CMR 11.25(2) and 11.26(7)(a), only those portions of the Areas Subject to Protection under M.G.L. c. 131, § 40 specified in 310 CMR 10.02(1), not including the Buffer Zone, which will be removed, filled, dredged or altered shall be considered.