Actions Required Before Submitting a Notice of Intent for an Ecological Restoration Project

An applicant shall take the following actions before filing 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 pursuant to 310 CMR 10.24(8) or 10.53(4). (1) At least 14 days prior to the filing a Notice of Intent for an Ecological Restoration Project, the applicant shall submit written notification of the proposed filing for publication in the Environmental Monitor. At a minimum, the written notification shall contain a brief description of the proposed project, the anticipated date of submission of the Notice of Intent, the name and address of the conservation commission that will review the Notice of Intent and shall state where copies of the Notice of Intent may be examined or obtained and where information on the date, time, and location of the public hearing may be obtained. (2) If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife published by the Natural Heritage and Endangered Species Program (the Program), the applicant shall obtain a written preliminary determination from the Program as to whether the Rare Species identified on the aforementioned map are likely to continue to be located on or near the project and, if so, whether the Resource Area to be altered by the proposed project is in fact part of the habitat of the Rare Species. If the Program issues a preliminary determination that the Resource Area that would be altered by the proposed project is in fact within the habitat of a Rare Species, the preliminary determination shall identify the Rare Species whose habitat would be altered and recommend any changes or conditions that are necessary to ensure that the project will have no short or long term adverse effect on the habitat of the local population of the Rare Species or the project 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. (3) If the project will occur within a coastal waterbody with a restricted Time of Year, as identified in Appendix B of the Division of Marine Fisheries Technical Report TR 47 Marine Fisheries Time of Year Restrictions (TOYs) for Coastal Alteration Projects dated April 2011, the applicant shall obtain a written determination from the Division of Marine Fisheries as to whether the proposed work requires a TOY restriction, and if so, the written determination shall specify the recommended TOY restriction and any other recommended conditions on the proposed work. (4) If the project may affect a diadromous fish run as identified in the Division of Marine Fisheries Technical Reports TR 15 through 18, dated 2004, the applicant shall obtain a written determination from the Division of Marine Fisheries as to whether the design specifications and operational plan for the project are compatible with the passage requirements of the fish run. (5) If the project involves silt-generating, in-water work that will impact a non-tidal perennial st th river or stream, the in-water work shall either occur between May 1 and August 30 or the applicant shall obtain a determination from the Division of Fisheries and Wildlife as to whether the proposed work requires a TOY restriction, and if so, the written determination shall specify the recommended TOY restriction and any other recommended conditions on the proposed work. (6) If the Ecological Restoration Project involves dredging of 100 cubic yards or more in a Resource Area or dredging of any amount in an Outstanding Resource Water, the applicant shall obtain a Water Quality Certification 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 prior to submitting a Notice of Intent.