Notice of Intent for an Ecological Restoration Project

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 CMR 10.11(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. (2) If the Notice of Intent for an Ecological Restoration Project is a Combined Application that serves as the application for a license, permit or other written approval for a water-dependent use project pursuant to 310 CMR 9.00: Waterways, the Notice of Intent shall also state: (a) whether the project has the potential to impact any docks, piers or boat ramps and, if so, describe the nature of those impacts and any necessary mitigation; (b) whether the project involves any structures that have been authorized under Chapter 91; and (c) whether the project has the potential to impact private water supply wells including agricultural or aquacultural wells or surface water withdrawal points. (3) Notwithstanding the provisions of 310 CMR 10.54(4)(a)5., 10.56(4)(a)4., and 10.60, 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.