Procedures

(1) Application Requirements - An applicant shall submit an application on the forms in the Abandoned Cranberry Bog Renovation application package available from the Department. The application shall be prepared in accordance with instructions contained in the Department's application package and submitted to the Southeast Regional Office. A copy of the application shall be sent to the Natural Heritage and Endangered Species Program of the Department of Fisheries, Wildlife and EnvironmentalLawEnforcement concurrentlywith the submission of the application to the Department. A copy of the Conservation Farm Plan approved by U.S.D.A. Natural Resources Conservation Service shall be submitted with the application. A copy of the application shall be sent at the time of submission to the conservation commission in the city or town where the abandoned cranberrybogis located. Failure to complete an application where required, to provide additional information required when an application is deficient, or to notify other agencies with jurisdiction where required shall be grounds for denial of a permit. The applicant has the burden of demonstrating that the criteria of310 CMR 23.00 have been met. The Department willconducta site visit unless the Department determines it is not necessary. (2) Fee and Review Schedule - The fee and regulatory review schedule for actions bythe Department in the review of an application are set forth in the Timely Action Schedule and Fee Provisions at 310 CMR 4.00. (3) Public Notice - Within ten days of submitting an application to renovate an abandoned cranberry bog, the applicant shall publish a public notice ofthe applicationina newspaper of general circulation within the area of the proposed activity. The public comment period shall begin upon publication of the public notice and shall extend for 21 days unless a longer time is specified in the public notice. The public notice shall contain: (a) the name and address of the applicant and the property owner, if different; (b) the location of the proposed activity; (c) a brief description of the activity, including the acreage of renovated bog; (d) the name and address of a person from whom additional information may be obtained and a statement that the application is available for review at the office of the conservation commission; (e) the 21 day time period within which the public may comment; 23.04: continued (f) a statement that comments should be sent to the Southeast Regional Office, Department of Environmental Protection, 20 Riverside Drive, Lakeville; and (g) a statement that any ten persons of the Commonwealth or any aggrieved person who have submitted written comments may also appeal the Department's permit decision and that failure to submit writtencomments before the end of the public comment period may result in the waiver of any right to an adjudicatory hearing. (4) Abutter Notice. A copy of the public notice shall be sent by certified mail or hand delivered to owners of abutting land located within 1000 feet of the renovation activity. (5) Public Hearing - The Department may conduct a public hearing upon request or upon its own initiative. The Department shall publish notice of the public hearing in the same manner as public notice of the application, at least 21 days but not more than 30 days in advance of the public hearing.