Pre-filing Requirements for Consultation with MEPA Office and Agency Consultation

(1) Prior to filing the Pre-filing Notice, the Applicant shall consult with the MEPA Office and all relevant Local Government and state permitting agencies identified by the Applicant to receive feedback on compliance with regulatory requirements and other best practices to avoid or minimize impacts, as well as receive recommendations for project specific studies or analyses that may be needed to inform the permitting agencies’ review of the project once it is filed with the Board. The MEPA Office may recommend additional state or federal agencies with which the Applicant shall consult. Applicants shall meet the following requirements: (a) During the consultation with the MEPA Office and other relevant Agency Consultation, the Applicant shall: 1. Provide basic Project details including a description of proposed work activities and potential Project impacts on the Community; 2. List all required Local Government, state, and federal Permits it anticipates either to be issued by or would have otherwise been issued by each relevant Local Government, state, and federal permitting entity. See 980 CMR 13.05(1); 3. If available, present copies of relevant draft applications for applicable state, regional and local Permits and approvals that would otherwise be issued by each relevant Local Government, state, and federal permitting entity; 4. If available, present copies of relevant draft Permits that would otherwise be issued by each relevant Local Government, state, and federal permitting entity; 5. Discuss with the MEPA Office the need for meetings with additional state or federal agencies; 6. For LCEGFs, SCEGFs, LCESFs, SCESFs and Generating Facilities, present a description of the site selection process used in selecting the Applicant’s proposed option along with locus maps/lists showing any alternate Project designs considered and associated environmental resource constraints (e.g., Article 97 land, wetlands, M.G.L. c. 91 boundaries, rare species habitat, Areas of Critical Environmental Concern, etc.) as well as potential environmental, public health, public welfare, or public safety impacts from the Project as proposed; 7. For LCTDIFs, SCTDIFs, and transmission Facilities, present a description of the route/site selection process and the alternatives analysis used in selecting the Applicant’s preferred option. Include a description of Project alternatives and alternative sites/routes considered along with locus maps/lists showing anticipated Project locations and associated environmental resource constraints (e.g., Article 97 land, wetlands, M.G.L. c. 91 boundaries, rare species habitat, Areas of Critical Environmental Concern, etc.); 8. Discuss how site suitability criteria, cumulative impact analysis requirements, and cumulative impact analysis tool as described in 980 CMR 15.00: Cumulative Impact Analysis and Standards for Applying Site Suitability Criteria were incorporated into the selection of the Applicant’s proposed Project site or LCEGFs, SCEGFs, LCESFs, SCESFs, and Generating Facilities, as applicable, and how they were incorporated during the route/site selection process for LCTDIFs, SCTDIFs, and transmission Facilities, as applicable; 9. Identify any Burdened Areas using the Burdened Areas Map referenced in 980 CMR 15.04: Determination of Burdened Areas. Include a map showing Project location and proximity of Burdened Areas; 10. Identify any Burdened Areas that touch any parcel boundaries that will host one or more portions of a Project for each site location using the Commonwealth’s Burdened Areas Map, 980 CMR 15.05: Identification of Burdened Areas Intersecting the Specific Geographical Area of a Project Site or Route; 11. Share preliminary information on environmental impacts and potential avoidance, minimization, and mitigation measures. Rare species information shall not be shared without written approval by Mass Wildlife’s Natural Heritage and Endangered Species Program (M.G.L. c. 66, § 17D); and 12. Discuss decommissioning and site restoration plans developed pursuant to 980 CMR 1.10: Decommissioning and Site Restoration Plan. (b) During any subsequent meetings with the MEPA Office and relevant Agency Consultation, the Applicant may discuss specific issues of interest to the agency and/or the Applicant. At these meetings the Applicant shall also present relevant: 1. A description of how the Applicant has responded to feedback provided during Agency Consultation and by Key Stakeholders and the Community; 2. A status update and/or results of any project-specific scientific studies or analyses that are ongoing or have been completed; and 3. Project design changes that have occurred since the previous meeting and how the Applicant communicated these changes to the Local Government and state permitting agencies with Permits affected by the design changes.