Issuance of a Constructive Approval

(1) If the Board has not issued a Consolidated Permit or Consolidated State Permit pursuant to 980 CMR 13.10: EFSB Consolidated Permit Decisions, within the applicable statutory timeframe under 980 CMR 13.02(4)(a): Review Timeframe, the draft Constructive Approval, as developed and modified pursuant to 980 CMR 17.02, shall be deemed issued on the applicable deadline date as a final Constructive Approval. (2) The Presiding Officer shall distribute the final Constructive Approval to all persons entitled to notice within five business days of the applicable review timeframe under 980 CMR 13.02(4)(a): Review Timeframe. (3) The evidentiary record shall close upon the distribution of the final Constructive Approval.