321 Mass. Reg. 10.67

Current through Register 1524, June 21, 2024
Section 10.67 - MEPA: Coordinated Permit Review
(1)General. Activities which are part of projects reviewed under MEPA are subject to the following coordinated permit review procedures.
(2)Procedures.
(a) If the secretary of EOEA has certified that a project does not require the preparation of an EIR, the proponent shall submit to the Director a copy of the secretary's ENF certificate.
(b) If an EIR was prepared for a project and the Final EIR was certified by the secretary, the proponent shall submit to the Director a copy of the secretary's certificate on the Final EIR.
(c) The Director shall determine whether the NHESP reviewed the project within the time periods prescribed at 321 CMR 10.67(2)(e) and made recommendations with respect to the avoidance, minimization or mitigation of impacts on Endangered, Threatened, or Special Concern species; and whether the project proponent has incorporated any such avoidance, minimization, or mitigation measures in the project design. If the Director finds that the NHESP made such recommendations and that they were incorporated into the project design by the project proponent, the Director shall issue an Alteration Permit forthwith without further conditions, except that the permit may be conditioned upon implementation of such avoidance, minimization, or mitigation measures, which may include biological monitoring and reporting requirements to enable the Director to determine if the avoidance, minimization, or mitigation measures are fulfilling the conditions of the permit.
(d) If the Director finds that the project proponent has not incorporated such recommendations, the Director shall deny the permit.
(e) Failure of the NHESP to make any recommendations within the following time periods shall be equivalent to the issuance of a permit by the Director:
1. if an EIR is not required, or further review is not required after notice of project change, 90 days after the secretary issues a notice of the receipt of the ENF, as described in M.G.L. c. 30, § 62A and the regulations thereunder;
2. if an EIR is required, or further review is required, prior to certification by the Secretary that the final EIR or project change adequately and properly complies with MEPA; or
3. if preparation of an EIR has been waived by the Secretary, during the time period prescribed by the MEPA regulations for comments on the tentative grant of waiver.

321 CMR 10.67