Section 10.68 - Vegetation Management on Existing Utility Rights-of-way: Coordinated Permit Review(1)General. Activities which consist of vegetation management activities conducted by gas or electric utility companies on existing rights-of-way subject to review under 333 CMR 11.00 are not subject to standard review under 321 CMR 10.66 by the Director if the following coordinated permit review procedures are followed.(2)Review of Vegetation Management and Yearly Operating Plans. Vegetation Management Plans (VMPs) and Yearly Operating Plans (YOPs) shall be submitted to NHESP at the same time they are submitted to the Department of Agricultural Resources, pursuant to M.G.L. c. 132B, § 6B and 333 CMR 11.00. For the purposes of 321 CMR 10.38, the VMP or YOP shall mean the document prepared for the Department of Agricultural Resources pursuant to 333 CMR 11.00 and any maps or plans of appropriate scale and detail requested by NHESP for the purpose of determining the precise location of vegetation management activities. If NHESP does not request any such maps or plans during the review period the VMP or YOP shall be considered complete. No more than 90 days following receipt of the VMP or YOP, NHESP shall provide recommendations to the applicant and the Department of Agricultural Resources with respect to the avoidance, minimization or mitigation of impacts on state listed species.(3)Issuance of a Permit By the Director.(a)Request for Permit. Prior to commencing vegetation management activities the applicant shall submit to the Director copies of the VMP, YOP, and comments submitted by the NHESP on the VMP and YOP, if any.(b)Review of Materials. Based on the materials submitted, the Director shall determine whether the NHESP reviewed the VMP and YOP within 90 days of receipt of such plans and made recommendations with respect to the avoidance, minimization or mitigation of impacts on state listed species; and whether the applicant has incorporated any such avoidance, minimization, or mitigation measures in the VMP and YOP. If the Director finds that the NHESP made such recommendations and that they were incorporated into the VMP and YOP by the applicant, 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. The Director shall send a copy of the Alteration Permit to the Department of Agricultural Resources.(c)Denial of Permit. If the Director finds that the applicant has not incorporated such recommendations, the Director shall deny the permit. The Director shall send notice of denial of the permit to the applicant and the Department of Agricultural Resources.(4)Failure of NHESP to Comment. Failure of the NHESP to make any recommendations within 90 days of receipt of the VMP or YOP shall be equivalent to the issuance of a permit by the Director. This rule applies only to VMPs or YOPs submitted to NHESP after the issuance of notice of public hearing of proposed Significant Habitat designation pursuant to 321 CMR 10.32(1)(a). Upon request of the landowner or applicant, the Director shall determine whether NHESP failed to comment within 90 days of receipt of the VMP or YOP and certify in writing NHESP's failure to comment if such failure occurred.