Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT
Section 096-380-5 - Submissions

Universal Citation: 06 ME Code Rules ยง 096-380-5

Current through 2024-38, September 18, 2024

An application for a proposed long-term construction project must include evidence that demonstrates that the standards of the Site Law and rules adopted pursuant thereto are met. In addition, evidence must be provided demonstrating that the following standards are met.

A. Identification of areas and resources protected under the Site Law and rules. If specified assumptions for the proposed development or portion of the proposed development rather than specific designs are provided, then the applicant must identify all areas of the proposed site protected under the Site Law and rules, although the specific nature and extent of the development activity may not be known at the time that the permit is issued. If the development is within the viewshed of a scenic resource, the applicant must provide sufficient information concerning the entire development to allow the department to make a finding that scenic standards will be met.

B. Fiveyear review. The permittee of a long-term construction project shall conduct a survey of the undeveloped part of the parcel for habitats of species that are of special concern, threatened, or endangered, and for rare natural communities and ecosystems (State rarity rank of S1 through S3) as listed by the Maine Natural Areas Program, as of fiveyears from the date of permit issuance, and as of each date five years thereafter until the development is substantially completed. If any such habitat or species is discovered, the permittee must submit plans for the establishment of appropriate buffers or other protective measures to preserve the habitat. These buffers or protected areas shall be shown on as-built plans of the development completed within the five year period.

C. Ten year review. The permittee of a long-term construction project shall demonstrate that portions of the development not yet constructed will be in compliance with standards in effect at the time of the ten year review, including but not limited to:

(1) An evaluation of the conformance of future construction with department rules in effect at the time of the evaluation, to the extent that rules have been adopted or amended in the previous ten year period following issuance of the permit, unless this requirement is waived by the department.

(2) Identification and delineation of any previously unidentified areas and resources protected under the Site Law and rules.

(3) Demonstration that the requirements of Financial and Technical Capacity Standards of the Site Location of Development Act06-096 CMR 373 are still met for any portion of the development that is not substantially complete. See the submission requirements at Chapter 373(2)(B) and (3)(B).

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