Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 10.00 - Massachusetts Endangered Species Act
Part IV - Alteration of Significant Habitat
Section 10.67 - MEPA: Coordinated Permit Review
Universal Citation: 321 CMR
10.00 MA Code of Regs 10.67
Current through Register 1531, September 27, 2024
(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.
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