Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 11.00 - Licensing Of Hydropower Generating Facilities
Section 11.04 - Coordination of Permitting and Licensing When an ENF Is Not Required

Universal Citation: 980 MA Code of Regs 980.11

Current through Register 1531, September 27, 2024

(1) Applicability. 980 CMR 11.04 applies when a proposed project does not require MEPA review, pursuant to M.G.L. c. 30, § 62E and implementing regulations.

(2) Review of Draft Notification Form. Before filing with the agencies, a developer shall submit a draft version of the Hydropower Preliminary Notification Form (HPNF) to the Council. The Council shall make a determination, not later than ten days after receiving such draft HPNF, whether or not it is complete. The Council may reject a draft HPNF which is patently deficient or it may accept it but recommend to the developer that supplementary information be included that would improve and expedite the permitting and licensing agencies' review process. The Council shall inform the developer in writing of its action within ten days of submission of the draft HPNF.

(3) Filing. A developer shall file the HPNF with the agencies listed in the HPNF's Table of Agencies, in the number of copies indicated thereon.

Filing of the HPNF shall be made at such point in project planning or management as a developer may deem to be appropriate to the circumstances of the project, but shall be made no later than 60 days after official notice in the Federal Register that such developer has filed for a license or exemption with the Federal Energy Regulatory Commission. A developer may request, and the Council may approve, an extension of this fihng time upon a showing of good cause.

(4) Effect of Filing. Receipt of the HPNF shall trigger action of all agenices according to their statutory responsibilities. The HPNF, at the developer's option and indication in such HPNF, shall serve in lieu of the Notice of Intent for the local Conservation Commission's responsibilities under M.G.L. c. 131, § 40, and shall trigger action of all other agencies according to their statutory responsibilities.

(5) Waiver of Pre-Licensing Conference.

(a) The Council may, upon receipt of a draft HPNF, provisionally determine that a pre-licensing conference is not required for a proposed project in one of the following classes:
1. Any project having a capacity of 1 OkW or less; or

2. Any project having a capacity in excess of lOkW; provided such project is to be located on a conduit; or provided such project is to be located at an existing dam and to be operated by intaking water through existing or restored intake gates and by discharging such water at or below such dam and within 25 feet of the downstream perimeter of such dam including any dam apron, such operation being so designed and managed as to maintain an instantaneous rate of flow in the waterway immediately downstream from such project equal to the rate of inflow to the impoundment behind such dam; and provided fiarther that such project does not involve any of the following:
a. dredging or excavation of materials exceeding 20 cubic yards total volume from any waterway area or areas, excepting the removal with negligible environmental impact of vegetation, refuse or similar debris resting on the bottom of any such waterway area;

b. placement of fill or new or expanded exterior structural bulk exceeding 10 cubic yards total volume in any area or areas of any watenvay, wetland or land subject to flooding;

c. modification of a dam excepting restoration of previously existing flashboards not exceeding 12 inches in height above the top of such dam and other minor repairs or replacements; and

d. temporary or other drawdown of an impoundment, stoppage of flow, or other dewatering measures affecting any area of a waterway, whether for construction or operational purposes.

(b) At any time not more than 30 days following fiUng of an HPNF, the Council may, for good cause or at the request of the developer or an agency, determine that a pre-licensing conference shall be convened for a project that was initially exempted, or that qualifies for exemption, from such conference.

(6) Arrangements for Pre-Licensing Conference.

(a) The Council shall set a date for the pre-licensing conference upon receipt of the HPNF. This date shall be within 30 days after said receipt.

(b) The Council shall notify or direct the developer to notify, all agencies, Federal regulatory agencies, providers of financial assistance, the electric utility in whose service territory the proposed facility is located, and other interested persons or parties, of the time, date and place of the pre-licensing conference. Notification shall be accomplished by mail and publication, as the Council deems appropriate.

(7) Applicability of 980 CMR 11.03 to 980 CMR 11.04. 980 CMR 11.03(5)(b) to 11.03(12), inclusive, shall apply to 980 CMR 11.04 except that in 980 CMR 11.04 pre-licensing conferences shall be chaired by the Council designee alone, and will not serve as MEPA "scoping sessions" or be chaired jointly with a designee of the Executive Office of Environmental Affairs as under 980 CMR 11.03; pre-licensing conferences will not be held if inapplicable, pursuant to 980 CMR 11.04(5), and in such cases statements of agency requirements shall be mailed or delivered within 30 days of filing of the HPNF, rather than within 15 days of the pre-licensing conference as under 980 CMR 11.03(7).

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