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Examples of work or activities that constitute one Project include work or activities that: The Secretary may require a Proponent to provide information regarding a Project's consistency or compliance with any applicable Federal, municipal, or regional statutes and regulations.

At the close of the review period, the Secretary decides whether the EIR is adequate. Any certificate, determination, or other document executed by the Assistant Secretary in accordance with the delegation shall be deemed the valid and duly authorized certificate, determination, or other document of the Secretary.

The Secretary shall respond within 20 Days of receiving a request for an advisory opinion either with a request for further information or with the advisory opinion, unless the Secretary publishes notice of the request in accordance with CMR If the Secretary requests further information, the Secretary shall provide the advisory opinion within 20 Days of receiving the requested information.

In the case of a request for an advisory opinion concerning Routine Maintenance or a Replacement Project, the Secretary shall, and in all other cases, the Secretary may: The Secretary shall provide the advisory opinion within ten Days after the close of the comment period.

As used in CMR Examples include a term pertaining to: Any location of a significant event, prehistoric or historic occupation or activity, or building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing building or structure.

Carbon Dioxide CO2 Equivalent. The amount of carbon dioxide by weight that would produce the same amount of global warming impact as a given weight of another greenhouse gas, based on the best available science, including information from the Intergovernmental Panel on Climate Change.

Commencement of a Project. Commencement of Construction; or 3. Damage to the Environment. Any destruction or impairment not including insignificant damage or impairment , actual or probable, to any of the natural resources of the Commonwealth including, but not limited to, air pollution, GHG emissions, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, reduction of groundwater levels, impairment of water quality, increases in flooding or storm water flows, impairment and eutrophication of rivers, streams, flood plains, lakes, ponds or other surface or subsurface water resources, destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks, or historic districts or sites.

Any material increase in Capacity, demand on infrastructure, or physical dimensions of a Project or frequency of activity associated with the Project.

Includes all of the following gases: Historic Structure or District. Any historic property, landmark, building, structure, or district that is significant to the history or prehistory of the Commonwealth, its counties, or municipalities.

Any work or activity that is not: Any individual, corporation, partnership, trust, association, or other business or non-profit organization, or any Federal, municipal, or regional governmental, intergovernmental or other entity that is not an Agency.

Any work or activity that is undertaken by: Any Agency or Person, including a designee or successor in interest, that undertakes, or has a significant role in undertaking, a Project.

Any Project to repair, replace, or reconstruct a previous use of or Project on a Project site that does not: Any maintenance work or activity carried out on a regular or periodic basis in a manner that has no potential for Damage to the Environment or for which performance standards have been developed that avoid, minimize, or mitigate potential environmental impacts to the maximum extent practicable.

The written certificate issued by the Secretary in accordance with CMR The determinations and findings that an Agency shall make in accordance with M.

Any individual stationary piece of equipment from which any air pollutant or greenhouse gas is emitted to the ambient air, or any other stationary emission point.

The review thresholds identify categories of Projects or aspects thereof of a nature, size or location that are likely, directly or indirectly, to cause Damage to the Environment.

The review thresholds are the following: Direct alteration of 50 or more acres of land, unless the Project is consistent with an approved conservation farm plan or forest cutting plan or other similar generally accepted agricultural or forestry practices.

Creation of ten or more acres of impervious area. Direct alteration of 25 or more acres of land, unless the Project is consistent with an approved conservation farm plan or forest cutting plan or other similar generally accepted agricultural or forestry practices.

Creation of five or more acres of impervious area. Conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article Conversion of land in active agricultural use to nonagricultural use, provided the land includes soils classified as prime, state-important or unique by the United States Department of Agriculture, unless the Project is accessory to active agricultural use or consists solely of one single family dwelling.

Release of an interest in land held for conservation, preservation or agricultural or watershed preservation purposes.

Approval in accordance with M. Alteration of designated significant habitat. Greater than two acres of disturbance of designated priority habitat, as defined in CMR Provided that a Permit is required: Alteration requiring a variance in accordance with the Wetlands Protection Act.

Construction of a New dam. Provided that a Chapter 91 License is required, New non-water dependent use or Expansion of an existing non-water dependent structure, provided the use or structure occupies one or more acres of waterways or tidelands.

New fill or structure or Expansion of existing fill or structure, except a pile-supported structure, in a velocity zone or regulatory floodway; or f.

Construction of a New roadway or bridge providing access to a barrier beach or a New utility line providing service to a structure on a barrier beach.

Dredging of 10, or more cy of material. Disposal of 10, or more cy of dredged material, unless at a designated in-water disposal site.

Provided that a Chapter 91 License is required, New or existing unlicensed non-water dependent use of waterways or tidelands, unless the Project is an overhead utility line, a structure of 1, or less sf base area accessory to a single family dwelling, a temporary use in a designated port area, or an existing unlicensed structure in use prior to January 1, Construction, reconstruction or Expansion of an existing solid fill structure of 1, or more sf base area or of a pile-supported or bottom-anchored structure of 2, or more sf base area, except a seasonal, pile-held or bottom-anchored float, provided the structure occupies flowed tidelands or other waterways.

New withdrawal or Expansion in withdrawal of: New interbasin transfer of water of 1,, or more gpd or any amount determined significant by the Water Resources Commission.

Construction of one or more New water mains ten or more miles in length. Provided that the Project is undertaken by an Agency, New water service to a municipality or water district across a municipal boundary through New or existing pipelines, unless a disruption of service emergency is declared in accordance with applicable statutes and regulations.

New withdrawal or Expansion in withdrawal of , or more gpd from a water source that requires New construction for the withdrawal.

New withdrawal or Expansion in withdrawal of , or more gpd from a water supply system above the lesser of current system-wide authorized withdrawal volume or three-years' average system-wide actual withdrawal volume.

Construction of one or more New water mains five or more miles in length. Construction of a New drinking water treatment plant with a Capacity of 1,, or more gpd.

Alteration requiring a variance in accordance with the Watershed Protection Act, unless the Project consists solely of one single family dwelling.

Non-bridged stream crossing 1, or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities.

New interbasin transfer of wastewater of 1,, or more gpd or any amount determined significant by the Water Resource Commission. Construction of one or more New sewer mains ten or more miles in length.

Provided that the Project is undertaken by an Agency, New sewer service to a municipality or sewer district across a municipal boundary through New or existing pipelines, unless an emergency is declared in accordance with applicable statutes and regulations.

New discharge or Expansion in discharge of any amount of sewage, industrial waste water or untreated stormwater directly to an outstanding resource water.

New Capacity or Expansion in Capacity for storage, treatment, processing, combustion or disposal of or more wet tpd of sewage sludge, sludge ash, grit, screenings, or other sewage sludge residual materials, unless the Project is an Expansion of an existing facility within an area that has already been sited for the proposed use in accordance with M.

Construction of one or more New sewer mains: New discharge or Expansion in discharge: New Capacity or Expansion in Capacity for: Unless the Project consists solely of an internal or on-site roadway or is located entirely on the site of a non-roadway Project: New interchange on a completed limited access highway.

Construction of a New airport. Construction of a New runway or terminal at an existing airport. Construction of a New rail or rapid transit line along a New, unused or abandoned right-of-way for transportation of passengers or freight not including sidings, spurs or other lines not leading to an ultimate destination.

Generation of 3, or more New adt on roadways providing access to a single location. Construction of 1, or more New parking spaces at a single location.

Construction, widening or maintenance of a roadway or its right-of-way that will: Expansion of an existing runway at an airport. Construction of a New taxiway at an airport.

Expansion of an existing taxiway at Logan Airport. Expansion of an existing terminal at Logan Airport by , or more sf. Expansion of an existing terminal at any other airport by 25, or more sf.

Construction of New or Expansion of existing air cargo buildings at an airport by , or more sf. Conversion of a military airport to a non-military airport.

Construction of a New rail or rapid transit line for transportation of passengers or freight. Discontinuation of passenger or freight service along a rail or rapid transit line.

Abandonment of a substantially intact rail or rapid transit right-of-way. Generation of 2, or more New adt on roadways providing access to a single location.

Generation of 1, or more New adt on roadways providing access to a single location and construction of or more New parking spaces at a single location.

Construction of or more New parking spaces at a single location. Construction of a New electric generating facility with a Capacity of or more MW.

Expansion of an existing electric generating facility by or more MW. Construction of a New fuel pipeline ten or more miles in length. Construction of electric transmission lines with a Capacity of or more kv, provided the transmission lines are five or more miles in length along New, unused or abandoned right of way.

Construction of a New electric generating facility with a Capacity of 25 or more MW. Expansion of an existing electric generating facility by 25 or more MW.

Construction of a New fuel pipeline five or more miles in length. Construction of electric transmission lines with a Capacity of 69 or more kv, provided the transmission lines are one or more miles in length along New, unused or abandoned right of way.

New Capacity or Expansion in Capacity of or more tpd for storage, treatment, processing, combustion or disposal of solid waste, unless the Project is a transfer station, is an Expansion of an existing facility within a validly site assigned area for the proposed use, or is exempt from site assignment requirements.

New Capacity or Expansion in Capacity for combustion or disposal of any quantity of solid waste, or storage, treatment or processing of 50 or more tpd of solid waste, unless the Project is exempt from site assignment requirements.

Provided that a Permit is required in accordance with M. Unless the Project is subject to a Determination of No Adverse Effect by the Massachusetts Historical Commission or is consistent with a Memorandum of Agreement with the Massachusetts Historical Commission that has been the subject of public notice and comment: Promulgation of New or revised regulations, of which a primary purpose is protecting against Damage to the Environment, that significantly reduce: Upon written petition by one or more Agencies or ten or more Persons, or at the initiative of the Secretary, the Secretary may require a Proponent to file an ENF or undergo other MEPA review for a proposed program, regulations, policy, or other Project that does not meet or exceed any review thresholds unless all Agency Actions for the Project have been taken, provided that the Secretary finds in the decision on the petition or initiative that: A written petition for fail-safe review shall state with specificity the Project-related facts that the petitioners believe support the Secretary's required findings.

Within ten Days of receiving of a petition, or immediately when the Secretary initiates fail-safe review, the Secretary shall notify the Proponent and any Participating Agency of the petition or initiative and may request further information from the Proponent.

Following such notice, a Participating Agency shall not take Agency Action on the Project unless and until the Secretary has issued a decision that the Project does not require the filing of an ENF or, if the Secretary requires an ENF, the Secretary has determined that an EIR is not required or the Secretary has determined that the single or final EIR is adequate and 60 Days have elapsed following the publication of the notice of the availability of the single or final EIR in the Environmental Monitor in accordance with CMR The Secretary shall issue a written decision stating whether the Proponent shall file an ENF or undergo other MEPA review within 20 Days of the latest of receiving a petition for fail-safe review, notifying the Proponent of the petition or initiative, or receiving any requested further information.

The Secretary shall send notice of any fail-safe review decision to the Proponent and any Participating Agency and shall publish notice of the decision in the next Environmental Monitor in accordance with CMR The Secretary's decision to require fail-safe review shall not in itself invalidate any Agency Action previously taken by an Agency or any conditions thereof.

In the case of a Project undertaken by an Agency, the Proponent shall ordinarily file the ENF not less than one year prior to the expected Commencement of the Project, and in any event prior to the Agency's finalizing the design or making an irreversible commitment of financial resources to the Project.

In the case of a Project that is undertaken by a Person and requires one or more Permits or involves Financial Assistance but does not involve a Land Transfer, the Proponent shall file the ENF at any time prior to but no later than ten Days after filing the first application for a Permit or Financial Assistance.

Prior to filing the ENF, the Proponent may consult with the Secretary and any Participating Agency to determine any review thresholds the Project may meet or exceed and any Agency Action it may require, and to avoid unnecessary MEPA review if the Project may not be eligible for the required Agency Action.

The ENF shall include a concise but accurate description of the Project and its alternatives, identify any review thresholds the Project may meet or exceed and any Agency Action it may require, present the Proponent's initial assessment of potential environmental impacts, propose mitigation measures, and may include a proposed Scope.

The Proponent shall not limit description of the Project or assessment of its potential environmental impacts on account of any jurisdictional or other limitation that may apply to the Scope, if an EIR is required.

The ENF shall separately assess potential environmental impacts and proposed mitigation. The ENF shall identify the sources on which the assessments are based.

If the Project is located in landlocked tidelands and an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations, the ENF shall also include an explanation of the Project's impact on groundwater levels and identify and commit to taking measures to avoid, minimize, or mitigate any adverse impact on groundwater levels.

The ENF shall also describe the Project's compliance with any municipal regulations designed to protect groundwater levels. The proponent may combine the information provided under this paragraph with the information provided under CMR The Proponent's assessment of potential environmental impacts or proposed Scope shall not limit the Secretary's discretion in determining the Scope.

The Secretary may from time to time modify the ENF or instructions, provided that the Secretary shall first publish the modified form or instructions in the Environmental Monitor and shall at the same time specify the effective date of the modified ENF or instructions.

The Proponent shall attach to the ENF an original United States Geologic Survey Map or other location map expressly approved by the Secretary that includes and indicates the Project site, a site plan at an appropriate scale and level of detail, and a list of all Agencies and Persons to whom the Proponent circulated the ENF in accordance with CMR In addition to filing a completed ENF and the required attachments, the Proponent may file more extensive and detailed information describing and analyzing the Project and its alternatives, and assessing its potential environmental impacts and mitigation measures.

The Proponent may provide this additional information whenever it is available. The Proponent may refer to CMR The Secretary shall duly consider this additional information in the ENF, although it shall not limit the Secretary's discretion to determine the Scope.

If an Agency's ability to undertake an action enforcing its statutory or regulatory obligations is impeded by the failure of a Proponent to file an ENF, the Agency may, with the consent of the Secretary and after 30 Days prior written notice to the Proponent, file an ENF on behalf of the Proponent.

The ENF review period lasts for 30 Days, unless extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent.

After receiving and accepting an ENF, the Secretary shall review the ENF and may review relevant information from any other source to determine whether to require an EIR, and, if so, what to require in the Scope.

The Secretary shall ordinarily schedule with the Proponent a site visit and public consultation session to review the Project and discuss its alternatives, its potential environmental impacts and mitigation measures.

The Proponent shall be required to provide accompanied public access to the Project site during the site visit and public consultation session unless such access is infeasible for public safety reasons or protection of proprietary information.

After receiving and accepting an ENF, the Secretary shall receive into the record written comments from any Agency or Person, concerning the Project, its alternatives, its potential environmental impacts, mitigation measures, and whether to require an EIR and, if so, what to require in the Scope.

Comments shall be filed with the Secretary within 20 Days following publication of the ENF in the Environmental Monitor, unless the public comment period is extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent.

An extension shall not ordinarily exceed 30 Days. The Secretary may accept a late comment, provided it is received prior to the Secretary's decision on the ENF.

If it appears that the Project requires Agency Action by the Agency or may significantly affect any interest of the Agency or any statutes or regulations administered by the Agency, the Agency shall: A Participating Agency's failure to specify an aspect of the Project or issue requiring additional description or analysis in an EIR shall have the effect of a determination that the information presented in the ENF, together with information already provided in any application for a Permit, Financial Assistance or a Land Transfer, sufficiently defines the nature and general elements but not necessarily the technical details of the Agency Action on the Project, such that the Participating Agency recommends that the Secretary require no further MEPA review or that the Scope not include any requirements relating to the aspect or issue.

Upon request of the Secretary during the review period for an ENF, the Proponent shall file with the Secretary a copy of any application for a Permit, Financial Assistance, or a Land Transfer and any other information relevant to the Secretary's review of the Project, its alternatives, its potential environmental impacts and mitigation measures.

Upon request of the Secretary, the Proponent shall make available a copy of any application for a Permit, Financial Assistance, or Land Transfer when the application is filed with a Participating Agency subsequent to the Secretary's decision on the ENF.

The Proponent's failure to provide requested information may result in the Secretary requiring the Proponent to consider in an EIR the aspect of the Project or the issue about which information was requested, provided that the aspect or issue is within any applicable jurisdictional limitations in accordance with CMR After the close of the public comment period and on or prior to the last Day of the ENF review period, the Secretary shall issue a written certificate stating whether or not an EIR is required and, if so, what to require in the Scope in accordance with CMR The Secretary's failure to issue a timely certificate shall have the effect of a determination that no EIR is required, unless the Project meets or exceeds one or more mandatory EIR review thresholds, in which case such failure shall have the effect of a determination that an EIR is required, and that it shall address all aspects of the Project that are likely, directly or indirectly, to cause Damage to the Environment, provided that such aspects are within any applicable jurisdictional limitations in accordance with CMR When issuing a Scope in accordance with CMR The Secretary shall limit the Scope to those aspects of the Project that are likely, directly or indirectly, to cause Damage to the Environment.

In the case of a Project undertaken by a Person that requires one or more Permits or involves a Land Transfer but does not involve Financial Assistance, the Scope shall be limited to the direct and indirect potential environmental impacts from those aspects of the Project that are within the subject matter of any required Permit or within the area subject to a Land Transfer, regardless of whether or not those aspects met or exceeded any review thresholds.

The Secretary shall determine the form, content, level of detail, and alternatives required for the EIR and may establish guidelines as to page length and time necessary for preparation.

The Proponent, an Agency, or a Person may conclude that environmental mediation, either alone or in addition to the preparation of an EIR, may be helpful in settling unresolved issues.

The Secretary may assist parties in identifying the need for and sources of such services. If the Project is located in landlocked tidelands as defined in CMR 9.

The Proponent shall attach the certificate to the form. The Proponent shall comply with all obligations set forth in the certificate and the Department of Environmental Protection shall enforce such conditions consistent with M.

The Proponent shall file the EIR as soon after the Secretary issues the Scope as is reasonably possible given the status of Project planning and design, the type and size of the Project, and the Scope.

The Proponent shall ordinarily use the review and comments by any Person or Agency on the draft EIR as an additional opportunity to improve the planning and design of the Project.

The Secretary may limit the Scope of the final EIR to aspects of the Project or issues that require further description or analysis and a response to comments, instead of requiring a stand-alone document that meets all of the form and content requirements for an EIR in accordance with CMR Unless the Secretary has indicated otherwise in the Scope or as part of a Special Review Procedure, the depth and level of description and analysis in the EIR shall reflect the status of Project planning and design, the type and size of the Project, the requirements of any Agency Action, the availability of reasonable alternatives and methods to avoid or minimize potential environmental impacts, and the opportunity to assess environmental impacts and to identify appropriate mitigation measures.

The EIR shall ordinarily contain the following sections unless the Secretary indicates in the Scope or as a part of a Special Review Procedure that specific issues shall be described or analyzed in additional sections in the EIR or that any of these sections shall not be included in the EIR: The title and page number of all sections, maps, plans, tables, figures, and appendices of the EIR; c Secretary's Certificates.

A brief description in clear, nontechnical language including: A detailed description and analysis of the nature and location of the Project including: A description and analysis of alternatives to the Project including: A description and analysis of the physical, biological, chemical, economic, and social conditions of the Project site, its immediate surroundings, and the region in sufficient detail to provide a baseline in relation to which the Project and its alternatives can be described and analyzed and its potential environmental impacts and mitigation measures can be assessed including: Historic Structures or Districts, and Archaeological Sites; 8.

If the Project is located in landlocked tidelands and an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations, an explanation of the Project's impact on groundwater levels and identification and commitment to taking measures to avoid, minimize, or mitigate any adverse impact on groundwater levels.

The EIR shall also describe the Project's compliance with any municipal regulations designed to protect groundwater levels.

A detailed description and assessment of the negative and positive potential environmental impacts of the Project and its alternatives. The EIR shall assess in quantitative terms, to the maximum extent practicable the direct and indirect potential environmental impacts from all aspects of the Project that are within the Scope.

The assessment shall include both short-term and long-term impacts for all phases of the Project e. A list of any Permit, Financial Assistance, or Land Transfer that is or may be required, and a brief description and analysis of the applicable statutory and regulatory standards and requirements thereof and the measures to be taken to ensure due compliance therewith.

A description and assessment of physical, biological and chemical measures and management techniques designed to limit negative environmental impacts or to cause positive environmental impacts during development and operation of a Project.

The EIR shall specify in detail: The EIR shall also discuss alternatives to the proposed mitigation measures considered by the Proponent or suggested in comments by any Agency or Person, noting the relative benefits and costs of these alternative mitigation measures.

Proposed findings in accordance with M. These Proposed Section 61 Findings shall specify in detail: A response to the certificate of the Secretary on the previous review document and each comment received on the previous review document, provided that the subject matter of the comment is within the Scope.

Unless the Secretary has indicated otherwise in the certificate on the previous review document, the EIR shall contain a copy of each comment either in this section or in a separate appendix, provided that this section clearly explains the location of each comment and the response to each comment.

A presentation of detailed technical data e. The main text of the EIR shall refer to and summarize any information contained in any appendix. Sign in with Facebook Other Sign in options.

Jeffrey Wright shares his favorite military movies after working with veterans in his new documentary " We Are Not Done Yet. On the day of the California Presidential Primary, between Instead of being dazzled and confused, Jack is driven by his anger, breaks in the hideout and after a long shootout, he kills Andre, Victor and their men.

David Palmer breaks definitely his relationship with the arrogant Sherry. Nina executes Teri and is captured alive by Jack. I will refrain from spoiling anything in case you've been living under a rock for the past two decades, but the finale of the first season of 24 rocked the television world in At the time, TV was the not the "cinematic" experience that it is today.

This ending to what was already a compelling first season for the series, manages to break your heart and keep you on your toes at the same time.

It is paced brilliantly and allows us just enough "space" to think back on Jack's last 23 hours. It dials the intensity up to 11 with Jacks final encounter with the Drazens and then allows your pulse to settle for a short moment before it sends you out with an emotional wallop.

The whole thing felt very real and well thought out. Keifer Sutherland's portrayal of a broken man holding on by a short thread is nothing short of brilliant.

Do yourself a favor if you never watched this series and lock yourself a way for a weekend to experience season 1 all at once.

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Keep track of everything you watch; tell your friends. Full Cast and Crew. Season 1 Episode After being falsely informed his daughter has been killed, the enraged Jack Bauer goes to the dock to kill the Drazens whilst the traitor at CTU tries to make a quick escape.

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The determinations and findings that an Agency shall make in accordance with M. Any individual stationary piece of equipment from which any air pollutant or greenhouse gas is emitted to the ambient air, or any other stationary emission point.

The review thresholds identify categories of Projects or aspects thereof of a nature, size or location that are likely, directly or indirectly, to cause Damage to the Environment.

The review thresholds are the following: Direct alteration of 50 or more acres of land, unless the Project is consistent with an approved conservation farm plan or forest cutting plan or other similar generally accepted agricultural or forestry practices.

Creation of ten or more acres of impervious area. Direct alteration of 25 or more acres of land, unless the Project is consistent with an approved conservation farm plan or forest cutting plan or other similar generally accepted agricultural or forestry practices.

Creation of five or more acres of impervious area. Conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article Conversion of land in active agricultural use to nonagricultural use, provided the land includes soils classified as prime, state-important or unique by the United States Department of Agriculture, unless the Project is accessory to active agricultural use or consists solely of one single family dwelling.

Release of an interest in land held for conservation, preservation or agricultural or watershed preservation purposes.

Approval in accordance with M. Alteration of designated significant habitat. Greater than two acres of disturbance of designated priority habitat, as defined in CMR Provided that a Permit is required: Alteration requiring a variance in accordance with the Wetlands Protection Act.

Construction of a New dam. Provided that a Chapter 91 License is required, New non-water dependent use or Expansion of an existing non-water dependent structure, provided the use or structure occupies one or more acres of waterways or tidelands.

New fill or structure or Expansion of existing fill or structure, except a pile-supported structure, in a velocity zone or regulatory floodway; or f.

Construction of a New roadway or bridge providing access to a barrier beach or a New utility line providing service to a structure on a barrier beach.

Dredging of 10, or more cy of material. Disposal of 10, or more cy of dredged material, unless at a designated in-water disposal site.

Provided that a Chapter 91 License is required, New or existing unlicensed non-water dependent use of waterways or tidelands, unless the Project is an overhead utility line, a structure of 1, or less sf base area accessory to a single family dwelling, a temporary use in a designated port area, or an existing unlicensed structure in use prior to January 1, Construction, reconstruction or Expansion of an existing solid fill structure of 1, or more sf base area or of a pile-supported or bottom-anchored structure of 2, or more sf base area, except a seasonal, pile-held or bottom-anchored float, provided the structure occupies flowed tidelands or other waterways.

New withdrawal or Expansion in withdrawal of: New interbasin transfer of water of 1,, or more gpd or any amount determined significant by the Water Resources Commission.

Construction of one or more New water mains ten or more miles in length. Provided that the Project is undertaken by an Agency, New water service to a municipality or water district across a municipal boundary through New or existing pipelines, unless a disruption of service emergency is declared in accordance with applicable statutes and regulations.

New withdrawal or Expansion in withdrawal of , or more gpd from a water source that requires New construction for the withdrawal.

New withdrawal or Expansion in withdrawal of , or more gpd from a water supply system above the lesser of current system-wide authorized withdrawal volume or three-years' average system-wide actual withdrawal volume.

Construction of one or more New water mains five or more miles in length. Construction of a New drinking water treatment plant with a Capacity of 1,, or more gpd.

Alteration requiring a variance in accordance with the Watershed Protection Act, unless the Project consists solely of one single family dwelling.

Non-bridged stream crossing 1, or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities. New interbasin transfer of wastewater of 1,, or more gpd or any amount determined significant by the Water Resource Commission.

Construction of one or more New sewer mains ten or more miles in length. Provided that the Project is undertaken by an Agency, New sewer service to a municipality or sewer district across a municipal boundary through New or existing pipelines, unless an emergency is declared in accordance with applicable statutes and regulations.

New discharge or Expansion in discharge of any amount of sewage, industrial waste water or untreated stormwater directly to an outstanding resource water.

New Capacity or Expansion in Capacity for storage, treatment, processing, combustion or disposal of or more wet tpd of sewage sludge, sludge ash, grit, screenings, or other sewage sludge residual materials, unless the Project is an Expansion of an existing facility within an area that has already been sited for the proposed use in accordance with M.

Construction of one or more New sewer mains: New discharge or Expansion in discharge: New Capacity or Expansion in Capacity for: Unless the Project consists solely of an internal or on-site roadway or is located entirely on the site of a non-roadway Project: New interchange on a completed limited access highway.

Construction of a New airport. Construction of a New runway or terminal at an existing airport. Construction of a New rail or rapid transit line along a New, unused or abandoned right-of-way for transportation of passengers or freight not including sidings, spurs or other lines not leading to an ultimate destination.

Generation of 3, or more New adt on roadways providing access to a single location. Construction of 1, or more New parking spaces at a single location.

Construction, widening or maintenance of a roadway or its right-of-way that will: Expansion of an existing runway at an airport. Construction of a New taxiway at an airport.

Expansion of an existing taxiway at Logan Airport. Expansion of an existing terminal at Logan Airport by , or more sf.

Expansion of an existing terminal at any other airport by 25, or more sf. Construction of New or Expansion of existing air cargo buildings at an airport by , or more sf.

Conversion of a military airport to a non-military airport. Construction of a New rail or rapid transit line for transportation of passengers or freight.

Discontinuation of passenger or freight service along a rail or rapid transit line. Abandonment of a substantially intact rail or rapid transit right-of-way.

Generation of 2, or more New adt on roadways providing access to a single location. Generation of 1, or more New adt on roadways providing access to a single location and construction of or more New parking spaces at a single location.

Construction of or more New parking spaces at a single location. Construction of a New electric generating facility with a Capacity of or more MW.

Expansion of an existing electric generating facility by or more MW. Construction of a New fuel pipeline ten or more miles in length.

Construction of electric transmission lines with a Capacity of or more kv, provided the transmission lines are five or more miles in length along New, unused or abandoned right of way.

Construction of a New electric generating facility with a Capacity of 25 or more MW. Expansion of an existing electric generating facility by 25 or more MW.

Construction of a New fuel pipeline five or more miles in length. Construction of electric transmission lines with a Capacity of 69 or more kv, provided the transmission lines are one or more miles in length along New, unused or abandoned right of way.

New Capacity or Expansion in Capacity of or more tpd for storage, treatment, processing, combustion or disposal of solid waste, unless the Project is a transfer station, is an Expansion of an existing facility within a validly site assigned area for the proposed use, or is exempt from site assignment requirements.

New Capacity or Expansion in Capacity for combustion or disposal of any quantity of solid waste, or storage, treatment or processing of 50 or more tpd of solid waste, unless the Project is exempt from site assignment requirements.

Provided that a Permit is required in accordance with M. Unless the Project is subject to a Determination of No Adverse Effect by the Massachusetts Historical Commission or is consistent with a Memorandum of Agreement with the Massachusetts Historical Commission that has been the subject of public notice and comment: Promulgation of New or revised regulations, of which a primary purpose is protecting against Damage to the Environment, that significantly reduce: Upon written petition by one or more Agencies or ten or more Persons, or at the initiative of the Secretary, the Secretary may require a Proponent to file an ENF or undergo other MEPA review for a proposed program, regulations, policy, or other Project that does not meet or exceed any review thresholds unless all Agency Actions for the Project have been taken, provided that the Secretary finds in the decision on the petition or initiative that: A written petition for fail-safe review shall state with specificity the Project-related facts that the petitioners believe support the Secretary's required findings.

Within ten Days of receiving of a petition, or immediately when the Secretary initiates fail-safe review, the Secretary shall notify the Proponent and any Participating Agency of the petition or initiative and may request further information from the Proponent.

Following such notice, a Participating Agency shall not take Agency Action on the Project unless and until the Secretary has issued a decision that the Project does not require the filing of an ENF or, if the Secretary requires an ENF, the Secretary has determined that an EIR is not required or the Secretary has determined that the single or final EIR is adequate and 60 Days have elapsed following the publication of the notice of the availability of the single or final EIR in the Environmental Monitor in accordance with CMR The Secretary shall issue a written decision stating whether the Proponent shall file an ENF or undergo other MEPA review within 20 Days of the latest of receiving a petition for fail-safe review, notifying the Proponent of the petition or initiative, or receiving any requested further information.

The Secretary shall send notice of any fail-safe review decision to the Proponent and any Participating Agency and shall publish notice of the decision in the next Environmental Monitor in accordance with CMR The Secretary's decision to require fail-safe review shall not in itself invalidate any Agency Action previously taken by an Agency or any conditions thereof.

In the case of a Project undertaken by an Agency, the Proponent shall ordinarily file the ENF not less than one year prior to the expected Commencement of the Project, and in any event prior to the Agency's finalizing the design or making an irreversible commitment of financial resources to the Project.

In the case of a Project that is undertaken by a Person and requires one or more Permits or involves Financial Assistance but does not involve a Land Transfer, the Proponent shall file the ENF at any time prior to but no later than ten Days after filing the first application for a Permit or Financial Assistance.

Prior to filing the ENF, the Proponent may consult with the Secretary and any Participating Agency to determine any review thresholds the Project may meet or exceed and any Agency Action it may require, and to avoid unnecessary MEPA review if the Project may not be eligible for the required Agency Action.

The ENF shall include a concise but accurate description of the Project and its alternatives, identify any review thresholds the Project may meet or exceed and any Agency Action it may require, present the Proponent's initial assessment of potential environmental impacts, propose mitigation measures, and may include a proposed Scope.

The Proponent shall not limit description of the Project or assessment of its potential environmental impacts on account of any jurisdictional or other limitation that may apply to the Scope, if an EIR is required.

The ENF shall separately assess potential environmental impacts and proposed mitigation. The ENF shall identify the sources on which the assessments are based.

If the Project is located in landlocked tidelands and an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations, the ENF shall also include an explanation of the Project's impact on groundwater levels and identify and commit to taking measures to avoid, minimize, or mitigate any adverse impact on groundwater levels.

The ENF shall also describe the Project's compliance with any municipal regulations designed to protect groundwater levels.

The proponent may combine the information provided under this paragraph with the information provided under CMR The Proponent's assessment of potential environmental impacts or proposed Scope shall not limit the Secretary's discretion in determining the Scope.

The Secretary may from time to time modify the ENF or instructions, provided that the Secretary shall first publish the modified form or instructions in the Environmental Monitor and shall at the same time specify the effective date of the modified ENF or instructions.

The Proponent shall attach to the ENF an original United States Geologic Survey Map or other location map expressly approved by the Secretary that includes and indicates the Project site, a site plan at an appropriate scale and level of detail, and a list of all Agencies and Persons to whom the Proponent circulated the ENF in accordance with CMR In addition to filing a completed ENF and the required attachments, the Proponent may file more extensive and detailed information describing and analyzing the Project and its alternatives, and assessing its potential environmental impacts and mitigation measures.

The Proponent may provide this additional information whenever it is available. The Proponent may refer to CMR The Secretary shall duly consider this additional information in the ENF, although it shall not limit the Secretary's discretion to determine the Scope.

If an Agency's ability to undertake an action enforcing its statutory or regulatory obligations is impeded by the failure of a Proponent to file an ENF, the Agency may, with the consent of the Secretary and after 30 Days prior written notice to the Proponent, file an ENF on behalf of the Proponent.

The ENF review period lasts for 30 Days, unless extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent.

After receiving and accepting an ENF, the Secretary shall review the ENF and may review relevant information from any other source to determine whether to require an EIR, and, if so, what to require in the Scope.

The Secretary shall ordinarily schedule with the Proponent a site visit and public consultation session to review the Project and discuss its alternatives, its potential environmental impacts and mitigation measures.

The Proponent shall be required to provide accompanied public access to the Project site during the site visit and public consultation session unless such access is infeasible for public safety reasons or protection of proprietary information.

After receiving and accepting an ENF, the Secretary shall receive into the record written comments from any Agency or Person, concerning the Project, its alternatives, its potential environmental impacts, mitigation measures, and whether to require an EIR and, if so, what to require in the Scope.

Comments shall be filed with the Secretary within 20 Days following publication of the ENF in the Environmental Monitor, unless the public comment period is extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent.

An extension shall not ordinarily exceed 30 Days. The Secretary may accept a late comment, provided it is received prior to the Secretary's decision on the ENF.

If it appears that the Project requires Agency Action by the Agency or may significantly affect any interest of the Agency or any statutes or regulations administered by the Agency, the Agency shall: A Participating Agency's failure to specify an aspect of the Project or issue requiring additional description or analysis in an EIR shall have the effect of a determination that the information presented in the ENF, together with information already provided in any application for a Permit, Financial Assistance or a Land Transfer, sufficiently defines the nature and general elements but not necessarily the technical details of the Agency Action on the Project, such that the Participating Agency recommends that the Secretary require no further MEPA review or that the Scope not include any requirements relating to the aspect or issue.

Upon request of the Secretary during the review period for an ENF, the Proponent shall file with the Secretary a copy of any application for a Permit, Financial Assistance, or a Land Transfer and any other information relevant to the Secretary's review of the Project, its alternatives, its potential environmental impacts and mitigation measures.

Upon request of the Secretary, the Proponent shall make available a copy of any application for a Permit, Financial Assistance, or Land Transfer when the application is filed with a Participating Agency subsequent to the Secretary's decision on the ENF.

The Proponent's failure to provide requested information may result in the Secretary requiring the Proponent to consider in an EIR the aspect of the Project or the issue about which information was requested, provided that the aspect or issue is within any applicable jurisdictional limitations in accordance with CMR After the close of the public comment period and on or prior to the last Day of the ENF review period, the Secretary shall issue a written certificate stating whether or not an EIR is required and, if so, what to require in the Scope in accordance with CMR The Secretary's failure to issue a timely certificate shall have the effect of a determination that no EIR is required, unless the Project meets or exceeds one or more mandatory EIR review thresholds, in which case such failure shall have the effect of a determination that an EIR is required, and that it shall address all aspects of the Project that are likely, directly or indirectly, to cause Damage to the Environment, provided that such aspects are within any applicable jurisdictional limitations in accordance with CMR When issuing a Scope in accordance with CMR The Secretary shall limit the Scope to those aspects of the Project that are likely, directly or indirectly, to cause Damage to the Environment.

In the case of a Project undertaken by a Person that requires one or more Permits or involves a Land Transfer but does not involve Financial Assistance, the Scope shall be limited to the direct and indirect potential environmental impacts from those aspects of the Project that are within the subject matter of any required Permit or within the area subject to a Land Transfer, regardless of whether or not those aspects met or exceeded any review thresholds.

The Secretary shall determine the form, content, level of detail, and alternatives required for the EIR and may establish guidelines as to page length and time necessary for preparation.

The Proponent, an Agency, or a Person may conclude that environmental mediation, either alone or in addition to the preparation of an EIR, may be helpful in settling unresolved issues.

The Secretary may assist parties in identifying the need for and sources of such services. If the Project is located in landlocked tidelands as defined in CMR 9.

The Proponent shall attach the certificate to the form. The Proponent shall comply with all obligations set forth in the certificate and the Department of Environmental Protection shall enforce such conditions consistent with M.

The Proponent shall file the EIR as soon after the Secretary issues the Scope as is reasonably possible given the status of Project planning and design, the type and size of the Project, and the Scope.

The Proponent shall ordinarily use the review and comments by any Person or Agency on the draft EIR as an additional opportunity to improve the planning and design of the Project.

The Secretary may limit the Scope of the final EIR to aspects of the Project or issues that require further description or analysis and a response to comments, instead of requiring a stand-alone document that meets all of the form and content requirements for an EIR in accordance with CMR Unless the Secretary has indicated otherwise in the Scope or as part of a Special Review Procedure, the depth and level of description and analysis in the EIR shall reflect the status of Project planning and design, the type and size of the Project, the requirements of any Agency Action, the availability of reasonable alternatives and methods to avoid or minimize potential environmental impacts, and the opportunity to assess environmental impacts and to identify appropriate mitigation measures.

The EIR shall ordinarily contain the following sections unless the Secretary indicates in the Scope or as a part of a Special Review Procedure that specific issues shall be described or analyzed in additional sections in the EIR or that any of these sections shall not be included in the EIR: The title and page number of all sections, maps, plans, tables, figures, and appendices of the EIR; c Secretary's Certificates.

A brief description in clear, nontechnical language including: A detailed description and analysis of the nature and location of the Project including: A description and analysis of alternatives to the Project including: A description and analysis of the physical, biological, chemical, economic, and social conditions of the Project site, its immediate surroundings, and the region in sufficient detail to provide a baseline in relation to which the Project and its alternatives can be described and analyzed and its potential environmental impacts and mitigation measures can be assessed including: Historic Structures or Districts, and Archaeological Sites; 8.

If the Project is located in landlocked tidelands and an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations, an explanation of the Project's impact on groundwater levels and identification and commitment to taking measures to avoid, minimize, or mitigate any adverse impact on groundwater levels.

The EIR shall also describe the Project's compliance with any municipal regulations designed to protect groundwater levels. A detailed description and assessment of the negative and positive potential environmental impacts of the Project and its alternatives.

The EIR shall assess in quantitative terms, to the maximum extent practicable the direct and indirect potential environmental impacts from all aspects of the Project that are within the Scope.

The assessment shall include both short-term and long-term impacts for all phases of the Project e. A list of any Permit, Financial Assistance, or Land Transfer that is or may be required, and a brief description and analysis of the applicable statutory and regulatory standards and requirements thereof and the measures to be taken to ensure due compliance therewith.

A description and assessment of physical, biological and chemical measures and management techniques designed to limit negative environmental impacts or to cause positive environmental impacts during development and operation of a Project.

The EIR shall specify in detail: The EIR shall also discuss alternatives to the proposed mitigation measures considered by the Proponent or suggested in comments by any Agency or Person, noting the relative benefits and costs of these alternative mitigation measures.

Proposed findings in accordance with M. These Proposed Section 61 Findings shall specify in detail: A response to the certificate of the Secretary on the previous review document and each comment received on the previous review document, provided that the subject matter of the comment is within the Scope.

Unless the Secretary has indicated otherwise in the certificate on the previous review document, the EIR shall contain a copy of each comment either in this section or in a separate appendix, provided that this section clearly explains the location of each comment and the response to each comment.

A presentation of detailed technical data e. The main text of the EIR shall refer to and summarize any information contained in any appendix.

The Proponent may vary the outline of ordinary EIR sections e. The EIR shall ordinarily be printed on both sides of each page, be paginated, clearly reference maps, plans, tables and figures, and contain an index and a circulation list.

An Agency undertaking a Project may hold public hearings, informal workshops, or public meetings at appropriate times prior to and during preparation of an EIR.

The Agency shall provide at least seven Days notice of any hearing, workshop, or meeting to allow any other Agency or Person to prepare adequately and to make informed comments at the hearing, workshop, or meeting.

The Secretary may hold an informational meeting prior to or during review of the EIR, and may, in the Scope, require the Proponent to hold an informational meeting.

After receiving the EIR, the Secretary shall receive into the record written comments from any Agency or Person, concerning the Project, its alternatives, its potential environmental impacts, mitigation measures and the adequacy of the EIR, provided that the subject matter of the comment is within the Scope.

Comments on the EIR shall be filed with the Secretary within 30 Days of the publication of the notice of the availability of the EIR in the Environmental Monitor, unless the public comment period is extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements, with the consent of the Proponent for a draft EIR or as a part of a Special Review Procedure.

The Secretary may accept a late comment, provided that it is received prior to the Secretary's decision on the EIR.

With the consent of the Secretary, the Proponent may withdraw a single or final EIR prior to the Secretary's decision on the single or final EIR to provide further opportunity for public review.

After such withdrawal, the Proponent may refile the single or final EIR, with or without changes, additions, or deletions, which shall be clearly identified in the refiled single or final EIR.

The Secretary may accept a comment not within the Scope provided that the Secretary finds that it is material and that it was not reasonably possible with due diligence to have made it during review of the previous review document or that the comment raises critically important issues regarding the potential environmental impacts of the Project.

A Participating Agency's failure to specify an aspect of the Project or issue requiring additional description or analysis shall have the effect of a determination that the information presented in the EIR and any previous review document, together with information already provided in any application for a Permit, Financial Assistance or a Land Transfer, sufficiently defines the nature and general elements but not necessarily the technical details of the Agency Action on the Project, such that the Participating Agency can fulfill its obligations in accordance with M.

Within seven Days after the close of the public comment period in accordance with CMR The Secretary shall attach to the certificate a copy of each comment timely received.

The Secretary's failure to issue a timely certificate shall have the effect of a determination that the EIR is adequate and does so comply.

Upon review of a draft EIR, the Secretary shall: Upon review of a final EIR, the Secretary shall: With the consent of the Proponent, and after consulting with any Participating Agency, the Secretary may establish a Special Review Procedure for a Project, notwithstanding the other provisions of CMR Among other things, a Special Review Procedure may provide for: A Special Review Procedure may be appropriate, for example, for reviewing a proposed program, regulations, policy, or other Project in which there is more than one Proponent or more than one Participating Agency with a significant role, or a Project that is undefined or is expected to evolve during MEPA review, or a Project that may benefit the environment if there is early Commencement of a portion of the Project.

The Secretary may establish a Special Review Procedure for a Project regardless of its size or complexity. In the certificate establishing the Special Review Procedure, the Secretary shall find that a Special Review Procedure shall serve the purposes of MEPA, including providing meaningful opportunities for public review, analysis of alternatives, and consideration of cumulative environmental impacts.

The Secretary shall publish notice in the Environmental Monitor of: When establishing or modifying a Special Review Procedure, the Secretary shall ordinarily in the case of a Project undertaken by an Agency or may in the case of a Project undertaken by a Person establish a CAC to assist in reviewing the Project.

The Secretary shall solicit nominations for the CAC when announcing its establishment or modification in the Environmental Monitor from those individuals and entities whose interests are affected by the Project, including any neighbor, neighborhood association, ad-hoc committee, business or non-profit organization, Agency, Federal, municipal, or regional governmental entity, or other organization.

The Proponent shall be entitled to one representative on the CAC. The membership of the CAC shall be diverse in affiliation and experience and fairly represent a range of viewpoints.

The CAC shall ordinarily participate in the Special Review Procedure by advising in the Secretary's establishment of the Special Review Procedure and review of review documents called for in the Special Review Procedure, and in the Proponent's review of detailed scopes of service for the consultant and preliminary review of the consultant work product.

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