980 C.M.R. 16.10 – Pre-filing Notice (Notification of Intent to File Application) Requirements

(1) Pre-filing Notice requirements shall apply to all Applicants seeking permit approval by the Board. The Pre-filing Notice shall be emailed to DPP, the Board, andLocal Government and state permitting agencies consulted. In addition to posting the Pre-filing Notice and any translated versions as per the current Board Language Access Plan on the Project webpage, the Applicant shall also email the Pre-filing Notice to Person(s) on the Project email distribution list and relevant Key Stakeholders.
(2) The Applicant shall also submit to relevant Local Government and state permitting agencies, copies of draft application and draft permit with recommended conditions for applicable state, regional and local permits and approvals that would otherwise be issued by each relevant state/regional/local permitting entity. Such draft applications and permits shall include technical and other materials required by the permitting agency’s application and guidance materials, including mapping, jurisdictional delineations, evaluations, analyses and other requested information.
(3) Pre-filing Notice shall include:
1. (a) Basic Project details such as a plain language Project summary, Project name, location map, anticipated Project filing date, link to main Project webpage; and
2. (b) Clarifying or supporting information, if appropriate.
(4) DPP Opinion:
1. (a) The Applicant shall submit the Pre-filing Engagement Completion Checklist and supporting documentation as described in 980 CMR 16.04(i) together with the Pre-filing Notice to DPP. At the same time the Applicant shall submit the Pre filing Engagement Completion Checklist to the Board and relevant Local Government and state permitting agencies.
2. (b) Local Government and state permitting agencies may file their comments regarding the Applicant’s pre-filing Agency Consultation and recommendationsrelated to the draft permit application with DPP and the Applicant within 30 days. The Applicant may submit a response to these comments within seven days.
3. (c) The DPP Opinion submitted to the Board for consideration during the adjudicatory process shall include two parts. In preparing the DPP Opinion, DPP will consider feedback received from Local Government and state permitting agencies regarding their assessment of the Applicant’s pre-filing consultation, and sufficiency of necessary preparatory studies and analyses, and, any information provided by the Applicant in response to the comments received from Local Government and state permitting agencies.
  1. 1. Whether the pre-filing consultation and engagement requirements are met, insufficient, or incomplete based on the review of documentation submitted by the Applicant, and comments from Local Government and state permitting agencies.
  2. 2. Identification of any significant concerns raised by Local Government and state permitting agencies, and the Applicant’s response.
4. (d) DPP shall copy the Applicant on the DPP Opinion sent to the Board.