321 CMR, § 5.04 - Requests that the Division Evaluate the CFR Status of a Waterbody

(1) A person may request the Division to reconsider its designation of a waterbody as a CFR or to designate a waterbody as a CFR. Any such request must be made in writing and provide the basis for the request and include supporting biological data and information. Before taking further action on a request, the Division may require the requestor to provide additional supporting biological data or information.

(2) Within 60 days of the filing of a request, the Division will notify the requestor in writing of whether the request is reasonably supported and warrants the Division undertaking a follow-up determination of its own of the applicable waterbody's CFR status in accordance with 321 CMR 5.03(1). If the Division determines that the request is reasonably supported, the Division's determination will also identify a timeframe by which the Division will undertake its follow-up determination of the waterbody's CFR status. The Division will generally seek to undertake any such follow-up determination during the Division's standard summer sampling period of July 1^st through August 31^st.

(3) When reasonably supported by a request, the Division will make its own determination of a waterbody's CFR status in accordance with 321 CMR 5.03(1), and notify the requestor of the outcome of that determination in writing. If the Division's determination is that a waterbody that is listed as a CFR no longer meets the definition of a CFR in 321 CMR 5.02, it shall be removed from the Division's list of CFRs posted on its website. If the Division's determination is that a waterbody not previously listed as a CFR meets the definition of a CFR in 321 CMR 5.02, it shall be added to the Division's list of CFRs posted on its website (http://mass.gov/dfw/cfr).

Notes

321 CMR, § 5.04

Adopted by Mass Register Issue 1275, eff. 12/5/2014.