990 CMR 5.04 - Additional Criteria Applicable to Notices of Intent Which Name Specific Sites

In addition to meeting the criteria set forthin 990 CMR 5.03, any proposed project which names a specific site shall be determined to be feasible and deserving of state assistance with respect to that site only if the Council finds, onthe basis ofthe informationavailable to it within the time constraints of M.G.L. c. 21D, that it can be reasonably expected that:

(1) the developer is capable of acquiring whatever ownership or possessory interest in the property is necessary to proceed with the proposed project;
(2) no portion of the proposed site is located in bordering vegetated wetlands, as defined in 990 CMR 3.00;
(3) no portion of the proposed site is located on a salt marsh, a barrier beach, a coastalbeachor on coastal dunes, as defined in 310 CMR 9.00 and 10.00;
(4) no portion of the proposed site is located in an area designated by the Secretary as an "Area of Critical Environmental Concern"pursuant to 301 CMR 10.17 or 301 CMR 20.06(13) through (26);
(5) no portion of the proposed site is located within wetlands restricted pursuant to M.G.L. c.130, § 105 or M.G.L. c. 131, § 40A;
(6) no portion of the proposed site is located within lands designated as "scenic and recreational rivers and streams of the commonwealth" pursuant to M.G.L. c. 21 § 17B;
(7) no portion of the proposed site is located within a nationalpark or forest, or within any state or municipal land held for the purposes set forth in Article 97 of the Articles of Amendment to the Massachusetts Constitution;
(8) if any portion of the proposed site is to be used for surface impoundments or for the disposal of hazardous waste into or on the land, including landfills, seepage facilities, injection wells, land treatment facilities and road oiling with waste oil, then such portion of the site is not located:
(a) within the watershed of surface waters classified as Class A by the Division of Water Pollution Control; or
(b) over an aquifer designated as a sole-source aquifer pursuant to the U.S. Safe Drinking Water Act; or
(c) within the cone of influence, if known, or otherwise within 1000 feet of a well-head serving a community water system, as defined by 310 CMR 22.00, or within 250 feet of a private well; or
(d) within the 100-year floodplain or the boundary of the inland or coastal flood of record, whichever is greater. The boundary of the 100-year floodplain shall be determined by reference to the most recently available flood profile data prepared for the proposed host community pursuant to the National Flood Insurance Program, as administered by the Federal Emergency Management Administration;
(9) there are no other facts or circumstances that in the judgment of the Council raise significant concern as to the impact of the proposed project on the environment or the public health and safety. In the event that this criterion forms the basis of or contributes to a determination by the Council that a proposed project is not feasible and deserving of state assistance, the Council shall specify in writing the precise facts or circumstances, and the conclusionsdrawn therefrom, that support its determination.

Notes

990 CMR 5.04

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