CHECKLIST FOR COMPLETENESS OF NOTICES OF INTENT

 

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___     1)      Two copies of a completed Notice of Intent form (either Form 3 or Form 4. which­ever is applicable)

 

___     2)      Two copies of plans, supporting calculations, and other documentation neces­sary to completely* describe the proposed work and mitigation measures  * (See NOTE 1. below)

 

___    3)    Two copies of plans showing compliance with Title 5 of the State Environmental Code, M a subsurface sewage disposal system (septic system) is proposed in an area subject to commission jurisdiction (e.g., in the 100-foot buffer zone or land subject to tboding-Title 5 does not permit construction of septic systems within 50 feet of wetlands)

 

___     4)     Two copies of an 8 1/2' by 11 * section of the USGS quadrangle map of the area, marked to identify where the proposed work will be located

 

___     5)     The appropriate filing fee and fee transmittal form (many commissions also require a copy of the fee calculation sheet)

 

___     6)     If applicable, two copies of the completed Appendix A and required supporting materials, along with evidence that the materials were received by the Massachusetts Natural Heritage and Endangered Species Program before the Notice of Intent was filed

 

 


 NOTE 1 . A determination that plans and other documentation are "complete" for the purposes of accepting a Notice of Intent does not necessarily mean that enough information has been pro­vided to let the conservation commission adequately evaluate the project

If the application contains some plans or information about the proposed work and mitigation measures, the commission should check this box.

Lack of 'completeness' In the sense of Insufficient detail should not concern the conservation commission in its immediate review of an application upon receipt. While it may not refuse to accept a Notice of Intent because of inadequate information, once the Notice has been accepted and has received a file number, a conservation commission may require the applicant to provide additional Information at or prior to the public hearing, provided that the requested Information will help the commission determine If the proposal meets the performance standards described In the Act and Regulations. If the applicant refuses at the public hearing to provide information that the commission believes is necessary, the commission may issue a denial, based on insufficient infor­mation to evaluate the site, the impacts of the proposed work, and/or the project's conformance with the performance standards. (See Chapter 12. and 10.05(6)(c) of the Regulations.) The denial should dearly state what information is missing and why the commission thinks it is necessary.

If a denial based on insufficient information is appealed. DEP looks only at the record; if it agrees that the requested information is necessary, the applicant must go back to the conservation com­mission and provide the information.

A denial based on insufficient information is preliminary, or conditional; presumably, if the applicant later submits the necessary information and shows that the proposed work meets the performance standards of the Regulations, a permit may be issued.

Excerpted from A Guide to Understanding and Administering the Massachusetts Wetlands Protection Act, Elizabeth A. Colbum, Editor. Massachusetts Audubon Society. 1992.