Update on MassDEP Regulation Reform Initiative
Lealdon Langley Director Wetlands & Waterways Program MassDEP
Environmental Business Council April 8, 2013
“Dam removal projects can contribute to the restoration of aquatic habitats upstream and downstream by restoring the natural movement of water and sediment, and by reestablishing more natural temperatures and oxygen levels. Dam removal projects can also improve flood management, storm damage prevention, and prevention of pollution in cases where the dam is otherwise in disrepair and represents a hazard. Since these projects can serve to improve the natural capacity of a river to protect the many interests of the WPA, they may be (and have been) permitted under 310 CMR 10.53(4).” MassDEP Dam Removal Guidance -2007
General permitting for ecological restoration projects. For example: dam removal, stream daylighting, shellfish habitat restoration, fish passage, removing tidal restrictions (WPA)
•Provides incentives to undertake restoration •Improves speed and predictability of Orders of Conditions •Identifies key issues for review and information development •Projects eligible for General Permits are exempt from MEPA •Order of conditions serves as the Water Quality Certification
Eligibility Criteria for all Restoration Projects Project will benefit at least one of the interests of the Act Avoid and minimize adverse impacts
Utilize erosion control BMPs No significant effect on flood impacts to the built environment No impacts to vernal pools or ORWs No armoring of barrier beaches or dunes
•Written notification in the Environmental Monitor •Contact Mass Natural Heritage for Rare Species Determination •Time of Year (TOY) Restrictions •TOYs for Coastal Waters •Diadromous Fish •Silt producing in-water work
•Submit a Sediment Management Plan to DEP •Managed in accordance with physical and chemical
analytical requirements
•Address quantity and quality of mobilized sediments •Turbidity BMPs •Construction sequence in accordance with TOY
•Complies with Waterways dredge permit requirements
•Project restoration goals •Typical NOI information •Pre-application documentation •Invasive species control plan •Eligibility criteria certification •Combined Application Info (if applicable)
documenting potential to affect structures authorized under Chapter 91 •Wildlife Habitat evaluations not required
•Dam not constructed or managed for flood control
purposes •Will not adversely affect PWS or permitted water withdrawals or private water supply •Complete removal of vertical extent so no remnant remains at or below the streambed •Removal of horizontal extent so will not impound the 500 year flood •Will not affect a hydroelectric facility or require FERC approval •Not subject to DCR Dam Safety regulations, or permit issued by DCR •No adverse affect on navigation or on piers or boat ramps
Please comment on draft regulations! Public notice versions of draft regulatory changes have
been approved by EOEEA and Governor’s office Notice to State Agencies and Legislature (approval is required for promulgation) provided recently.
Public Comment: March 1, 2013 to May 10, 2013. Final promulgation completed by end of the year
March 22, 2013 MassDEP - Central Regional Office 627 Main Street Worcester, MA 01608 April 1, 2013 MassDEP – Southeast Regional Office 20 Riverside Drive, Lakeville, MA 02347
April 11, 2013 MassDEP – Western Regional Office 436 Dwight Street Springfield, MA 01103
March 28, 2013 MassDEP - Northeast Regional Office 205B Lowell Street Wilmington, MA 01887 April 3, 2013 Cape Cod Community College Theatre 2240 Iyannough Rd West Barnstable, MA 02668 April 16, 2013 MassDEP - Boston 2nd Floor Conference Rooms One Winter Street Boston, MA 02108
Proposed regulations: www.mass.gov/dep/water/approvals/2012_rr.htm Comment period closes: May 10, 2013 Mail Comment: MassDEP-Bureau of Resource Protection Regulatory Comment Box One Winter Street, Fifth Floor Boston, MA 02108
Electronic Comment:
[email protected] Thank you! Lealdon Langley, Director Wetlands and Waterways Program Bureau of Resource Protection (617) 574-6882
[email protected]