MEPAMEPA

MEPA Regulations (MEPA Regulations (301 CMR 11.00 )301 CMR 11.00 ) www.mass.gov/envir/mepawww.mass.gov/envir/mepa

Large projects that require a state action (e.g., funding Large projects that require a state action (e.g., funding or approval) or approval)

Ensure early review to avoid and minimize “Damage to Ensure early review to avoid and minimize “Damage to the Environment”the Environment”

Requires public study, disclosure, and development of Requires public study, disclosure, and development of feasible mitigation for a proposed projectfeasible mitigation for a proposed project

Not a permit Not a permit

Articles 9 #1

Levels of MEPA ReviewLevels of MEPA Review No review requiredNo review required

Environmental Notification Form (ENF)Environmental Notification Form (ENF) 5+ acres of impervious surface5+ acres of impervious surface 5,000+ sf of wetlands5,000+ sf of wetlands ““Taking” of rare speciesTaking” of rare species

ENF and Mandatory Environmental Impact ENF and Mandatory Environmental Impact Report (EIR)Report (EIR) 10+ acres of impervious area10+ acres of impervious area 1+ acres of wetlands1+ acres of wetlands

Articles 9 #2

Environmental Notification FormEnvironmental Notification Form

www.mass.gov/envir/mepa/downloads/enf99a.docwww.mass.gov/envir/mepa/downloads/enf99a.doc Project descriptionProject description Project alternativesProject alternatives Any review thresholds that are met or exceededAny review thresholds that are met or exceeded Initial assessment of potential environmental Initial assessment of potential environmental

impacts impacts

Proposed mitigation measuresProposed mitigation measures

Articles 9 #3

Environmental Impact ReportEnvironmental Impact Report

Project descriptionProject description AlternativesAlternatives Existing environmental conditionsExisting environmental conditions Assessment of impacts Assessment of impacts Applicable standards and requirementsApplicable standards and requirements Mitigation measures Mitigation measures

Secretary determines that the EIR is adequateSecretary determines that the EIR is adequate

Articles 9 #4

BFRT and MEPABFRT and MEPA Advisory Opinion issued in March 2007 determining Advisory Opinion issued in March 2007 determining

that an EIR would not be required for the entire that an EIR would not be required for the entire length of the BFRTlength of the BFRT

Preliminary analysis indicates no review thresholds Preliminary analysis indicates no review thresholds will be exceeded. Determination will be made once will be exceeded. Determination will be made once 25% design is completed. 25% design is completed.

If review thresholds are exceeded in Concord, an If review thresholds are exceeded in Concord, an ENF will be filed ENF will be filed

Town is undertaking an EIR level of studyTown is undertaking an EIR level of study

Articles 9 #5

BFRT AssessmentBFRT Assessment For a 25% design, typically agency coordination & wetlandsFor a 25% design, typically agency coordination & wetlands

Work requested under BFRT Consultant ContractWork requested under BFRT Consultant Contract Agency coordinationAgency coordination Wetlands delineationWetlands delineation General/DEP Appendix B wildlife habitat evaluationGeneral/DEP Appendix B wildlife habitat evaluation Bird surveys & invasive species mappingBird surveys & invasive species mapping

Additional work undertaken by the Town Additional work undertaken by the Town Vernal pool migratory habitat analysisVernal pool migratory habitat analysis Rare plant & invertebrate surveys (identified by NHESP)Rare plant & invertebrate surveys (identified by NHESP)

Additional work planned by the Town Additional work planned by the Town Wood turtle, Blue spotted salamander, Zebra clubtailWood turtle, Blue spotted salamander, Zebra clubtail Painted turtle nesting habitat evaluation Painted turtle nesting habitat evaluation

Articles 9 #6