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    	301 CMR 11.00: MEPA REGULATIONS
    	Section 11.06: ENF Review and Decision
        (1) Publication and Review Period.
        
        	- Upon receiving and accepting the ENF, the Secretary shall publish the appropriate pages of the ENF in 
            the next Environmental Monitor in accordance with 301 CMR 11.15(2), which begins the ENF review period. The ENF review 
            period lasts for 30 Days, unless extended by the Secretary on account of the Proponent's failure to meet circulation 
            or Public Notice requirements or with the consent of the Proponent. The review period for an expanded ENF requesting 
            a single EIR or Special Review Procedure lasts for 37 Days, unless extended by the Secretary on account of the 
            Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent.
(2) Consultation and Investigation.
        
        	- After receiving and accepting an ENF, the Secretary shall review the ENF and may review relevant 
            information from any other source to determine whether to require an EIR, and, if so, what to require in the 
            Scope. The Secretary shall ordinarily schedule with the Proponent a site visit and public consultation session to 
            review the Project and discuss its alternatives, its potential environmental impacts and mitigation measures. Any 
            Agency or Person may inquire of the MEPA Office as to the date, time, and location of the consultation session.
(3) Public Comment Period, Extensions, Late Comments.
        
        	- After receiving and accepting an ENF, the Secretary shall receive into the record written comments 
            from any Agency or Person, concerning the Project, its alternatives, its potential environmental impacts, mitigation 
            measures, and whether to require an EIR and, if so, what to require in the Scope. Comments shall be filed with the 
            Secretary within 20 Days following publication of the ENF in the Environmental Monitor, unless the public comment 
            period is extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice 
            requirements or with the consent of the Proponent. If the Proponent has filed an expanded ENF requesting a single 
            EIR or a Special Review Procedure in accordance with 301 CMR 11.05(7), comments shall be filed within 30 Days 
            following publication of the ENF in the Environmental Monitor, unless the comment period is extended by the 
            Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements or with the c
            onsent of the Proponent. An extension shall not ordinarily exceed 30 Days. The Secretary may accept a late comment, 
            provided it is received prior to the Secretary's decision on the ENF.
(4) Agency Review.
        
        	- An Agency shall review an ENF circulated to it by the Proponent. If it appears that the Project requires 
            Agency Action by the Agency or may significantly affect any interest of the Agency or any statutes or regulations 
            administered by the Agency, the Agency shall:
            	
                	- (a) participate in the consultation session scheduled by the Secretary in accordance with 301 CMR 
                    11.06(2) and file comments with the Secretary in accordance with 301 CMR 11.06(3); and
- (b) specify in its comments: any Agency Action required to be taken by the Agency for the Project; 
                    any aspect of the Project or issue requiring additional description or analysis in an EIR; and any opportunity 
                    to maximize consistency and facilitate coordination between the Agency Action and MEPA review or any other 
                    Agency Actions. A Participating Agency's failure to specify an aspect of the Project or issue requiring 
                    additional description or analysis in an EIR shall have the effect of a determination that the information 
                    presented in the ENF, together with information already provided in any application for a Permit, Financial 
                    Assistance or a Land Transfer, sufficiently defines the nature and general elements (but not necessarily the 
                    technical details) of the Agency Action on the Project, such that the Participating Agency recommends that 
                    the Secretary require no further MEPA review or that the Scope not include any requirements relating to the 
                    aspect or issue.
 
(5) Secretary's Request for Copy of Application or Other Information.
        
        	- Upon request of the Secretary during the review period for an ENF, the Proponent shall file with the 
            Secretary a copy of any application for a Permit, Financial Assistance, or a Land Transfer and any other information 
            relevant to the Secretary's review of the Project, its alternatives, its potential environmental impacts and 
            mitigation measures. Upon request of the Secretary, the Proponent shall make available a copy of any application 
            for a Permit, Financial Assistance, or Land Transfer when the application is filed with a Participating Agency 
            subsequent to the Secretary's decision on the ENF.
(6) Effect of Proponent's Failure to Cooperate.
        
        	- The Secretary and any Participating Agency may consider the Proponent's failure to participate in the 
            ENF consultation session to be withdrawal of the ENF. The Proponent's failure to provide requested information may 
            result in the Secretary requiring the Proponent to consider in an EIR the aspect of the Project or the issue about 
            which information was requested, provided that the aspect or issue is within any applicable jurisdictional 
            limitations in accordance with 301 CMR 11.06(9)(b).
(7) Decision on ENF and Scope.
        
        	- After the close of the public comment period and on or prior to the last Day of the ENF review period, 
            the Secretary shall issue a written certificate stating whether or not an EIR is required and, if so, what to require 
            in the Scope in accordance with 301 CMR 11.06(9). The Secretary's failure to issue a timely certificate shall have 
            the effect of a determination that no EIR is required, unless the Project meets or exceeds one or more mandatory EIR 
            review thresholds, in which case such failure shall have the effect of a determination that an EIR is required, and 
            that it shall address all aspects of the Project that are likely, directly or indirectly, to cause Damage to the 
            Environment, provided that such aspects are within any applicable jurisdictional limitations in accordance with 301 
            CMR 11.06(9)(b). The Secretary's decision on the ENF shall be subject to the legal challenge periods in accordance 
            with 301 CMR 11.14.
(8) Decision Allowing Single EIR.
        
        	- When issuing a Scope in accordance with 301 CMR 11.06(7), the Secretary shall ordinarily require a draft 
            and final EIR but may allow a single EIR, provided that the Secretary finds that the expanded ENF requesting a single 
            EIR in accordance with 301 CMR 11.05(7):
            	
                	- (a) describes and analyzes all aspects of the Project and all feasible alternatives, regardless of any 
                    jurisdictional or other limitation that may apply to the Scope;
- (b) provides a detailed baseline in relation to which potential environmental impacts and mitigation 
                    measures can be assessed; and
- (c) demonstrates that the planning and design of the Project use all feasible means to avoid potential 
                    environmental impacts.
 
(9) Limits on Scope.
        
        	- (a) Potential Environmental Impacts. The Secretary shall limit the Scope to those aspects of the Project that are 
            likely, directly or indirectly, to cause Damage to the Environment.
- (b) Subject Matter Jurisdiction. In the case of a Project undertaken by a Person that requires one or more Permits or 
            involves a Land Transfer but does not involve Financial Assistance, the Scope shall be limited to the direct and indirect 
            potential environmental impacts from those aspects of the Project that are within the subject matter of any required Permit 
            or within the area subject to a Land Transfer, regardless of whether or not those aspects met or exceeded any review 
            thresholds.
- (c) Elements of Scope. The Secretary shall determine the form, content, level of detail, and alternatives required 
            for the EIR and may establish guidelines as to page length and time necessary for preparation. The Secretary may direct the 
            Proponent to consult with any Participating Agency and describe in the EIR any opportunity to maximize consistency and 
            facilitate coordination between any Agency Action and MEPA review or any other Agency Action.
(10) Environmental Mediation.
        
        	- The Proponent, an Agency, or a Person may conclude that environmental mediation, either alone or in addition to 
            the preparation of an EIR, may be helpful in settling unresolved issues. The Secretary may assist parties in identifying the 
            need for and sources of such services. This assistance shall not alter any of the review periods, deadlines, or other provisions 
            or requirements of MEPA or 301 CMR 11.00, except with the consent of the Proponent.
(11) Suspended, Abandoned, or Changed Project.
        
        	- If a Proponent does not proceed with a Project or changes a Project after filing an ENF, the Proponent shall file 
            a Notice of Project Change in accordance with 301 CMR 11.10.
(12) Notification to Department of Environmental Protection for Projects Located in Landlocked Tidelands.
        
        	- If the Project is located in landlocked tidelands as defined in 310 CMR 9.02, then within 30 days after a certificate is issued determining that an ENF is adequate and no EIR is required or within 30 days after the Secretary issues a decision waiving the requirement to file an EIR, the Proponent shall file with the Department of Environmental Protection a completed form notifying the Department of Environmental Protection that work will be conducted within landlocked tidelands. The Proponent shall attach the certificate to the form. The Proponent shall comply with all obligations set forth in the certificate and the Department of Environmental Protection shall enforce such conditions consistent with M.G.L. c. 30 ยง62I.
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