Section 096-380-4 - ProcedureA.Election. The applicant for a permit for a long-term construction project may elect to provide specific designs or, alternatively, may choose to specify assumptions for the development or a portion of the development as allowed by the department on a site-specific basis. In either case, the applicant shall provide sufficient information to the department to allow a determination concerning whether standards will be met. (1)Specified assumptions. Assumptions that may be specified include but are not limited to: the maximum developed area; the maximum amount of impervious area in each subwatershed, the types and maximum volume of waste, potential impacts to surface water and groundwater, and infrastructure requirements in each subwatershed or other relevant division of the area licensed under the permit. The types of assumptions that may be allowed by the department depend upon the type of proposed development and the site selected.(2)Plans. If the applicant elects to specify assumptions, the department may require the submission of specific built-out plans prior to construction, for review and approval, and may include limits in the terms of the permit or place conditions on the permit to address specific aspects of the unspecified future development, including but not limited to stormwater management, water supply, wastewater, groundwater, air emissions, odors, water vapor, storage and handling of potential contaminants, and scenic character.(3)Changes. Any changes to the approved assumptions must be submitted to the department for review and approval, and would be processed as a minor revision or an amendment as applicable. The permittee seeking a modification of the permit must meet the standards in effect at the time the application for the modification is accepted as complete for processing.B.Conformance of future construction with rules. The permittee with a long-term construction permit shall submit periodic construction reports to the Department as described in B(1) and B(2). The permittee shall demonstrate that the following standards are met. (1)Five year review. If the permittee has not completed the development within five years of the date the long-term construction permit was issued, the permittee shall review the undeveloped portion of the parcel for habitats of species that are of special concern, threatened, or endangered and for rare natural communities and ecosystems (State rarity rank of S1 through S3) as listed by the Maine Natural Areas Program, as of five years from the date of permit issuance, and as of each date five years thereafter until the development is substantially complete. If any such habitat or species is discovered, the permittee must submit plans for establishing appropriate buffers or other protective measures to preserve the habitat to the department for review and approval. For purposes of this paragraph, "habitats of species that are of special concern, threatened or endangered" are as defined in No Adverse Environmental Effect Standards of the Site Location of Development Act, 06-096 CMR 375(15)(B)(3)(a)-(f).
(2)Ten year review. If the permittee has not completed the development with in ten years of the date the long-term construction permit was issued, the permitee shall submit the following as a condition compliance application prior to the tenth anniversary of permit issuance, and as of each tenth anniversary thereafter until the development is substantially complete. (a) Demonstrate that construction planned during the period from ten to twenty years following permit issuance is in conformance with the rules in effect as of ten years from permit issuance. If changes to the plans are required to achieve compliance the permittee will submit an application for project modification. Following this pattern, the permittee must ensure that remaining construction is in conformance with current rules every 10 years following permit issuance, until the development is substantially complete. The department may waive the requirement for a particular 10-year review, for a particular development or class of developments for which the department determines the change in rules to be in significant. The waiver does not require rulemaking.
(b) Demonstrate that the requirements of Financial and TechnicalCapacity Standards of the Site Location of Development Act, 06-096 CMR 373 are still met for any portion of the development that is not substantially complete.06- 096 C.M.R. ch. 380, § 4