LD 1428
pg. 1
LD 1428 Title Page An Act To Modernize Regulation of Sand and Gravel Pits Page 2 of 3
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LR 1781
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 38 MRSA §490-B, 2nd ¶, as enacted by PL 1995, c. 700, §22, is
amended to read:

 
A person in possession of a valid site location of development
permit for a borrow pit or topsoil, clay or silt mining operation
shall operate that pit or operation in compliance with the terms
and conditions of the permit until and including November 30,
2005 or until a complete notice of intent to comply under this
article is filed with the department, whichever comes first. Any
modification of the permit must be in conformance with section
484. A person with a permit under article 6 may shall file a
notice of intent to comply under this article. The permit issued
under article 6 lapses as of December 1, 2005 or the date a
complete notice of intent is filed with the department, whichever
comes first. If the permittee chooses to substitute a
notification pursuant to this article, all All terms and
conditions that applied to the permit issued pursuant to article
6 are incorporated into the notification approved pursuant to
this article.

 
Sec. 2. 38 MRSA §490-D, sub-§14, as amended by PL 2001, c. 466, §9, is
further amended to read:

 
14. Reclamation. Except as provided in subsection 15, the
affected land must be restored to a condition that is similar to
or compatible with the conditions that existed before excavation.
Reclamation should be conducted in accordance with the
department's best management practices for erosion and sediment
control, and must include:

 
A. Regrading side slopes to a slope no steeper than 2 1/2
horizontal feet for each vertical foot;

 
B. Establishing a vegetative cover by seeding within one
year of the completion of excavation. Vegetative cover is
acceptable if, within one year of seeding:

 
(1) The planting of trees and shrubs results in a
permanent stand or a stand capable of regeneration and
succession, sufficient to ensure a 75% survival rate;
and

 
(2) The planting of all materials results in permanent
90% ground coverage;

 
C. Removing all structures and, once no longer in use,
reclaiming all access roads, haul roads and other support
roads;


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