LD 1506
pg. 13
Page 12 of 13 An Act To Update the Laws Governing Borrow Pits and Quarries LD 1506 Title Page
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LR 585
Item 1

 
notification under the quarry law may be submitted directly to the
department.

 
12. It provides that all excavations below the seasonal high
water table require a variance from the department by removing
limiting language under the quarry law.

 
13. It amends the standard of the quarry law standard
addressing roads, rights-of-way and natural buffer strips to
provide that a natural buffer at least 50 feet wide must be
maintained between the working edge of an excavation and any
public easement that does not contain a road. It also provides
that when a variance is allowed from the public road standard, it
may not result in a natural buffer strip of less than 50 feet
between the working edge of the excavation and any road or right-
of-way, whichever is farther from the excavation. The buffer
along a public road other than a scenic highway may be reduced if
there is a public entity or entities with authority to grant
permission and the applicant receives permission in writing from
each authority.

 
14. It provides that any written permission to reduce a
buffer from a property line under the laws governing quarries
must remain in effect until mining ceases and must be recorded in
the registry of deeds.

 
15. It amends the erosion and sedimentation standard in the
quarry law to provide that areas that are not naturally
internally drained must meet the standards of the laws governing
erosion and sedimentation control in Title 38, section 420-C.

 
16. It repeals and replaces the existing surface water
protection and storm water standard in the quarry law to clarify
when the standards of storm water management must be met in
regard to externally drained areas and when a discharge must meet
standards and obtain authorization pursuant to the laws governing
waste discharge if required.

 
17. It adds a numeric standard for fugitive dust emissions in
the laws governing quarries.

 
18. It changes the range for a preblast survey from 2000 feet
to 1/2 mile, consistent with federal requirements.

 
19. It authorizes the department to grant a release from
requirements of the quarry law after reclamation of the affected
area. The department would be required to inspect the site
before the release, and the release would terminate if any
further excavation was proposed on the parcel.


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