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| The department may grant a release from the requirements of this | article to the owner or operator or a transferee after reclamation | of the affected area as determined by the department.__The | department shall inspect the site before making this determination.__ | The release will terminate if any further excavation on the parcel | for borrow, clay, topsoil or silt is proposed by the owner or | operator or a transferee.__A person proposing further excavation on | the parcel must file a notice of intent to comply pursuant to | section 490-C and comply with all requirements of this article.__ | Payment of the annual fee under section 490-J will resume in the | year when the further excavation begins. |
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| | Sec. 9. 38 MRSA §490-W, sub-§18, as enacted by PL 1995, c. 700, §35, | is amended to read: |
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| | 18. Reclamation. "Reclamation" means the rehabilitation of | the area of land affected by mining, including, but not limited | to, the stabilization of slopes and creation of safety benches, | the planting of forests, the seeding of grasses and legumes for | grazing purposes, the planting of crops for harvest and, the | enhancement of wildlife and aquatic habitat and aquatic resources | and the development of the site for residential, commercial, | recreational or industrial use. "Reclamation" does not include | the filling in of pits and the filling or sealing of shafts and | underground workings with solid materials unless necessary for | the protection of groundwater or for reasons of safety. |
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| | Sec. 10. 38 MRSA §490-Y, first ¶, as amended by PL 1997, c. 364, §22, | is further amended to read: |
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| | Except as provided in section 484-A, a person intending to | create or operate a quarry under this article must file a notice | of intent to comply before the total area of excavation of rock | or overburden on the parcel exceeds one acre. Both reclaimed and | unreclaimed areas are added together in determining whether this | one-acre threshold is exceeded. A notice filed under this | section must be complete, submitted on forms approved by the | department and mailed to the municipality where the quarry is | located, the department, the Maine Historic Preservation | Commission and each abutting property owner. The notice that is | mailed to the municipality and each abutting property owner must | be mailed at least 7 days before the notice of intent to comply | is filed with the regulator. The notice that is mailed to the | department must be sent by certified mail, return receipt | requested. Upon receiving the postal receipt, the owner or | operator may commence operation of the quarry. The municipality | where the proposed quarry is located may submit comments to the | department if the proposed quarry may pose an unreasonable |
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