§ 38 §490-Z — Performance standards for quarries

1.
Significant wildlife habitat and other protected areas.
Affected land may not be located in, on or over a significant wildlife habitat or other type of protected natural resource, as defined in section 480‑B, or in an area listed pursuant to the Natural Areas Program, Title 12, section 544. The department may allow excavation to occur under this section as long as a permit is obtained pursuant to article 5‑A. Permit requirements for certain excavations in, on or over high and moderate value inland waterfowl and wading bird habitat are also governed by section 480‑GG.
2.
Solid waste.
Solid waste, including stumps, wood waste and land-clearing debris generated on the affected land must be disposed of in accordance with chapter 13, including any rules adopted to implement those laws. The department may not grant a variance from the provisions of this subsection.
3.
Groundwater protection.
To ensure adequate groundwater protection, the following setback requirements must be met.
4.
Natural buffer strip.
Existing vegetation within a natural buffer strip may not be removed. If vegetation within the natural buffer strip has been removed or disturbed by the excavation or activities related to operation of a quarry before submission of a notice of intent to comply, that vegetation must be reestablished as soon as practicable after filing the notice of intent to comply. The department may not grant a variance from the provisions of this subsection.
5.
Protected natural resource buffers.
A natural buffer strip must be maintained between the working edge of an excavation and a river, stream, brook, great pond or coastal wetland as defined in section 480‑B. A natural buffer strip must also be maintained between the working edge of an excavation and certain freshwater wetlands as defined in section 480‑B and have the characteristics listed in paragraph B. Excavation activities conducted within 100 feet of a protected natural resource must comply with the applicable permit requirements under article 5‑A. The width requirements for natural buffer strips are as follows.
6.
Roads.
A natural buffer strip must be maintained between the working edge of an excavation and a road or right-of-way as follows.
7.
Property boundary.
A natural buffer strip at least 100 feet wide must be maintained between an excavation and any property boundary. This distance may be reduced to 10 feet with the written permission of the affected abutting property owner or owners, except that the distance may not be reduced to less than 25 feet from the boundary of a cemetery or burial ground. The natural buffer strip between quarries owned by abutting owners may be eliminated with the abutter's written permission if the elimination of this natural buffer strip does not increase the runoff from either excavation across the property boundary. Any written permission to reduce a buffer must provide that it remains in effect until mining ceases and must be recorded in the registry of deeds. All property boundaries must be identified in the field by markings such as metal posts, stakes, flagging or blazed trees. The department may not grant a variance from the provisions of this subsection.
8.
Erosion and sedimentation control.
A working pit must be naturally internally drained at all times unless a variance is obtained from the department. Stockpiles consisting of topsoil to be used for reclamation must be seeded, mulched or otherwise temporarily stabilized.
9.
Water quality protection and storm water management.
Standards of the laws governing storm water management and waste discharge must be met as provided in this subsection.
10.
Traffic.
The following provisions govern traffic.
11.
Noise.
Noise levels may not exceed applicable noise limits in rules adopted by the board.
12.
Dust.
Dust generated by activities at a quarry, including dust associated with traffic to and from a quarry, must be controlled by sweeping, paving, watering or other best management practices for control of fugitive emissions. Dust control methods may include calcium chloride as long as the manufacturer's labeling guidelines are followed. The department may not grant a variance from the provisions of this subsection. Visible emissions from a fugitive emission source may not exceed an opacity of 20% for more than 5 minutes in any one-hour period.
13.
Reclamation.
The affected land must be restored to a condition that is similar to or compatible with the conditions that existed before excavation. Reclamation may be conducted in accordance with the department's best management practices for erosion and sedimentation control and must include the following.
14.
Blasting.
The applicant must ensure that the blasting is conducted in accordance with Title 25, chapter 318.
15.
Lighting.
Lighting must be shielded from adjacent highways and residential areas.

Legislative History

PL 1995, c. 700, §35 (NEW). PL 1997, c. 364, §23 (AMD). PL 1999, c. 468, §17 (AMD). PL 1999, c. 556, §35 (AMD). PL 1999, c. 652, §10 (AMD). PL 2005, c. 158, §§11-15 (AMD). PL 2005, c. 561, §4 (AMD). PL 2007, c. 290, §12 (AMD). PL 2007, c. 297, §§10, 11 (AMD). PL 2007, c. 364, §3 (AMD). PL 2007, c. 616, §§6-8 (AMD). PL 2009, c. 293, §6 (AMD).