Maine Revised Statutes Title 38 Sec. 490-M – Erosion control requirements for clay, topsoil, or silt excavations of less than 5 acres
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An excavation of less than 5 acres of land for clay, topsoil or silt must be conducted and reclaimed in accordance with the following standards. [PL 1995, c. 700, §34 (NEW).]
1. Stabilization and control. Sediment may not leave the parcel or enter a protected natural resource as defined in section 480?B. Properly installed erosion control measures must be in place before the excavation begins. Vegetative cover must be established on all affected land. Topsoil must be placed, seeded and mulched within 7 days of final grading. Permanent vegetative cover is acceptable for purposes of erosion control if, within one growing season of seeding, 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 the planting of all materials in permanent 90% ground coverage.
[PL 1995, c. 700, §34 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 490-M
- Affected land: means reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with the excavation. See Maine Revised Statutes Title 38 Sec. 490-A
- clay: means a material that consists of particles of such a size that 45% or more of the fraction of those particles able to pass through a 3-inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization or runoff based upon its gradation, plasticity, permeability or other relevant criteria. See Maine Revised Statutes Title 38 Sec. 490-A
- Excavation: means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. See Maine Revised Statutes Title 38 Sec. 490-A
- Topsoil: means the top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils. See Maine Revised Statutes Title 38 Sec. 490-A
- Working pit: means the extraction area, including side slopes, of an excavation for borrow, clay, silt or topsoil. See Maine Revised Statutes Title 38 Sec. 490-A
2. Phases. The excavation must be reclaimed in phases so that the working pit does not exceed 2 acres at any one time.
[PL 1995, c. 700, §34 (NEW).]
SECTION HISTORY
PL 1995, c. 700, §34 (NEW).