Maine Revised Statutes Title 38 Sec. 490-Y – Notice of intent to comply
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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 excavated since January 1, 1970. 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 sent by certified mail 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 adverse impact under the standards in section 490?Z. Within 30 days of receipt of the notice of intent to comply, the department shall respond to the comments made by the municipality. Abutting property owners, the Maine Historic Preservation Commission or other interested persons may submit comments directly to the department. [PL 2017, c. 137, Pt. A, §11 (AMD).]
A notice of intent to comply is not complete unless it includes the following: [PL 1995, c. 700, §35 (NEW).]
1. Name, address and telephone number. The name, mailing address and telephone number of the owner of the quarry and, if different from the owner, the operator of the quarry;
[PL 1995, c. 700, §35 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 490-Y
- Deed: The legal instrument used to transfer title in real property from one person to another.
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Quarry: means a place where rock is excavated. See Maine Revised Statutes Title 38 Sec. 490-W
- Regulator: means :
A. See Maine Revised Statutes Title 38 Sec. 490-WRock: means a hard, nonmetallic material that requires cutting, blasting or similar methods of forced extraction. See Maine Revised Statutes Title 38 Sec. 490-W
2. Map and site plan. A location map and site plan drawn to scale showing property boundaries, stockpile areas, existing reclaimed and unreclaimed lands, proposed maximum acreage of all affected lands, all applicable private drinking water supplies or public drinking water sources and all existing or proposed solid waste disposal areas;
[PL 1995, c. 700, §35 (NEW).]
3. Parcel description. A description of the parcel including size and deed description;
[PL 1995, c. 700, §35 (NEW).]
4. Legal interest. A copy of the lease or other document showing that an operator who is not the owner has a legal right to excavate on the property. Stumpage information does not have to be shown;
[PL 1995, c. 700, §35 (NEW).]
5. Information on abutters. The names and addresses of abutting property owners;
[PL 1995, c. 700, §35 (NEW).]
6. Signed statement. A statement signed and dated by the owner or operator certifying that the quarry will be operated in compliance with this article; and
[PL 1995, c. 700, §35 (NEW).]
7. Fees. A fee paid to the department as provided by section 490?EE.
[PL 1995, c. 700, §35 (NEW).]
If the department determines that a notice filed under this section is not complete, the department must notify the owner or operator no later than 45 days after receiving the notice. [PL 1995, c. 700, §35 (NEW).]
SECTION HISTORY
PL 1995, c. 700, §35 (NEW). PL 1997, c. 364, §22 (AMD). PL 2005, c. 158, §10 (AMD). PL 2007, c. 297, §9 (AMD). PL 2017, c. 137, Pt. A, §11 (AMD).