Article 7: PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL OR SILT HEADING:
PL 1995, C. 350, §5 (NEW); 1995, C. 700, §12 (RPR)
§490-M. Erosion control requirements for clay, topsoil, or silt excavations of less than 5
acres
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. [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.
[
1995, c. 700, §34 (NEW)
.]
2.Phases.
The excavation must be reclaimed in phases so that the working pit does not exceed
2 acres at any one time.
[
1995, c. 700, §34 (NEW)
.]
SECTION HISTORY
1995, c. 700, §34 (NEW).
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