Sec. 1. 38 MRSA §490-B, 2nd ¶, as enacted by PL 1995, c. 700, §22, is amended to read:

A person in possession of a valid site location of development permit for a borrow pit or topsoil, clay or silt mining operation shall operate that pit or operation in compliance with the terms and conditions of the permit until and including November 30, 2005 or until a complete notice of intent to comply under this article is filed with the department, whichever comes first. Any modification of the permit must be in conformance with section 484. A person with a permit under article 6 may shall file a notice of intent to comply under this article. The permit issued under article 6 lapses as of December 1, 2005 or the date a complete notice of intent is filed with the department, whichever comes first. If the permittee chooses to substitute a notification pursuant to this article, all All terms and conditions that applied to the permit issued pursuant to article 6 are incorporated into the notification approved pursuant to this article.

Sec. 2. 38 MRSA §490-D, sub-§14, as amended by PL 2001, c. 466, §9, is further amended to read:

14. Reclamation. Except as provided in subsection 15, the affected land must be restored to a condition that is similar to or compatible with the conditions that existed before excavation. Reclamation should be conducted in accordance with the department's best management practices for erosion and sediment control, and must include:

A. Regrading side slopes to a slope no steeper than 2 1/2 horizontal feet for each vertical foot;

B. Establishing a vegetative cover by seeding within one year of the completion of excavation. Vegetative cover is acceptable if, within one year of seeding:

(1) 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

(2) The planting of all materials results in permanent 90% ground coverage;

C. Removing all structures and, once no longer in use, reclaiming all access roads, haul roads and other support roads;