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guidelines are followed.__Visible emissions from a fugitive | | emission source may not exceed an opacity of 20% for more than 5 | | minutes in any one-hour period. |
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| | | The department may require that a quarry or excavation take | | additional measures or provide additional information when | | necessary to meet the standards for development set forth in | | section 484. |
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| | | Sec. 2. 38 MRSA §490-A, sub-§5-A, as enacted by PL 1995, c. 700, §18, | | is amended to read: |
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| | | 5-A. Reclamation. "Reclamation" means the rehabilitation of | | the area of land affected by mining, including, but not limited | | to, the stabilization of slopes and creation of safety benches, | | the planting of forests, the seeding of grasses and legumes for | grazing purposes, the planting of crops for harvest and, the | | enhancement of wildlife and aquatic habitat and aquatic resources | | and the development of the site for residential, commercial, | | recreational or industrial use. |
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| | | Sec. 3. 38 MRSA §490-C, first ¶, as amended by PL 1995, c. 700, §23, is | | further amended to read: |
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| | | Except as provided in section 484-A, a person intending to | | create or operate an excavation under this article must file a | | notice of intent to comply before the total area of excavation on | | the parcel equals 5 or more acres excavated since January 1, | | 1970. Both reclaimed and unreclaimed areas are added together in | | determining whether this 5-acre threshold is met. A notice filed | | under this section must be complete, submitted on forms approved | | by the department and mailed to the municipality, 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 mailed at least 7 days | | prior to filing the notice of intent to comply with the | | regulator. The notice that is mailed to the regulator must be | | sent by certified mail, return receipt requested. Upon receiving | | the postal receipt, the owner or operator may commence operation. | | The municipality where the proposed excavation is located may | | submit comments to the department if the proposed excavation may | | pose an unreasonable adverse impact under the standards in | | section 490-D. Within 30 days of receipt of the notice of intent | | to comply, the department must 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. |
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| | | Sec. 4. 38 MRSA §490-D, sub-§§6-A, 7 and 8, as amended by PL 1995, c. | | 700, §24, are further amended to read: |
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