LD 1506
pg. 2
Page 1 of 13 An Act To Update the Laws Governing Borrow Pits and Quarries Page 3 of 13
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LR 585
Item 1

 
Sec. 3. 38 MRSA §490-C, first ¶, as amended by PL 1995, c. 700, §23, is
further amended to read:

 
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.

 
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:

 
6-A. Public and private roads. A natural buffer strip must
be maintained between the working edge of an excavation and a
road or right-of-way as follows.

 
A. A natural buffer strip at least 150 feet wide must be
maintained between the working edge of an excavation and a
road designated as a scenic highway by the Department of
Transportation.

 
B. A natural buffer strip at least 100 feet wide must be
maintained between the working edge of an excavation and any
public road not designated as a scenic highway by the Department
of Transportation. A natural buffer strip at least 25 feet wide
must be maintained between the working edge of a topsoil
excavation and any public road not designated as a scenic highway
by the Department of Transportation. A natural buffer strip at
least 50 feet wide must be maintained between the working edge of
an excavation and any right-of-way that does not contain a


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