PUBLIC Law Chapter 158

	7. Property boundary. A natural buffer strip at least 50
feet wide must be maintained between any excavation and any
property boundary. A natural buffer strip at least 25 feet wide
must be maintained between any topsoil excavation and a property
boundary. These distances may be reduced to not less than 10
feet with the written permission of the affected property owner
or owners, except that the distance may not be reduced to less
than 25 feet from the boundary of a cemetery or burial ground.
The buffer strip between excavations owned by abutting owners may
be eliminated with the abutter's written permission, provided the
elimination of this buffer strip does not increase the runoff
from either excavation across the property boundary. Any written
permission to reduce a buffer must provide that it remains in
effect until mining ceases and must be recorded in the registry
of deeds. All property boundaries must be identified in the
field by markings such as metal posts, stakes, flagging or blazed
trees. The department may not grant a variance from the
provisions of this subsection.

8. Erosion and sedimentation control. All reclaimed and
unreclaimed areas, except for access roads, must be naturally
internally drained at all times unless a variance is obtained
from the department.

A. The area of a working pit may not exceed 10 acres.

B. Stockpiles consisting of topsoil to be used for
reclamation must be seeded, mulched or otherwise temporarily
stabilized.

C. Sediment may not leave the parcel or enter a protected
natural resource.

D. Grubbed areas not internally drained must be stabilized.

E. Erosion and sedimentation control for access roads must
be conducted in accordance with the department's best
management practices for erosion and sedimentation control.
Areas for access roads that are not naturally internally
drained must meet the erosion and sedimentation control
standards of section 420-C.

The department may grant a variance from this subsection, except
for paragraphs C, D and E. Areas are not considered "naturally
internally drained" if surface discharge is impeded through the
use of structures such as detention ponds, retention ponds and
undersized culverts.

Sec. 5. 38 MRSA §490-D, sub-§9, as amended by PL 1995, c. 700, §24,
is repealed and the following enacted in its place:

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