01- 669 C.M.R. ch. 27, § 6

Current through 2024-51, December 18, 2024

Section 669-27-6 - Gravel Extraction Less than Five Acres in Size

A. Gravel pits in P-AL, P-AR, P-FP,P-FW, P-GP, P-GP2, P-SG and P-UA subdistricts, P-RR and P-RT subdistricts except those in conformance with Section 6(B)(6) below, and FEMA zones A, AE, A1-30 and VE require a permit from the Bureau. Unless otherwise indicated, pits may not exceed five acres in size. Gravel pits must not exceed one acre in size in P-FW and P-WL subdistricts. Gravel pits must not exceed two acres in size in P-GP2 subdistricts. Gravel pits between two acres and five acres in size require a permit from the Bureau in P-SL subdistricts. Gravel pits are not permitted in other protection subdistricts. In approving applications submitted to it pursuant to 12 M.R.S. §8867-D and §8867-E, the Bureau may impose such reasonable terms and conditions as the Bureau considers appropriate in order to satisfy the purpose set forth in its governing statutes and rules. Permits for gravel pits less than five acres in size in P-RR, P-RT and P-UA subdistricts require review and approval by the Commission.

B. The following requirements apply to gravel extraction from pits less than five acres in size in a P-RR subdistrict established to protect a flowing water, gravel extraction from pits less than two acres in size in a P-SL subdistrict and all management subdistricts except as otherwise hereinafter provided:

1. A vegetative buffer strip must be retained between the ground area disturbed by the extraction activity and:

a. 75 feet of the normal high water line of any body of standing water less than ten acres in size, any flowing water draining less than 50 square miles, tidal water, or wetland identified as a P-WL1 subdistrict; and

b. 100 feet of the normal high water line of any body of standing water ten acres or greater in size or flowing water draining 50 square miles or more.

2. No portion of any ground area disturbed by the extraction activity shall be closer than 250 feet from any public roadway, or 250 feet from any property line in the absence of the prior written agreement of the owner of such property.

3. Within 250 feet of any water body the extraction area must be protected from soil erosion by ditches, sedimentation basins, dikes, dams, or such other control devices which are effective in preventing sediments from being eroded or deposited into such water body.

Any such control device must be deemed part of the extraction area for the purposes of Section 6(B)(1)above;

4. A natural vegetative screen of not less than 50 feet in width must be retained from any facility intended primarily for public use, excluding privately owned roads; and

5. If any gravel extraction operation located within 250 feet of any property line or public roadway or facility intended primarily for public use, excluding privately owned roads, is to be terminated or suspended for a period of one year of more, the site must be rehabilitated by grading the soil to a slope of 2 horizontal feet to 1 vertical foot, or flatter.

6. In addition to the forgoing requirements, gravel extraction for road purposes in P-RR and P-RT subdistricts established to protect flowing waters must:

a. Not be visible from the flowing water which the P-RR or P-RT subdistrict was established to protect;

b. Avoid use of the P-RR or P-RT subdistrict, except where necessary to provide gravel for local management operations where alternative sources are unavailable or impractical; and

c. Not exceed two acres in size.

7. In addition to the forgoing requirements, gravel extraction for road purposes in P-AL subdistricts must:

a. Not be visible from the body of standing water which the P-AL subdistrict was established to protect; and

b. Avoid use of the P-AL subdistrict, except where necessary to provide gravel for local management operations where alternative sources are unavailable or impractical.

C. The following requirements apply to gravel extraction for road purposes in P-FW subdistricts:

1. A landowner or designated agent must confer with the appropriate biologist of the Department of Inland Fisheries and Wildlife for the purpose of developing a plan as to how the proposed activity is to occur within the P-FW subdistrict and within what time period;

2. If a plan acceptable to the parties cannot be reached stating how the proposed activity should occur, the landowner or designated agent is required to obtain a permit from the Bureau;

3. If a plan acceptable to the parties can be reached, the landowner or designated agent must submit a copy of the agreed-upon plan, signed by both parties, to the Bureau;

4. The landowner or designated agent may proceed with the activity in conformity with the plan 14 days following receipt of the plan by the Bureau unless, within such time period, the Bureau disapproves the plan; and

5. The landowner or designated agent must notify the Bureau of completion of the activity so that a follow-up field investigation may be carried out by the Bureau or its designee.

Gravel extraction for road purposes from pitiless than five acres in size that are not in conformance with the standards of this section may be allowed upon issuance of a permit from the Bureau, provided that such type of activity is allowed in the subdistrict involved. An applicant for such permit must show by a preponderance of the evidence that the proposed activity, which is not in conformance with the standards of this section, will be conducted in a manner that produces no undue adverse impact upon the resources and uses in the area.

01- 669 C.M.R. ch. 27, § 6