38 §490-M. Erosion control requirements for clay, topsoil, or silt excavations of less than 5 acres
Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 7: PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL OR SILT HEADING: PL 1995, C. 350, §5 (NEW); 1995, C. 700, §12 (RPR)
§490-M. Erosion control requirements for clay, topsoil, or silt excavations of less than 5 acres
An excavation of less than 5 acres of land for clay, topsoil or silt must be conducted and reclaimed in accordance with the following standards. [1995, c. 700, §34 (NEW).]
1. Stabilization and control. Sediment may not leave the parcel or enter a protected natural resource as defined in section 480-B. Properly installed erosion control measures must be in place before the excavation begins. Vegetative cover must be established on all affected land. Topsoil must be placed, seeded and mulched within 7 days of final grading. Permanent vegetative cover is acceptable for purposes of erosion control if, within one growing season of seeding, 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 the planting of all materials in permanent 90% ground coverage.
[ 1995, c. 700, §34 (NEW) .]
2. Phases. The excavation must be reclaimed in phases so that the working pit does not exceed 2 acres at any one time.
[ 1995, c. 700, §34 (NEW) .]
SECTION HISTORY
1995, c. 700, §34 (NEW).