An Act Concerning Certain Excavations
Maine Legislature, Session 123, LD 2046
Committee Amendment CA_A_H897 (House)
Amends: 38 MRSA §480-G, 38 MRSA §488, 38 MRSA §490-D, 38 MRSA §490-Z

COMMITTEE AMENDMENT ,A " to H.P. 1430, L.D. 2046, Bill, "An Act 
Concerning Certain Excavations" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §480-GG is enacted to read: 
§480-GG. High and moderate value inland waterfowl and wading bird habitat and 
excavations and quarries authorized pursuant to article 6, 7 or 8-A 
1. Excavation authorized before June 8, 2006. Unless a permit is required due to 
the presence of a protected natural resource other than a high and moderate value inland 
waterfowl and wading bird habitat, an excavation or quany that was authorized pursuant 
to article 6, 7 or 8-A before June 8, 2006 is not required to obtain a permit pursuant to 
this article for excavation within the upland portion of a high and moderate value inland 
waterfowl and wading bird habitat. 
If a permit is required pursuant to this article due to the presence of a protected natural 
resource other than a high and moderate value inland waterfowl and wading bird habitat, 
an excavation or quarry that was authorized pursuant to article 6, 7 or 8-A before June 8, 
2006 is not required to meet standards associated solely with the upland portion of a high 
and moderate value inland waterfowl and wading bird habitat. 
2. Permits not authorized. The department may not issue a permit pursuant to this 
article for an excavation or quarry authorized pursuant to article 6, 7 or 8-A and located 
in, on or over the wetland portion of a high and moderate value inland waterfowl and 
wading bird habitat. 
The department may not issue a permit pursuant to this article for an excavation or quany 
requiring authorization pursuant to article 6, 7 or 8-A after June 8, 2006 and located in the 
upland portion of a high and moderate value waterfowl and wading bird habitat. 
Sec. 2. 38 MRSA §488, sub-§24 is enacted to read: 
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COMMITTEE AMENDMENT "A" to H.P. 1430, L.D. 2046 
24. 
Nonmetallic mining accessory uses and facilities. 
Accessory uses and 
facilities within an excavation or quarry operating under the performance standards in 
article 7 or 8-A are exempt from this article if the performance standards in article 7 or 8-
A or the rules implementing those articles are at a minimum as restrictive as the standards 
imposed under this article. 
For the purposes of this subsection, "accessory uses and 
facilities" means uses and facilities associated with the processing of material pursuant to 
article 7 or 8-A such as screening and the crushing, loading and manufacture of ready-
mix concrete and bituminous concrete and associated products and weight scales, scale 
shacks and maintenance garages. 
This subsection does not apply to a development 
constructed during or after reclamation. 
Sec. 3. 38 MRS A §490-D, sub-§ 1, as amended by PL 2007, c. 290, § 11, is 
further amended to read: 
1. Significant wildlife habitat and other protected areas. Affected land may not 
be located in, on or over a significant wildlife habitat or other type of protected natural 
resource, as defined in section 480-B, or in an area listed pursuant to the Natural Areas 
Program, Title 12, section 544. The department may allow excavation to occur in, on or 
over a significant wildlife habitat or other type of protected natural resource provided a 
permit is obtained pursuant to article 5-A. Permit requirements for certain excavations in, 
on or over high and moderate value inland waterfowl and wading bird habitat are also 
governed by section 480-GG. 
Sec. 4. 38 MRSA §490-D, sub-§5-A, as amended by PL 2007, c. 364, §2, is 
further amended to read: 
5-A. Protected natural resource buffers. A natural buffer strip must be maintained 
between the working edge of an excavation and a river, stream, brook, great pond or 
coastal wetland as defined in section 480-B. 
A natural buffer strip must also be 
maintained between the working edge of an excavation and certain freshwater wetlands 
as defined in section 480-8 and having the characteristics listed in paragraph B. 
Excavation activities conducted within 100 feet of a protected natural resource must 
comply with the applicable permit requirement under article 5-A. 
The width 
requirements for natural buffer strips are as follows. 
A. 
A natural buffer strip at least 100 feet wide must be maintained between the 
working edge of the excavation and the normal high ',vater high-water line of a great 
pond classified as GPA, a river flowing to a great pond classified as GPA or a 
segment of the Kennebec River identified in Title 12, section 403, su bsection 7. 
B. 
A natural buffer strip at least 75 feet wide must be maintained between the 
working edge of the excavation and any other water body, river, stream, brook, 
coastal wetland or significant wildlife habitat contained within a freshwater wetland 
or a freshwater wetland consisting of or containing: 
(1) 
Under normal circumstances, at least 20,000 square feet of aquatic 
vegetation, emergent marsh vegetation or open water, except for artificial ponds 
or impoundments; or 
(2) Peat lands dominated by shrubs, sedges and sphagnum moss. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 1430, L.D. 2046 
For purposes of this subsection, the width of a natural buffer strip is measured from the 
upland edge of floodplain wetlands; if no floodplain wetlands are present, the width of 
the natural buffer strip is measured from the normal high water high-water mark of a 
great pond, river, stream or brook or the upland edge of a freshwater or coastal wetland. 
The department may not grant a variance from allow excavation to occur under this 
subsection as long as a permit is obtained pursuant to article 5-A. An excavation is not 
eligible for a permit by rule under department rules regarding activities adjacent to a 
protected natural resource. 
Sec. 5. 38 MRSA §490-D, sub-§17 is enacted to read: 
17. Lighting. Lighting must be shielded from adjacent highways and residential 
areas. 
Sec. 6. 38 MRSA §490-Z, sub-§l, as amended by PL 2007, c. 290, § 12, is 
further amended to read: 
1. Significant wildlife habitat and other protected areas. Affected land may not 
be located in, on or over a significant wildlife habitat or other type of protected natural 
resource, as defined in section 480-B, or in an area listed pursuant to the Natural Areas 
Program, Title 12, section 544. The department may allow excavation to occur in, on or 
over a significant wildlife habitat or other type of protected natural resource provided a 
permit is obtained pursuant to article 5-A. Permit requirement for certain excavations in, 
on or over high and moderate value inland waterfowl and wading bird habitat are also 
governed by section 480-GG. 
Sec. 7. 38 MRSA §490-Z, sub-§5, as amended by PL 2007, c. 364, §3, is further 
amended to read: 
5. Protected natural resource buffers. A natural buffer strip must be maintained 
between the working edge of an excavation and a river, stream, brook, great pond or 
coastal wetland as defined in section 480-B. 
A natural buffer strip must also be 
maintained between the working edge of an excavation and certain freshwater wetlands 
as defined in section 480-B and have the characteristics listed in paragraph B. 
Excavation activities conducted within 100 feet of a protected natural resource must 
comply with the applicable permit requirements under article 5-A. 
The width 
requirements for natural buffer strips are as follows. 
A. 
A natural buffer strip at least 100 feet wide must be maintained between the 
working edge of the excavation and the normal high water high-water line of a great 
pond classified as GPA, a river flowing to a great pond classified as GPA or a 
segment of the Kennebec River identified in Title 12, section 403, subsection 7. 
B. 
A natural buffer strip at least 75 feet wide must be maintained between the 
working edge of the excavation and a body of water other than as described in 
paragraph A, a river, stream or brook, coastal wetland or significant wildlife habitat 
contained within a freshwater wetland consisting of or containing: 
(I) Under normal circumstances, at least 20,000 square feet of aquatic 
vegetation, emergent marsh vegetation or open water, except for artificial ponds 
or impoundments; or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A " to H.P. 1430, L.D. 2046 
(2) Peat lands dominated by shrubs, sedges and sphagnum moss. 
For purposes of this subsection, the width of a natural buffer strip is measured from the 
upland edge of a floodplain wetland. If no floodplain wetlands are present, the width is 
measured from the normal high ',vater high-water mark of the river, stream or brook. The 
width is measured from the normal high water high-water mark of a great pond and 
upland edge of a freshwater or coastal wetland. 
The department may not grant a variance from allow excavation to occur under this 
subsection as long as a permit is obtained pursuant to article 5-A. A quarry is not eligible 
for a permit by rule under department rules regarding activities adjacent to a protected 
natural resource. 
Sec. 8. 38 MRSA §490-Z, sub-§15 is enacted to read: 
15. 
Lighting. Lighting must be shielded from adjacent highways and residential 
areas. 
Sec. 9. 
Inland waterfowl and wading bird habitat. 
The Department of 
Environmental Protection, referred to in this section as "the department," shall compile all 
current and accurate information on the designation of high and moderate value inland 
waterfowl and wading bird habitat on all licensed or approved excavations and quarries in 
existence prior to June 8, 2006. The department shall convey to all affected operations 
the compiled information with an explanation of the resource values of the inland 
waterfowl and wading bird habitat designated on the property of the affected operation. 
The department shall strongly encourage property owners with licensed or approved, but 
unexcavated, areas within the inland waterfowl and wading bird habitat to consult with 
the Department of Inland Fisheries and Wildlife and the department on: 
1. Management practices that avoid impacts on wading birds and waterfowl during 
nesting season and that maintain or enhance the inland waterfowl and wading bird 
habitat; and 
2. 
Reclamation strategies for each excavated portion of the inland waterfowl and 
wading bird habitat. 
These practices and strategies must be compatible with excavation and quarry 
operations.' 
SUMMARY 
This amendment replaces the bill. The amendment clarifies the Natural Resources 
Protection Act permitting requirements for excavation within high and moderate value 
inland waterfowl and wading bird habitat. 
The amendment exempts from the site 
location of development law accessory uses and facilities within an excavation or quarry 
operating under the performance standards as long as the performance standards are at 
least as restrictive as the standards imposed under the site law. The amendment adds a 
lighting standard to the performance standards for gravel pits and quarries. 
The 
amendment directs the Department of Environmental Protection to compile and share 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A " 
to H.P. 1430, L.D. 2046 
infonnation regarding inland waterfowl and wading bird habitat with gravel pits and 
quarries that were authorized prior to June 8, 2006. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/20108 frac:.. 
Revenue 
LD 2046 
LR 3134(02) 
An Act Concerning Certain Excavations 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
Projections 
2009-10 
Other Special Revenue Funds 
$0 
($2,750) 
($2,750) 
Fiscal Detail and Notes 
Projections 
2010-11 
($2,750) 
This legislation will result in a reduction of dedicated revenue to the Department of Environmental Protection of 
$2,750 annually. This estimate is based on approximately 11 borrow pits per year not having to obtain a Natural 
Resource Protection Act permit and pay the required $250 fee. 
LR3134(02) - Fiscal Note - Page I of I