An Act Concerning Certain Ex£aVaDolIS
Maine Legislature, Session 123, LD 2046
Committee: Natural Resources
Sponsors: FLOOD, RA YE, GILES, SA VIELLO
Amends: 38 MRSA §480-Q, 38 MRSA §490-D

Legislative Document 
No. 2046 
H.P.1430 
House of Representatives, December 21, 2007 
An Act Concerning Certain Ex£aVaDolIS 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 19, 2007. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative FLOOD of Winthrop. 
Cosponsored by Senator RA YE of Washington and 
Representatives: GILES of Belfast, SA VIELLO of Wilton. 
Printed nn recycled paper 
/ll~1??7l/~ 
Mll.LICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §480-Q, sub-§25, as.amended by PL 2005, c. 330, §15, is 
further amended to read: 
25. Existing agricultural fields and pastures. Maintenance, but not enlargement, 
of agricultural fields and pastures m .existence on September 1, 2002 that are adjacent to a 
river, stream or brook not regulated by a municipality under chapter 3, subchapter 1, 
article 2-B; iHl1i 
Sec. 2. 38 MRS A §480-Q, sub-§26, as enacted by PL 2005, c. 330, § 16, is 
mnended to read: 
26. Overboard W1lstewater system. Installation, maintenance or removal of a 
ljcensed overboard discharge treatment system, including the outfall pipe, if: 
A. 
Erosion :control measures are taken 10 prevent sedinu:ntation of the water; 
B. 
Effects of construction activity on the protected natural resource are minimized; 
and 
C. 
The activity is approved by the department as provided in the department's rules 
concerning overboard discharges adopted pursuant to section 414-A7; am! 
Sec. 3. 38 MRSA §480-Q, sub-§27 is enacted to read: 
27. Certain 'mining excavations within high-value JlDd moderate-value inland 
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wading and waterfowl habitat. A mining excavation for borrow. clay, topsoil, silt or 
rock that is locat.ed within high-value or moderate-value inland wading and waterfowl 
habitat and was .JlUthorized under Article 6, 7 or 8-A on or before June 8, 2006. For 
purposes of this subsection, "excavation" iJoes not include expansion beyond the area 
authorized on orhefor:e June 8, 2006. 
Sec. 4. 38 MRSA §490-D, BIlb-§5-A, as amended by PL 2007, c. 364, §2, is 
further amended to read: 
.5-A. Prntedied JUltuntJ resources. 
A natural buffer strip must be maintained 
between the working edge of an excavation and fl 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 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 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. 
Page I - J23LR3J34(OJ)-J 
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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: 
(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 
(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 floodplain wetlands; if no floodplain wetlands are present, the width of 
I I 
the natural buffer strip is measured from the normal 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 varianee from this sl:Ibseetiofi allow excavation to occur 
under this subsection provided a permit is obtained pursuant to article 5-A. 
SUMMARY 
The bill clarifies that new protections to waterfowl wading habitat apply to new 
excavations and do not apply to gravel pits and quarries authorized by the Department of 
Environmental Protection prior to June 8,2006. 
The bill also amends the performance standards for gravel pits and quarries to clarify 
that the department may allow excavation if a permit has been obtained under the Natural 
Resources Protection Act. 
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