Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 412 - SACO RIVER CORRIDOR COMMISSION › Chapter 106 - PERFORMANCE STANDARDS GOVERNING SAND, GRAVEL, OR TOPSOIL EXCAVATION AND OTHER MINERAL EXPLORATION AND EXTRACTION ACTIVITIES WITHIN THE SACO RIVER CORRIDOR › Section 412-106-3 - Criteria for Approving Mineral Exploration and/or Extraction activities within the Corridor

Current through 2024-29, July 17, 2024
A. Mineral
				exploration to determine the nature or extent of mineral resources shall be
				accomplished by hand sampling, test boring, or other methods which create
				minimal disturbance of less than 100 square feet of ground surface. A permit
				from the Commission shall be required for mineral exploration which exceeds the
				above limitation. All excavation, including test pits and holes shall be
				immediately capped, filled, or secured by other equally effective measures, so
				as to restore disturbed areas and to protect the public health and
				safety.
B. Mineral extraction may
				be allowed by permit upon a showing by the applicant that the proposed use will
				meet all requirements for granting permits and will not unreasonably interfere
				with the use and enjoyment of their property by adjacent landowners or
				unreasonably result in any of the factors enumerated in Section 959-A.1. A.-K.
				of the Act, and upon the following conditions:
(1) Any reclamation plan shall be filed with,
				and approved by the Commission before a permit is granted. Such plan shall
				describe detail procedures to be undertaken to fulfill the requirements of
				paragraph 4 below.
(2) No part of
				any extraction operation, including drainage and runoff control features shall
				be permitted within 100 feet of the normal or mean high water line of the Saco,
				Ossipee, or Little Ossipee Rivers, or within seventy-five (75) feet of the
				normal or mean high water line of any other water body, tributary stream, or
				wetland within the Corridor. In addition, extraction operations shall not be
				permitted within seventy-five (75) feet of any property line, without written
				permission of the owner of such adjacent property.
(3) Mineral extraction activities shall be
				screened from the river, from adjacent properties and from public roads by
				existing vegetation. The applicant may be required to submit a professionally
				prepared visual impact study. If existing natural vegetation is insufficient to
				provide appropriate screening, then the applicant shall submit a planting and
				screening plan to demonstrate how any visual impacts will be
				mitigated.
(4) Within six (6)
				months following the completion of extraction operations at any extraction
				site, which operations shall be deemed complete when less than 100 cubic yards
				of materials are removed in any consecutive twelve (12) month period, ground
				levels and grades shall be established in accordance with the following:
(a) All debris, stumps, and similar material
				shall be removed for disposal in an approved location, or shall be buried
				on-site. Only materials generated on-site may be buried or covered on-site.
NOTE: The State of Maine Solid Waste Laws, Title 38 M.R.S.A.
				  Section1310 and Chapter 404 of the Department of Environmental Protection's
				  regulations may contain other applicable provisions regarding disposal of such
				  materials
(b) The final
				graded slope shall be two and one half to one (2.5:1) slope or
				flatter.
(c) Top soil or loam shall
				be retained to cover all disturbed land areas, which shall be reseeded and
				stabilized with vegetation native to the area. Additional topsoil or loam shall
				be obtained from off-site sources if necessary to complete the stabilization
				project.