Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 378 - VARIANCE CRITERIA FOR THE EXCAVATION OF ROCK, BORROW, TOPSOIL, CLAY OR SILT AND PERFORMANCE STANDARDS FOR THE STORAGE OF PETROLEUM PRODUCTS › Section 096-378-3 - Submissions

Current through 2024-29, July 17, 2024
This section outlines submission requirements related to the
				  variance approval standards described in Section
				  2, above.
A.
Separation of less than five feet
				from seasonal high water table.
If any part of the excavation is to be
				less than five feet from the seasonal high water table, the following
				submissions are required.
(1) A plan of the
				site showing the locations of test pits, borings, monitoring wells, seismic
				lines, or other subsurface investigations undertaken to establish the elevation
				of the seasonal high water table. If these investigations have intercepted the
				seasonal high water table, or otherwise provide evidence of its location, the
				plan must show the elevations of the seasonal high water table at those points.
				The contours of the seasonal high water table must be shown throughout the
				areas in which excavation is proposed to be less than five feet from the
				seasonal high water table.
(2) Logs
				and other supporting documentation of the subsurface investigations conducted
				to establish the elevation of the seasonal high water table.
(3) A plan for regular monitoring of water
				table elevations at representative locations within the excavation and in the
				immediate vicinity, and regular reporting of data to the department, at
				intervals to be determined by the department. During each year of pit
				operation, water table elevations must be monitored biweekly during April, May,
				and June, and once in September, December, and March. At least one year of
				background water level data must be obtained from these wells prior to any
				excavation to within less than five feet of the seasonal high water
				table.
(4) The department reserves
				the right to require more or less frequent monitoring of water table elevations
				if, in the opinion of the department, such monitoring is necessary to evaluate
				the impact of the excavation on water supply wells or protected natural
				resources. Cases in which more or less monitoring might be required include the
				following:
(a) The department may, at its
				discretion, require less frequent monitoring of water table elevation if it
				determines that a statistical analysis of the data shows no evidence of
				unanticipated changes in water table elevation.
(b) The department may require resumption of
				the original frequency, or substitute another frequency, in the event of
				evidence of declining water quality in areas impacted by the excavation or
				changes in water table elevation not anticipated in the study submitted to meet
				the requirements of this variance.
(c) The use of pre-existing data shall be
				subject to approval by the department The applicant shall discuss the manner
				and time in which the data were acquired, the analytical or investigative
				methods used and any other factors relevant to the quality and applicability of
				the data.