Code of Massachusetts Regulations › 974 CMR - DEVENS ENTERPRISE COMMISSION › Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations › Section 4.07 - Earth Removal

Current through Register 1525, July 5, 2024
(1) Removal of
			 earth shall be performed only incidentally to an approved site plan, approved
			 subdivision plan, or other approval from the DEC.
(2) Prior to commencement of excavation,
			 Applicant shall demonstrate, to the satisfaction of DEC staff, compliance with
Devens Soil Management Policy and Devens UXO Protocol and
			 Procedures
, revised August 2006.
(3) Material associated with the lawful
			 construction of a building, structure, street or driveway, way, sidewalk, path
			 utilities, or other appurtenance incidental to any building, structure or
			 street shall not be removed from Devens without the prior approval of the DEC.
			 Any Applicant requesting removal of material from Devens shall provide the
			 following information to the DEC: the proposed volume of material being
			 removed, hours and days of removal, operation, duration, volume of trucks,
			 transportation routes, dust control, sedimentation and erosion controls, and
			 restoration measures to be taken, and any additional information the DEC may
			 require.
(4) Earth removal not
			 associated with the lawful construction of a building, structure, street or
			 driveway, way, sidewalk, path, utilities, or other appurtenance incidental to
			 any building, structure or street shall not be permitted within 200' of any
			 Resource Area.
(5) All original
			 topsoil shall be stockpiled on the site and spread on the final slopes. No
			 original topsoil, including loam, may be removed from the site unless written
			 permission is given by the Director.
(6) Hours of earth removal shall be limited
			 and no work shall take place prior to 7:00 A.M., after 7:00 P.M., or on Sundays
			 or Federal and State holidays.
(7)
			 All structures and processing equipment shall be set back a minimum of 1000
			 feet from a building which either existed or for which a building permit has
			 been issued at the time the earth removal is commenced and a minimum of 250
			 feet from all lot lines.
(8) The
			 operation shall comply with all applicable Federal and State air pollution
			 control laws and regulations. Dust shall be controlled so that there are no
			 visible emissions or deposits present at the property boundary.
(9) The disposition of boulders, tree stumps,
			 and unsuitable materials shall be shown on the applicable plans.
(10) Erosion, siltation, and dust shall be
			 controlled during earth removal through measures including temporary slope
			 stabilization, installation of ground covers, seeding if required by the
			 Director, and street sweeping of adjacent public and private ways.
(11) Devices to muffle equipment noise,
			 landscape earth berms, screen planting, decorative screen walls or other
			 barriers or devices shall be installed as necessary to achieve compliance with
			 Devens Industrial Performance Standards.
(12)
Reclamation Standards for
			 Earth Removal
. Within three months after the completion of the
			 work, the Applicant shall restore the area affected; said area shall be covered
			 with vegetation suitable to prevent erosion and with soils suitable to sustain
			 such vegetation, except for exposed rock ledge.
(a) No area shall be left in such a condition
			 that erosion of the area after completion of the work may result in water
			 pollution by silt or other deleterious substances.
(b) The area shall be left in such shape and
			 condition that material will not wash, block or obstruct drainage
			 ways.
(c) Unless the area is
			 intended to serve as an approved pond for recreation or other purposes, the
			 area shall be left as free draining as practicable.
(d) The topography of the land shall be left
			 so that water draining from the site leaves the property at the original,
			 natural drainage points and in the natural proportions of flow.
(e) Unless otherwise allowed in writing by
			 the Director, all disturbed areas not developed shall be spread with original
			 topsoil or strippings, if any, to a minimum four-inch depth, and reseeded.
			 Trees shall be planted in compliance with
			 974 CMR
			 3.00:
Site Plan
.