Terms Used In Maine Revised Statutes Title 38 Sec. 490-N

  • clay: means a material that consists of particles of such a size that 45% or more of the fraction of those particles able to pass through a 3-inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization or runoff based upon its gradation, plasticity, permeability or other relevant criteria. See Maine Revised Statutes Title 38 Sec. 490-A
  • Excavation: means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. See Maine Revised Statutes Title 38 Sec. 490-A
  • operator: means the owner or operator of an excavation. See Maine Revised Statutes Title 38 Sec. 490-A
  • Reclamation: means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. See Maine Revised Statutes Title 38 Sec. 490-A
  • Topsoil: means the top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils. See Maine Revised Statutes Title 38 Sec. 490-A
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
The department may grant a release from the requirements of this article to the owner or operator or a transferee after reclamation of the affected area as determined by the department. The department shall inspect the site before making this determination. The release will terminate if any further excavation on the parcel for borrow, clay, topsoil or silt is proposed by the owner or operator or a transferee. A person proposing further excavation on the parcel must file a notice of intent to comply pursuant to section 490?C and comply with all requirements of this article. Payment of the annual fee under section 490?J will resume in the year when the further excavation begins. [PL 2005, c. 158, §8 (NEW).]
SECTION HISTORY

PL 2005, c. 158, §8 (NEW).