974 CMR 4.07 - Earth Removal
(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.
(13) The removal of soil, loam, sand, gravel
or any other mineral substances within four feet of the high groundwater table
elevation (as determined by test pits, monitoring wells, or other methods
acceptable to the DEC) is not permitted, unless the substances removed are
re-deposited within 45 days of removal on-site to achieve a final grading
greater than four feet above the seasonal high water mark, except for
excavations for the construction of building foundations or the installation of
utility works, or wetland restoration work conducted in accordance with a valid
Order of Conditions issued pursuant to M.G.L. c. 131, ยง 40.
Notes
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No prior version found.