A. The location of existing wells, streams, springs, intermittent streams and wet areas. The depth of groundwater at the site of the proposed excavation as determined by test borings shall substantiate that groundwater will not be disturbed.

B. Contours of the land within and extending beyond the boundaries of the parcel for 200 feet at five-foot intervals, or at intervals acceptable for a MaineDEP permit application, or at intervals required by the Planning Board for mineral extraction operations of under five acres.

C. The location of all proposed hazardous materials storage areas. Hazardous materials (including equipment fuel, petroleum products, oil, hydraulic fluids, etc.) shall be located in an impervious containment area designed to contain spills and provide for secondary containment.

D. Plans for controlling access to the site. At a minimum, a solid gate with a lock shall be located at any entrances or exits.

E. Provisions for shielding the excavation from surrounding properties with adequate screening or buffering for a visual and acoustical buffer between the project and adjacent properties if a natural buffer does not exist. Signs and lighting shall be designed to prevent public nuisance conditions or undesirable aesthetic effects on the neighborhood.

F. A final rehabilitation plan, including seeding, planting, drainage, erosion control, final grading, shaping, and surface stabilization plans showing contours at five-foot intervals. Plans shall be approved by the Cumberland County Soil and Water Conservation District, a licensed forester, a certified soils scientist or a licensed Maine civil professional engineer. The proposed use of the property at completion of the project shall be described. A time schedule for rehabilitation shall be included. Any project which is proposed to operate for more than five years shall be designed to operate in phases, if possible.

G. Applicable state and/or federal permits shall be required prior to final approval from the Planning Board. For applications requiring site plan review, the Planning Board shall have the authority to review the applicant's technical capacity to comply with state and federal permitting requirements, including those for temporary or permanent drainage and sedimentation control, storage and containment of any materials, noise, vibration levels, and dust levels and measures for minimization.

H. Hours of operation. These shall be compatible with the surrounding neighborhood and shall minimize any adverse impact of the pit operations on adjacent and nearby properties.

A. Solid waste. See § 120-606A for details.
B. Groundwater protection. See § 120-606B for details.
C. Protected natural resources. See § 120-606C for details.
D. Natural buffer strip. See § 120-606D for details.
E. Public and private roads. See § 120-606E for details.
F. Property boundary. See § 120-606F for details.
G. Excavation. See § 120-606G for details.
H. Erosion and sedimentation control. See § 120-606H for details.
I. Water quality protection and stormwater management. See § 120-606I for details.
J. Traffic. See § 120-606J for details.
K. Noise. See § 120-606K for details.
L. Dust. See § 120-606L for details.
M. Blasting. See § 120-606M for details.
For detailed information on each standard, see the "Mineral Extraction Performance Standards" under this "Procedures" section.

Rehabilitation requirements.

A. Specific plans shall be established to avoid hazards from excessive slopes. Where an embankment remains after the completion of operations, it shall be graded at a slope not steeper than one foot vertical to 2.5 feet horizontal.

B. Seeding, planting and loaming, as approved in the rehabilitation plan, shall be accomplished so that exposed areas are stabilized and erosion is minimized. Seeding shall achieve a minimum of 90% establishment of vegetation. Retained topsoil shall be used as loam. These areas shall be guaranteed for 18 months during which time the performance guarantee, where required, shall remain in full force and effect.

C. The Board may require that trees be planted for a visual and acoustical buffer between the project and adjacent properties if a natural buffer does not exist.

D. Tree stumps and grubbings from the site may be used to stabilize the banks. The areas of pits with solid or broken ledge rock shall be trimmed of loose rock and the bottom of the pit graded to be compatible with the surroundings.

E. The pit shall be contoured so that sediment is not directed into streams or drainageways.

F. Grading and restoration shall be completed in such a manner that it will ensure natural drainage, prevent standing water and minimize erosion and sedimentation.

G. Existing pits may expand over five acres without Planning Board approval if the area being worked remains no larger than five acres and all the prior existing area has been rehabilitated in conformance with this section and has been inspected and verified by the Planning Department prior to any expansion.

Permits and inspections.

A. The Code Enforcement Officer shall conduct an annual compliance inspection of all excavations and review and approve all blasting documentation required by the MaineDEP Title 38, Section 490, on an annual basis, including, but not limited to, water quality monitoring and groundwater measurements, individual blast summary reports, annual instrument calibration, and third-party seismograph results. The applicant shall annually perform third-party calibration of all instruments used to document compliance with MaineDEP Title 38, Section 490 (i.e., air blast levels and peak particle velocities). The applicant shall also hire a third party to record seismograph readings during one blast event on an annual basis, to collaborate the seismograph results of the applicant.

B. After initial permit approval by the Planning Board, the applicant shall submit a report to the Planning Department every fifth year, two months prior to the expiration of the permit. The applicant shall demonstrate that the operation is in conformance with the standards found in this section. Aerial photography may be required to demonstrate conformance with these standards. If the expansion is proposed beyond the original plan, the applicant must obtain a new permit from the Planning Board.

C. Change of operator or owner requires application for a new permit from the Planning Department. The new owner or operator shall be required to demonstrate financial and technical capabilities required to operate a mineral extraction operation equal to those required of the original owner.

Performance guarantee requirements.

A. A surety bond issued by a commercial surety company authorized to do business within the State of Maine; or an interest-bearing trust account made payable to the Town of Windham; or a letter of credit, cash, or a certified check payable to the Town of Windham shall be posted by the owner(s) or operator(s) in an amount recommended by the Town Manager or his/her authorized agent, with the advice of the Cumberland County Soil and Water Conservation District and/or a licensed Maine civil engineer, as sufficient to guarantee conformity with the provisions of the permit approval for the rehabilitation of existing mineral extraction operations, new mineral extraction operations, and/or loam-stripping operations. The performance guarantee shall also include the cost to replace any private drinking water supply within 300 feet of the property boundary of the mineral extraction operation or any supply well within an area in which the elevation of the water table will be impacted by the development (i.e., where safe yield and water quality may be impacted).

B. The amount of performance guarantee shall be sufficient to fund the costs of that rehabilitation which remains to be completed. The performance guarantee must remain in force until the Planning Department or designee certifies that the site has been rehabilitated according to the approved plan.

Loam stripping conditions.
The removal of loam, topsoil, or sod from the ground surface may be permitted in any zone and such material may be hauled away to other locations, either in or outside the Town of Windham. If the gross area of such removal exceeds 1/4 acre, the stripping may be done only after public hearing and approval by the Planning Board, subject to appropriate conditions and safeguards, such as but not limited to the following:

A. Operations shall not adversely affect the health and general welfare of the Town.
B. The Planning Board shall require the filing of a development plan and the posting of a performance guarantee in an amount set by the Town but not less than $500 per acre.

See Article 6: Mineral Extraction for detailed information.
Refer to the Code Enforcement Department's MyGov Portal to apply.