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

Universal Citation: 974 MA Code of Regs 974.4

Current through Register 1531, September 27, 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.

(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, § 40.

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