Any earth materials operation requiring a permit under this
chapter shall be conducted in compliance with the following regulations,
in addition to any more restrictive stipulations contained in any
approved permit:
A. Location of operation. The permit area and work area shall be field
delineated before excavation or deposition commences. No excavation,
deposition, processing, or other disturbance of preexisting ground
cover shall occur on the premises outside the permit area. The permit
area shall be worked in conformance with the approved plans and this
chapter.
B. Size of operation. At no time during any permit year shall more than one contiguous area (herein called the "work area") be disturbed for excavation or fill within the permit area and said area shall not exceed three acres. The remainder of the premises, including the permit area, shall, except for the storage area and access routes, be either undisturbed land or shall be graded to the proposed final contours and elevations, and be otherwise restored, seasonal planting factors considered, pursuant to approved plans and the provisions of §
75-11 herein. If, at any time during the permit period, more than one area on the premises is disturbed, or the entire premises, including the permit area, with the exception of a three-acre contiguous excavation area, does not meet existing or proposed final contours, or is not properly regraded and reseeded in accordance with §
75-11 herein, the permit shall be revoked unless the premises are so restored within 30 days of notice to the permittee. Revocation shall have the effect of requiring complete restoration of the entire premises in accordance with §
75-11 within 90 days thereafter.
C. Depth above ledge. No excavation shall be made lower than three feet above ledge, or such greater distance above ledge as may be required to permit the regrading site to meet the proposed final contours at slopes not exceeding the maximum provided in §
75-11A.
D. Relationship of work area to existing features. No excavation or
fill shall be made within 200 feet of any river, stream or other watercourse,
or which would reduce the final elevation below the floodplain or
reduce the area of the floodplain, without specific prior approval
of the Board, which shall be given only when, by proper analysis,
it is determined that no pollution or silting of existing watercourses,
or increased flood or erosion hazards, or other effect on water supply
or purity, will result, and proper approvals have been obtained from
all appropriate governmental organizations. No excavation shall be
made below the grade of any abutting highway within 150 feet thereof,
unless approved by the Board, or below the grade of any adjoining
property at the property line within 25 feet thereof, or within 150
feet of any dwelling existing at the date the permit is issued, provided
that, with the written approval of the abutting owner of private property
or of the owner of the dwelling to be affected filed with the Board,
such excavation may be made below the grade of such abutting property
or closer than 150 feet to a dwelling to the extent approved by the
Board.
E. Slopes during excavation. Notwithstanding Subsection
D, no slopes having a grade greater than one foot vertical to two feet horizontal shall be created during excavation within 150 feet of any property or street line unless the operator shall demonstrate to the reasonable satisfaction of the Board that material to regrade the slope in accordance with §
75-11A is available on the premises and the slope is so regraded within 60 days after excavation of the slope is commenced. In no event shall slopes having a grade greater than one foot vertical to one foot horizontal be created.
F. Reuse and development. The excavation and grading shall not result
in sharp declivities, pits or depressions or cause soil erosion, drainage
or sewerage problems or conditions which would impair the reasonable
reuse and development of the premises.
G. Runoff and erosion controls. At all stages of the work, proper drainage
shall be provided to avoid stagnant water, erosion, excessive runoff,
silting of streams and damage to public or private property, streams,
roads, or drainage facilities.
H. Equipment. No equipment directly or indirectly engaged in the excavation,
processing or transporting of earth materials shall be operated on
the premises other than that listed in the application for a permit
and approved by the Board. No vehicles or equipment not used in connection
with the work covered by the permit shall be operated, parked, repaired
or serviced within the permit area. No processing machinery not in
place on the effective date of this chapter shall be erected, maintained
or operated within 300 feet of any property or street line. Such machinery
shall be used only to process material from the permit area, and it
and all foundations for such machinery shall be removed from the premises
upon termination of the permit.
I. Time of operation. No equipment, processing plant or vehicles directly
or indirectly engaged in the excavation, processing or transportation
of earth materials shall be operated, repaired, or serviced on the
premises earlier than 10:00 a.m. nor later than 3:00 p.m., Monday
through Friday. All such operations on Saturdays, Sundays and legal
holidays are prohibited.
J. Tree protection. All trees outside the work area, as defined in Subsection
B above, shall be protected from damage. Measures shall be taken by the permittee to ensure that the boundaries of the work area are maintained for the duration of the permit.
K. Pollution controls. Adequate provision shall be made for the muffling
of sound and vibration and the prevention or dissemination of dust,
including the treatment of all on-premises access routes with calcium
chloride or similar material (provisions to be made to prevent the
runoff of such chemicals).
L. Warning signs. Adequate provisions shall be made for warning signs
as may be necessary or required, all subject to the approval of the
Board, which may also require the permittee to install permanent guard
fencing where needed for public safety.
M. Stockpile of arable soil. Sufficient arable soil (and topsoil) should
be retained on the site for restoration as shown on the approved plans.
N. Depth to water table. No excavation shall be made below the normal groundwater table, nor soil contours changed, which results in a lake or pond or drainage ditch, unless, prior to initiating excavation, the owner of the premises submits the documents required under §
75-6D, and the plan presented is expressly approved by the Board and, if necessary, by the Inland Wetlands Agency.
O. Outside material. No earth materials from outside the premises shall
be brought into the permit area strictly for processing and subsequent
removal.
P. Securing loads. It shall be the responsibility of the permit holder
to ensure that vehicles removing earth materials from the premises
are so loaded and/or secured that there will be no spillage of such
materials within the Town of Bethlehem. Any permittee under a permit
granted under the terms of this chapter or any person acting for or
under him who shall cause damage to any road or roads, whether private
or public, within the Town of Bethlehem shall be liable for the cost
of repairing said damage.
Q. Inspection. The Board or its agents shall at all times have reasonable
access to premises on which work is being performed for the purpose
of inspection and determination of compliance with this chapter. Each
permittee and owner, by his agreement in the application to this chapter,
shall be deemed to have granted such reasonable rights of access to
the Board or its agents for this inspection purpose.
Within 90 days (excluding from said period the months of November,
December, January, February, and March) of the completion of the work
authorized or the expiration or revocation of the permit, whether
initial or renewed, the area of excavation, deposition or disturbed
ground shall be restored as follows:
A. Finished slopes. The area shall be refilled, if necessary, with clean,
nonburnable fill containing no garbage, refuse or other deleterious
or unwholesome matter and evenly regraded to the final contours and
elevations shown in the approved plans with slopes not in excess of
one foot vertical in two feet horizontal or to such a lesser slope
necessary for soil stability, safety or reasonable reuse and development
of the land but yet with sufficient grade to ensure adequate drainage.
B. Drainage swales. Adequate drainage swales of gradual contour shall
be provided as needed as shown on the approved plans.
C. Debris removal. All loose boulders of less than 10 cubic yards shall
be buried or removed from the site. All other material, including
stumps and other wood debris, shall be removed from the site and disposed
in a lawful manner.
D. Vegetation restoration. A layer of topsoil, substantially free of
stones, meeting the standards set forth in Section M.13 of Connecticut
Department of Transportation Standard Specifications for Roads, Bridges
and Incidental Construction (CTDOT Form 818 and subsequent versions),
shall be spread evenly over the entire area to a minimum depth of
six inches, noncompressed and then fertilized, limed and seeded with
a perennial grass/ground cover and maintained until the ground shall
be stabilized with a dense cover in accordance with the provisions
hereunder specified and there exists no danger of erosion as determined
by the Board. Restoration stipulations are:
(1) The amount of fertilizer and lime to be applied shall be determined
by a soil test prepared and/or approved by the University of Connecticut,
the Connecticut Agricultural Experiment Station, or another accredited
soil testing laboratory approved by the Board.
(2) Grass/ground cover shall be installed in accordance with the standards
set forth in CTDOT Form 818.
(3) The grass/ground cover mix shall conform to recommendations for permanent
seeding in Section 5.3 of the CTDEEP 2002 Guidelines and shall be
applied at a rate of 55 pounds per acre.
(4) Seeding shall be performed in accordance with Section 9.50 of CTDOT
Form 818.
(5) Seedling trees shall be planted wherever trees have been removed
and shall be limited to one or more of the following species: Norway
spruce (Picea abies), white pine (Pinus strobus), or larch (Larix
decidua) or other species approved by the Board.
(6) Seedling trees, minimum of 12 inches in height measured from tip
to soil line, shall be planted during the time from April 1 to May
15 and shall be spaced no closer than 12 feet nor further apart than
20 feet measured from center. Both grass/ground cover and trees shall
be planted during the same season. The Board may require larger trees
to be planted in areas where a vegetative buffer adjacent to residential
properties would be needed.
(7) If the seeding or planting fails in whole or in part, the area shall
be reseeded, replanted and remulched until all eroded or uncovered
areas have been reseeded and repaired to the satisfaction of the Board.
(8) The Board may waive the requirements of this provision with respect
to any area which shall be restored and stabilized in any other manner
in conformance with the standards of the USDA Natural Resources Conservation
Service and approved in writing by the Board.
E. Stockpile maintenance. All arable soil set aside in accordance with §
75-10M for a period of more than 30 days shall be seeded with annual ryegrass.
F. Restoration adjacent to water bodies. Areas shown as existing or
proposed water bodies on the approved plans shall be considered restored
when and to the extent that they have been excavated to the approved
depth and all shorelines, other than those remaining within the work
area, have been regraded to a slope not exceeding one foot vertical
and two feet horizontal and have been stabilized to the satisfaction
of the Board.
The failure of a permit holder, without the prior written approval
of the Board, to actively work the area covered by the permit for
a period of six months (excluding the months of November, December,
January, February and March) shall be prima facie evidence that the
work authorized by the permit has been completed, and the burden shall
be upon the permit holder to prove to the contrary. Any failure to
initiate restoration within the ninety-day period following completion,
expiration or revocation of the permit, such as to reasonably assure
complete restoration by the end of said ninety-day period (seasonal
planting excepted), shall be a separate violation of this chapter.
Upon completion of the work authorized by a permit and the restoration of the premises pursuant to §§
75-10 and
75-11, the permit holder may file with the Board an application for a return of the bond filed, together with a written statement from the Tax Collector of the Town of Bethlehem certifying that all taxes levied against the premises and the machinery, equipment and vehicles used or located thereon and assessable in the Town of Bethlehem have been paid in full. If the Board is satisfied that the work and restoration have been completed as required by the permit and this chapter, the bond shall be returned to the permit holder, but otherwise the bond shall remain in full force and effect.