A. 
Mineral extraction activities shall conform to all applicable state laws and local ordinances or regulations.
B. 
The owner and/or operator of a mineral extraction activity shall be responsible, both jointly and severally, for ensuring the maintenance of all infrastructures, structures and their sites.
C. 
Mineral extraction activities in the shoreland zone shall be in accordance with Chapter 166, Shoreland Zoning, or this chapter, whichever is stricter.
D. 
The Planning Board shall consider the financial and technical ability of the applicant to complete all proposed activities in approval of this permit. The Planning Board may deny, modify, or revoke its approval if the applicant or agent is not in compliance with other Town or state permits for mineral extraction activity.
E. 
In all cases, the applicant shall have the burden of proof that all requirements, standards, and conditions of this chapter and subsequent approval are met.
[Amended 6-13-2026]
A. 
Erosion and sedimentation control and stormwater management.
(1) 
All projects.
(a) 
Sediment may not leave the parcel or enter a protected natural resource.
(b) 
Topsoil stockpile must be stabilized and inspected as specified in § 114-16B(1).
(2) 
Internally drained projects.
(a) 
Land shall be restored and stabilized according to the reclamation plan.
(3) 
Externally drained projects. Waivers may be applied for; if a waiver is approved, the following applies:
(a) 
If surface water flows out of and away from the proposed site during and after the site is excavated, the following should be provided to assure proper erosion control and prevent siltation of downstream waters. Temporary erosion control measures shall be included in the project design, such as hay bale barriers, silt fencing, and riprap and other approved control measures. Plans shall show the location and installation details, to include a description of the timing of installation, inspection and maintenance of erosion control measures.
(b) 
Additional information, including:
[1] 
A plan and narrative detailing specific erosion control measures; and
[2] 
A site plan showing the preconstruction and post-construction contours and, if applicable, phased contours. The plan must show on- and off-site watershed boundaries and hydrologic surface water flow lines.
(c) 
Sedimentation pond location and design, if any, shall be designed to the twenty-five-year storm event and based on the USDA Natural Resources Conservation Service methodology contained in TR-55. The location and construction details of the pond shall be shown on the site plans.
B. 
Reclamation plan. The affected land must be restored to a condition or physical state that is both similar to and compatible with that which existed prior to any development, or encourages the productive use of the land. A reclamation plan is required for all activities, according to the following specifications:
(1) 
Soil stockpiling. Soil which is stripped or removed must be stockpiled for use in reclaiming disturbed land, unless it is demonstrated to the Planning Board that it is not needed for reclamation purposes. Soil stockpiles must be seeded, mulched, or otherwise stabilized. At least four inches of any previously stripped topsoil will be used for final cover.
(2) 
Regrading. Upon completion of the excavation, the side slopes must be regraded to a slope no steeper than 2.5 horizontal to one vertical, except that a steeper slope may be allowed if a slope stability analysis is submitted showing that there will be no major failure or sloughing of slopes.
(3) 
Vegetative cover. Vegetative cover must be established on all affected land. Topsoil must be placed, seeded, and mulched within 30 days of final grading.
(a) 
Vegetative material used in reclamation must consist of grasses, legumes, herbaceous, or woody plants or a mixture thereof. Plant material must be planted during the first growing season following the reclamation phase. Selection and use of vegetative cover must take into account soil and site characteristics such as drainage, pH, nutrient availability, and climate.
(b) 
The vegetative cover is acceptable if within one growing season of seeding:
[1] 
The planting of trees and shrubs results in a permanent stand, or regeneration and succession rate, sufficient to assure a 50% survival rate; and
[2] 
The planting results in 90% ground coverage.
(4) 
Structures and roads. All structures and access, haul, or other support roads must be reclaimed once no longer used, unless reserved for future productive use of the land, as described in the reclamation plan.
(5) 
Phased reclamation. The site must be reclaimed in phases so that:
(a) 
The working pit does not exceed three acres at any time.
(b) 
For guidance in planning and implementation of reclamation, see the Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices (March 2003), Section I-1, Pit Reclamation.
(6) 
Note: Any inactive area may be considered for tax-assessing purposes as active if the area has not been reclaimed according to the standards of this chapter. Currently, reclaimed land has a lower assessed value.
C. 
Petroleum usage.
(1) 
Spill prevention, control, and countermeasures are applicable to all size projects.
(2) 
Petroleum products storage.
(a) 
If any petroleum products or other materials with potential to contaminate groundwater are to be stored on the site, a spill prevention control and countermeasures (SPCC) plan shall be submitted. An SPCC plan should be developed in accordance with DEP regulations, Section 5A of Chapter 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and Performance Standards for the Storage of Petroleum Products (CMR 378), and shall be submitted with the application and kept with the permit in the Town's records.
(b) 
Any petroleum products, highly flammable or explosive liquids, solids or gasses to be stored on-site shall be located in bulk, aboveground, anchored tanks or containers having a roofed, secondary containment system adequate to contain 110% of the full contents of such container for control of spills and leaks, and must be located at least 75 feet from any lot line, Town road or interior road.
(c) 
The use of underground tanks is strictly prohibited.
(3) 
Machinery maintenance.
(a) 
Crankcase oil, hydraulic fluids, and similar products shall be properly disposed of per state requirements.
(b) 
Routine maintenance operations, such as refueling or oil changes, may be allowed for fixed equipment such as screeners, crushers and wash facilities, if allowed in the district the operation will be located in, provided that a secondary containment system, in accordance with the SPCC plan, adequate to contain 110% of the full contents of said equipment is installed.
(4) 
Any discharge or leak of petroleum product over a gallon shall be immediately reported to the Code Enforcement Officer and the Department of Environmental Protection. All discharges or leaks of any size shall be cleaned up promptly according to best management practices.
D. 
Buffers and setbacks. Buffers and setbacks shall be shown on the site plans as follows:
(1) 
Property boundaries. To minimize visual impacts and provide for wildlife, a seventy-five-foot buffer shall be maintained from property boundaries. This buffer may be reduced to 25 feet with written permission of an abutting landowner, provided:
(a) 
Written permission is obtained from the abutter and recorded at the registry of deeds; and
(b) 
Erosion and stormwater control standards on both properties are met.
(c) 
The Planning Board must approve requests for reduced setbacks.
(2) 
Existing structures. A 300-foot buffer from the closest edge of an existing residence or business, or farm building used for livestock, shall be maintained with all projects. This buffer may be reduced with written permission of the owner of the structure, provided:
(a) 
Written permission is obtained from the abutter and recorded at the registry of deeds; and
(b) 
Erosion and stormwater control standards on both properties are met.
(c) 
The Planning Board must approve requests for reduced setbacks.
(3) 
Protected natural resources. Unless covered in § 114-16D(1) and (2) above, the following shall apply:
(a) 
Unless authorized pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, no part of any extraction operation, including drainage and runoff control features, shall be permitted within 100 feet of the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and within 75 feet of the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland. Extraction operations shall not be permitted within 75 feet of any property line without written permission of the owner of such adjacent property.
(4) 
Public roads. A 150-foot buffer from the closest edge of the shoulder of a public road shall be maintained with all projects. A fifty-foot-wide, undisturbed, natural-vegetated area closest to the road shall be maintained within the buffer, except for any access road entrance.
E. 
Road design, circulation and traffic.
(1) 
Access and egress roads.
(a) 
Activity site shall be limited to two access/egress points.
(b) 
Any entrances and roads shall conform to the standards set forth in Chapter 153, Roads and Driveways, and meet any additional requirements set forth in this chapter or as required by Town of Wales Road Commissioner, his/her designee, or the Maine Department of Transportation.
(c) 
Access/egress road(s) leading to or from the extraction site to paved public ways shall be treated with suitable materials to reduce dust and mud and paved or otherwise hard-surfaced for a distance of at least 200 feet from the paved public road.
(2) 
Traffic impacts to be considered:
(a) 
Where activity site traffic proposes to use Town-maintained roads, the activity scope must be suitable and appropriate to the projected daily traffic impacts as determined by the Wales Road Commissioner.
(b) 
The road giving access to the mineral extraction activity and neighboring roads which can be expected to carry traffic to and from the mineral extraction activity shall:
[1] 
Have sufficient traffic-carrying capacity as determined by the Road Commissioner; and
[2] 
Have adequate base and pavement to support the loads generated by activity.
(c) 
If roads are found to be inadequate, the applicant may be required to improve the road to accommodate the amount and types of traffic generated by the proposed activity. In making this determination, the following should be considered:
[1] 
No activity shall increase the volume to capacity ratio of any Town road above 80% (this is an application requirement) nor reduce the road's level of service to "D" or below.
[2] 
Improvements shall comply with Chapter 153, Roads and Driveways. The Town may require an engineering impact study or road condition survey at the expense of the applicant.
(3) 
Routing. Routing of traffic to and from the activity shall safeguard against hazards to pedestrians and avoid traffic congestion or adverse impacts to Town roads.
F. 
Groundwater impacts:
(1) 
Assessment submitted. The activity will not cause an adverse impact to groundwater quality and quantity.
(2) 
Groundwater buffer. To provide an adequate buffer for groundwater and allow for filtration of impurities from infiltrated water in time for proper cleanup of spills, extraction shall not be any closer than five feet above the maximum seasonal high-water level, as documented in the application. The Town may require, at the applicant's expense, installation of known bench mark(s) and monitoring of groundwater levels and quality to assure there are no adverse impacts to any water supplies or wells off-site.
(3) 
Water supply buffer. A 300-foot separation must be maintained between the limit of excavation and any predevelopment private drinking water supply. A 1,000-foot separation must be maintained between the limit of excavation and any well or spring which qualifies as a public drinking water supply. The Town may require larger buffers from water supplies if it finds that a hazard is shown to exist due to the activity.
(4) 
Water use. An activity must not withdraw more than 5,000 gallons of groundwater per day, unless a hydrogeologic study, provided by the applicant, showing that the source is sustainable is submitted by a geologist licensed in the state of Maine.
(5) 
Standards for acceptable groundwater impacts.
(a) 
Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).
(b) 
No mineral extraction activity shall increase any contaminant concentration in the groundwater to more than 1/2 of the Federal Primary Drinking Water Standards at the property boundary. No mineral extraction activity shall increase any contaminant concentration in the groundwater to more than the Federal Secondary Drinking Water Standards at the property boundary.
(c) 
If groundwater contains contaminants in excess of the primary standards and the activity is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated, if necessary.
G. 
Preservation of natural and historic features. The scenic, historic or environmentally sensitive areas or any areas identified in the Comprehensive Plan or by the Maine Natural Areas Program as rare and exemplary areas shall be preserved.
H. 
Sanitary standards.
(1) 
Sewage disposal. All water-carried sewage shall be disposed of by sewage systems meeting the requirements of the State of Maine Plumbing Code.
(2) 
Solid waste disposal. No solid waste, including stumps and grubbings, shall be placed stored or disposed of in the activity site unless it meets the requirements of the rules and regulations of the Maine Department of Environmental Protection. The storage, collection and disposal of refuse at the activity site shall not create health hazards, rodent or insect breeding areas, accident or fire hazards, air pollution, or surface water or groundwater pollution.
I. 
Signs. Any signs must comply with the standards of other applicable ordinances.
J. 
Noise. The applicant shall demonstrate that noise from the operation does not exceed 75 dBA at the property line, except for emergency or safety equipment such as backup beepers. Normal operation times shall be specified so as not to constitute a nuisance to residents in the area, including but not limited to daily starting and ending times, and operations on weekends.
K. 
Hours of operation. The hours of operation for any and all activities shall not be earlier than 7:00 a.m. and not later than 7:00 p.m., Monday through Saturday. Depending on the location of the site, the hours of operation may be revised by the Planning Board.
Because of the intensity of the type of operation, in addition to the performance listed in § 114-16 of this chapter, rock mining operations shall conform to the following:
A. 
The maximum limit of material that may be extracted per year is 5,000 cubic yards.
B. 
There shall be a maximum of two acres of open operation at any time, regardless of the size of the project. A surveyed profile of the material on-site to be excavated must be developed and submitted with the permit application and the amount extracted per year confirmed by the annual inspection of the CEO.
(1) 
The area must be reclaimed before next two acres can be started.
(2) 
Excavation may be done in one-acre or other increments to ensure continuity of operation.
C. 
Excavation shall be no deeper than six feet below grade. It shall be necessary to establish the bench mark grade level prior to the granting of the permit. Rock mining operations shall be exempt from the maximum seasonal high-water level required by § 114-16F(2).
D. 
High-velocity blasting requires blast mats or similar measures to attenuate noise, dust, and debris.