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					Town of Raymond Earth Excavation Regulations


  SECTION I:                AUTHORITY ....................................................................................... 3

  SECTION II:               PURPOSE AND SCOPE .................................................................... 3

  SECTION III:              DEFINITIONS ..................................................................................... 4

  SECTION IV: PROJECTS REQUIRING A PERMIT ................................................. 6

  SECTION V:                 PROJECTS EXEMPT FROM A PERMIT .......................................... 6

  SECTION VII: PROHIBITED PROJECTS ................................................................. 9

  SECTION VIII: CRITERIA FOR NON-CONFORMING EXPANSIONS ................... 10

  SECTION IX: MINIMUM AND EXPRESS OPERATIONAL STANDARDS ............. 10

  SECTION X:                MINIMUM AND EXPRESS SITE RECLAMATION STANDARDS .... 11

  SECTION XI:                INCREMENTAL RECLAMATION .................................................... 12

  SECTION XII:               PERFORMANCE GUARANTEE ..................................................... 14

  SECTION XIII:                EXCEPTIONS ................................................................................ 14

  SECTION XIV:                 APPLICATION FOR EXCAVATION .............................................. 15

     A.        Excavation Plan ............................................................................................. 15

     B.        RECLAMATION PLAN (Raymond Section III, D, 3) ..................................... 17

     C.        SITE STANDARDS AND REQUIREMENTS (Raymond Section V) .............. 18

          1.      Topsoil ........................................................................................................ 18

          2.      Visual Barriers ........................................................................................... 18

          3.      Aquifers ...................................................................................................... 19

          4.       Access Roads ........................................................................................... 19

          5.      Blasting ...................................................................................................... 19

          6.      Waste Disposal .......................................................................................... 20

          7.      Vehicular Barrier ........................................................................................ 20

          8.      Hours of Operation .................................................................................... 20


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Town of Raymond Earth Excavation Regulations


            9.      Dust Control .............................................................................................. 20

            10.        Road Repair ........................................................................................... 20

            11.        Maintenance of Traffic .......................................................................... 21

            12.        Maximum Excavation Limit .................................................................. 21

            13.        Stump and Slash Disposal ................................................................... 21

            14.        Tree Seedling Specification.................................................................. 21

            15.        Seeding Procedures .............................................................................. 22

            16.        Revegetation .......................................................................................... 22

            17.        Signage .................................................................................................. 22

            18.        Fuel Storage and Refueling .................................................................. 23

  SECTION XV: ADMINISTRATION .......................................................................... 23

  A.        Enforcement ..................................................................................................... 23

  B.        Site Inspections (new section 03/01) .............................................................. 24

       C.        Appeals .......................................................................................................... 26

       D.           Other Regulations ..................................................................................... 26

       E.        Adoption ........................................................................................................ 26

       F.        Penalties ........................................................................................................ 26

       G.           Suspension of Permit ............................................................................... 26

       H.           Waiver ........................................................................................................ 27

  Certification of Adoption ........................................................................................ 27




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Town of Raymond Earth Excavation Regulations


SECTION I:                AUTHORITY

Chapter 155-E of the New Hampshire Revised Statues Annotated stipulates that, with
some exceptions, all earth excavations in the State are subject to regulation from the
local municipality in which the operation occurs. Pursuant to the authority vested in the
Planning Board of Raymond and RSA 155-E, the Planning Board adopts the following
regulations to govern the excavation of earth materials and reclamation of excavation
sites in the Town of Raymond.




SECTION II:               PURPOSE AND SCOPE

The goals of the Earth Excavation Regulations are:          to provide for reasonable
opportunities for excavation; to minimize safety hazards which can be created by open
excavation; to ensure that the public health and welfare will be safeguarded; to protect
natural resources and environment; and to maintain the aesthetic features of the Town.
For the purpose of achieving these goals, no earth materials in the Town shall be
removed except in conformance with these regulations.




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Town of Raymond Earth Excavation Regulations


SECTION III:              DEFINITIONS

A.      Abutter           Any person whose property is located in New Hampshire and
        adjoins or is directly across the street or stream from the land under
        consideration.          For the purposes of receiving testimony only, and not for
        purposes of notification, the term “abutter” shall include any person who is able
        to demonstrate that his land will be directly affected by the proposal under
        consideration.          For purposes of notification and receiving testimony, abutter
        means all affected towns and the regional planning commission(s) in the case of
        a development having regional impact, as determined by the Board. In the case
        of an abutting property being under a condominium or other collective form of
        ownership, the term “abutter” means the officers of the collective or association,
        as defined in RSA 356-B:3, XXIII.B.

B.      Applicant         The owner of the excavation site or person designated by the
        owner in writing at the time of application

C.      Application A complete submission of information and plans as required by
        Statute RSA 155-E and Raymond’s Earth Excavation Regulations.

D.      Aquifer           For the purpose of this Ordinance, Aquifer means a geologic
        formation, group of formations, or part of a formation that is capable of yielding
        quantities of ground water usable for a municipal or private water supply.

E.      Board             The Planning Board of the Town of Raymond, New Hampshire.

F.      Contiguous Land whose perimeter can be circumscribed without interruption in
        common ownership except for roads or other easements, in a single town.

G.      Dimension Stone Granite rock that is cut, shaped, or selected for use in
        blocks, slabs, sheets, or other construction units of specified shapes or sizes and
        used for external or interior parts of building foundations, curbing, paving,
        flagging, bridges, revetments, or for other architectural or engineering purposes.




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Town of Raymond Earth Excavation Regulations

        Dimension stone includes quarry blocks from which sections of dimension stone
        are to be produced. Dimension stone does not include earth as defined below.

H.      Earth Means sand, gravel, rock, topsoil soil or construction aggregate produced
        by quarrying, crushing or any other mining activity or such other naturally
        occurring unconsolidated materials that normally mask the bedrock.

I.      Excavation Means a land area which is used or has been used for the
        commercial taking of earth, including all slopes.

J.      Excavation Pit Agreement             An agreement between the excavation site
        owner and the contractor describing the terms and procedures for material
        excavation.

K.      Excavation site         Means any area of contiguous land in common ownership
        upon which excavation takes place.

             a. Existing Excavation          Any excavation which lawfully existed as of
                 August 24, 1979, from which earth material of sufficient weight or volume
                 to be commercially useful has been removed during the 2 year period
                 before August 24, 1979.

             b. Expansion Excavation beyond the limits of the Town and/or the area
                 which in 1979 had been contiguous to and in common ownership with the
                 excavation and has been appraised and inventoried for tax purposes as
                 part of the same tract.

L.      Express Standards             Those operational and reclamation standards outlined
        in this regulation are considered to be the minimum standards applied to any
        excavation that requires a permit.

M.      Minimum Standards             That the operational and reclamation standards
        outlined in this regulation are considered to be the minimum standards applied to
        any excavation that requires a permit.



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Town of Raymond Earth Excavation Regulations


N.      Reclamation             The restoring of an excavation site to a standard at least
        equal to those outlined in Section X of the regulations.

O.      Regulator         The Raymond Planning Board

P.      Stationary Manufacturing and/or Processing Plants             Facilities which are
        permanently placed on a site for the purposes of sorting, washing, screening,
        crushing, classifying, drying or processing excavated earth materials.




SECTION IV:               PROJECTS REQUIRING A PERMIT

A.      Those that commenced operations since August 24, 1979 without first obtaining
        a permit, unless specifically exempted by Section V below.

B.      Any excavation proposing to begin operation after the effective date of these
        regulations, October 9, 1989.

C.      Those that have lawfully operated prior to August 24, 1979 and wish to expand
        the excavation area beyond the limits of the Town in which it is situated and the
        area which on August 24, 1979 and at all times subsequent thereto has been
        contiguous to and in common ownership with the excavation site of that date and
        has been appraised and inventoried for property tax purposes as part of the
        same tract as the excavation site as of that date.

D.      Those excavations from an area which on August 4, 1989 was contiguous to or
        was contiguous land in common ownership with stationary manufacturing and
        processing plants which were in operation as of August 24, 1979 and wish to
        expand to any non-contiguous lands.

SECTION V:                 PROJECTS EXEMPT FROM A PERMIT

A.      The following projects do not require a permit, but are nevertheless subject to
        Section IX, X and XI of these regulations. In the event of a question regarding


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Town of Raymond Earth Excavation Regulations

        compliance, the Board may require the owner/operator to come before the Board
        and submit such information as may be necessary to demonstrate compliance
        with said standards.

        1.          Excavations which lawfully existed as of August 24, 1979 from which earth
                    material of sufficient weight or volume to be commercially useful has been
                    removed during the 2 year period before August 24, 1979, subject to the
                    following:

               a.          Such an excavation shall be exempt from local zoning or other
                           ordinances regulating the location of the excavation site, provided
                           that at the time operation began it was in compliance with any local
                           ordinances that may have been in effect.

               b.          The owner or operator of such an excavation area shall have filed
                           an excavation report per RSA 155-E:2I(d) with the Board no later
                           than August 4, 1991. Any existing excavation that failed to file this
                           report shall no longer be considered to be grandfathered and must
                           obtain a permit from the Board before continuing excavation of the
                           site.

B.      The following projects do not require a permit, but are nevertheless subject to
        Section IX, X, and XI of these regulations. Compliance with these standards is
        mandatory in order to retain the non-permit status. Loss of such non-permit
        status can occur only after the Board has given written notice that the excavation
        is not in compliance and the owner has failed to bring it into compliance within 30
        days of receipt of such notice as per RSA 15-E:2, III(a).

        1.          Excavations from a site which on August 4, 1989 was contiguous to or
                    was contiguous land in common ownership with stationery manufacturing
                    and process plants which were in operation as of August 24, 1979 and
                    which use earth obtained from such excavation site.




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Town of Raymond Earth Excavation Regulations

        2.       Excavations from a site which on August 4, 1989 was contiguous to, or
                 contiguous land in common ownership with stationary manufacturing and
                 processing plants for which local or state permits has been granted since
                 August 24, 1979 and before August 4, 1989, which used earth obtained
                 from such site. The operation and reclamation of such excavations shall
                 continue to be regulated by such permits and any renewals or extensions
                 thereof by the permitting authority or authorities.

        3.       An excavation performed exclusively for the lawful construction,
                 reconstruction, or maintenance of a Class I, II, III, IV, or V highway. A
                 copy of the pit agreement executed between the pit owner and the
                 governmental unit shall be filed with the Board; in addition, the provisions
                 of Section VII of this regulation are to be complied with.           The New
                 Hampshire Department of Transportation may apply directly to the Zoning
                 Board of Adjustment for an exemption from local zoning or other
                 regulations with respect to the excavation or transportation of materials
                 being used for construction, reconstruction or maintenance of a Class I, II,
                 or III highway as provided for in RSA 155-E: II, IV(c).

C.      The following projects are exempt from a permit and are not subject to
        regulations by the Board:

        1.       Excavation that is exclusively incidental to the construction or alteration of
                 a building or structure, or of a parking lot or way including a driveway on a
                 portion of the premises where the removal occurs. This excavation can
                 not commence until all required state and local permits have been issued.

        2.       Excavation that is incidental to agricultural or agricultural activities, normal
                 landscaping, or minor topographical adjustment:

        3.       Excavation from a granite quarry for the purpose of producing dimension
                 stone, if such excavation requires a permit under RSA 12-E. (Mining and
                 Reclamation)



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Town of Raymond Earth Excavation Regulations

        4.       A person owning land abutting a site which was taken by eminent domain
                 or by any other governmental taking upon which construction is taking
                 place may stockpile earth taken from the construction site and may
                 remove the earth at a later date after written notification to the Board.




SECTION VII:              PROHIBITED PROJECTS

The Board shall not grant a permit for the following projects:

A.      For excavations within 50 feet of the boundary of a disapproving abutter or within
        10 feet of an approving abutter unless approval is requested by said abutter.

B.      Where existing visual barriers would be removed, except to provide access to
        the excavation.

C.      Where the issuance of the permit would be unduly hazardous or injurious to the
        public welfare. The Board shall give particular consideration to such factors as
        noise, traffic, dust, fumes, or danger from operation.

D.      Where the excavation would substantially damage a known aquifer, as
        designated by the United State Geological Survey.

E.      When the excavation cannot receive necessary land use permits from state or
        federal agencies.

F.      Where the excavation is not permitted by zoning or other applicable ordinance,
        provided, however, that reasonable opportunities for excavation exist in Town, as
        described in RSA 155-E: 4, III.

G.      Where the project cannot comply with the requirements of Sections IX, X, and XI
        of these regulations.




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Town of Raymond Earth Excavation Regulations




SECTION VIII:             CRITERIA FOR NON-CONFORMING EXPANSIONS

Expansion of existing excavations located in an area in which excavations are no longer
permitted by local zoning in effect on August 4, 1989 may be restricted or modified with
conditions by the Board if after notice to the owner and a public hearing, the Board finds
that the expansion will have a substantially different and adverse impact on the
neighborhood. Any potential impacts will be determined by the Board during a duly
noticed public hearing. Impacts will vary depending upon the particular neighborhood,
nevertheless, the following criteria will be taken into consideration.

            The excavation will not cause a diminution in area property values or
             unreasonably change the character of the neighborhood.

            The excavation will not unreasonable accelerate the deterioration of
             highways or create safety hazards in the use there of.

            The excavation will not create any nuisance or create health or safety
             hazards.




SECTION IX:               MINIMUM AND EXPRESS OPERATIONAL STANDARDS

For excavations not requiring a permit, the following express operational standards
apply. For those excavations requiring a permit, these standards are considered to be
the minimum; more stringent standards such as are consistent with the purpose of
these regulations may be applied, as deemed necessary by the Board.

A.       No excavation shall be permitted closer than 150 feet to an existing dwelling or
         to a site for which a building permit has been issued at the time the excavation
         permit is granted.




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Town of Raymond Earth Excavation Regulations

B.      No excavation shall be permitted below road level within 50 feet of the right-of-
        way of any public highway as defined in RSA 229:1 unless such excavation is for
        the purpose of said highway.

C.      Vegetation shall be maintained or provided within the peripheral areas of
        paragraphs A and B of this section.

D.      No fuels, lubricants or other toxic or polluting chemicals shall be stored on-site
        unless in compliance with State laws or rules pertaining to the storage of such
        materials.

E.      Where temporary slopes will exceed a 1:1 grade, a fence or other suitable
        barricade shall be erected to warn of danger and/or limit access to the site.

F.      Appropriate drainage systems shall be provided to prevent the accumulation of
        free standing water for prolonged periods. Excavation practices which result in
        continued siltation of surface waters or any degradation of water quality of any
        public or private water supplies are prohibited.

G.      No excavation shall be permitted within 75 feet of any great pond, navigable
        river, or any other standing body of water 10 acres or more in area, or within 25
        feet of any other stream, river or brook which normally flows throughout the year,
        or any naturally occurring standing body of water less than 10 acres, prime
        wetland as designated in accordance with RSA 482-A:15, I or any other wetland
        greater than 5 acres in area as defined by the Wetlands Board.



SECTION X: MINIMUM AND EXPRESS SITE RECLAMATION STANDARDS

For excavations not requiring a permit, the following express standards shall apply.
Within twelve (12) months after the expiration date in the permit issued under this
regulation or after the completion of the excavation or any of its phases, whichever first
occurs, the owner of the excavated area shall reclaim in accordance with the following
standards:


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Town of Raymond Earth Excavation Regulations

A.      Areas visible from a public way, from which trees have been removed, shall be
        replanted with tree seedlings, set out in accordance with acceptable horticultural
        practices.

B.      Except for exposed rock ledge, all areas shall be spread with topsoil or any
        other soil capable of maintaining vegetation, and shall be planted with seedlings
        or grass suitable to prevent erosion.

C.      Earth and vegetative debris resulting from the excavation shall be removed or
        otherwise lawfully disposed of.

D.      All slopes, except exposed ledge, shall be graded to natural repose for the type
        of soil of which they are composed, so as to control erosion or at a ration of
        horizontal to vertical proposed by the owner and approved by the Board.
        Changes of slope shall not be abrupt, but shall blend with the surrounding
        terrain.

E.      Any      standing bodies of water created by the excavation that are judged to
        constitute a hazard to health and safety shall be eliminated.

F.      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.

G.      Excavation projects which require a permit from the division of water supply and
        pollution control pursuant to RSA 485-A17 shall supersede this regulation.
        Copies of all such permits shall be filed with the Board.




SECTION XI:                INCREMENTAL RECLAMATION

Except for excavation sites of operating stationary manufacturing plants, any excavated
area of 5 contiguous acres or more which is depleted of commercial earth materials,
excluding bedrock, or any excavation from which earth materials of sufficient weight or


As amended to March 1st, 2001                                                 Page 12 of 27
Town of Raymond Earth Excavation Regulations

volume to be commercially useful have not been removed for a 2 year period, shall be
reclaimed in accordance with Section X of these regulations within 12 months following
such depletion or non-use, regardless of whether other excavation is occurring on
adjacent land in contiguous ownership. A reclamation plan, including a reclamation
timetable for the depleted areas within the reclamation site, shall be submitted to the
Board for approval.




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Town of Raymond Earth Excavation Regulations


SECTION XII:               PERFORMANCE GUARANTEE

Prior to the granting of an excavation permit, the applicant shall submit to the
Selectmen sufficient surety, as determined by the Board to guarantee reclamation of
the site, repair of Town Roads, if damaged as result of the excavation and compliance
with excavation agreements.

A.        The surety shall be in the form of a:

     1.      Certified check, bank check, or savings account passbook properly endorsed
             to The Town of Raymond.

     2.      Surety bond issued by a surety company authorized to do business in New
             Hampshire and issued to the Town of Raymond.

     3.      Other form approved by the Board.

Town Counsel shall review the suitability and enforceability of the Performance
Guarantee. The surety may be phased to coincide with the phasing of work, in an
amount sufficient to guarantee reclamation of the applicable section, to be released as
sections are completed. Prior to a new section being opened, new securities shall be
posted.

The Performance Guarantee shall not be released until the Board is satisfied, after
inspection by its agent or engineer, that all conditions of the reclamation plan and
necessary repairs have been completed.




SECTION XIII:              EXCEPTIONS

Due to the diverse nature of excavation operations which vary in scale and scope, and
due to the varying conditions of the land to be excavated, the Board may, upon
application and following a duly-noticed hearing, grant any exception in writing to the
standards contained in Sections IX, X, XI and XII for good cause shown. The written



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Town of Raymond Earth Excavation Regulations

decision shall state specifically what requirements are being waived and include any
reasonable alternatives. The Board’s decision may be appealed in accordance with
RSA 155-E:9.

SECTION XIV:               APPLICATION FOR EXCAVATION

The applicant for an excavation permit shall submit to the Board a completed
application form, an excavation and a reclamation plan, any other submission
documents as requested, and the filing fee. At least three copies of all plans shall be
filed with the Board prior to a scheduled Board meeting, and one copy shall be sent to
the Conservation Commission.            A Registered Land Surveyor shall prepare the
Excavation Plan at a scale of 1” = 50’.

A.        Excavation Plan

          The excavation plan shall address specific actions to be taken on the site relative
          to fuel and chemical handling and storage, blasting, dust control, traffic, noise
          control and abatement, and comprehensive site safety of unauthorized persons.
          The Plan shall show or be accompanied by the following items, unless waived by
          the Board:

     1.      Name and address of the owner(s), the excavator (if different) and names
             and addresses of all abutters.

     2.      Name, address, and signature of the person preparing the plan, date, bar
             scale and north arrow, locus map and parcel size.

     3.      Zoning district boundaries of the proposed area and within 200 feet of the
             boundary of the project.

     4.      Sketch and description of the location and boundaries of the proposed and
             any existing excavations, the area in square feet and acres, and affected
             towns.




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Town of Raymond Earth Excavation Regulations

    5.       The location of property lines, dimensions, bearings of existing buildings,
             structures, septic systems and wells within 200 feet of the boundary.

    6.       Lot lines, public streets, driveways, intersections, rights-of-way, and all
             easements within 200 feet.

    7.       Topography at existing and planned contour intervals of two (2) feet, and
             known limits of any acquifer areas.

    8.       All surface drainage patterns including wetlands and standing water.

    9.       Sketch and description of existing and proposed access roads, including
             width and surface materials.

    10.      The breadth, depth and slope of the proposed excavation and the estimated
             duration of the project.

    11.      The elevation of the highest annual average ground water table within or next
             to the proposed excavation.

    12.      Test pits that extend to either the seasonal high water table, ledge, or a
             minimum of six feet below the maximum proposed excavation depth,
             including location and soils data, boring logs may be submitted separately.

    13.      Proposed fencing, buffers or other visual barriers, including height and
             materials.

    14.      All measures to control erosion, sedimentation, water pollution, air pollution
             and hazards to human safety .

    15.      Planned sequencing or application for said permits excavation activities
             including approximate dates and areas.

    16.      Information and truck traffic, designated routes, hours of operation, maximum
             number of daily trips and weight limits.




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Town of Raymond Earth Excavation Regulations

     17.      Copies of all necessary State and Federal Permits or applications for said
              permits.

     18.      Flood Plain Elevations

B.         RECLAMATION PLAN (Raymond Section III, D, 3)

           The reclamation Plan shall be drawn at the same scale and use the same base
           survey information as the Excavation Plan. The reclamation plan shall address
           the effects of the proposed excavation on soil, surface and groundwater,
           vegetation, overburden topography, and fill material, and should address future
           land use consistent with the Master Plan.               The plan shall depict or be
           accompanied by the following items, unless waived by the Board:

     1.       Name, address, and signature of the person preparing the plan; date, bar
              scale and north arrow;

     2.       All boundaries of the area proposed for reclamation and the land within 200
              feet of the boundary of this site;

     3.       Final topography of the area proposed for reclamation, at contour intervals of
              five feet or less along with cross section(s) showing restored topography
              every 100 feet.

     4.       Final   surface   drainage     patter,   including    the   location     and   physical
              characteristics of all artificial and/or modified drainage facilities;

     5.       Phasing of the site restoration;

     6.       Schedule of final reclamation activities including soil fertilization, seeding and
              mulching specifications, plant and other landscaping material to be used in
              reclamation, their size and quantities. The specific vegetative reclamation
              element shall be designed and approved by an agronomist, soil scientist,
              conservation district representative or other         specialist recognized by the
              State of New Hampshire;


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Town of Raymond Earth Excavation Regulations

    7.       Erosion and sedimentation control plan indicating the type and location of
             erosion and sedimentation control methods to be used; The New Hampshire
             Sediment and Erosion Guidelines Manual prepared by SCS, shall be used at
             a minimum.

C. SITE STANDARDS AND REQUIREMENTS (Raymond Section V)

    As part of the application for an excavation permit, the applicant shall maintain the
    site according to the following standards. The applicant may request, in writing a
    waiver, to one or more of these site standards and conditions.

    1.       Topsoil

             Prior to excavation of materials, all topsoil shall be stripped and stored on-site
             for site reclamation upon the completion of the excavation project. This shall
             be done in a phased manner to minimize possible erosion. Topsoil, whether
             on site or hauled in, shall consist of a loose friable soil with no admixture,
             refuse, or material toxic to plant growth. Topsoil shall be free from stones,
             lumps, stumps, or similar objects, with no more than 5% to 10% being greater
             than 2" but, in no case, greater than 4". Prior to stripping material to be used
             as topsoil, it shall have demonstrated by the occurrence upon it of health
             crops, grass or other plant growth, that it is of good quality and reasonable
             free drainage All topsoil material shall be approved for use by the board or its
             designated agent. All disturbed areas shall receive a minimum 4" layer of
             reapplied topsoil. This may require hauling sufficient material in to the site if
             not enough material is on site.

    2.       Visual Barriers

             A vegetative or topographical visual barrier or buffer shall be maintained
             between surrounding roads, commercial and residential land uses and the
             excavation site wherever possible, and shall be indicated as such on the
             excavation plan.



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Town of Raymond Earth Excavation Regulations

    3.       Aquifers

             Within the Aquifer Conservation District, as identified in Article III, Zone I of
             the Raymond Zoning Ordinance, as amended, no excavation shall take place
             within six (6) vertical feet of the seasonal high water table.

      4.      Access Roads

             Access roads leading to and from the excavation site shall intersect existing
             streets and roads at locations that have been duly approved by State and
             local officials and in a manner that will not endanger the safety of highway
             users and local residents. The provisions of RSA 236:13 and 14 shall be
             adhered to by the applicant and shall be shown on the excavation plan.
             Access roads shall be obliterated upon depletion and/or completion of pit
             unless requested to be retained by the regulator.

    5.       Blasting

             If the excavation requires the blasting of materials, the applicant shall so
             indicate in the application and certify that all blasting operations shall conform
             to NH RSA 158:9=F along with the rules and regulations for Explosives
             promulgated by the Division of State Police, NH Department of Safety. In
             particular pre-blast inspections shall be completed of all structures, not
             controlled by the blaster, within 150 feet of the blasting operation. As part of
             this application, the blaster shall provide a copy of his State of New
             Hampshire blasting permit, a statement that he has met with the Fire Chief,
             Town of Raymond, a copy of his insurance and Statement that he will comply
             with National fire Protection Association’s Explosive Materials Code 1992
             edition. If the Board determines that it is necessary , the Board may require
             that a Performance Guarantee be provided in conformance with Section XII
             of these regulations.




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Town of Raymond Earth Excavation Regulations

    6.       Waste Disposal

             No disposal of any waste material, including solid and/or hazardous waste,
             septage, dredge spoils, or organic waste and debris, shall be undertaken on
             the excavation site without appropriate State approval under RSA 149:M.1 or
             other appropriate State regulations..

    7.       Vehicular Barrier

             A barrier to prohibit vehicular access when the pit is not in operation shall be
             required.

    8.       Hours of Operation

             Start-up time for all machinery associated with a gravel or sand pit and
             removal of material from the site shall be no earlier than seven a.m. (7:00
             a.m.); termination of removal from the site shall be no later than four-thirty
             p.m. (4:30 p.m.) and all processing must be shut down by six p.m. (6;00 p.m.)
             These operating hours shall be for Monday through Friday. No operation
             shall take place on Saturdays, Sundays and Town Holidays. (6/00)

    9.       Dust Control

             Dust control measures will be instituted at the direction of the Planning Board
             or its duly authorized agent, where necessary, to protect from nuisance
             abutting property owners.

    10.      Road Repair

             The applicant shall be held liable for the repair of Town-maintained roads
             which are damaged as a result of hauling earth from the site. The Planning
             Board shall require the submission of performance security, according to the
             provisions of Section VI of these regulations, to insure adequate repair of
             damaged road segments following site restoration.




As amended to March 1st, 2001                                                   Page 20 of 27
Town of Raymond Earth Excavation Regulations

    11.        Maintenance of Traffic

               It shall be the applicants responsibility to provide and bear the cost for
               adequate means of traffic control at all hours of excavation operations. Said
               means shall include, but not be limited to, flag persons, signage, barriers,
               traffic details, warning flashers and lights, special duty police details and
               gates. Adequacy of traffic maintenance shall be determined by the Town
               Manager.         Should the Town Manager determine that Traffic is not being
               adequately maintained, said determination shall be considered a violation of
               the Excavation Permit.

    12.        Maximum Excavation Limit

               Final excavation grade shall not be less than 6 feet to documented seasonal
               high water table.

    13.        Stump and Slash Disposal

               Stumps and slash generated during the site preparation shall be chipped on
               site and the resulting chips used on site for erosion control, or removed from
               the site, or:

               Stumps and slash may be land filled if said disposal site is approved by the
               State of New Hampshire in accordance with RSA 149:M.1 or current State
               regulation.

    14.        Tree Seedling Specification

          A.      Tree seedlings shall be two (2) year old plants or plants furnished under
                  standard nursery order.

          B.      Seedlings without center buds and seedlings without pruned roots will not
                  be accepted.




As amended to March 1st, 2001                                                    Page 21 of 27
Town of Raymond Earth Excavation Regulations

          C.      Seedlings shall be set out in accordance with accepted horticultural
                  practices at eight (8) foot spacing in both directions.

    15.        Seeding Procedures

               All seeding shall be accomplished in conformance with the State of New
               Hampshire, Department of Transportation, Standard Specifications for Road
               and Bridge Construction, latest edition, Section 644-Grass Seed; Sub-
               Sections 1.1 through 3.7.3 inclusive, or SCS Standards and Specifications.
               Certificates attesting to seed compliance with State and/or SCS specifications
               shall be mandatory.

    16.        Revegetation

          A.      All disturbed areas shall be spread with the original topsoil or sufficient
                  topsoil to cover disturbed areas to a minimum depth of four (4) inches,
                  when possible.

          B.      At a minimum, areas from which trees have been removed shall be
                  replanted with white pine seedlings.

          C.      At a minimum, areas where low brush or grass has been removed shall
                  either be planted with seedlings or seed with a seed mixture conforming to
                  the State of New Hampshire Department of Public Works and Highways
                  slope-seed mix, or SCS approved mixture.

    17.        Signage

          A.      All pits shall be properly identified by signs clearly stating name, owner,
                  permit number.

          B.      Perimeter of pits shall be suitable posted with signs at a maximum 100
                  foot interval, notifying trespassers of potential danger.




As amended to March 1st, 2001                                                    Page 22 of 27
Town of Raymond Earth Excavation Regulations

     18.     Fuel Storage and Refueling

             All fuel storage and refueling shall take place in a secure designated area
             constructed especially for said purpose. No underground storage of fuels will
             be allowed. Excavation Plan shall clearly show refueling area and facilities.

D.         FEES (09-03)

     1.      An application fee in the amount of one-hundred and fifty dollars
             ($150.00) shall accompany the application for an excavation.

     2.      Abutters notitification fee in the amount of five dollars ($5.00) per
             abutter shall be paid at the time of application.

     3.      Public Notice fee in the amount of sixty-five dollars ($65.00) shall be
             paid for the publication in a local paper and on the internet.

     4.      In addition to the application fee an inspection escrow as set forth
             under Section XV below, shall be required prior to any issuance of a
             permit to excavate.

     5.      A permit fee of fifty dollars ($50.00) shall be paid prior to issuance of
             any permit or renewal of any permit .

     6.      The above fees shall be review from time to time, and may amended by
             the Planning Board to cover reasonable cost associated with the
             application and permitting process.

SECTION XV:               ADMINISTRATION

A.         Enforcement

     1.      The Planning Board or its duly authorized agent is responsible for the
             enforcement of these regulations, as provided by RSA 155-E:10. The Board
             may visit the site once a year to inspect the site and its condition.      The



As amended to March 1st, 2001                                                   Page 23 of 27
Town of Raymond Earth Excavation Regulations

             enforcement officer or other qualified inspection agents appointed by the
             Planning Board may visit the site for compliance inspections three times a
             year provided, however, that the Board or it’s agents may visit the site at any
             time and without limitation if they have a reasonable belief that a violation of
             law or these regulations has occurred or is occurring.       In no case shall
             inspections be less than annually. (03/01)

     2.      The excavation permit may be suspended or revoked for any person who has
             violated any provision of his permit, the Town’s Earth Excavation regulations
             or of Chapter 155-E, or made a material misstatement in the permit
             application upon which his permit was granted.           Such suspension or
             revocation shall be subject to a motion for a rehearing and appeal in
             accordance with RSA 155-E:9. (03/01)

B.        Site Inspections (new section 03/01)

     1.      Authorized Inspectors

             The Planning Board shall designate employees of the Town or other qualified
             agents to carry out regular inspections of the excavation site. The Town will
             submit to the applicant a list of the Town’s employees or agents authorized to
             carry out pit inspections, and the applicant shall communicate this information
             to its employees on the site. For inspection purposes the Town or it’s agents
             shall have the right to gain access to the site during hours when the pit is in
             operation to carry out unscheduled inspections.

     2.      Inspection Agents

             The Raymond Planning Board shall contract with a qualified professional
             consultant, as determined to be appropriate by the planning board, at the
             expense of the applicant, to provide inspection services, testing services and
             other such services as the Board at its discretion may require to insure
             compliance with any permit to operate a gravel pit within Raymond.



As amended to March 1st, 2001                                                   Page 24 of 27
Town of Raymond Earth Excavation Regulations

    3.       Purpose

             Inspections will be carried out for the purpose of confirming that operations
             are being carried out as specified in these regulations and that any conditions
             imposed by the Planning Board during permit approval and /or renewals are
             being met.

    4.       Cost

             The Applicant shall be responsible for the costs of all inspection, enforcement
             and administrative activities to be performed pursuant to any permit to
             operate. Such activities may include, but not be limited to: site inspections,
             water quality sampling and analysis, preparation of an annual report and
             other such requirements imposed by the Planning Board at the time of
             approval, renewal, or amendment of a permit to operate a gravel pit within
             Raymond.

    5.       Escrow Account

             The Town shall create and the applicant shall fund a non-interest bearing
             escrow account in the name of the applicant to ensure payment of the above-
             referenced costs. The account shall include a sufficient amount to cover all
             estimated costs for any pre-operation phase as well as anticipated
             inspections and testing for two years of pit operations. An accounting of
             disbursements from this account will be made to the applicant on a regular
             basis, to be arranged, but no less than annually. The applicant shall make an
             annual payment to the escrow account as necessary to bring it up to two
             years worth of estimated costs. Upon completion of the closure plan after
             operations at the pit have ended and all vegetative reclamation certified
             healthy, or within three (3) years of cessions of pit operations, the Town shall
             return any remaining funds in the escrow account to the current owner. The
             estimated cost and amount of the escrow account shall be determined by the




As amended to March 1st, 2001                                                   Page 25 of 27
Town of Raymond Earth Excavation Regulations

             Planning Board after consultation with it’s agents and shall reflect reasonable
             current cost for inspection services, for each site, on an annual basis.

C.      Appeals

        Any person, aggrieved by the official decision of the Planning Board, may appeal
        for a rehearing on such decision as provided by RSA 155-E:9.

D.      Other Regulations

        Where these regulations are in conflict with other local ordinances and/or
        regulations, the more stringent shall apply. These regulations are intended to be
        self supporting of other local land use regulations in Raymond.

E.      Adoption

        These regulations shall become effective after a public hearing, adoption and
        certification by the Planning Board and placed on file with the Board of
        Selectmen, the Town Clerk and the Rockingham County Registry of Deeds. A
        copy of the regulations shall also be forwarded to the New Hampshire Office of
        State Planning.

F.      Penalties

        Fines, penalties, and remedies for violations of regulations shall be the same as
        for violations of RSA title LX, as stated in RSA 676:15 and 676:17. Action could
        include revocation of the permit for cause (RSA 676:15) and imposition of a
        $100.00 per day civil fine on the excavator.

G.      Suspension of Permit

        The terms of these regulations and Chapter 155 of RSAs are specifically
        incorporated into all permits issued hereunder.

        The violation of any condition of the permit shall in conjunction with above
        penalties result in a two-week suspension of permit for the first offense and a 30


As amended to March 1st, 2001                                                    Page 26 of 27
Town of Raymond Earth Excavation Regulations

          day suspension for a subsequent offense. Should the violation become chronic
          and repetitive, the regulator shall take appropriate legal steps to revoke the
          permit.

H.        Waiver

     1.      The Planning Board reserves the right to waive and/or all of these regulations
             if the majority of the Board should see fit.

     2.      Applicants wishing to have specific items waived must apply to the Board for
             same in writing, specifically identifying the item in question and documenting
             appropriate reasons for this action.




Certification of Adoption

          These regulations have been adopted by the Raymond Planning Board on
          October 5, 1989 as amended to March 1st, 2001




As amended to March 1st, 2001                                                  Page 27 of 27

				
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